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Legal Services in Spain

Legal Services

Updated on Monday 27th April 2020

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Our law firm in Spain provides various legal services for foreign and local clients who are performing businesses in this country; however, our Spanish attorneys can also represent clients in civil matters. Some of the main types of legal services that can be offered by our team of Spanish lawyers are presented below.  


Setting up companies in Spain


If you need to open a company in Spain, you don’t have to travel to this country in order to incorporate it. Our attorneys in Spain can act on your behalf and register the company with the local Trade Register, after you send them the required documents.

We invite you to watch the presentation below, which depicts the main legal services provided by our lawyers in Spain

 

 

In case you don’t know exactly what type of company is the most convenient, our lawyers in Spain can help you take a decision, after they will present you the main advantages and disadvantages of every available business form in this country. No matter if you decide to open a limited liability company or a joint stock company, our law firm in Spain will help you with all the legal procedures for the incorporation. We offer you additional services, such as virtual office for your new company, accounting services etc.

The most common way to start a business in Spain is by registering a limited liability company. This business form is generally selected by small and medium-sized companies and the main reason for its  popularity relies in the fact that the shareholders benefit from limited liability against any corporate debts. Investors who want to start a company in Spain can select one of the following company types: 
 
  • sole proprietorship (also known as sole trader) – it represents the simplest way to start a business here and it is addressed only to natural persons who want to begin a business activity by themselves;
  • stock corporation – a business form that is addressed to large companies and which can be set up with a minimum share capital of EUR 60,101;
  • limited liability company – besides the above mentioned characteristics, this business form benefits from a small capital requirement: EUR 3,000;
  • joint venture – a type of entity that is created when two different businesses associate with the purpose of accomplishing a specific task; 
  • branch office/subsidiary – a way through which foreign companies can set up their operations on the local market;
  • partnership – it can be set up by at least two partners and it can be formed as a general or limited partnership. 


Opening a subsidiary/branch of your company in Spain


You may need to open a subsidiary or a branch of your company located in a foreign country – our lawyers in Spain will explain to you the differences between the two structures and the legal procedures for incorporation. They will incorporate the new structure on your behalf as soon as possible.

The branch office is considered from a legal point of view a subdivision of the parent company. It does not represent a different legal entity, but the Spanish branch can have an independent management structure in this country. When registering the branch office, it is not required to deposit a minimum share capital as the structure is not a legal entity; on the other hand, when setting up a subsidiary, it will be necessary to deposit the minimum share capital in accordance with the legal entity selected by the investors.  


Obtaining special permits and licenses in Spain


For performing certain types of economic activities in Spain, you will need special permits or licenses. You don’t have to travel to Spain in order to obtain them and spend a lot of time in front of the offices of the Spanish authorities. Our lawyers in Spain may obtain these documents and they will represent you in front of local authorities through a power of attorney.

The necessary business permits and licenses that have to be obtained by a newly formed company in Spain depend on the business activities that will be developed here. However, Spanish businesses must obtain an opening license, a procedure that is completed through the Spanish Town Council of the city in which the company is registered. 
 
This type of license acknowledges the fact that the company is registered with the local authorities, and that the local authorities have been informed on the location of the company and its premises. Other types of licenses or permits that can be necessary for a business can be requested in the field of catering and accommodation, for transportation companies and other types of business activities. 
 

What the procedures for mergers and acquisitions in Spain?

 

You may need to sign a contract for a merger or an acquisition and, for legal assistance, you should contact our law firm in Spain. Our lawyers in Spain will explain to you the local rules related to the mergers/acquisitions and they will help you conclude a contract that respects your interests.

The manner in which merger and acquisition procedures are handled in Spain is provided by a set of legal acts. Our team of Spanish lawyers can offer an in-depth presentation on the following rules of law, which give the legal framework for this procedure: the European Takeover Directive 2004/25/CE, the Spanish Securities Market Act and the Spanish Royal Decree 1362/2007
 
Important regulations also derive from the Spanish Companies Act, the Spanish Act on Structural Changes in Commercial Companies and the Spanish Competition Act. It is also necessary to know that certain types of merger and acquisitions in Spain have to be approved by the Spanish Securities and Exchange Commission, which needs to provide its authorization on the given procedure. 
 

Liquidation of Spanish companies

 

When you want to liquidate your company, you may contact our lawyers in Spain who will explain to you the legal procedures and they will assist you during the whole process, no matter if it is a short term procedure or a long time one and you have to be represented in a local court of justice.

The main regulation on the liquidation of a business in Spain is the Spanish Insolvency Act; it applies to both commercial entities and natural persons and it prescribes the rights and obligations of creditors and debtors as well as the legal proceedings applicable in this situation. 

 

Corporate and commercial litigation in Spain

Our attorneys in Spain are able to represent you in front of any court of justice, during all the stages of a litigation. Investors can rest assured that our team of Spanish lawyers can represent them in front of the local courts in a wide range of commercial litigation cases; our attorneys in Spain can assist in all the procedures related to the recovery of a debt from a local or foreign entity.   

 

Tax advice and planning in Spain

 

Are you interested in minimizing your taxes? Our lawyers in Spain will present you the legal methods for doing this and they will offer you customized solutions in order for your business to save as much money as it is legally possible. 

When starting a business in Spain, investors should know that newly formed businesses can benefit from lower corporate taxes (for a determined period of time). Thus, although the standard corporate tax rate is 25%, local businesses can benefit from a lower tax - only 15%. This regulation is, however, available for commercial and independent businesses; thus, companies that are part of a national or international group of businesses can’t benefit from the tax reduction. 

 

Legal services for obtaining work and residence permits in Spain

 

Foreign citizens immigrating to Spain can appeal to our lawyers if they need assistance to obtain their work or residence permits. Our Spanish attorneys can also help those seeking to obtain the Spanish citizenshipOur law firm can provide an extensive presentation on the legislation in the field and the procedures that have to be completed by foreigners, depending on their nationality (citizens of the European Union benefit from simpler regulations, compared to citizens from outside the Community).  

 

Assistance in buying property in Spain

 

Foreign citizens moving to Spanish cities can request the services provided by our Spanish law firm whether they want to buy or a rent property here. From real estate due diligence procedures to drafting sale-purchase or tenancy agreements, you can rely on our Spanish lawyers. You can also ask us whatever you need to know about the Spanish Real Estate Law.

For details about the legal services offered by our lawyers in Spain, you may contact our law firmOur lawyers are prepared to provide a full presentation on any additional services available for local and foreign persons. Our Spanish lawyers can also represent local and foreign clients in legal matters related to the Family Law, such as handling the divorce procedure in Spain. They can also help you in other legal areas, such as Inheritance Law and can help you draw up a will in Spain