BME Scale es el mercado líder operado por BME que ofrece oportunidades de financiación a empresas en crecimiento. Este mercado está diseñado específicamente para empresas en una etapa temprana de desarrollo, con un modelo de negocio escalable y probado en cualquier sector.

El objetivo de BME Scale es proporcionar a estas empresas una regulación y un proceso de incorporación sencillos, con costes altamente competitivos. Con el cambio demográfico, las nuevas tecnologías y los modelos de negocio emergentes, cada vez más empresas emergen en el mercado. Las scale-ups en España han experimentado un crecimiento constante año tras año, y BME Scale ofrece un segmento de mercado especialmente adaptado a sus necesidades.

Cuando una empresa cotiza en BME Scale, obtiene una mayor visibilidad en los medios de comunicación y las redes sociales. Esto refuerza el prestigio y la marca de la empresa entre sus clientes, proveedores y financiadores, complementando así los esfuerzos de marketing y publicidad. Los accionistas, fundadores y otros inversionistas (business angels, crowdfunding, capitalistas de riesgo, etc.) pueden negociar sus acciones de manera sencilla e involucrar a inversores especializados a través de BME Scale. Diversificar y ampliar la base de accionistas ahora es más fácil que nunca.

Las empresas incorporadas a BME Scale formarán parte del Entorno Pre Mercado, un programa formativo y de networking donde aprenden a profesionalizarse y aceleran su transformación para lograr sus objetivos de crecimiento a través de los mercados de valores. El Reglamento General de BME MTF Equity establece dos segmentos de negociación para acciones y valores negociables emitidos por sociedades anónimas, excepto IIC, entidades de capital riesgo y otras entidades de inversión colectiva cerrada. Además del segmento BME Growth, se ha introducido un nuevo segmento llamado BME Scale. Se trata de un primer paso en la financiación a través de los mercados de valores, dirigido a PYME en etapas tempranas de desarrollo y a otras empresas maduras que deseen atraer a nuevos inversores.

Requisitos de incorporación al BME Scale

En cuanto a los requisitos de incorporación, las entidades emisoras deben cumplir ciertas características, como tener acciones o valores negociables emitidos por sociedades anónimas, tener su capital suscrito totalmente desembolsado y no tener restricciones legales o estatutarias que impidan la negociación y transmisibilidad de las acciones. Además, las empresas deben estar comercializando productos o servicios y generar ingresos significativos como resultado de esas actividades comerciales. El límite de capitalización para las empresas que soliciten la incorporación es de mil millones de euros.

Además, se requiere que los estatutos sociales de la empresa incluyan disposiciones relacionadas con la comunicación de participaciones significativas y la divulgación de pactos parasociales que restrinjan la transmisibilidad de las acciones o afecten el derecho de voto.

Las acciones que pueden incorporarse incluyen aquellas que han sido objeto de una oferta de venta o suscripción, así como aquellas que no han sido ofertadas públicamente. También es posible la incorporación de acciones de empresas que ya estén listadas en el segmento BME Growth, siempre que se cumplan ciertas condiciones, como un bajo porcentaje de titularidad accionarial y un número reducido de accionistas.

La entidad emisora debe designar un Asesor Registrado y, de manera voluntaria, puede suscribir un contrato de liquidez con un intermediario financiero. Además, se requiere una valoración realizada por un experto independiente para determinar el precio de referencia de las acciones.

Proceso de solicitud de incorporación al BME Scale

El proceso de solicitud de incorporación implica enviar una solicitud por escrito al Mercado junto con la documentación requerida que demuestre el cumplimiento de los requisitos de incorporación. Se debe proporcionar un folleto aprobado por la autoridad competente o, en su defecto, un Documento Inicial de Acceso al Mercado (DIAM). Una vez recibida la solicitud, el Comité de Coordinación de Mercado e Incorporaciones evaluará los valores negociables y presentará una propuesta al Consejo de Administración. Este último deberá pronunciarse sobre las incorporaciones solicitadas dentro de un plazo máximo de tres meses.

BME Scale brinda una oportunidad valiosa para las empresas en crecimiento, ofreciendo un entorno regulado y accesible para su financiación a través de los mercados de valores. Al proporcionar una plataforma especializada, BME Scale fomenta el desarrollo y la expansión de estas empresas, ayudándolas a alcanzar sus objetivos de crecimiento y a atraer inversores interesados en su éxito.

Si necesitas ampliar información sobre el BME Scale, contacta con nuestros abogados especialistas en regulatorio financiero.

In this article, we will explain the process and remind you that attolón can assist you in obtaining the authorization or registering your institution. We have the best lawyers in the industry and can tailor a team to guide you through the entire process.

Who Should Apply for Payment Institution Authorization?

Payment institutions providing professional services in Spain are required to apply for authorization from the Bank of Spain. These institutions are regulated by RD 19/2018, dated November 23, and offer services such as:

  1. Cash deposit into a payment account and its management.
  2. Cash withdrawal from a payment account.
  3. Execution of payment transactions through payment accounts, including fund transfers, direct debits, card payments, etc.
  4. Execution of payment transactions when funds are covered by a credit line, including the aforementioned operations.
  5. Issuance of payment instruments or acquisition of payment transactions.
  6. Money remittance.
  7. Payment initiation services.
  8. Account information services.

The Bank of Spain is responsible for authorizing the establishment of these payment institutions. To do so, they will gather a report from the Executive Service of the Anti-Money Laundering and Monetary Offenses Prevention Commission.

Exceptions and Specifics RD 19/2018 allows other providers, such as credit institutions, to offer payment services. It also allows certain entities to undergo only the registration procedure.

These include aggregators that solely provide account information services and entities whose average total value of payment transactions executed in the preceding 12 months does not exceed three million euros.

In these cases, it is not necessary to go through the authorization process. However, the registration procedure, including verification of requirements, is still required in the corresponding central registry.

There are also specific operations that can be subject to registration only. For example, the provision of services based on limited payment instruments, cash withdrawals from ATMs, or purchases of digital content.

Given the current regime of exemptions and specifics, it is highly recommended to consult with a specialized lawyer in payment services for each specific case. This ensures that the institution understands the applicable system and has the best legal coverage.

Authorization for Opening Branches and Provision of Services by Community Institutions

It is important to note that the authorization regime for opening branches and free provision of services, when it concerns payment institutions recognized in other EU member states, is relatively lenient. In such cases, a communication from the supervisory authority of the home member state is required.

The opening of branches only requires registration in the Commercial Registry and the Special Registry of the Bank of Spain. However, to initiate the free provision of services, the Bank of Spain must receive the aforementioned communication.

How to Submit the Authorization Application

As mentioned earlier, the first step in applying for authorization as a payment institution with the Bank of Spain is to analyze the applicable regime for the institution. In general terms, we can differentiate between general payment institutions and those with low business volume. However, it is advisable to consult with a specialized lawyer beforehand.

Registration of Payment Institutions with Low Business Volume

This category includes individuals and legal entities that wish to provide payment services other than payment initiation and account information services. Additionally, their transaction volume must not exceed three million euros per month, and they must not operate abroad.

Given these limitations, payment institutions can opt for a simplified registration procedure. They need to complete the forms provided by the Bank of Spain and submit the corresponding documentation.

Do you need to find a startup lawyer? Barcelona, one of Spain's most promising cities for entrepreneurship, boasts an increasing number of law firms specializing in the startup sector. However, finding the right professional for your project can be a challenge. The success of your startup often relies on the skills and expertise of the lawyer or firm you choose. Furthermore, startups experience varying cash flow throughout their stages, making it crucial to have lawyers who can provide flexible and scalable services tailored to each phase of your project.

The Rise of Startup Lawyers in Barcelona

Barcelona has long been a hub of innovation in Spain, and it continues to pioneer entrepreneurship today. The city is witnessing a surge in specialized offices dedicated to startups.

Many legal professionals in Barcelona have recognized this potential and chosen to specialize in the startup sector. These lawyers, offices, law firms, and boutiques are dedicated to assisting entrepreneurs in raising funds, legally protecting their projects, and navigating startup mergers and acquisitions.

Raising Funds for Startups in Barcelona

Barcelona has captured the attention of both national and international business angels, leading to numerous financing deals being closed daily. Startups in the city often secure funds through venture capital, initial coin offerings (ICOs), and collective projects such as crowdfunding or crowdlending. However, to capitalize on these funding opportunities, it is crucial to have a thorough understanding of Spain's investment cycles, regulatory frameworks, and strategies to prevent social control dilution.

To navigate the complexities of capitalization, startups in Barcelona require the guidance of lawyers who possess expertise not only in law but also in financing rounds.

The Legal Protection of Startups

Unlike traditional companies, startups employ various incentives to motivate key employees, reward their loyalty, and retain control in the face of new investors. Thus, providing appropriate legal structures at each stage of a startup's growth is only part of the equation. It is equally essential to protect partner relationships, intangible assets, and internal power dynamics within the company.

Designing the legal framework for a startup necessitates specialized knowledge in commercial law as well as an understanding of startup operations. A reputable law firm should offer flexible and scalable solutions tailored to the unique needs of startups.

Mergers and Acquisitions

During the exit phase, most startup founders seek to maximize their investment and generate profits. This may involve introducing the company to listed markets or selling the project to other companies for substantial returns. However, mergers and acquisitions transactions are intricate processes. They require conducting due diligence, which, in turn, demands comprehensive knowledge of the sector, competitors, and market opportunities.

When hiring a startup lawyer in Barcelona, it is crucial to assess their experience not only in financing and corporate structuring but also in sales and market entry, including the BME Growth and direct stock market involvement.

If you need assistance in finding a reputable startup law firm in Barcelona, simply fill out our form.

The Data Protection Officer (DPO) is one of the key figures in the General Data Protection Regulation (GDPR) in Spain.

It is important for companies to understand the role of the DPO and, above all, in which cases they are obligated to designate one. It is also beneficial for foreign companies to know the advantages of appointing a DPO in Spain.

Who is the Data Protection Officer (DPO)?

The DPO, or Data Protection Officer, is a professional who assists the data controller, data processor, and supervisory authority. They are a legal advisor specialized in data protection who ensures the proper application of the GDPR.

It is mandatory to appoint a Data Protection Officer when:

What are the tasks of the Data Protection Officer?

The DPO provides assistance to the company in conducting impact assessments. These assessments aim to identify risks early on and implement preventive measures. They should be carried out whenever data processing activities pose risks to the rights and freedoms of individuals.

These professionals must be involved in all matters relating to the protection of personal data. They should have access to the necessary information and tools to perform their duties.

The DPO's functions must be exercised independently, so the data controller and data processor must ensure that the DPO does not receive instructions regarding the performance of their tasks. Naturally, this level of autonomy subjects the DPO to a strict regime of confidentiality.

Basic functions of the DPO According to the GDPR, the basic functions of the DPO include:

What requirements must a DPO fulfill?

The General Data Protection Regulation emphasizes that the DPO must be capable of carrying out their functions independently. This does not prohibit them from being an employee of the company itself, but it emphasizes the necessary autonomy that should characterize this role in order to provide services correctly.

The contact details of the Data Protection Officer must be made public. It is important to provide these details when obtaining data directly from the data subject or from third parties. They should also be recorded in the records of processing activities and in communications of security breaches.

The appointment of the DPO is based on their professional qualities and specialized knowledge of data protection law and practices.

The appointment of the DPO When appointing a Data Protection Officer, corporate groups can choose a single professional as long as they are easily accessible from each establishment. Therefore, it is important for foreign companies to have DPOs in Spain who can work for all the company's branches, subsidiaries, or offices in the country.

Why should I appoint a DPO in Spain if my company is foreign?

As mentioned earlier, the GDPR rewards the accessibility of the Data Protection Officer. This allows them to provide their services to different entities under the same parent company.

In addition, most of the DPO's tasks require cooperation with the supervisory authority (in our case, the AEPD). Therefore, it is beneficial for these professionals to be familiar with the organizational structure, procedures, and administrative practices of the authority.

It is also advantageous for the DPO to be fluent in Spanish, as they will not only have to interact with the AEPD but also with all stakeholders of the company.

Lastly, training and awareness tasks require knowledge of the local culture. Specifically, Spanish companies tend to overlook data protection (although this trend is decreasing). This means that the DPO must effectively convey the importance of respecting what is ultimately a fundamental right for European Union citizens.

How do I choose my Data Protection Officer?

Since a professional criterion must be followed when appointing a DPO, it is common to select a lawyer specialized in data protection. Their deep understanding of the regulatory framework at the community level will provide the company with the necessary legal certainty in this matter.

However, it should be noted that there are different ways to incorporate legal professionals or teams into the company. Traditionally, the creation of in-house teams has been chosen, which has proven to be extremely rigid at times.

At Attolon, as an ALSP (Alternative Legal Service Provider), we are proposing a new way of working in the legal sector. We are a legal outsourcing company (legal staffing) that has specialized lawyers in various areas of law and can create ad hoc teams that perfectly meet our clients' needs.

If you need a Data Protection Officer or DPO in Spain, we recommend that you contact us. We will explain how legal staffing can help you achieve a more specialized and technical service with a reduced, streamlined, and transparent cost policy.

Before you can open a branch of your company or a subsidiary in Spain, you need to decide what legal form your business will take. There are several options available to foreign businesses, each with its own advantages and disadvantages.

In this article, we will outline some of the key legal considerations you need to be aware of before opening a branch of your company in this country. However, we strongly advise you seek professional counselling before doing it.

Are branch and subsidiary the same thing?

First of all, we have to make this clear: no, a branch and a subsidiary company are not the same. It is true that both of them are ways of setting up your business in Spain, but they are very distinct. Both, legally and logistically speaking. So, we will see the differences and try to find the perfect option for your case.

Setting up a branch in Spain

The branch office is a dependent establishment of you existing company, know as “parent company”. So, it will be a permanent installation with limited autonomy in the Spanish territory dependent from the main company. This means that the branch is not a legal entity itself and cannot take its own decisions. The parent company is always going to be responsible for everything and the branch do not have company responsibilities in Spain. So, this option does not have limited liability protection, but it is the easiest and cheapest way of establishing your business in this country.

How to open a branch in Spain

The process starts in your company’s board of directors. You need to take the decision there and writing an authorization to open a branch in Spain. You will also need to name a representative, giving that person the authority through a power of attorney to make the constitution procedure.

The branch owner will need an identification number. After getting one, opening a bank account in Spain is needed. Once that is done, the next step is signing the public deed before the notary. All the documents required must be deposited at the Mercantile Registry. And, once you are given the Tax Identification Number (NIF), you have to register the company in the business census and notify the city hall.

Opening a subsidiary company in Spain

This is the other main option you have to set up your business in Spain: establishing a subsidiary. This is a separate legal entity from your company abroad. This means it has all the company responsibilities required in Spain. But, this also means it has limited liability protection, so your personal assets will not be at risk. Nor the main company assets.

So, the subsidiary is owned by your foreign company, but it is a separate legal entity with limited liability. 

How to open a subsidiary in Spain?

Opening a subsidiary in Spain is not complicated, specially if you have the ideal lawyers by your side.

You will need to obtain a certification of your proposed company’s name from the Mercantile Register (it will prove the name is not already taken in the country). You also need to apply for an identification number and open a bank account in Spain. You will have to deposit a minimum of 3.000 euros as the initial capital for the subsidiary.

You will have to sign a declaration you are not laundering money or financing terrorism, execute a public deed of the constitution of the subsidiary before the notary and register the company in the Commercial Registry.

Before all of this, you will also have to write the company bylaws in accordance with the Spanish Law. And there are other forms you may need to fill in order to make your subsidiary a reality, depending on the case.

Which one is better: branch or subsidiary?

The answer for this question is: it depends on the specific case. As we said before, both options have advantages and disadvantages. You should take all of them into account and make a decision helped by your lawyer.

If the business is going to be really dependent on the parent company, it may be better to create a branch. Easier to control everything from the main company and cheaper to have, without any initial capital needed. 

However, if you need a more autonomous office with liability responsibility, a subsidiary is the way to go. And it may have other additional benefits from operating as a company with legal status in the country.

How can we help you?

We have the lawyers that have the answer of the question above. Which is the best option for your company? A branch or a subsidiary? We will study your case and give you the best advise for you to have a good experience expanding your company to Spain. We will make the process really easy, taking every step you need to settle you company in our country. Do not hesitate to contact us to make your Spanish branch or subsidiary a reality!

The implementation of whistle-blowing channels or report channels is a crucial step towards transparency and accountability in organizations. The channels allow employees to report any circumstance without fear. The creation of the channels also provide a process for investigation and addressing the issue.

The whistle-blowing channel can help to detect the wrongdoing before it escalates to a larger problem. It also creates a space where employees feel they can be heard. Everything benefits the organization and the people working in it.

In February 2023, in Spain, it has been published a new act regulating the protection of people who report on regulatory violations and fighting corruption. This new law gives a wider context and new obligations for the companies.

Who is obligated to have a whistle-blowing channel?

Every single entity in the Public Sector has to have an internal information system.

In the case of the private sector, every company with more than 49 workers will need one too. If the company works in matters of financial services, products and markets, prevention of money laundering or terrorist financing, transport safety and environmental protection will need a whistle-blowing channel as its specifics laws say, no matter how many employees it has.

Can organizations share a whistle-blowing channel?

The private legal entities with between 50 and 249 employees will be allowed to share their intern information system and the resources thought for managing and communications if they are willing to. They can do it by themselves or they can ask an external actor to do so, respecting in any case the guarantees provided for in this law.

When is mandatory to have the whistle-blowing channel?

The companies will have a deadline of three months to adapt their systems to the new regulation and proceed to its implementation. So, they have to be implemented by June 13th , 2023. The companies with less than 50 workers have a special deadline. They will have to have the channel implemented by December, 1st.

Which are the requirements for the Internal Information Systems?

There are several requirements asked by law for the Internal Information Systems. Here there are some:

Adding to all this, we have to remember the Internal Information System has to be designed, established and managed in a secure way, guaranteeing confidentiality. Likewise, it has to be independent.

What happens if not?

The law specifies several infractions and sanctions which can reach up to one million euros in cases of non-compliance with the provisions said above. It also authorizes the creation of the Independent Informant Protection Authority. This is an independent administrative authority that will process sanctioning procedures.

Not meeting the obligation of having an Internal Information System is a “very severe” infraction by the law. So it could mean the highest sanction.

How can we help you?

We are a technological platform for legal services with top-level lawyers. We are aware of all requirements of the new law and we are ready to help you keep up with the deadline, taking care of everything your company need to get done before June. We will develop the protocol in accordance with the new regulations and we can also do a training for the system manager and other employees. If you prefer, we can keep the Information System as external managers for you.

The law requires the managing of the system has the adequate guarantees of independence, confidentiality, data protection and secrecy of communications, and we can guarantee you will have that.

The implementation of whistle-blowing channels is not just a legal requirement, but also an ethical responsibility of companies and organizations. You will realised that this new tool will help you have a better company health, between employees and also related with the functioning of the business itself. So, you have the opportunity to use a mandatory legal requirement to improve the productive and effectiveness of your business. Do not hesitate to contact us so we can help you make that a reality.

 

Over the past few years, Spain has emerged as a thriving market for startups and venture capital investment, making entrepreneurship a fertile ground for innovation and creativity.  Last year, the Spanish government published a special tax regime for startups. The law was passed in order to make easier for startups and remote workers to base themselves here in Spain.

However, this progress has not come without its challenges. In this article, we will provide some advice to startups and venture capital investors in Spain, paying special attention to the tax system. We may say this is general advice, we will always recommend to seek personal advice for your specific project. We will be happy to assist you.

General advice for entrepreneurs and startups

Know your market

Starting a project in a new country can be very challenging. But it will be definitely worst if you do not know where you are walking in. So, knowing as much as you can of how things work where you are planning to do business is a really important must. With this research, you can also find interesting gaps in the market you will be able to fill.

Find passionate people, not just workers

When you are starting something and you have to be creative and work really hard in order to make this happen, you need by your side people who believe in what you are doing. People who are passionate about the project, about what they do, about the role they are playing in the business. This way, they success of the company are going to be their success too and they will be happier working (and more productive too). It will also help you retaining the talent you have trained.

Create a network

It is always important, but even more when you are starting your business abroad. Create a network as soon as you can. Talking to the right people can help your company jump to the next level easier than doing everything by yourself.

And we will also recommend you take risks. Let’s be honest: you are already taking risks by starting a business. So you already know what it takes to be successful in this scenario. If you would like to grow your company here, you will need to be ready to take risks.

Venture Capital Firms in Spain

Venture capital firms are catalysts for startup success. The tips we offer for your adventure are basically around “look beyond”. Look beyond the two main cities. Madrid and Barcelona have great opportunities, but there are other places that are worth exploring. And we would advise to look beyond traditional sectors as well. We are specialised in all-technology related ones, that are non-traditional sectors in this country.

What does the new law change?

It does change the tax regime, making it easier for startups and remote workers. It reduced tax rate of 15% for startups that are taxpayers of Corporate Tax and Income Tax of non-residents who obtain income through permanent establishment in Spain. This reduced tax rate will be applicable during the first tax period that the tax base is positive. If the company maintains the status of “emerging company” it can be applicable for the next three years too.

What are your tax obligations in Spain?

The Spanish tax regime is complex. There are several taxes you will be need to pay and each has its own specific rules (and exemptions too). The Spanish government also provides tax incentives to encourage investment and also to promote hiring young and disabled people. We, as your advisor, will help you navigate the system and minimize your tax liabilities.

One of the most significant challenges that startups in Spain face is obtaining funding, particularly venture capital investment. Under the Spanish tax system, dividends paid to shareholders are subject to withholding tax, which can discourage investors. To overcome this issue, startups can consider alternative methods of investment.

However, as we highlighted at the beginning, Spain is revising its tax system to align it with the international investments. This involves changes to tax laws related to digital services. Therefore, startups and venture capital investors keep up with all relevant laws that will help them minimize their tax liabilities.

In conclusion, with the right advice and support, it is possible to navigate the system successfully and benefit from the many tax incentives available. We will make sure every benefit available in Spain for your company will be applied.

We offer a new way of giving legal counselling, with the latest technology. And we do so in a flexible manner and without any unnecessary costs. With the professional legal guidance, startups and venture capital investors will reap the rewards of a thriving market.

La Directiva 2020/284 impone nuevas obligaciones fiscales a los proveedores de servicios de pago en relación con las operaciones transfronterizas.

La Ley 11/2023,1 promulgada el 9-5-2023, introduce una obligación de información fiscal para estos proveedores, modificando la ley del IVA con la incorporación de tres nuevos artículos (166 ter, quarter y quinquies).

En esta sección, se presentan las definiciones clave necesarias para comprender claramente esta obligación de información. Entre las definiciones incluidas se encuentran:

Obligaciones del proveedor del servicio de pago Las obligaciones que deben cumplir los proveedores de servicios de pago se resumen de la siguiente manera:

  1. Aplica a los proveedores de servicios de pago con origen o acogida en España.
  2. Estos proveedores deben mantener un registro trimestral anual de los beneficiarios y los pagos realizados por los servicios de pago que ofrecen.
  3. El registro solo debe incluir pagos transfronterizos, es decir, cuando el ordenante y el beneficiario se encuentren en diferentes Estados miembros o en países o territorios fuera de la Unión Europea.
  4. La obligación de registrar estas operaciones surge cuando un beneficiario recibe 25 o más pagos transfronterizos durante un trimestre.
  5. Esta obligación no se aplica a los servicios de pago proporcionados por los proveedores del ordenante si al menos uno de los proveedores del beneficiario se encuentra en un Estado miembro, siempre que se muestre el BIC de dicho proveedor u otro código identificador que indique claramente su ubicación. Sin embargo, los proveedores del ordenante deben tener en cuenta estos pagos al calcular el umbral mínimo mencionado anteriormente.
  6. Los proveedores de servicios de pago deben conservar los registros electrónicos de las operaciones durante 3 años a partir del final del año natural en el que se realizó el pago.

Ubicación del ordenante y del beneficiario La ubicación del ordenante y el beneficiario se acreditan de las siguientes formas:

  1. Mediante el código IBAN de las cuentas de pago de ambos.
  2. A través de cualquier otro medio identificativo que permita determinar inequívocamente las cuentas y proporcionar la ubicación del ordenante o del beneficiario.
  3. En ausencia de dichos medios identificativos, se utiliza el código BIC u otro código identificador de la entidad que indique claramente la ubicación del proveedor de servicios de pago que actúa en nombre del ordenante o del beneficiario.

La ley contempla el desarrollo reglamentario de esta obligación. En los próximos meses, es probable que se publiquen borradores de reglamentos y, en su caso, una orden que apruebe el modelo necesario para cumplir con esta obligación.

Entrada en vigor de las nuevas obligaciones

Esta nueva obligación entrará en vigor el 1-1-2024, lo que significa que los proveedores de servicios de pago deberán estar preparados para cumplir con estas nuevas exigencias fiscales relacionadas con las operaciones transfronterizas. Se espera que el desarrollo reglamentario proporcione pautas más específicas sobre cómo cumplir con esta obligación y se espera que se realicen ajustes adicionales antes de su implementación oficial.

En resumen, la Directiva 2020/284 introduce una nueva obligación fiscal para los proveedores de servicios de pago en relación con las operaciones transfronterizas. Los proveedores deberán mantener un registro de beneficiarios y pagos, cumpliendo con ciertos criterios y siguiendo definiciones clave establecidas en la ley. También se establecen requisitos para acreditar la ubicación del ordenante y del beneficiario. Es importante que los proveedores de servicios de pago se mantengan al tanto de los desarrollos reglamentarios y se preparen adecuadamente para cumplir con esta obligación, que entrará en vigor el 1-1-2024.

Si quieres saber más sobre las autotizaciones de las entidades de pago por el Banco de España, entra en este artículo.

Are you considering creating a business in Spain? Spain is a demanded territory for investors because of its market and the current acts that have been past in the last year facilitating the creation of new companies. The good weather and the lifestyle are also alluring.

The process of setting up a business in Spain is not complicated, but it has to follow every step needed before each public authority with the documentation required in the exact time limit. In order to get your business created without any surprise you should rely on professionals in this area.

In this article, we will tell you everything you need to know about getting a business started in Spain as a foreigner, but you would need to contact us so we can help you doing it right.

Who is entitled to start a business in Spain?

Almost anybody can start a business in this country. There is no difference whether you are a foreigner or a local citizen. Nonetheless, it is true you are required to be a legal resident in the country and we allow to work here.

If you are part of the European Union (or other countries with the same rights in Spain), you can get a NIE (foreigner identification number) and you are already entitle to work and live in Spain. So you can start your own business too.

If you are not from the European Union, you have to ask for a visa. It can be a working visa or an entrepreneur visa.

Which kind of companies can I start?

You can create a brand new business here or you may extend your business opening a branch or a subsidiary here. There are many ways (with very different responsibilities) of doing so: you can work as a freelance or solo trader, create a limited liability company, a branch office or even a stock corporation. You have to find with your lawyer the perfect option for your situation.

How to start the company?

If you are becoming a freelancer or a solo trader is really easy: you get your identification number and ask to start the adventure. However, if you are creating a company is going to be more complicated. We will go step by step.

1. Getting a NIE (Foreigner Identification Number)

It is required by the Spanish laws to get this number. It is used to identify you and for paying taxes. You will need it to create the company.

2. Certificate of “no coincidence”

You have to ask if the name of the business is available in Spain. You need to get a certificate of “no coincidence”.

3. Writing the bylaws

You write the bylaws of the company paying attention to the Spanish laws and incorporating any requirement.

4. Opening a bank account

A Spanish bank account is mandatory. It is also needed a minimum of 3.000 € deposit for the creation of the company if it is a Limited Liability Company (SL) the one you are creating. If it is a branch of your current business abroad, you do not need to make any investment, but you do need the bank account anyway.

5. Constitution

With all the documents you already have, you will go to the Notary and sign the public deed of the constitution.

6. Register the company

The next steps have to do with registration of the company. You should do so in the Tax Agency, Social Security and the Commercial Registry. You will also get the final Tax Identification Number (CIF) for your company.

In Spain, you have the possibility of having a digital certificate. This will make any process easier, because you will be able to sign important papers from your own computer. It is recommended you get it as soon as you can.

Bear in mind that everything explained above does not come without a cost. You will need to pay several taxes for almost every step. It is true that they are not huge expenses, but you will need to be paying them at the same time you are filling all those documents and submitting them in the right time. The best option in order to not be bother with the administrative stuff, as well as being calm knowing that everything is in expert hands is hiring the lawyers that know you to do it.

We have English speaking lawyers specialised in Business Law and extensive experience setting up companies in Spain. We work in a flexible way and without any unnecessary costs. Our rates are close, so you will know from the fist day exactly how much it is going to be to start you know business here in Spain. We will help you with everything you need. You just need to let us know you we can do it!

 

Whenever you have concerns going on in a different country, language may be a barrier. Law can be complicated and intimidating, especially for those who do not speak the language. We are willing to make it easier for you and your needs in Spain. Helping people from other parts of the world is what brought us to have English speaking lawyers in Barcelona and Madrid to do the services you need in Spain.

Our offer of legal services in Spain is quite fresh: we find the best talent and use the latest technology. And we do so in a flexible way and without any unnecessary costs. So, you will find a professional that knows the Spanish law but speaks the same language as you do. This lawyer will be able to explain the legal terminology to you in a way that you will be able to understand. This can help you to make informed decisions about your case and ensure that you are taking the right steps to protect your legal rights.

When could you need our lawyers?

If you would like to move to Spain, bring your family or do anything business related, you will need legal advise and, most likely, a lawyer itself. Even if you have a misunderstanding when you are taking a walk through our streets, it is advisable to have someone to call. Someone that speaks a language you can speak too.

So, the best way to go is to find a lawyer that can be in charge of everything you need. This way, you will have all your time to settle in the country or do your business, without worrying about bureaucratic stuff. You can sign a power of attorney, so it will allow your lawyer to act in you name.

You will be able to relax and keep your mind where you need it while we will be taking care of your legal procedures.

The lawyer can help to ensure that all legal documents are translated properly, so that you can understand the full implications of what you are signing and making sure you understand everything at every step of any process.

In which areas can we help you?

Our strong point is not just what we do, but how we do it. We select the best lawyers for the matter you need. We do not bill by the hour, we charge with closed and transparent rates. And we work with flexibility and using the latest technology, offering digital services. So you can be properly advised from any part of the globe you are in.

For example, if you are moving to Spain or you are already living here, you will need a lawyer who can help you with the visa, residency and citizenship process. We will also advise you on the legal requirements for working and living in Spain too.

Buying a house may be the next step for you, so real estate law is another area in which an English-speaking lawyer can be highly beneficial. We can help you with the purchase or sale of a property. Family law is another area where our English-speaking lawyers can offer significant value. We can help with child custody arrangements, divorce proceedings and other legal issues related to family matters.

Business law is a crucial area for all business owners, regardless of whether they are based in Barcelona, Madrid or elsewhere in Spain. We will be counselling the setting up of your business in the country and anything else needed. And all these areas are always going to be linked to the tax law. We can help you understand the intricacies of Spanish tax law, including the different types of taxes, tax requirements for non-residents and tax compliance for businesses operating in Spain. We will guide you to avoid any penalties.

We are highly specialized in different types of industries such as Artificial Intelligence, Gaming, Startups, Entrepreneurs, Venture Capital and Alternative Markets. However, as we said before, we select the best lawyers for the task, so we will have the ideal professional for you.

Why should you chose our company?

Because we think our expertise and our language skills are exactly what you need. We have the balance of knowledge from the international world (and other countries realities) and we also have deep understand of the Spanish legal system.

So our aim having English speaking lawyers in Barcelona and Madrid is not only to eliminate cultural and linguistic barriers (making sure you are properly assisted), but also you have a lawyer that fully understand your case. Knowing more about the Law in other countries, makes easier the task of advising a person who has that background and it will be effortless for you to understand how the things work here, avoiding conflicts of laws (or having the tools to navigate through them).

So, we have proactive English speaking lawyers in Barcelona and in Madrid, that can find legal solutions for anything you need related with your legal process, but also we will provide valuable insight into the cultural nuances that may arise during the case. We make sure our services are based on clear communication, legal expertise and cultural understanding. Do not hesitate to contact us so we can help you with anything you need. We are ready to help you navigate the complexities of our system and ensure your legal rights are protected.

Contacto

Oficinas en Barcelona
Calle Travesera de Gracia, 30
Planta 3C
08021, Barcelona (España)

Oficinas en Madrid
P.º de la Castellana, 163,
28046, Madrid (España)
LATAM
info@attolonlaw.com
Subscríbete al Newsletter