Register your Business in Spain
One of the great obstacles to entrepreneurship in Spain has
always been the high bureaucratic burden necessary to create a company. As has
been repeated a thousand and one times in the media, founding a company in
Spain requires a significant effort of time and money (even up to weeks,
depending on the type of business we want to establish) compared to the few
hours it takes to lift an organization in countries like the United Kingdom
and, even, Estonia.
The extreme complexity of the business system in Spain, with
different legal formulas and different regimes depending on the Autonomous
Community or the type of activity, has not contributed to make this type of
procedures accessible to ordinary mortals who have had, in Some time, an
entrepreneurial vocation. It is not surprising, therefore, that a large number
of these people have ended up hiring the services of an independent manager or
consultant to help them lay the legal foundations of their company.
Of course, the best way to do it is to go to a consultancy.
In fact, many foreign citizens choose to hire the services
of an agency that handles all these procedures for Set Up Business in Spain for them, going only to the signing of
each of the necessary documents (essentially, the signature before a notary
public of public deeds). This will save money, but above all, a lot.
However, if the desire is to do the procedures yourself,
there are a series of steps that you must complete to Set Up Business in Spain. Always remember that these procedures
vary between the different regions of our country and there are numerous
exceptions to the general procedure that you should know before getting
involved in this process.
Decide the ideal
legal form
The first step before embarking on the journey by the
different administrations to the position is to conveniently analyze all the
legal forms that exist in our country to Set Up Business in Spain until we find the one that best fits with our objectives
or that provides us with greater advantages. fiscal. We must remember that each
model requires different levels of social capital or number of partners, as
well as different levels of legal responsibility and on the capital or debts of
the future organization. The way we choose will also depend, in part, on the
administrative path that we will have to carry out for its discharge.
In this sense, the two most common formulas for Set Up Business in Spain are the
Limited Companies and the Autonomous Companies. Both share a limited
responsibility for what happens in the company (we will not have to respond
with our capital in case of bankruptcy of the organization, unless some type of
crime is proven on our part, unlike the self-employed) but they vary
considerably in the capital needed to create it (60,000 euros versus 3,000).
Procedures everywhere
Once the ideal legal formula for Set Up Business in Spain has been decided, it is time to get
down to work to complete the various documents that will be required for the
company to have full legal validity:
Central Mercantile Registry: The first thing of everything
will be to register the denomination of our business in this organism; a
procedure that luckily can be done telematically or by mail.
Social statutes and public deed of the company: Before a
notary, we must present the public deed by which our company is constituted,
signed by all the partners.
First taxes: After giving light to the public deed of our
society we will have to face the first fiscal charges of the newly created
company. This is, in particular, the Transfer Tax and Documented Legal Acts in
the form of Corporate Transactions, to be paid at the settlement office of each
Autonomous Community. It is a procedure that, fortunately, has zero cost since
2010.
Request a provisional NIF in the Treasury: The former known
as CIF, now reunified in the NIF, is the fiscal number that will allow us to
identify our company in invoices and other documents subject to inspection.
Mercantile Registry: This is the last step of the corporate
creation, the registration of our company in the Commercial Register of our
province. For this, they will ask us for the deed of the company, the
provisional NIF certificate and the proof of having processed the corporate
operations tax.
Application for municipal licenses: Depending on the type of
business that we want to conform, it is very possible that we need an
authorization from the corresponding City Council; especially in those
businesses that are regulated by geographical reasons or competition (such as
regulated hours), where physical spaces are used with specific ratings
(stores), in addition to those considered sensitive from a health point of view
(bars, restaurants, medical consultations) , etc.).
Registration in Social Security: In the event that the
company already has employees on payroll, the company must proceed to its
registration in the Social Security, in the corresponding sections and subject
to the agreement that is appropriate for the functions to be performed.

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