Legal Services in Spain
Legal Opinion
The Spanish notary is the person responsible by law for the incorporation of commercial companies. Companies can be incorporated by foreign individuals or by other foreign companies.
The Spanish notary can also help in drafting the articles of association so that they are adapted to the specific situation of the business. The notary is not only necessarily involved in the incorporation of the company but also in the increase or reduction of its capital and other modifications of its articles of association, the merger or demerger, the transformation, the dissolution and the liquidation. He can also intervene in the appointment of new directors or auditors.
Regarding the shares and company participations, the notary intervenes in the purchase and sale and in other transactions regarding them.
It is important that the notary speaks the language of the clients.
• In this way the notary can communicate with the clients to know exactly what they want and with notaries and advisors from other countries if necessary, especially when the Spanish company is incorporated by a foreign company or is going to belong to a holding company or group of companies in another country.
• The notary can therefore accept documents in a foreign language if necessary, which saves time and money, in particular, powers of attorney or deeds or certificates from the Commercial Register of foreign companies that constitute the Spanish company.
The notary is also an expert in tax matters.
• The notary can therefore advise the company and the partners on the taxes related to the incorporation of companies and the acts of the company or of the partners on their shares or corporate interests.
People who want to establish a company in Spain are advised to contact a local tax advisor to coordinate the incorporation deed and the bylaws.
The new company also has obligations with the Spanish Treasury such as the registration of activities, the establishment of activities and the digital correspondence mailbox, for which it is advisable to have a tax advisor in Spain.
Legal Services in Spain
It is important that the notary knows the language of the parties.
Experience in international law
It is important that the notary knows the language of the parties. Furthermore, in this way, you have a better understanding of how the application of foreign law can affect inheritance taxes and other taxes payable in Spain.