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How to Set Up a Company in Spain

Posted by Sunuti on April 24, 2018
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If you are looking to set up a company in Spain you will have to be prepared to go through quite a lengthy process, sadly it is not quite as straight forward as it is in the UK. The most common form of company in Spain is similar to our Limited Company structure and is called Sociedad Limitada or S.L. We will walk you through the process in the following steps;

Step 1 – Obtain a NIE

You will find an in depth blog on how to do this here

Step 2 – Registro Mercantile Central (RMC)

Once you have your NIE you will need to choose a company name to trade as and the Spanish Government require you to check with them that this name is not already in use, you can do this here (http://www.rmc.es). Once you have requested them to check you will likely to hear whether the name you have chosen is Ok in around three days.

Step 3 – Agencia Estatal de la Administracion Tributaria (AEAT)

Now you will have to apply for a unique tax number for your business, you can download the form (Form 036) here (https://www.agenciatributaria.es) and once you have filled it out you will need to take it to your local Hacienda office to submit it in person, taking with you your NIE plus a photocopy and your RMC. You will be given this tax code immediately. We suggest calling your local Hacienda office before you go to make sure you are going to the correct place, as we know in Spain things are never as simple as they seem to better to check.

Step 4 – Open Bank Account

You will need to open a bank account and deposit a minimum of €3,000, this is the minimum of Share Capital Required by the Spanish Government. In order to open this account you will need to take with you your NIE, RMC and the paperwork for your unique tax number.

Step 5 – Visit Notary

You will now need to book an appointment with a Notary and take with you all of the documentation above, you NIE, RMC, AEAT and finally evidence of your new bank account. Again, we very much advise that when you book your appointment with your Notary you check with them that they are happy to accept everything we have mentioned so far, remember, nothing is ever easy in Spain! The Notary will supply you with a Deed of Incorporation.

Step 6 – Generalitat

With the Deed of Incorporation that your Notary has given you plus all your other paperwork you must now return to your local Tax Office (AEAT) for them to register your Deed, they will physically stamp it and you will need to allow yourself at least two hours there, three to be safe.

Step 7 – Registro Mercantile

You will now need to return to the Registro Mercantile again with all your documentation and your Deed of Incorporation which has now been stamped. They will take some of your documents whilst they are registering the company and will usually return them within 15 working days.

Step 8 – Agencia Estatal de la Administracion Tributaria (AEAT)

To continue with the recent them you will now need to return to the AEAT where you must submit all of your documents including stamped Deed of Incorporation for the Tax number you received in step 3 to be made permanent.

Step 9 – Tesoreria General de la Seguridad Social (TGSS)

Finally, as the company director, you will need to register for Social Security and for Occupational Accident Insurance. As a company Director you will be classed as ‘Autonomo’ which means you will need to pay €235 per month you will need all of the paperwork you have gathered so far plus a a new form, TA0521, which you can download here (http://www.seg social.es/Internet_1/index.htm) As you can see this is quite a lengthy process that involves quite a lot of paperwork and visits to various offices. We thoroughly recommend that you contact a business lawyer to assist you with this process, for a fee they will be able to walk you through the process and hopefully save you time in the long run.

Good luck!

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