Foreign investors who are interested in accessing the business market in Spain
can opt to purchase shares in a Spanish company
, following the rules and regulations imposed by the local legislation. Foreign businessmen can purchase shares
, but it is important to receive the assistance of a local lawyer
, familiar with the applicable regulations. When buying shares
, it is advisable to verify the legal and financial statute of the company
. Our team of Spanish lawyers
can offer assistance for the procedure referring to the purchase of shares in Spanish companies
The transfer tax in Spain
The acquisitions of shares of a Spanish company implies that there is a transfer between two parties – the seller and the buyer. In such cases, the Spanish legislation prescribes a transfer tax, applicable when the ownership structure of an entity changes.
As a general rule, the Spanish legislation
states that the tax
is not applicable in the case of the share transfer
, only in certain conditions. Under the Article 108.2 on the Spanish legislation
referring to the market exchange
, the investors (future shareholders
) who will purchase more than 50% of the assets of a Spanish property
will be imposed with a 7% transfer tax
. In such situation, the investor will be considered the main shareholder
, with full control over the company; our team of Spanish attorneys
can offer more details on the process of purchasing shares
Selling shares to another shareholder in a Spanish company
who want to sell their shares in a Spanish company
can also address this issue to another shareholder
, who is entitled by the applicable legislation to this purchase.
Under the regulations of the Law 1/2010 (Article 107), Spanish shareholders can sell their shares to another business partner, associated in the company, without having to pay a transfer tax.
In such situations, the shareholder is not required to request the approval of other shareholders.
Businessmen interested in receiving more details on how to purchase shares in a Spanish company
can address to our Spanish law firm
for legal assistance or legal representation.