Isabel Pérez Legal Attorney: Setting a bussiness

Usefull information and links

Setting a bussiness requires some previos steps about legal personality, statues and constitution, which are related to Commercial Law. Then, depending on the activity, the needed machinary, or where are you based, you will need some guidance on Public Law, which is dealing with the Townhall and getting all compulsory licences. Finally, as a bussiness, you will manage a database with customers and providers, so you will need a data protection policy which is compulsory by Spanish Law, due to European Directives and meeting it´s standards.

One each of these fields, here is some usefull information:

Commercial Law

First step will be, depending on your bussiness partners, weather you have or not, depending on your activity or depending on your avaliable capital, to decide which type of legal personality will suit the best for your bussiness (SL, SLL, SA, SCom....).

Once you decide that, you have to set up the rules that will guide the relationship among your bussiness parters and all kind of self-governance rules in the Statues, that should be registered in the Registro Mercantil.

Then you have to register your activity in order to pay the compulsory taxes to begin your activity. You need to go to Delegación de Hacienda where yoy will be provided with an id number which will be used from then everytime you pay taxes and disclose the IVA.

Public Law

Before beginning your activity you need to get all the required licences from the Local Administration. They may last a long time, but once you have the application done you are able to begin the activity meanwhile the licence is being proccess.

Data Protection

Data security protection is binding by Spanish Law. Most of the small and medium size companies does not have their files registered (80% of them, as it is said by the National Observatory located in Leon). To ignore this obligation leads to a fine, up to 10.000 euros, depending on the kind of data stored by the company.