Setting up of a company in Spain. Lawyer in Marbella reporting on Spanish Law, Real Decreto Legislativo 1/2010, 2nd July, Ley de Sociedades de Capital

Setting up of a company in Spain. Lawyer in Marbella reporting on Spanish Law, Real Decreto Legislativo 1/2010, 2nd July, Ley de Sociedades de Capital

If you are interested in setting up a new company in Spain, the following information should be taken into account. The professional team of lawyers and Spanish tax advisers of Arcos y Lamers Asociados has the knowledge and experience necessary to provide the legal fiscal, accountancy and labour advice that you may need for your Spanish company in Málaga, Costa del Sol, or any other area of  Spain.

Useful information:

1. The minimum share capital has is of EUR 3.000, to be stated in euro currency.

2. The company will have its domicile inSpain, in the place where the effective management is located or where its main establishment or operation centre is settled.

3. The Spanish company may have a corporate web site.  The creation of this website will be agreed by the general meeting of the Spanish company and will be registered at the corresponding Mercantile Register. The agreement may be also published in the official Spanish gazette of the Mercantile Register or a notification to all the share-holders should take place.

With regard to publications on the website, the company guarantees the security of the website, the authenticity of the documents posted on the page, as well as free access to the same, with possibility of downloading and printing among others.

4. The setting up of the Spanish company will be carried out through the granting of a Constitution Public Title Deed, to be registered at the Mercantile Register.

The title deed will be granted by all the founding Partners, individual or companies,  including, at least, the following information:

a)      Identity of shareholder/s.

b)      The decision to set up the company, specifying type of company.

c)      Contribution of each partner and numbering of shares.

d)     By-laws.

e)      Identity of director/s of the company.

The By Laws will include the following:

a)      Company name.

b)      Social object, stating activity to be carried out.

c)      Social domicile.

d)     Capital, nominal value of shares and correlative numbers

5. The shareholders will decide, in general meeting, among others, the following issues:

a)      Approval of annual accounts, application of the results and approval of the company Management.

b)      Appointment and change of directors.

c)      Modification of Spanish By Laws.

d)     Increase or reduction on capital share.

e)      Liquidation of the company.

f)       Approval of final balance for liquidation.

6. There are two types of general meetings, ordinary and extraordinary.

1. The ordinary general meeting, previously called for that purpose, will necessarily meet within the first six months of each financial year, to approve the company management, accounts for the previous year and application of the results.

2. Any Board that is not included in the preceding paragraph, shall be considered extraordinary general meeting.

The general meeting shall be convened by the directors, who have the obligation to attend, and where appropriate, by the liquidators of the company.

The shareholder may be represented in the general meeting by another person, who has got general Power of Attorney granted in front of a Public Notary.  The Faculty for representation has to be granted before a Notary, if not, it will be specific authorisation for each general meeting.

The faculty for representation can always be revoked, the attendance by the shareholder will mean the revocation of for the representative.

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Arcos & Lamers Asociados, Spanish Lawyers, tax advisers and accountants in Marbella, Málaga. We offer our services in the wholeSpanishTerritory. AtArcos & Lamers Asociadosyou will find Spanish accountants and Spanish solicitors under one roof!Arcos & Lamers Asociados, your lawyer inSpain!

Arcos & Lamers solicitors have specialist Spanish property law solicitors to help you to purchase or sell a house inSpain, to set up a Spanish company and to provide you efficient accountancy and tax advise.

Spanish lawyer, Spanish accountant, Accountant inSpain, Lawyer inSpain, Spanish solicitor, Solicitor inSpain. Spanish company consultants.

Marbella, September 2012.

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