Frequently asked questions about company formation, incorporation, administration in Spain 2018

Q: Which are the first steps to setup a Spanish company or subsidiary?
  1. Identification of the foreign investor/shareholder: name, address, Tax number and Spanish Tax-Id-number. If the new shareholders or directors have not a Spanish Tax-Id (NIE), they have to apply for your NIE oneline before incorporating a company in Spain. We will take care for your tax id's.
  2. Choose the name for the new company. You can apply for 3 names, in order of preference, just in case the preferred ones are not available. Be the first! Here you can apply for your company name online. If you oder your company formation at De Micco & Friends, all tax-id applications are included.
  3. Naming of the directors of the company: you can opt for a sole director, two directors (acting jointly or severally) or a Board of Directors. If you decide for a board, then the board has to choose a managing Director.
  4. In Spain it's possible that director and shareholder is one and the same person.

At De Micco & Friends you can order your Spanish SL, SA online here.

Q: Must I travel to Spain to setup a company?

No. The complete incorporation process can be executed by a Power of Attorney (PoA). The Power of Attorney should include the application for the Tax Identification Numbers (NIE) of the shareholders and the Directors of the company and also to set up the company at a Spanish notary. We will draft and prepare all necessary documents and deliver them to you, ready for signing and notarization. The verification and legalization of the documents you will get at any Spanish consulate.

Q: Which are the most common and useful company forms in Spain?

The most common company forms are the SL (Sociedad Limitada - limited liability company) and the SA (Sociedad Anónima - corporation). As a matter of fact, the shareholders are not liable for the company’s debts. Both types of companies have a similar tax treatment. The SL is some more flexible (less formal) and therefore has a lower maintenance cost. The SA is suitable for large companies and has a few advantages: it can issue bonds and debentures and it can be listed at the Stock Exchange. Also, the transfer of shares are more easily done with a SA than with a SL. Also, for a holding structure, the SA might be the better vehicle.

Q: Who can be shareholder and director of a Spanish company?

In Spain, everybody can be shareholder as well as director of a Spanish company, including non-EU resident individuals and non-EU resident companies.

Q: What is a Virtual Office Service?

The virtual office service makes is possible to manage your Spanish company in your absence and without investing in infrastructure or staff. You get a full and professional presence in Spain with a real company address, post and mail-forwarding, local phone number and meeting rooms. Our virtual office service also includes the administration of the company, like the communication with local authorities and forwarding of information. Especially in the beginning many clients use this service to start their business in Spain with a much lower risk. Here you can find all information about our Virtual Office Services.

Q: Who takes care for accounting, tax declaration and fillings?

De Micco & Friends is a full-service law, audit and accounting firm. After setting up your company, we will take care for accounting, tax fillings and balancing. You will get all services for a very good flat fee. Our international tax experts will assist you in all personal and business tax matters.

Q: Do I need a Spanish bank account? How can I get it?
Yes. A Spanish company need a Spanish bank account. The opening of a Spanish bank account is included in our company formation services.
Q: Do I get a credit/debit card? How my clients will pay my invoices?

As soon as you are a registered director or shareholder of your Spanish company, you will get a credit or debit card for your company account.

From your clients you can receive payments worldwide by bank transfer or by credit card payments. We co-operate with several POS- and terminal providers, which allow worldwide payments to your Spanish bank accounts. By using GPS, you can charge credit cards from every place on the world with a payment terminal or a mobile phone.

Q: To which countries and clients I can invoice with a Spanish company?

In general, from Spain you can make worldwide business! As Spain is a full member of the European community, you can deliver non-restricted products and services to clients all over the world.

Q: How is the responsibility of a Spanish director?

A company director manages and runs the day-to-day decisions of the company and has full authority to represent the company in all activities related to the company’s corporate purpose. This authority cannot be limited as regards to third parties. The first director’s duty is to comply with tax and social security issues. Below are the instances in which a Director must register as an “autónomo” (freelancer) and he has to be registered in the social security. The annually social security flat fee for directors is about 4,800, - Euro.

For foreign clients, De Micco & Friends offers also directorship for a flat fee about 3,000 Euro, this fee includes the social security costs and the administration of the company.

Q: How long takes the setup of a Spanish company?
A new company formation for foreign shareholders takes between 4 and 6 weeks by using power of attorneys. If the shareholders and directors can travel to Spain for the notarization, a company setup is possible in one week. If you need a Spanish company urgent, you can use a pre-founded company which is ready to use within 24 hours for invoicing and funds transfers.
Q: I need urgent a Spanish company! What is the fastest way?
If you need urgent a Spanish company, you can use a ready-to-use company (shelf). We offer pre-founded companies which include a real company address, director, fully paid capital, tax number and an operative bank account. Here you can learn more about pre-founded companies for sale.
Q: How are the fees and costs to incorporate a Spanish company?

If the founder/shareholders and directors can travel to Spain for the notarization, the legal fix fee for a company formation is 1,500,- Euro. The costs (notary, register fees, certificates) are about 450, - Euro.

If the company formation has to be organized my power of attorneys, the fix fee including all costs is 3,900, - Euro

A pre-founded, ready-for-use company shelf is available for 4,900 Euro, including the costs for changing of shareholders and directors.

Here you can find our brochure with all facts, requirements, fees and costs.

Q: I am non-EU-resident. Can I apply for visa or residency in Spain?
Yes. Spain offers several unique programs for foreign EU and non-EU entrepreneurs to apply for visas and also a residency in Spain. We offer a complete package for entrepreneurs which includes the company setup and the application for the entrepreneurship visa or residency. You and your family will be able to travel live in all Schengen countries. Here you can find the procedures and requirements.
Q: How long takes an entrepreneurship visa application for Spain?

Before applying for a entrepreneurship visa, your Spanish company must be setteld up and operative. As soon as the company is inscripted you can apply for the program. The application time is between 3 and 6 months.

Here you can find the procedures and requirements.

Q: How is the minimum investment for an entrepreneurship application in Spain?

Actually, there is no specific amount defined. We did successful applications for our non-EU-resident clients which demonstrated an investment between 50,000, - only and several 100 thousand Euros. Important is to demonstrate by a business plan, that you are qualified for the business (by your profession or your experiences) and that you really plan to setup a real business in Spain. We will assist you in all steps and procedures in your application, including assistance in your business plan (in Spanish language).

Here you can find the procedures and requirements.

Please contact us for any further information.

Phone: +34 871 955 077 | eMail: office@demicco.ch