Welcome

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Constitution and dissolution of companies, branches, and foundations

Investing in a foreign country is an important decision that covers multiple aspects to take into account, such as tax costs, operating, starting fees, etc.

Understanding your needs is a priority to be able to choose the appropriate legal entity in Spain. I take care of all the necessary procedures so that your company, branch, representation office or foundation becomes operational as soon as possible.

• Services in corporate matters/foundations:

i) Application for company/foundation name;

ii) Opening of a bank account for the company, branch, etc.;

iii) Request for tax identification number (NIF);

iv) Obtaining the NIE for directors;

v) Constitution of the company, branch, foundation, etc before a Notary;

vi) Registration of the constitution and/or dissolution of the company, branch, foundation, etc in the Commercial Registry;

vii) Registration of the foundation and/or foreign branch of the foundation before the Registry of Foundations;

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Secretary of Governing Body

Any change that your company, branch or foundation is going to make must be reflected in the corresponding certificate and minutes of the governing body. These decisions or agreements must subsequently be filed public and registered in the corresponding public registry for the purposes of publicity.

• Secretary of Governing Body services:

i) Change of registered office;

ii) Termination and appointment of directors;

iii) Change of shareholder/s;

iv) Ultimate Beneficial Ownership deeds;

v) Modification of company´s statutes;

vi) Purchase and sale of shares;

vii) Approval of annual accounts;

viii) Change of company/foundation name;

ix) Legalization of minute´s book;

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International Posting for employees

Law 14/2013 has expanded the possibilities of intra-corporate mobility within the international business environment. It is easier to transfer your employees to other countries within the European Union to carry out professional activities within the group of companies, subsidiaries or to provide services to clients located in other countries. This law incorporates the possibility that your company can hire foreign professionals who are highly qualified.

In the field of teleworking, we find that the recent Law 28/2022 allows those workers or self-employed workers who work remotely to reside in Spain. To do this, a series of requirements must be met, such as, for example, in the case of carrying out a professional activity, working for a company located in Spain will be permitted, as long as the percentage of said work does not exceed 20% of the total of his professional activity.

• Services regarding international mobility:

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i) Analysis of existing options regarding intra-corporate transfer;

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ii) Preparation of labor and/or commercial contracts if necessary;

iii) Submission of the application for a residence and work permit to the Big Companies and Strategic Groups Unit;

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Data Protection and general terms and conditions

The entry into force of the European Union Regulation on Data Protection and the Organic Law on Data Protection and Guarantee of Digital Rights has meant a change in the way in which companies have to propose their data protection policy. It is necessary to start with an impact assessment to analyze what category of personal data is being processed and the security measures adopted. The figure of the Data Protection Officer is introduced, the files disappear and the Registry of Processing Activities is introduced, etc.

When selling or offering a service or product, it is important to comply with various aspects of Spanish legislation, such as the Law on General Conditions for Contracting, Law for the Defense of Consumers and Users and Law on Society Services. Information and Electronic Commerce, among others.

• Services regarding data protection and general terms and conditions:

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i) Monitor and adjust your privacy policy, cookies and legal notice to the legal system in force;

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ii) Analyze whether the data protection policy is correctly implemented;

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iii) Review and adjust of general terms and conditions;

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Debt recovery proceedings/enforcement of judgments and arbitration awards

Unfortunately, there are companies, freelancers or individuals who stop paying invoices for the products or services provided, so you have no choice but to see a professional to be able to claim payment of the debt.

When claiming payment, it is important to know the feasibility of recovering the amount owed by the debtor. I am in charge of carrying out an asset investigation of the debtor and beginning an extrajudicial procedure to obtain collection. If the voluntary payment phase is not successful, legal proceedings will be initiated to obtain payment of the debt.

• Services regarding payment proceedings and execution of arbitration rulings/awards:

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i) Monitor contractual documentation and assess the viability of the claim;

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ii) Analyze the economic situation of the debtor;

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iii) Claim payment of the debt extrajudicially by telephone, email and burofax;

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iii) Review and adjust of its general terms and conditions;

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iv) Commence judicial proceedings to claim the amount owed or enforce judgments/arbitration awards against the debtor;

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v) Processing of European Order for Payment Procedure and European Small Claims Procedure;