Do you wish to expand your business in Spain? After having studied the possibilities in the market, the location, the local legislation, there is a series of steps to follow in order to open a branch in any municipality in Spain.
A branch in Spain is a secondary establishment of a company, with certain independency, but depending on the foreign parent company. The aim is to carry out activities of the company, which is then non-resident in Spain. The steps to follow when creating a branch of a foreign company in Spain is a series of requirements we set out below:
- The first thing to do is to include an item on the agenda and approve the decision to set up the branch in Spain. Said resolution will be included and approved by the administration body of the non-resident parent company, as well as the appointment of a legal representative who must be resident in Spain.
- The appointment of a legal representative, as well as the resolution to set up a branch and the bylaws, must be registered at the Companies Registry, and translated into Spanish by a sworn translator.
- Once this is done, the legal representative may sign the incorporation deed before a Spanish notary. She/he will need the following documentation to do so:
- The resolution to create the branch.
- The bylaws.
- Certificate of having deposited the stock capital.
- Id nº or NIE nº of the legal representative.
- Certification of the company’s name.
- Once the incorporation deed has been executed, the legal representative may apply for the provisional Tax Identification Number (NIF) at the delegation of the Tax Office where the branch will have its registered office and settle the fees. The legal representative will need to provide the registration form, the incorporation deed and the ID nº of the representative.
- Finally the incorporation deed of the branch will need to be registered at the Companies Registry. And then the definitive Tax Identification Number may be requested.
Should you wish to create a branch in Spain, Welex will give you all necessary counselling and will deal with all formalities in order to correctly set up the Spanish branch. Welex, your economist and lawyer under one and the same roof will render you a comprehensive service in Marbella, Malaga and all over Spain.