Regardless of the type of legal form in which you are going to set up your company, you are going to need to carry out a series of formalities and procedures. Below we guide you through the essential steps to set up a company:
1. Choose the legal form
The first thing is to determine the type of company you are going to create and to determine the legal form: public limited company, limited liability company, cooperative… You can look here for the one that best suits your situation according to your characteristics.
2. Negative certification
You must obtain from the Central Mercantile Registry the Negative Certification of the company name (CNN) that accredits the exclusivity and non-existence of another company with the same name. This can be done in person with a form at the Mercantile Registry offices, by post or through the web.
3. Share capital
Deposit in a bank an amount of money, which will vary according to the share capital required in each case. For a limited company the minimum is 3,000 euros, and for a joint-stock company the capital may not be less than 60,000 euros.
4. Apply for a NIF
Obtain the Tax Identification Number from the Tax Office, first provisionally by presenting the necessary documentation (form 036, copy of the deed of incorporation and copy of the articles of association), and then definitively (no later than 6 months) by presenting the deed.
5. Creation of the company
You must execute a public deed before a notary where the partners sign the constitution of the company.
6. Registration in the Commercial Registry
Registration of the company in the Provincial Trade Register to obtain full legal competence. This will take place at the Mercantile Registry office in the same province where the company is domiciled.
7. Registration in IAE
You must register for the Tax on Economic Activities with the business activity you are going to carry out, at a Tax Office.
8. Company books
Legalize the company books (inventory book, annual accounts book and daily book) at the corresponding Trade Registry of the province. It consists of putting an official certificate on the first page of the books and marking the rest of the pages with the seal of the Registry.
9. Registration of patents and trademarks
Registration of distinctive signs such as words, phrases, images or symbols at the Spanish Patent and Trademark Office, since having previously registered a name at the Commercial Registry does not mean having it protected as a trademark.
10. Implementation of the project
After the above steps you will be almost ready to start your business although depending on the type you may have to do some more, for example, if you are going to have workers you should communicate the opening of the work center to the Provincial Directorate of the Ministry of Employment and Social Security and obtain a book of visits for inspections. In addition, it is highly advisable to obtain an electronic certificate so that you can sign documents electronically and speed up processes.
This whole process may seem tedious, although all of us who have set up a company have gone through it and in the end it is put. But I have some good news.