Corporate Affairs
UK clients sometimes find the Spanish legal system unapproachable when they come to us. However, they soon find that not to be the case when we are able to explain in plain clear and legal English-like language the procedures involved in dealing with commercial affairs in Spain.
We benefit from our own in-house Public Notary, which facilitates granting right from our London office, any official Spanish corporate document that requires to be filed before the Spanish authorities.
In the UK starting a company is certainly a simple process. Unfortunately, in Spain this is not the case and a much more formal and complex one must be followed to achieve the incorporation of a Spanish company. Summarily the steps are the following:
- Choosing the type of company and structure that will best serve its intended purpose.
- Finding out whether the chosen name is available.
- Granting the company’s Deed of Incorporation, which will encapsulate the company’s Articles of Association and Memorandum including the amount of capital paid up, its shares and their distribution, identity of the shareholders, etc.
- Registering the company at the Registro Mercantil (equivalent to Companies House in the UK).
If no Deed of Incorporation is granted in front of a Public Notary or it fails to register at the Registro Mercantil the company becomes "irregular". An irregular company is not totally regulated and its shareholders are not fully protected.
At Scornik Gerstein LLP we provide a wide range of legal services to assist both corporate and individual clients doing business in Spain. Our areas of expertise include the following:
- Establishing Spanish businesses and corporations
- Incorporating foreign companies, subsidiaries or branches in Spain
- Mergers and acquisitions
- Franchising Spanish franchise companies
- Commercial contracts (both national and international)
- Cross border corporate tax affairs
- Company Sales and Purchases
- Shareholders agreements and joint ventures
- Agency and distribution agreements
- Corporate legal action against government bodies
Spanish Commercial Property
We offer services across the full spectrum of Commercial Property matters. Our team supports all potential clients interested in commercial property deals such as trading companies, institutions, investors, developers and private landowners. Our expert team covers:
- Commercial freeholds and leaseholds
- Hospitality, tourism and residential developments such as golf courses and hotels
- Residential and Commercial Site assembly for developers
- Option deals, collaborations and ransom strip arrangements in relation to developable land
If you would like more information, please do not hesitate contacting us.
