Setting up a company in Spain without setting foot in the country is entirely possible. More and more multinational corporations are deciding to establish themselves in the Spanish market without physical relocation, taking advantage of process digitization and the use of international powers of attorney.
In this article, we explain step by step how to create a company in Spain from abroad, what documents are necessary, and how to avoid common mistakes. If you are looking for advice on setting up a subsidiary or branch in Spain or tax planning for your entry into Spain, there are solutions that allow you to outsource the entire process with guaranteed compliance.
If you are a CEO, CFO, or advisor of an international company in the process of expansion, this guide is designed to help you make informed, safe, and efficient decisions.
Is it Necessary to Travel to Spain to Set up a Company?
Legal Options for Non-Resident Foreigners
No, it is not mandatory to travel to Spain to set up a company. Spanish legislation allows non-resident foreign individuals to set up a company through a legal representative, provided they meet certain formal requirements. This model is common among international groups that want to operate quickly in the country without relocating their management team.
The Law on Capital Companies (Royal Legislative Decree 1/2010) establishes that the incorporation can be carried out through an attorney, provided that they have sufficient powers granted in the country of origin and correctly legalized by means of the Hague Apostille. The process is fully recognized by the Spanish authorities, including notaries and commercial registries.
Use of Powers of Attorney and NIE
The appointed attorney must act on behalf of the foreign partner or administrator during the incorporation of the company. To do this, it is essential to have a Foreigner Identification Number (NIE), which can be processed at the Spanish consulate in the country of origin or through an authorized representative in Spain.
In the comprehensive management of company creation, EUROACCOUNTS takes care of processing the NIE, drafting the power of attorney, managing its legalization, and representing the client before a notary and registries. This allows a Spanish company to be set up without the need for travel or relocation, reducing deadlines and avoiding bureaucratic errors.
Steps to Set up a Company from Abroad
1. Obtain the NIE from your country
Every foreign partner or administrator needs a Foreigner Identification Number (NIE) to be part of a company in Spain. This document can be processed at the corresponding Spanish consulate or through an authorized representative. The application includes form EX-15, a copy of your passport, and justification of economic interest.
2. Power of attorney and apostille
If you do not wish to travel to Spain, you must grant a power of attorney to an attorney who acts on your behalf. This power must be drafted with specific powers to incorporate the company, legalized by apostille (if your country belongs to the Hague Convention) and, if it is in another language, translated into Spanish by a sworn translator.
3. Share capital and bank account in Spain
The minimum share capital for a limited company is 1 euro since the 2022 reform, although it is recommended to contribute at least 3,000 euros to avoid legal restrictions. A representative in Spain can open a bank account in the name of the company being incorporated and deposit the capital. The bank will issue a certificate necessary for the public deed.
Practical Checklist
- Completed EX-15 form
- Copy of the partner’s passport
- Power of attorney with powers to incorporate companies
- Apostille and sworn translation if applicable
- Application for a negative name certificate
- Opening of a bank account and deposit of capital
At EUROACCOUNTS, we offer a complete setup service for international companies, which includes processing the NIE, drafting the power of attorney, assistance before a notary, opening a bank account, and managing all procedures before the Commercial Registry.
Choosing the Legal Form: SL, SA or Branch
Before any paperwork, decide which vehicle the Spanish business will use. For foreign groups the choice is almost always between three options:
- Limited company (Sociedad Limitada, SL): the usual vehicle for a subsidiary. It has its own legal personality, shareholders are liable only up to their contribution, and a single shareholder is enough. The minimum share capital is 1 euro since Act 18/2022. While the capital stays below 3,000 euros, at least 20% of the profit must go to the legal reserve and, on liquidation, shareholders are jointly liable for the difference up to 3,000 euros.
- Public limited company (Sociedad Anónima, SA): minimum share capital of 60,000 euros, at least 25% of which must be paid up at incorporation. It suits larger projects or structures where shares need to change hands more freely.
- Branch (sucursal): no separate legal personality and no minimum capital. The parent company is fully liable for its obligations. It is still recorded in the Commercial Registry and needs its own tax identification number.
Subsidiary or branch is the decision with the most tax and liability consequences. We compare both in subsidiary vs branch in Spain, and the full list of legal forms is in types of companies in Spain.
Registering the Company: Commercial Registry and NIF
The sequence is the same whether the shareholders travel to Spain or act through an attorney:
- Name certificate (certificación negativa de denominación) from the Central Commercial Registry, confirming that the company name is available.
- Deposit of the share capital in a Spanish bank, which issues the certificate the notary will ask for.
- Public deed of incorporation, including the bylaws, signed before a Spanish notary.
- Provisional NIF from the Tax Agency, which the notary usually requests electronically right after the signing.
- Registration in the Commercial Registry of the province where the registered office is located. From that moment the company has full legal personality.
- Definitive NIF, once the registration is complete.
The official information on the registry system is published by the Spanish Association of Registrars.
What Is a Spanish Company Registration Number?
Spain does not issue a single “company registration number” in the way some countries do. A Spanish company is identified by two sets of data:
- The NIF (tax identification number, still often called CIF). It is the identifier used on invoices, contracts and bank documents and before the tax authorities. Its first letter shows the type of entity: B for an SL, A for an SA, and W for the permanent establishment of a non-resident entity, such as a branch.
- The registry entry: the Commercial Registry where the company is recorded and the volume (tomo), folio and sheet (hoja) numbers of its registration. Companies must show these details in their documentation, and anyone can check them by requesting an extract (nota simple) from the Registry.
Tax and Labour Obligations After Registration
Once the company exists, the ongoing obligations begin:
- Tax census registration (form 036) with the Tax Agency, declaring the start of activity and the taxes the company will be subject to.
- VAT, corporate income tax and withholdings: periodic VAT and withholding returns and the annual corporate income tax return. If the company will buy from or sell to businesses in other EU countries, it must also be registered in the intra-community operators register (ROI).
- Social Security: the company registers as an employer before hiring, and each employee is registered before starting work.
- Accounting and annual accounts: books kept under the Spanish chart of accounts (Plan General de Contabilidad), legalised every year at the Commercial Registry, and annual accounts filed there once approved.
These obligations start with the first months of activity, so it pays to have accounting for the subsidiary and payroll organised before the company starts trading.
Advantages of Delegating the Process to an Expert Partner
Cost and Time Savings
Setting up a company from abroad requires coordination between notaries, banks, registries, and the Tax Agency. Without local experience, these steps can take weeks or even months. Delegating the process to a local partner significantly reduces deadlines and avoids errors in documentation, translations, or validation of powers.
In addition, outsourcing the incorporation allows internal resources to be focused on the business operations, avoiding travel, translations, or complex bureaucratic procedures. The use of digital signatures and document automation further shortens the times.
360º Tax, Accounting, and Legal Management
An expert partner like EUROACCOUNTS not only manages the initial incorporation but also guarantees operational continuity: tax registration, compliance with tax obligations, payroll, tax filing, etc. This allows business activity to begin in Spain with a solid structure and without legal risks.
A comprehensive approach avoids frequent errors such as delays in registration with the Commercial Registry, problems in opening a bank account, or initial tax non-compliance. With tax compliance support for multinational corporations, subsidiaries can quickly integrate into the group with full legal compliance.
Conclusion
Setting up a company in Spain from abroad is a fully viable process if you have the right guidance. Through powers of attorney and correct planning, you can avoid travel and reduce administrative times.
With EUROACCOUNTS, multinational corporations find a strategic partner that not only manages the legal incorporation but also guarantees tax, labor, and accounting compliance from day one. Our senior team coordinates each step so that your subsidiary operates in Spain efficiently and without surprises.
Are you considering opening a company in Spain from abroad? Request a consultation with our experts and get a personalized plan for your international group.
