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Silva Menéndez Legal

Setting up foreign companies in Spain

We advise companies based abroad that want to establish a business presence in Spain, assessing the most suitable legal structure according to their goals, activity and planned level of presence in the Spanish market.

From planning to being up and running

Our advice can cover everything from the initial planning stage to the incorporation or actual establishment of the chosen structure and getting it up and running.

When the shareholders, directors or representatives are abroad, we also coordinate the foreign documentation, powers of attorney and any other requirements needed to complete the procedure in Spain.

One legal point of contact in Spain, during your setup and afterwards.

What structure does your company need in Spain?

Before setting up in Spain, we work with the company to assess which structure best fits its project.

The choice will depend on factors such as the activity to be carried out in Spain, how autonomous the Spanish structure will be, whether or not there will be direct commercial activity, the planned investment, hiring staff and the relationship to be maintained with the parent company.

When the operation requires tax, employment, accounting or other specialist advice, the service can be coordinated with the relevant professionals to give the company an organized setup process.

Corporate services

Incorporating companies in Spain

Full advice for foreign business owners, investors and companies that want to incorporate a new company in Spain.

We support you through the different stages of incorporation, including choosing the type of company, the company name, preparing corporate documentation, coordinating with the bank and the notary, incorporating and registering the company, and obtaining the documentation needed to start operating.

When the shareholders, directors or representatives are abroad, we also coordinate the foreign documentation, powers of attorney and other requirements needed to complete the procedure in Spain.

Setting up a subsidiary of a foreign company

Advice for foreign companies that want to establish in Spain a legally independent company wholly or partly owned by the foreign parent company.

We review the proposed corporate structure and coordinate the incorporation of the Spanish company, including the foreign parent’s documentation, representation, powers of attorney, tax identification, the notary and registration with the Companies Register.

A subsidiary allows the foreign company to operate in Spain through a company incorporated under Spanish law.

Permanent establishment / Branch

Advice for foreign companies that want to carry out their business activity in Spain on a stable basis through a permanent presence directly linked to the foreign company.

We review the planned structure, the activity to be carried out in Spain, the representation of the foreign entity and the corporate documentation needed to establish and register the corresponding business presence.

We advise on the preparation and legalization of the foreign documentation, representation in Spain and the notarial, registration and tax formalities needed to set it up.

Representative office

Advice for foreign companies that want to establish a presence in Spain without initially incorporating an independent company or carrying out ordinary commercial activity directly from that office.

This structure may suit companies that want a physical presence in Spain for representation, market research, coordination, promotion, building business relationships or other preparatory or auxiliary activities.

We first review the activities the company intends to carry out from Spain to determine whether a representative office is a suitable structure, and to avoid the activity actually carried out going beyond the functions intended for this type of presence.

We assist with the foreign company’s documentation, powers of attorney, tax identification, appointment of a representative and any other steps needed to establish its presence in Spain.

Corporate documentation and representation

Assistance with the corporate documentation foreign companies need to carry out corporate actions in Spain.

The service can include coordinating powers of attorney and foreign corporate documentation, advice on legalization or apostille and sworn translation, tax identification of entities and representatives, appearances before a notary and coordination with registries and other institutions.

Ongoing corporate support

Once the company is established in Spain, we provide legal support for the corporate needs that may arise as it carries out its activity.

The aim is for foreign companies to have a legal point of contact in Spain both during their initial setup and afterwards.

And the people who will make the project work

When setting up involves relocating a director or key staff, we coordinate the corporate structure and the immigration route as parts of a single service for entering and establishing in Spain.

See corporate immigration services

Does your company want to set up in Spain?

Tell us about your project and we will work out with you which structure best fits your activity and your goals in Spain.

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