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viernes, 23 de octubre de 2020


What is a company Constitution and what is it for? 


You already have your great business idea and you are determined to become a freelancer and start your project. But to start your business it is necessary to establish and legalize the company through two essential procedures: the choice of the legal formula through which to operate and the completion of all the paperwork with the administrations.

Starting a company can be a long and complicated process due to the multiple bureaucratic procedures that must be managed and although everything is increasingly digitized to make these processes more agile, there are many requirements that a company must meet in order to be established. It is a laborious task that takes between 20-30 days if nothing is delayed.

The first thing to do is to know well the steps to follow in the constitution and legalization of your company.

1.- You need a BUSINESS PLAN.

Planning is the best ally in a company and especially if, you start your business career now. It will allow you to be clear about where you want to go and what steps you have to take in order to achieve your objectives satisfactorily, as well as define the organization of the business structure that will help you so much in decision-making and the day-to-day running of your company.


Choosing the legal form is another important step when creating your company. There are different legal figures depending on the capital, the number of partners or their responsibility and your choice will have repercussions at the labor, tax or third-party level. The legal forms are divided between:

- Commercial companies (collective society, simple limited partnership or capital company) and special commercial companies (labor company, cooperative company, reciprocal guarantee companies, venture capital entities, economic interest groups or real estate investment company).


The most chosen figure among SMEs is usually the limited liability company


3.- The next step is to carry out a series of business incorporation procedures with the Administration.

Request the available certification of the COMPANY,S COMPANY NAME to prove the exclusivity and non-existence of another company with the same COMPANY NAME

Decide the capital stock of the company. Depending on the type of company chosen, there is a bank deposit with a minimum amount of money to be able to start business. For example, a limited company the minimum is € 3,000 and a public limited company requires € 60,000 to be incorporated.

Draft the statutes of the company, essential to carry out the public deed of the incorporation of the company. They are the rules that will govern the company, as well as the solution to possible problems and the guidelines to follow in different situations and development. (partners,% partners, registered office, administration system, administrator (s), corporate purpose as broad as possible to serve in possible new activities of the company, administrator remuneration article ...)

Request the CIF of the new company in the AEAT

Elevation to public the constitution of the company. It will be done before a Notary, who is the one who will give form and validity to all the statutes and regulations that we have previously mentioned.

Finally, the company must be registered in the Mercantile Registry of the province, thus registering them in the databases of Spanish companies and publishing their registration in the B.O.E. There is a period of 30 days to be able to make the registration both in the Mercantile Registry as well as the liquidation in the Property Registry.

Request ELECTRONIC SIGNATURE, it will be necessary to request an appointment at the corresponding AEAT and the administrator to appear in person to request said signature since it is mandatory for legal entities and will be the way to communicate and receive notifications from public administrations.

Registration of activities and tax obligations in the AEAT to which we will indicate the obligation to file corporate tax, the obligation in terms of VAT and in the withholding census in the case that personnel have to be hired.

Registration for the Administrator in the Social Security Scheme

4.- It can now be said that your company is incorporated and has full legal capacity.

5.-In the event that we do not opt for a legal entity, we can register as an individual entrepreneur or NATURAL PERSON and the steps to follow are as follows:

Specify the activity or activities that we are going to carry out, if we are going to have a place to carry out the activity or not and if we are going to initially have employees or not.

Registration with the AEAT with the activity or activities that we are going to carry out as well as the tax obligations that said activity or activities need (personal income tax, VAT, Withholdings….)

Registration in the Self-Employed Social Security Scheme

6.- You can already say that you are an individual entrepreneur.