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/Incorporate a company
Basic information on the procedure.
/ Object
/ Basic information
The steps to follow to establish a company are as follows:
- Choose the legal form that best suits your interests. The most common forms are the Sociedad de Responsabilidad Limitada (S.L.) -Limited Liability Company and the Sociedad Anónima -Public Limited Company or Corporation (S.A.).
- Request a certificate of availability of company name for registration. This certificate, issued by the Mercantile Registry, accredits that the chosen company name is not registered.
- Open a bank account in the name of the company and deposit the share capital. Request a certificate of the deposit made from the bank.
- Draft the company’s articles of association. These will contain the rules that govern the functioning and organization of the company.
- Formalize the company’s articles of incorporation before a notary public. Execute the public deed before a notary public, presenting all the required documentation. A declaration of real ownership must also be executed.
- Request a provisional Tax Identification Number (NIF) for the company from the State Tax Administration Agency (AEAT).
- Settle the tax on capital transfers and documented legal acts. This tax is generally paid on a self-assessment basis, but incorporating a company is exempt from this tax.
- Inscribe the company in the Mercantile Registry of Madrid. Register the company with the Mercantile Registry by submitting the company’s articles of incorporation.
- Obtain a definitive Tax Identification Number (NIF) for the company, for which you must apply to the State Tax Administration Agency (AEAT). In your application, you must provide the registered deed of the company.
- Complete other tax and labor procedures. Register for the Value Added Tax (VAT) and the Economic Activity Tax (IAE). Complete and submit form 036 to register in the Census of Businesses, Professionals, and Withholders (to do so, click here).
/ Links to the municipal areas and institutions in charge of the procedure
/ Approximate costs
The costs of setting up a company will vary depending on the type of company.
In addition, the following expenses should be taken into account:
- Notary and Registry.
- Payment of taxes.
- Where appropiate, professionals hired for advice and carrying out formalities
/ Resolution period
- It takes an average of 2 to 8 weeks to form a company.
- It is possible to form a limited liability company in 24 hours.
/ Professional knowledge required
Certain procedures for the incorporation of a company must be carried out before a notary public and the Madrid Mercantile Registry.
It is advisable to seek legal advice to carry out all the procedures for the incorporation of the company.
/ Where and how to submit documentation
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/ Modalities
- The most common types of companies are limited liability companies (SLs) and public limited companies (SAS).
- In both cases, the partners are only liable for the amount of capital they contributed.
/ Type of procedure
Incorporating a company | | | Limited Liability Company |
/ Related procedures
/ Version and date of the last update
Version | 1.0 | Date | September 2023 |
Necessary documents to initiate the application process.
/ Basic documentation
- The “Basic information” section describes the different procedures to be carried out and, where applicable, the corresponding documentation that must be submitted.
Key regulatory provisions.
/ Base legal
Full text | | Royal Legislative Decree 1/2010, of July 2, approving the consolidated version of the Capital Companies Law |
Consult other procedures
Information services
- / Doing Business in Spain
- / Support centres in Madrid for the incorporation of companies
- / Others ways of doing business and investing in Spain
Information and services
- / Municipal Licensing System (SLIM)
- / The Licenses and Urban Planning Files Consultation System (CONEX)
- / Virtual Licensing Assistant
- / Information request
- / Collaborating Urban Development Entities (ECU)
- / Common urban planning consultation
- / Special urban planning consultation
- / Advanced Personalized Urban Planning Consulting System (AUPA)
- / Feasibility report
- / Responsible declaration for first occupancy and operation
- / First occupancy and operation urban license
- / Statement of compliance
- / Basic licence
- / Urban planning licence
Procedures and formalities