Ourlaw firm in Spain provides a wide range of legal services for local and international clients interested in doing business in this country. Our area of expertise covers all branches of law such as corporate law, criminal business law, legal consulting, tax planning, intellectual property, insolvency, debt collection etc.
We offer consultancy services to investors who open a small, medium or a large company in Spain and we can help them with the incorporation procedure and obtaining the permits and licenses required in order for them to begin the desired type of economic activity.
At Lexidy Law Boutique SLP, foreign natural persons and legal entities can receive assistance on four main categories of services: corporate services, tax services, immigration matters and real estate. Lexidy was founded by Federico Richardson Alborna, an English speaking lawyer in Spain registered at the Bar Association with the number 40.082. Investors can get in touch with our specialists at LawyersSpain.eu directly at our offices located in Madrid and Barcelona.
Those who are interested in investing in Spain by opening a local company can receive advice and legal representation on the following corporate services: full assistance in opening a local branch office or a subsidiary, opening a corporate bank account for a corporate structure, assistance in choosing one of the legal entities prescribed by the Spanish legislation, obtaining a NIE number, compliance with the GPDR legislation. At the same time, we can assist businessmen in purchasing a company that is available for sale in this country.
Organizations we are a part of
Lexidy Law Boutique SLP, the company representing LawyersSpain.eu, is part of several local and international organizations. We are proud of our collaboration with the following: Deutsch-Spanische Juristenvereinigung eV Hispano-German Association of Jurists (German-Spanish Association of Lawyers), the International Bar Association, Camara de Comercio Hispano – Sueca de Barcelona (Sweden - Spain Chamber of Commerce in Barcelona) and Il Lustre Col-Legi de L’advocaia de Barcelona (Barcelona Bar Association); all these organizations are known for their prestige in the legal system.
Debt collection in Spain
When you have to recover a debt from your business partners in Spain, you may address to our Spanish lawyers who will present you the legal procedures related to debt collection. Our solicitors in Spainwill follow all the legal steps and they will represent you in front of Spanish courts, if the debt is not recovered through the mutual consent.
We may also represent you also in front of the Spanish authorities and third parties through a power of attorney and you don’t have to travel to Spain in order torecover your debts. Our lawyer in Spain may help you with theinsolvency procedures, if it is needed, and they will follow all the legal steps for company liquidation.
Ourattorneys in Spain have a close relationship with their clients and the services provided to international and local clients are tailored to their needs; our lawyerin Spain can assist in a wide range of legal services – such as the ones presented below, which are available for both foreign and local investors and individuals:
company liquidation in Spain - just likeopening a company, closing one will involve several steps that will need to be handled accordingly - satisfying the creditor’s debts is an important phase and having the right legal aid in liquidation, as well as appointing a liquidator, are equally important for the process and our team of solicitors in Spain can help you close a business that is no longer profitable;
legal counseling in various legal areas - our team includes lawyers who have extensive experience in all areas of law, from corporate and business law to tax law and family law, we provide the full spectrum of legal guidance and advice;
tax advice and planning - companies and individuals in Spain can benefit from our services related to tax advice and planning, as we offer complete counseling in all taxation matters, for both foreign investors and companies that are not yet familiar with the taxation system and to individuals who have questions about personal taxation (our barrister in Spain can assist companies with tax advice on the provisions of the double tax treaties signed in Spain and on the manner in which they apply to a business);
company formation in Spain- we can assist you during the company formation process in Spain as opening a new business is a multi-step process that will start with choosing the business type and name and it will end with registering the company with the Commercial Register (Registro Mercantil Central).
You can reach out to us with complete confidence irrespective of the legal questions you might have; our solicitors in Spain can also help foreign investors onimmigration related matters. We can assist in obtaining business visas, residence permits and we can also provide legal advice on the procedures that have to be completed in order to bring the close family relatives to live in Spain.
Solicitors in Spain specialized in commercial and business law
In your daily activity, at your company in Spain, you may need legal consultancy for your business and representation in front of Spanish courts of justice. Our law firm in Spain is prepared to provide you with legal advice and legal representation in various matters, such as commercial litigation, preparing the set of documents required in a Spanish court for a given legal case, drafting legal documents, such as contracts. Our lawyer in Spain can also provide arbitration and mediation services in case of legal disputes between companies.
When you need a lawyer in order to conclude an important business contract or a deal, our barrister in Spain are always at your disposal and can offer assistance on theSpanish legislationon the matter, as foreigners can’t easily anticipate the legal consequences of a legal action.
Hiring or dismissing employees? Find out the latest regulations from our lawyer in Spain
If you need legal consultancy after you open your company and you want tohire employees, you may contact our lawyers in Spain. Ourlaw firm in Spain offers solutions for your issues related toemploymentand keeps you informed about the latest changes in the Spanish legislation regarding employment. When you need to dismiss employees, our lawyers in Spain will offer you legal consultancy so that you can be sure that the procedure you will follow is completed according to the local regulations.
Tax minimization in Spain
After you open a company in Spain and you start doing business in this country, you may need useful information related to tax minimization procedures. Foreign businessmen can receive information from our law firm in Spain on the provisions of the double tax treaties applicable to them. It is important to know that Spain has signed numerous double tax treaties for avoiding the double taxation and foreign tax residents can benefit from them in certain conditions.
Do you need to open a company in Spain? Ask our lawyers for help
Many foreign entrepreneurs are attracted by the business opportunities in Spain and they want to set up companies in this country with less effort and as fast as possible.Ourlawyer in Spain can help you with the incorporation procedure and you don’t have to travel to Spain in order to open a company. If you don’t know the type of company that suits best to your interests, you can ask for the advice of ourlaw firm in Spain.
After you will choose theright type of company for your business, you can rely on our barrister in Spain for the registration. Ourlaw firm in Spain will help you draft the articles of association, specimen signatures, fill in special forms, affidavits, arrange the public notary procedures etc.
If you don’t want to travel to Spain in order to open the company, you can do it through a power of attorneygranted to one of our Spanish lawyers. He or she will assist with advice on the services of a virtual office for your company and can provide additional services, such as accounting, opening a bank account etc.
Obtaining business permits and licenses in Spain
One of the main components of the process of starting a business in Spain is obtaining business permits and licenses. With the help of our barrister in Spain, you can navigate through the complex system that can be applied when requesting business permits and licenses, as they can vary greatly based on the object of activity of the company, the place where the operations are developed and others.
For instance, if your business operates in the construction sector, the company’s representatives will need to prepare a set of documents that will be necessary for the issuance of basic permits, such as: the Municipal Works Permit, the Municipal Activity Permit, the Municipal First Occupancy Permit and the Municipal Opening Permit.
Companies involved in preparing or selling food products will need a clearance from the health authorities, and this applies to all catering units of all types (cafes, pubs, bars, restaurants, etc.) Those selling alcohol will also need a separate license for this purpose. You can find out from our solicitors in Spain more details on how to apply for such permits.
We invite you to watch a short video about how you can set up a business, helped by our law firm in Spain:
How to obtain a Spanish visa for investment purposes
Foreign investors can apply for a visa in Spain, issued with the main purpose of performing aninvestment in a local company (a company that is already operational or the company set up by the businessman). In order to obtain a visa in Spain for investments, the businessmen will have to provide a detailed business plan, respect the minimum investment threshold and the number of jobs the business will add on the Spanish market.
It is necessary to know that foreigners obtaining a businessvisa will be entitled to bring their close family members, who will benefit from the right of working on the local market, living in Spain and, if the investor has children, they will be able to enroll in local schools.
Anothertype of visa for investors is available under the Golden Visa Spain program, launched in 2013. Under this program, a foreign businessman can invest EUR 500,000 in the real estate sector, which will allow theissuance of family residency. This type of document is available for a period of two years and it can be renewed upon expiration. Businessmen can also apply for a visa when, for example, they invest in an investment funda minimum sum of EUR 1 million.
Thevisais a legally imposed document for all foreign nationals who are citizens of countries located outside the European Union (EU) and it can be granted only if certain conditions are met, besides the value of theminimum investment. For example, it is necessary for the applicant to have an age of at least 18 years old at the moment when he or she applied for the Spanish visa.
Furthermore, it is imposednot to have any criminal recordin the country (or countries) in which the investor has his or her declared residency and this is applicable to a set of offences that are established under the Spanish legislation. Our team of Spanish lawyers can provide in-depth information regarding the applicable legislation in this sense.
How can a foreigner immigrate to Spain?
Spain is one of the most developed countries of the EU and one of the largest recipients of immigrants. Depending on the residency of the foreigner, the immigration law can impose the issuance of a visa, just like in the above mentioned case, where foreign investors have to apply for an investment visa (this, however, does not apply in the case of EU foreign businessmen).
The visas that can be issued by the Spanish authorities cover all the types of reasons for which a foreigner may want to arrive in this country – for business and investments, studies, employment or for those who simply want to relocate here and purchase a property, these being some of the basic visa categories.
You can find out the entire list of visas issued by the Spanish legislation from our team of lawyers in Spain. You can easily address to our team if you need to apply for any visa prescribed by the national law, as our team has the necessary legal expertise to represent you in this process.
As a general rule, regardless of the visa that you need when arriving in Spain, the procedure starts at the Spanish embassy or consulate in the country where you are a resident. There, you will submit your application which will be sent for analysis to the Spanish authorities, which are the sole entities that can provide a positive or negative answer.
Visas is Spain can be issued for short-term stays, which, under the Spanish law and the EU law are defined as arrivals in the country with a duration of maximum 90 days, and for long-term stays (any stay which is longer than 90 days). Our solicitors in Spain can present more information on the visa application process for these two main categories.
You must also be aware that visas issued for a period longer than 90 days will require the foreigner to apply for a residence permit in Spain, which is a document that grants the right to a foreigner to live here on a determined period of time. Permanent residence permits are also available, but they can be obtained only after living here on a short-term residence permit.
At a EU level, Spain stands out as one of the nations with the highest number of immigrants (by number), who arrived here from other EU countries or from Colombia, Ecuador and China. With regards to the latest immigration trends, which can be detailed by our Spanish lawyers, the following apply:
in 2018, Spain was the 2nd EU country, after Germany, on the overall number of immigrants, accounting for 643,700 new immigrants in that year;
overall, in 2018, Spain accounted for 4.8 million immigrants, being the 4th EU country after Germany, Italy and France;
Spain is one of the EU country where the foreign citizens account for at least 10% of the total population of the country;
it must also be known that a large proportion of the foreigners arriving in Spain stays here with the purpose of becoming citizens (in 2018, 90,800 foreign permanent residents acquired the Spanish citizenship);
in 2018, Spain was the 1st EU country on the awarded citizenship rate (compared to 2017, Spain granted the citizenship to an additional 24,300 persons).
The main stages of the procedure in the Spanish court
When the litigation process starts in the court, the investor will have to send the claim to the court that is entitled to judge the case. The claim will be drafted by the Spanish attorney and it will contain the requests of the claimant and all the legal explanations. The defendant will receive the claim at its official address and he or she must answer to it in a term of 20 working days; at the same time, the defendant has the possibility to file a counterclaim.
The next step is a preliminary hearing of the two parties in front of the court and only after this procedure is completed thejudgment of the case can begin. Persons who need to know further details on the following procedures of the case and the duration of a trial (which can be estimated in accordance with the specifics of the case), can address to our law firm in Spain. In order to obtain a decision from a first level court, the claimant can wait a few months or even a year.
Limitation periods in Spanish litigious cases
Litigious cases in Spain can be brought to claims up to a certain period of time, prescribed by the local legislation. Cases referring to real estate disputes can be brought to a court in a period of 30 years, whilecontractual conflicts have a prescribed period of 15 years.
It is important to know that if the foreigner filing for the litigious case doesn’t speak Spanish and he or she needs to be present in the court to answer the judge’s questions, the person will receive a translator. At the same time, foreigners should know that the local legislation allows the participation of a foreign lawyer, but there are certain conditions under which this rule can become applicable.
Our barrister in Spain can also represent investors in any of the steps related to the registration of a local company; businessmen can rely on the expertise of our lawyers in various fields of activities, such as import-export procedures, import-export law, customs formalities or applying for EORI in Spain.
What is the structure of the Spanish courts?
There are three legal aspects that are very important when we talk about the legal system in Spain: jurisdiction, territoriality and the number of judges in a trial. The country is divided into municipalities, districts, provinces and autonomous communities and, from a legal point of view, there are: peace courts, courts of first instance, administrative courts, labor tribunals, courts for prisoners and juvenile courts.
There are also provincial courts and autonomous communities courts and, at the national level, there are other entities such as: the National Criminal and Administrative Court, the Supreme Court, the central courts of preliminary investigations and the central administrative courts; our team of Spanish lawyers can assist with advice on the types of cases that can be brought in front of these courts.
The majority of the Spanish courts have a single judge who is present in trials and there are certaincourts, such as the Supreme Court or the National Criminal and Administrative Court, where thetrials are carried out with the participation of several judges. A bench of judges is also common in theautonomous communities’ high courts, as well as for the provincial courts.
In Spain there arecourts offices that are administrative entities which support the judicial work and help for a better efficiency of judicial procedures; our team of Spanish attorneys can offer more details on the above-mentionedcourts. However, it is important to know that the courts offices were established under the Organic Law on the Judiciary, which has the purpose of increasing the transparency of the proceedings.
What are the main types of courts in Spain?
In Spain, the judicial system contains several types of courts, as follows: administrative, civil, criminal, military and labor courts. In civil courts, also known under the name of ordinary courts, individuals can address to judges on various types of disputes which can be handled in numerous courts, as they are not assigned to a certain court. Criminal matters are handled through criminal courts and the administrative courts deal with documents issued by authorities.
The labor courts are entitled to perform legal procedures related to claims regarding the rights and obligations stipulated under an employment contract. It is important to know that the Spanish government is established under the following three main structures: the legislative power, the executive power and the judicial power.
You can also count on our lawyers in Spain also for other financial issues, such as payroll services, corporate and dividend tax, tax minimization etc. They may recommend you experienced accountants who are ready to offer professional advice and consultancy. Ourlaw firm in Spain may represent you and offer legal consultancy in issues related to civil and family law issues. For details regarding the legal services we offer and our special prices, you may contact our lawyers in Spain.
Meet us in Madrid
Federico Richardson is a lawyer experienced in dealing with international clients interested in doing business in Spain especially in corporate and real estate sectors. He is a graduate of the University of Navarra, took part in various businesses and now he coordinates the engagements at Lexidy Law Boutique SLP. Contact us for details
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