info@investinmadrid.com
O`Donnell, 12. 28009 Madrid

Administrative formalities

We accompany you to the public administration to obtain all the permits.

Anyone wishing to carry out an activity in Spain must create a commercial company.

Create a commercial company

Any foreign investor wishing to carry out an activity in Spain must, prior to the opening of the company, obtain the NIE (Foreign Individual’s Identification Number) or NIF (Tax Identification Number, for legal entities). The time required to obtain the product is between 5 and 7 days.

  • NIE in Spain: It is requested at the General Directorate of the Police or Civil Guard, Immigration Offices or Police Stations
  • NIE abroad: consular or diplomatic offices
  • NIF: At the State Agency of Tax Administration

Subsequently, the investor must:

Proceedings

  1. Request a Negative Certification of Denomination.
    This serves to register the entity and to prove that another entity with the same name is not already registered in the registry. It can be processed at any of the Entrepreneur Service Points (PAE) of Madrid Region, where assistance is provided for the start, exercise and termination of the business activity.
  2. Requesting the provisional NIF of the company.
  3. This is done using form 036, which is used both to present to the Tax Agency the census declaration of the start of activity and to request the provisional Tax Identification Number (NIF).
  4. Open a bank account.
  5. It must be opened in a credit institution operating legally in Spanish territory, and the capital stock contributed by the partners must be deposited therein.
  6. Execute the public deed of incorporation
  7. It is carried out before a notary public, and must include the contributions made by each of the partners, the company’s bylaws or the CNAE code of the economic activity to be carried out by the company.
  8. Filing of the self-assessment document
    It is necessary to submit to the taxpayer website of Madrid Region
  9. a form for the tax on Property Transfer and Stamp Duty (ITP and AJD) settled at 0 with a claim for exemption.
  10. Register the company in the commercial registry.
    The deadline is two months from the date of execution of the deed.
  11. Request the definitive NIF.
    The exchange of the provisional NIF for a definitive NIF must be requested by means of the appropriate census declaration of modification (form 036 to the AEAT).
  12. Make the declaration of the foreign investment.
    This is done for informational and statistical purposes, and with a deadline of up to one month after the registration of the company. There are certain exceptional cases that require prior authorization for certain activities (more information below).
  13. Registration in the tax on economic activities (IAE).
    Individuals and legal entities are exempt from this tax during the first two years of the fiscal year, as well as those whose net turnover is less than one million euros.
  14. Registration with Social Security.
  15. The application shall be made on form TA.6 and shall be filed prior to the commencement of activities with the Provincial Directorate or Administration of the General Treasury of the Social Security where the employer’s domicile is located.
  16. Notification of the opening of a work center.
  17. This procedure can be carried out using the Single Electronic Document (DUE) at the Entrepreneur Service Point (PAE) up to 30 days after opening.
  18. Registration of the workers with the Social Security
    Send form TA.1 to the Madrid Provincial Directorate of the General Treasury of the Social Security.
+ INFO

If you have any questions about how to carry out any of these procedures

We will be pleased to help you

CONTACT US

Foreign investment declaration

Opening a business in Spain does not require prior authorization or notification, although it must be declared a posteriori, within a maximum period of one month, to the Directorate General for International Trade and Investment.

There are exceptions that do require the prior approval of the authorities, depending on the origin of the capital or the sector to which the investment is directed:

  • Investments affecting the exercise of public power, public order, public safety and public health.
  • Investments from tax havens.
  • Foreign investments in activities related to national defense.
  • Foreign investments in activities related to arms and ammunition for civilian use.
  • Foreign investments from outside the EU or EFTA if investing in critical sectors or if the investor is controlled by a foreign government.

*Due to the situation caused by the global Covid-19 pandemic, Spain suspended the liberalization of foreign investments, extending the cases in which the investment must be subject to prior authorization.

+INFO

How to make the declaration?

Both the prior authorization and the subsequent declaration are made to the Directorate General for International Trade and Investment. There are several forms to be completed depending on the type of investment and the source of the capital. You can consult them on the website of the Secretary of State for Trade

Steps for processing:

  1. Obtain the form through the AFORIX website
  2. Fill out the form
  3. Electronic signature through digital certificate

File the +INFO declaration electronically

Do you need to know how to fill in the form or how to file electronically?

Contact us and we will send you our guide

CONTACT US

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WE HELP YOU TO SET UP YOUR COMPANY IN MADRID

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COMMITMENT TO ETHICAL AND RESPONSIBLE CONDUCT

The foreign investor expresses their utmost will and commitment to ethical, responsible and sustainable conduct, as well as due compliance to the regulations applicable to all their activities and operations. In this sense, they commit to duly complying with the regulatory framework that applies to them, as well as implementing ethical, responsible and crime-preventing procedures and/or policy measures.

Said commitment requires the investor to formally transmit this ethical and responsible conduct duty to all those involved and/or all participants in their business area and/or project in Invest In Madrid; specifically, to all employees, executives, collaborators, providers, clients and, in general, any person or entity related to them.

As a way to facilitate follow-up and implementation of said commitment, Invest In Madrid has developed conduct guidelines and guides for the appropriate follow-up and implementation of the aforementioned commitment. As a result, a corporate Code of Ethics was developed. It establishes the principles and values of ethical and responsible conduct, along with the rights, duties and responsibilities in terms of regulatory compliance of Invest In Madrid to all the people involved in this project.

Thus, the investor declares they have access to the aforementioned Code of Ethics, which they are aware of and voluntarily assume, for the purposes of applying the commitments and obligations included therein. In this sense, the investor commits to always acting with due diligence, in the interest of guaranteeing regulatory compliance, and, in particular, of preventing corporate criminal liability that could arise from their conduct.

Likewise, the investor commits to responding to the veracity of the data included on the platform and to the correct use of the information, professional services and tools provided by Invest In Madrid, in any moment from the start, set-up and subsequent expansion of the business.

Finally, as a guarantee of the exact and appropriate application of our ethical and responsible commitment, the investor assumes the responsibility of communicating to Invest In Madrid any indication, suspicion or evidence of possible regulatory non-compliance, crimes, unethical conduct and, in general, actions or conduct that run counter to the entity’s protocols, regulations and codes of conduct, included in the aforementioned Code of Ethics; through the Internal Information System provided for that purpose. All this with the guarantees and requirements of confidentiality, data protection, independence and protection of the informant established by the regulatory framework applicable to said System.

Invest In Madrid appreciates your support and collaboration with our commitment to ethics and regulatory compliance, as a mechanism for detecting any irregularities and aligning your responsible conduct with the fundamental values and principles that underly the ethical culture of our entity.

Data controller information

Identity: FUNDACIÓN MADRID POR LA COMPETITIVIDAD (CIF G84442755)
Address: Calle Velázquez, 53, 28001, Madrid
Phone: 91 220 28 00
E-mail: protecciondatos@fundacionmadrid.org

— Purposes of the processing

FUNDACIÓN MADRID POR LA COMPETITIVIDAD will process the information provided to us by interested persons for the following purposes:

  • To handle applications and documents from companies applying for the “Madrid Excelente” seal, as well as applications and documents related to other FUNDACIÓN MADRID POR LA COMPETITIVIDAD activities (Madrid Excelente Awards for Customer Trust, among others).
  • To handle any type of request, suggestion or question about our services from the individuals concerned.
  • For commercial communications: Processing your data for the purpose of informing you about activities, articles of interest and general information about our services via email.
  • For invitations to events and conferences: for the purpose of granting access to events and conferences organised by FUNDACIÓN MADRID POR LA COMPETITIVIDAD.
  • To promote events and conferences on social media: for the purpose of publicising the content of the events and conferences organised by FUNDACIÓN MADRID POR LA COMPETITIVIDAD. Said promotion includes both static and dynamic images.
  • To manage information provided by candidates for job positions through their Curriculum Vitae (CV), for the purpose of the selection and recruitment process. You expressly authorise FUNDACIÓN MADRID POR LA COMPETITIVIDAD to process your data for the stated purpose, allowing them to publish your name and surname(s), as well as qualifications obtained, if the organisation’s website deems it necessary.

 

FUNDACIÓN MADRID POR LA COMPETITIVIDAD will treat the data and information provided for the selection processes with the strictest confidentiality, adopting the technical and organisational measures necessary in order to avoid loss, incorrect use, alteration and/or unauthorised access. Data retention: Furthermore, we inform you that FUNDACIÓN MADRID POR LA COMPETITIVIDAD may store your Curriculum Vitae for a maximum period of one year. After that time, it will automatically be removed.

— Data retention criteria

  • Management of Curriculum Vitae: FUNDACIÓN MADRID POR LA COMPETITIVIDAD may store your Curriculum Vitae for a maximum period of one year. After that time, it will automatically be removed, pursuant to the data quality principle.
  • For commercial communications: Any person can unsubscribe from these communications at the following email address: protecciondatos@fundacionmadrid.org
  • The rest of the data and information shall be kept for as long as necessary to fulfil the purpose for which they were collected.

— Legitimation

The legal basis for the data processing is the consent of the individuals concerned to:

  • Processing and management of any request for information or questions about our services.
  • The sending of commercial communications by FUNDACIÓN MADRID POR LA COMPETITIVIDAD.
  • The sending of invitations to conferences and events organised by FUNDACIÓN MADRID POR LA COMPETITIVIDAD, as well as attendance control of said conferences and events.
  • The sending of your curriculum vitae.

— Recipients

Personal data is not disclosed to third parties, unless legally required to do so. International data transfers to third countries are not carried out either.

— Source

Personal data is obtained directly from the individuals concerned and our collaborators. The personal data categories that our collaborators provide us are the following:

  • Identification data.
  • Addresses or email addresses.
  • Images.
  • No sensitive data is processed.

— Rights

Right of Access, Rectification and Erasure: The individuals concerned have the right to obtain confirmation about whether FUNDACIÓN MADRID POR LA COMPETITIVIDAD is processing personal data that may concern them or not. The individuals concerned have the right to access their personal data as well as to request the rectification of inaccurate data, or, if applicable, to request their erasure when, among other reasons, they are no longer needed for the purposes they were collected.

 

Right to Restriction: In certain situations, the individuals concerned might request restricted processing of their data; in such cases, we shall only store them to make or defend claims. In certain circumstances, and for reasons related to their specific situation, the individuals concerned may object to the processing of their personal data. FUNDACIÓN MADRID POR LA COMPETITIVIDAD will stop processing the data in this case, except for compelling legitimate reasons, or to make or defend possible claims.

 

These rights may be exercised at www.corporate-line.com/cnormativo-madrid-competitividad.

– Updates and modifications

FUNDACIÓN MADRID POR LA COMPETITIVIDAD reserves the right to modify and/or update data protection information when necessary, in order to comply with the Data Protection Regulations. If any modifications are made, the new text shall be posted on this page, where you shall have access to the updated policy. In all cases, the relationship with users will be governed by the regulations established at the precise moment the website is accessed.

This legal disclaimer contains the conditions that govern use and access of the websites https://investinmadrid.com/ and www.fundacionmadrid.org, (hereafter the website) and the responsibilities arising from its use.

Fundación Madrid por la Competitividad understands that website access and navigation on the part of the user implies that they accept all the conditions published by Fundación Madrid por la Competitividad on the website at that time.

The FMC is a Madrid Region non-profit organisation, under the Ministry of Economy, Finance and Employment. Its objective is to improve business competitiveness. It consists of the organisations Madrid Excelente and Invest in Madrid.

 

— PURPOSE

The purpose of this site is to provide information on FMC’s activities.

 

— INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The contents of the website (text and photographs) are owned by FMC. The rest of the features, buttons, software files, colour combinations, as well as the structure, selection, organisation and presentation of the contents are owned by ‘wordpress’ and are protected by Spanish and international Intellectual and Industrial property laws.

Under no circumstances does accessing this website imply any type of total or partial waiver, transmission or transfer of the rights granted by Spanish and international legislation on Intellectual and Industrial property.

Reproduction (except for temporary downloads from the website to the hard drive of the user’s computer or to proxy servers), copying, use, distribution, reuse, exploitation, making of second copies, sending by mail, transmission, modification, transfer or any other act that is done with all or part of the information contained on this website that has not been expressly authorised by the owner is prohibited. Disseminating images is only permitted with explicit reference to their creators (FMC).

The user under­takes to use the contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from deleting, evading or manipulating the copyright and other data identifying the rights of FMC or its owners incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be included in the contents. Moreover, the user will abstain from using the contents, and, in particular, any type of information obtained through the site to send advertising, communications for the purpose of direct sale, or unsolicited messages to a large number of people regardless their purpose, as well as refraining from marketing or distributing said information in any manner.

 

— ACCESS

Users may access the site freely and free of charge.

 

— RESPONSIBILITY AND OBLIGATIONS

RESPONSIBILITY FOR THE CONTENT

The content of this website is of a general nature, with an exclusively informative purpose and effects of FMC’s activities and services.

FMC disclaims any liability for any decision taken by the user of the website as a result of the information contained therein, especially in regard to the technical features of the cables.

FMC accepts no responsibility for any information not created by FMC or not published under its name in an authorised manner, as well as any responsibility arising from the misuse of the contents. FMC also reserves the right to update, eliminate, limit or prevent access to the contents, either temporarily or permanently.

 

RESPONSIBILITY IN THE EVENT THAT THIS PAGE IS THE DESTINATION OF A LINK FROM A DIFFERENT PAGE

As regards links established by other pages to this site as well as if any user, entity or Web page wishes to establish any type of link to the FMC website, they must comply with the following conditions:

– They must seek permission before setting up the link and the granting of such permission must be expressly stated.

– Only the home page may be linked to.

– The link must be absolute and complete, meaning that it must direct the user to FMC’s web address and it must fully cover the entire extension of the screen of the home page.

– No erroneous or incorrect indications shall be provided with regard to the FMC page.

– Written authorisation is required in order to display any distinctive sign of FMC, such as trademarks, logos or name.

– The Owner of the website posting the link must be acting in good faith and not set out to harm the reputation or good name of FMC.

– It is forbidden, unless expressly authorised by FMC, to register the text elements of the trademark or logo, the domain name or the name fundacionmadrid.org as a keyword (metatags or metanames) for websites searches performed through search engines.

FMC declines any type of responsibility for any aspect relating to the pages that post the link. The establishment of a link does not imply the existence of any type of relationship, collaboration or dependency between FMC and the owner of that web page.

 

RESPONSIBILITY FOR TECHNICAL ASPECTS

FMC does not guarantee the continuity of the operation of the website, nor does it guarantee that the website will be operative and available at all times.

FMC accepts no liability for direct or indirect damages, including damage to computer systems and the introduction of Internet viruses, arising from the Internet browsing necessary for the use of this website.

 

OBLIGATION OF USERS

The user shall be liable for any damages that FMC may suffer as a consequence of noncompliance with any of the obligations determined in this legal disclaimer.

With regard to browsing, the user undertakes to diligently and faithfully observe the recommendations that FMC establishes at any given time in relation to the use of the site. For these purposes FMC shall address users by any means of communication through the website.

 

— DURATION AND MODIFICATION

FMC shall have the right to unilaterally modify the terms and conditions stipulated herein, in whole or in part. Any changes will appear in the same way as they appear in this legal disclaimer.

The duration of the validity of this legal disclaimer therefore coincides with the time of its display, until the time it is totally or partially modified by FMC.

FMC may unilaterally terminate, suspend or interrupt the operation of this website, with the user having no possibility to request compensation. Following said termination, the user must destroy any information about FMC that they own in any format and have obtained through the site or through the communications made individually to the user by it.

 

— LEGISLATION AND JURISDICTION

These terms of use are governed by Spanish law.

Users and FMC, expressly waiving their own jurisdiction, shall submit all interpretations or conflicts which may arise from this legal disclaimer to the Courts and Tribunals of Madrid.

COMMITMENT TO ETHICAL CONDUCT AND PROFESSIONAL RESPONSIBILITY

The local partner expresses their utmost will and commitment to ethical, responsible and sustainable conduct, as well as due compliance to the regulations applicable to all the activities and operations they contribute to Invest In Madrid. In this sense, they commit to duly complying with the regulatory framework that applies to them in the services and activities published on the web page, as well as implementing ethical, responsible and crime-preventing procedures and/or policy measures.

As a way to facilitate follow-up and implementation of this commitment, Invest In Madrid has developed conduct guidelines and guides for the appropriate follow-up and implementation of the aforementioned commitment. As a result, a corporate Code of Ethics was developed. It establishes the principles and values of ethical and responsible conduct, along with the rights, duties and responsibilities in terms of regulatory compliance of Invest In Madrid and its collaborating partners.

This is the framework of ethical and responsible conduct that all local partners have the duty to apply and formally transmit to all those involved and/or all participants in the area of the provision of services provided to Invest In Madrid (employees, executives, collaborators, providers, clients and, in general, any related person or entity). Thus, the local partner declares they are aware of and voluntarily assume the aforementioned Code of Ethics, for the purposes of applying the commitments and obligations included therein.

Likewise, the local partner accepts that they have the technical capacity, guarantees and experience needed to offer the investors the services included in the area of Invest In Madrid, with the necessary technical, legal and organisational requisites and high quality and safety standards. Therefore, the local partner commits to always acting with due professional diligence, in the interest of guaranteeing regulatory compliance, and, in particular, of preventing corporate criminal liability that could arise from their conduct. Likewise, the local partner is responsible for the veracity, accuracy, validity and authenticity of the information included in the form and/or provided through any other means.

Finally, as a guarantee of the exact and appropriate application of our ethical and responsible commitment, the local partner assumes the responsibility of communicating to Invest In Madrid any indication, suspicion or evidence of possible regulatory non-compliance, crimes, unethical conduct and, in general, actions or conduct that run counter to the entity’s protocols, regulations and codes of conduct, included in the aforementioned Code of Ethics; through the Internal Information System provided for that purpose. All this with the guarantees and requirements of confidentiality, data protection, independence and protection of the informant established by the regulatory framework applicable to said System.

Invest In Madrid appreciates your support and collaboration with our commitment to ethics and regulatory compliance, as a mechanism for detecting any irregularities and aligning your responsible conduct with the fundamental values and principles that underly the ethical culture of our entity.

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