How to Open a Business in Spain

Digitalizing public administration and financial entities makes it much easier for companies to create in Spain. Requirements may vary depending on the type of business or the autonomous community, but the first steps are common to all cases.

First of all, you need to create a business plan. It should detail the nature of the company, its main features, and sources of financing. It should also include the capacity to generate employment and assess the viability of the project in general.

This is a very important step. A business plan sets out in detail what type of company you want to run. It is also a requirement that can be requested by any administrative body.

Legal form

After you have designed your business plan, you must choose the legal form of your business. The choice of legal form will depend on the activity and sector of your business. It will also impact the number of partners, the financial needs, and the liability of the partners or tax aspects.

There are different legal options for setting up a business in Spain:

• Sociedad anónima (S.A.): It must have at least one shareholder and must be incorporated with a minimum capital of 60,000 euros. The initials “S.A.” must be included in the company name. Additionally, it must maintain an inventory book, annual accounts, and a book of minutes, where the agreements from general meetings are recorded.
• Limited liability company: The legal minimum share capital is €1. If the initial contribution is less than €3,000, there is an additional obligation: the company must reserve at least 20% of annual profits until the capital figure reaches €3,000.
  In practice, this means that the effective minimum capital remains €3,000, since if it is not reached during the company's life, it must be completed upon its liquidation.
• Emprendedor de responsabilidad limitada: This is an alternative to a limited liability company for a natural person who engages in an economic activity. Its liability to third parties is unlimited.
• Empresario individual (autónomo)[ (self-employed)]: Another interesting possibility that does not require a minimum capital.

How to open a business account in a bank

The Chamber of Commerce specifies that it is necessary to open a unique and exclusive bank account for the company where the capital stock will be deposited. A certificate must be submitted stating the deposit in the bank, the details of the company's partners, and the contributions made.

A bank account is very important for your company. On the one hand, most banks have functions that will facilitate operations, such as mass payments and association with accounting services. In addition, there are more specific financing possibilities, such as credit lines and other more advantageous conditions.

The requirements to open a company account in a bank in Spain, whether the applicant is a legal or natural person, are:

• ID or other government document of the person who will open the account
• Proof of personal and business address
• Tax Identification Code (CIF) of the legal entity
• Articles of incorporation and powers of incorporation of the company
• Document justifying the activity of the company (such as the Tax on Economic Activities)
• Other documentation on the nature of your company, its turnover, or the number of employees.

After completing the registration process, the client can (directly) contract the debit card or request one of the available financing promotions. Once they access online banking, they will also be able to access other products and services. These include insurance, foreign trade, commissions for transfers, credit cards, etc.

Deed before the notary

Since the 2018 reform of the Capital Companies Act, it is no longer mandatory to present a bank certificate to a notary. Shareholders can declare in the deed that they have made monetary contributions and that they are jointly and severally liable for their accuracy.

The requirements for the deed are:
• Negative certificate of company name (from the Central Commercial Registry).
• Articles of association.
• Identification of shareholders (DNI/NIE or CIF).
• Corporate purpose, address, share capital, and distribution of shares.
• Appointment of directors.

After signing the deed, the notary is responsible for sending it to the Commercial Registry for registration.

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Request your company's NIF

Once you have completed these procedures required for the incorporation process, you must get up to date with the Treasury. In this way, you can register for the Tax on Economic Activities, presenting Form 036. Tools such as Sage 50 can be of great help in organizing the business and keeping it up to date with everything that is required to be presented to the Treasury.

The NIF (Tax Identification Number) must be processed within the month following the date of incorporation of the company. This is a mandatory requirement for individuals and legal entities that carry out commercial activities in the European Economic Area. Without an NIF, invoices cannot be issued or received.

Social security registration

Finally, you will need to go to your local Social Security office and register your new company. If the entity is going to hire workers, the company must register with Social Security before starting the activity. Likewise, for self-employed workers, they must be registered with the RETA (Taxpayer Registry of Taxpayers) before starting the activity.

Form 037 has been eliminated since February 2025. All self-employed individuals must submit Form 036 to register with the Treasury.

Filing Form 036 is not required for registration with the Social Security System. This form is required for registration with the Treasury (it is used to register in the Census of Business Owners, Professionals, and Withholding Taxpayers, obtain a Tax Identification Number (NIF), declare the start of economic activity, and select a tax regime). Therefore, the following are required for registration with the Social Security System:

• For self-employed individuals: with the General Treasury of Social Security, using Form TA.0521.
• For entities: with the General Treasury of Social Security, using Form TA.6.

How can we assist you?

At H&CO, we support your business's entry into Spain through our subsidiary, Corpag, offering comprehensive entity management services. Our expert team provides seamless international registered agent services tailored to your cross-border needs, ensuring your business stays compliant with local regulations. We handle legal correspondence, tax notifications, and government filings efficiently, keeping your operations in good standing. With Corpag’s global expertise, we safeguard your privacy and simplify business management across jurisdictions.

Navigating for our accounting firm services, take a look at our individual tax services, business tax services, international tax services, expatriate tax services, SAP Business One, entity management, human capital, and audit and assurance services.