Do you have a foreign company and want to set up in Spain? Are you a foreigner and are you thinking of starting in Spain? If so, at Lawyers & Accountants we have a large team of experts in consulting foreign people who want to establish their company in Spain, who will offer you all the information you need to know and will solve all your doubts. We can and we want to help you.

Can you start in Spain while abroad?

Yes, you can open a company in Spain while abroad. This is laid down in the conventions in force between the Member States of the European Union and the territories included in the European Economic Area, which state that any European citizen has the right to starting their own company.

In addition, a foreign company already incorporated can also be established in Spain, with a registered office in the EU, having to meet a number of requirements for this.

 

Requirements to open a company in Spain while abroad

As we have said, to start in Spain as a foreigner must comply with the following requirements:

• Be of legal age.
• No criminal record in the last five years.
• Have health insurance in Spain.
• Reside in Spain legally.
• Do not appear as objectionable in Spanish territory, or in any other country with which it has an agreement.
• That the business idea is able to create jobs.
• That the company has an economic interest in Spain.
• Provide the necessary resources for maintenance and accommodation.
• If the profession is certified, it must be homologated in Spain.
• Create a business plan.
• Have the necessary investment to start trading.
• Have the required information and the experience necessary for the project.
• Comply with the current regulations of the opening requirements necessary for the type of business.

How to start a business in Spain while abroad?

Once the aforementioned requirements have been met, these are the steps to create a company in Spain while abroad:

• Obtain the NIE (Foreign Identity Number), by which you apply for the residence and self-employment permit.
• Open a bank account in Spain.
• Have a report of interest of the entrepreneurial activity and a business plan, which must be accredited by a competent professional body, which will study whether it is feasible or not.
• Complete the official application form EX07 and submit it signed.
• Register with the Treasury.
• Register the company in the Commercial Register.
• If a local with an area of at least 300 m2 is needed, it will be required to pay the corresponding tax and declaration of liability.
• Certify the licenses required for the development of the activity, indicating the necessary formalities and certifications.
• Submit a copy of the valid passport with a minimum of four months of validity.
• Pay the residence and work fees, which will be due at the time of admission to the processing of the application, and will have to be paid within 10 working days. The current price is 185.88 euros and 10.50 euros respectively.

How to bring a foreign company to Spain?

There are different ways to bring a foreign company to Spain:

Open a representation office

One option is for a foreign company to open a representation office in Spain, which does not have its own legal personality. Such offices may not carry out economic activities, but must confine themselves to carrying out market surveys. They are usually the previous step before installing the company in Spain definitively.

Open a branch

Another alternative is to open a branch, the most common way to bring a foreign company to Spain, since the branches do have autonomy and can exercise economic activity, although they still do not have their own legal personality. They are secondary establishments that carry out the same activities as the company.

Open a subsidiary company

The other option is to open a subsidiary company, which, unlike the branch, does have its own legal personality. They consist of companies incorporated with foreign capital, but for practical purposes they are Spanish companies. The process is very similar to creating a new company.

If you are a foreigner and you want to start a company in Spain, or you want to bring a foreign company to Spain, you have to carry out a series of procedures of certain complexity, so it is best to put yourself in the hands of an expert advisor in international taxation.

If this is your case, at Lawyers & Accountants we are experts in advising foreigners who want to establish their company in Spain, and we have a large team of professional and experienced advisors who will advise and help you to carry out all the procedures. Just contact us.