Welex, your accountant in Marbella is pleased to provide you a classification of Mercantile Companies in Spain.
Spanish mercantile companies can be classified according to the following criteria:
1. From a structural point of view
A classification can be made between societies of persons and corporatists versus capitalist companies.
In the first, the partnership contract produces rights and obligations among the partners, which means that the personal link between the partners is considered.
In contrast, in a capitalist company, the contract creates a corporate organization that determines its rules of operation, so the relationships are basically vertical between partners within the society.
2. From the functional point of view
A distinction can be made between universal social types and special types. Universal societies are those that can be employed regardless of the nature of the social activity and the purposes of the type, such as the collective, anonymous or limited liability companies in Spain.
On the other hand, special companies are those that are legislatively envisaged for the development of a specific social activity, which require specific treatment due to their importance, such as a cooperative society, an economic interest grouping, a reciprocal guarantee society or a capital company.
3. From the point of view of its legal recognition
A distinction can be made between typical and atypical societies. The first is one that is recognized by the legislator, either by means of universal or special types. On the other hand, the viability of atypical societies is debatable.
According to Article 122 of the Commercial Code, which establishes, “As a general rule, commercial companies will be incorporated by adopting one of the following forms:
1- Collective regulation
2- Limited partnership or shares
3- An anonymous company
4- Limited liability
Our law and accountancy firm in Marbella can refer you if not to a new model to the special category, the professional companies, as regulated by the Law of March 15th, 2007. This category must compulsorily cover all of those entities whose social purpose is the exercise of a professional activity in common as long as it is carried out in the name of the company and has effects for the group – not for individualized professionals. A group whose performance requires university or professional qualification is registered in the corresponding Professional Association.
A company in Spain may be constituted under any of the corporate forms provided for in the law: -personalist collective or limited, simple or by shares; -capitalist: anonymous or limited; -job society; -Society Limited New Company; -unipersonal; -civil, which was the form so far authorized and used by professionals; amended the Commercial Code to enable the registration in the Commercial Registry of professional civil societies
Contact our firm of lawyers and accountants in Marbella if you wish for more information about the various forms of Spanish mercantile companies.