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Setting Up in Spain

Open your company in Spain in your language and with the right legal structure from day one.

We will set up your company in Spain with its contracts and data framework.

§ 1

Approach

The structure you enter Spain with determines your liability and your taxation, and it is chosen before anything is incorporated.

The right form

We will analyse with you whether a subsidiary, a branch or a permanent establishment suits you, with your business model in front of us.

The steps that set the pace

We will start with the identification numbers for shareholders and directors and the apostilles, because they are what most delays an incorporation.

All remote and in your language

Incorporation, contracts and data protection will be handled with electronic signatures and in Spanish, English, German or French, and nobody will have to travel.

§ 2

Engagement

Foreign companies
We will set up your company in Spain with its contracts and data framework.
€5,000 + VAT
3 weeks

El importe exacto se cierra en la hoja de encargo antes de pagar, con los gastos previsibles incluidos. Si el encargo se alarga, no pagas más.

§ 3

Process

How the engagement unfolds

Pre-Consultation NDA

A unilateral confidentiality agreement signed by PASSAS before the video consultation, available at no additional cost on request. It binds the firm alone — no signature is required from the client — and adds an explicit contractual layer on top of the professional secrecy obligations inherent to the practice of law.

Initial Consultation

A 60-minute working session by video call in which we analyse your situation, your specific needs and our ability to help you. We assess whether we can take on the matter and give you the fixed price in advance. You can book it directly through the Google Calendar link on our website and pay €90 by Stripe.

Market Entry Memorandum

Legal analysis of the establishment options available to a foreign company seeking to operate in Spain: subsidiary, branch, permanent establishment or other structures. Determines the recommended structure on the basis of the relevant operational and liability factors, and sets out the map of applicable legal obligations.

Data Pack

The documentation required for GDPR compliance and, more broadly, for any rules on data protection and on the processing and transfer of data, including international transfers, both in dealings with users and with the providers that process data on your behalf, with the legal mechanisms needed to operate without regulatory exposure.

Service Pack

Contractual documentation to formalise relationships with clients and suppliers, with the terms, liabilities and scope clearly defined from the first engagement. Includes the services agreement adapted to the company's operations, with limitation of liability clauses and payment terms, ready to sign.

§ 4

Team

Who handles it

Guillermo Passas Varo, founding partner of PASSAS

I see legal practice as a discipline of precision. I work where the law meets technology and cross-border operations, and I read code and contracts with the same attention. Before accepting an engagement I tell you whether it is worth pursuing and what it costs, at a fixed price.

§ 5

Questions

What people ask before instructing this service

Subsidiary, branch or permanent establishment?

A subsidiary is a Spanish company with its own legal personality, which ring-fences the liability of the parent and allows the business to operate without restriction. A branch has no separate legal personality, so the parent answers for its obligations, and its registration is quicker. A permanent establishment is a tax characterisation that can arise even without a formal structure, purely from how the business operates in the territory. The choice governs liability, taxation and contracting capacity, and it is decided inside the engagement with the business model in front of us.

Do I need a Spanish tax number to be a shareholder or director?

Yes. Foreign shareholders and directors need a Spanish tax identification number, and so do foreign companies holding shares in the new entity. It is the step that most often delays an incorporation, because it depends on administrative appointments and on the legalisation or apostille of corporate documents from the country of origin. For that reason it is handled at the start of the engagement rather than at the end.

How long before the company can trade?

The engagement runs to three weeks from the point at which the documentation of the parent and the shareholders is available. Incorporation in the strict sense (name reservation, capital, public deed and registration at the Commercial Registry) takes part of that time; the remainder goes on the contracts, data protection compliance and the documentation the company needs in order to start operating.

What does the price include and what falls outside it?

From €5,000 + VAT, at a fixed price agreed in the engagement letter. It covers the analysis of the form of establishment, incorporation, the contractual architecture, data protection compliance and the legal pack for your digital presence. Notarial and registry charges, public fees and taxes are not legal fees: they are set out separately because a third party sets them and a third party is paid.

What if my company already operates in Spain without a formal structure?

Then the question that matters is whether that activity has already created a permanent establishment and what obligations follow, which means reviewing contracts, commercial presence and invoicing flows before deciding anything. The 60 minute Virtual Consultation at €90 (VAT included) exists precisely for that, and the amount is deducted from the first invoice if an engagement follows.

Book your Virtual Consultation today.

Sixty minutes on Google Meet with a qualified lawyer. It costs €90 including VAT and will be deducted from the first invoice if an engagement follows.

Book a Virtual Consultation (€90)Tell us about your matter first

If you book, you will choose your lawyer and a time in Google Calendar. If you would rather tell us about your matter first, we will reply within 24 working hours.