Requirements, procedures and documentation for foreigners in Spain
Are you a foreigner and want to undertake in Spain? Do you have an innovative project and want to create a business in Spain but are you from another country? Can foreigners open a company in our country? The answer is yes. The agreements in force between the EU member countries and the territories included in the European Economic Area, establish that any EU citizen has the right to create their own company (even as sole owner). It is also allowed to create a branch of a company already established, with registered office and registered in the EU. Of course, you must comply with a series of requirements, take certain aspects into account and carry out the necessary procedures to be able to operate legally.

Requirements for a foreigner to undertake in Spain

A foreigner who wants to create his business in Spain must meet the following requirements:

Reside in Spain legally.
That the idea of ​​the company has the ability to create jobs and is of economic interest to Spain.
Be of age
No criminal record in the last five years.
Do not appear as "rejectable" in Spain or in any country with which you have agreements.
Have health insurance in our country.
Proof that you have sufficient resources for its maintenance and accommodation, in addition to having the necessary investment to start operating.
Have the training and experience required for the project.
Comply with current regulations on the necessary opening requirements, depending on the type of business.
Differences between foreigners belonging to the European Union and those who do not

When establishing a company in our country, it is also important to differentiate between European citizens and those who do not. In this sense, in addition to the members of the EU, they consider themselves members of the community that belong to the European Economic Area and Switzerland, Iceland, Norway or Liechtenstein. All of them can work without more requirements than the previous ones. However, if you plan to stay for a period of more than three months, you must also register with the Central Register of Foreigners at the Ministry of Foreign Affairs or at a police station.

For their part, foreigners from outside the EU must apply for an entrepreneur visa, in addition to a residence permit for entrepreneurs, after paying the applicable fees.

Steps to create a company in Spain from another country

If the requirements are met, it's time to start the project. For this, you must present the following documents translated into Spanish at the corresponding Consular Office and perform the following procedures.

The first thing is to open a bank account in Spain.
Secondly, it is necessary to have a report of interest in entrepreneurial activity and a business plan. In addition to proving the interest of the project in the Spanish economy, it will be indicated if the project is viable or not.
Submit the application form in the official model (EX-07) in duplicate, duly completed and signed.
Next, you must register with the Treasury and register the company in the Mercantile Registry. It is possible to do it in the portal CIRCE (Information Center and Business Creation Network), telematically.
In cases where the business is a retail trade, and a premises with an area equal to or less than 300 square meters is required, the corresponding tax payment must be paid, as well as the statement of responsibility.
In the rest of the activities, it is mandatory to certify the licenses required for the development of the activity, indicating the necessary procedures and certifications.
Present the valid passport.
Pay the residence and work fees. These will accrue at the time of admission to the application process, and must be paid within ten business days:
Model 790 code 052, section 2.1 initial authorization for temporary residence.
Model 790 Code 062, section 1.5 “Self-employment authorizations.
In addition to all of the above, documentation must be submitted to demonstrate compliance with the requested requirements: medical certificate, invalidity of a criminal record, justification of investment capacity, etc.