Section II: Doing business in Spain

Doing business in Spain: Section II - How to set up your business in Spain

PROCEDURE TO SET UP YOUR BUSINESS IN SPAIN

1. Main steps to follow

2. Hiring workers

3. Subsidies granted by the Spanish government

4. Getting legal help

Main steps to follow

In general terms, to acquire legal status and start any economic activity in Spain, the following procedural formalities are necessary (in some cases additional steps may be required):

1. Registration of the company name. (Registro Mercantil Central), confirming that the name you intend to use is not already registered.
2. Apply for your C.I.F (company tax identification code) at the tax office.
3. Deposit the capital into a bank account in the company’s name
4. Deed of incorporation. The founding partners, when applicable, shall sign the constitution deed for the business before a notary in Spain.
5. Registering the company at the Corporate Registry (Registro Mercantil), it shall be done once the transfer tax has been paid. Deed of incorporation will be required.
6. A Formal Declaration to start the activity of the company shall be filed before the Spanish Tax Office (Delegación de Hacienda), which shall contain the tax system for which the company will be liable.
7. The company will be liable for the Spanish Tax on Economic Activity.
8. Registration of the company at the Social Security General Treasurership.
9. The company’s director with direct control of the society shall join the Autonomous workers’ special system.
10. It is necessary that your company acquires the “libro de matricula“. This book will log personnel registration as well as the visits that Labour Inspectors (Inspección de trabajo) pay to the work centre.
11. Communication of the opening of the work center or resumption of economic activity, it must be filed before the Regional Work Authorities Office (Dirección Provincial de Trabajo).
12. You must apply for the opening license at the Spanish Town Council (Ayuntamiento).
13. Depending on the kind of company, tax books (libros contables) may be required.
14. Declaration of foreign investments in Spain. Foreign investments assigned to set up a company in Spain shall be declared to the Spanish Investments Register (Registro de Inversiones) of the Tax and Economy Ministry.

2. Hiring workers

If you need to hire employees for your business in Spain, you shall register them at the Social Security General Treasurership (Tesorería General de la Seguridad Social).

Remember that employees in Spain, whether they are Spanish or foreigners, are entitled to all the benefits provided by the Spanish labour legislation: working conditions, dismissal indemnities, maternity leave, etc.

Spanish law provides different types of employment contracts, some of them permit the rendering of services where additional labour is needed, e.g. the part time work contract; This may help to solve small new businesses’ needs in certain moments.

These are only general guidelines and not definitive statements of the law, all questions about the law’s applications to individual cases shall be directed to a Spanish Professional.

3. Subsidies granted by the Spanish government

Spanish government gives incentives aimed at promoting the creation of industrial estates, innovation, technological improvement, research, development, and job creation. Spanish and foreign-owned companies as well as individuals willing to set up their own company in Spain may receive these subsidies.

The incentives are granted by local, regional or national authorities, and may consist of non-refundable cash subsidies as a percentage of eligible investment expenditure.

Your company shall meet the requirements that the national, regional or local administrative body establishes in order to apply for each subsidy. Usually, applicants are required to do something prior their applications: e.g. hire workers, make any specific investment, etc. Applications shall normally be submitted within a short period of time since the subsidy was published.

Depending on the exact nature of your business there may be a whole series of aids and grants available to you. We may provide you with clear and accurate information about Spanish subsidies adequate for your needs, and may deal with your application.

B. Getting legal help Let us take care of all the legal paperwork. Contact us.

Lopez Develop Ltd