Forming a company online or by the fast-track route

Terms used

• DUE — The DUE is the single electronic document used to start company formation through a Point of Single Contact.
• PAE — The PAE is a Point of Single Contact, an office or portal where you file the DUE to start a company.
• CIRCE — CIRCE is the state system for forming companies electronically through a Point of Single Contact.
• Estatutos tipo — The estatutos tipo are standard, ready-made company statutes that speed up formation and lower notary fees.
• NIE — The NIE is the identification number for foreigners in Spain.
• Gestor — A gestor is a professional agent who handles paperwork with Spanish authorities on your behalf.
• Cl@ve — Cl@ve is a government online identity system for limited procedures by individuals.

Key rules

• Fastest route: CIRCE with standard statutes is usually the quickest, typically a few days.
• Custom statutes: If you need statutes of your own, use online notarial signing or sign in person.
• No certificate: Without a Spanish electronic certificate, sign at a notary, sign by video with a recognised EU identity, or use a representative.
• Non-residents: You need an NIE before forming the company.

The short answer

You can form an SL faster than the traditional route in three ways. The fastest is usually the CIRCE route with standard statutes. Which one works for you depends mainly on whether you hold a Spanish electronic certificate and whether you need custom statutes.

The three fast routes

CIRCE through a Point of Single Contact (PAE). You fill in one electronic form, the DUE, through a PAE. The notary, registry and tax steps then run together. It typically takes a few days. The official target for SLs with standard statutes was about 48 hours, but real timing depends on how busy the notary and registry are.

Online notarial signing. You sign the deed electronically with a notary, using the notaries' platform. Custom statutes are allowed here. Notaries differ in how they handle remote signing, so ask yours before you commit.

Standard statutes at a notary. You use the ready-made statutes (estatutos tipo) and sign at a notary, in person or via CIRCE. Notary fees are lower and registration is faster. The trade-off is that you cannot tailor the rules of the company.

Spanish law also allows fully online formation with remote identification, in line with EU rules.

Which one should you pick?

• You want speed and are happy with standard statutes: use CIRCE.
• You need custom statutes: use online notarial signing, or sign in person.
• You want the cheapest, simplest set-up: standard statutes at a notary.
• You are abroad or cannot get a certificate: use a representative with a power of attorney (see below).

The CIRCE route is mostly used with standard statutes and simple capital structures. If your set-up is more complex, expect to use a notary directly.

If you have no Spanish digital certificate

You are not blocked. You can attend a notary in person. You can also sign remotely by video using a recognised EU electronic identity. Or you can appoint a gestor or lawyer with a power of attorney to file for you.

If you are not resident in Spain

You need an NIE before you form the company. You can sign yourself, or appoint a representative with a notarised power of attorney. Sign it at a Spanish consulate abroad, or have it carry an apostille.

After the company exists

The company must deal with the tax agency, Social Security and the Mercantile Registry electronically. So you or your representative will need an electronic certificate afterwards. Cl@ve covers only limited procedures for individuals.

The steps in order are in the checklist below. The documents you need are listed below as well.

Choosing between options

Which fast route should you use to form your SL?

• CIRCE through a Point of Single Contact: You are happy with standard statutes, a simple capital structure and want notary, registry and tax steps handled together, typically in a few days.

• Online notarial signing: You want custom statutes and can identify yourself electronically, so you sign the deed remotely through the notaries' platform.

• Standard statutes at a notary: You want lower notary fees and faster registration, and can attend in person or sign by video.

• A representative with power of attorney: You have no electronic certificate or are abroad, and a gestor or lawyer can act for you.

Choose standard statutes if you want the quickest, cheapest route; choose online notarial signing if you need custom statutes; use a representative if you cannot identify yourself electronically.

Documents you need

• Electronic certificate or electronic national ID (DNI electrónico), issued by a recognised authority, to sign and file fully online.

• NIE (foreigner ID number) for non-resident founders, obtained before forming the company.

• Notarised power of attorney if a representative acts for you, signed at a Spanish consulate abroad or carrying an apostille.

• Recognised EU electronic identity means, if you sign remotely by video without a Spanish certificate.

Checklist

• Check that you have an electronic certificate, or arrange a gestor or lawyer with a power of attorney to file for you.

• Complete the DUE (single electronic document) through a Point of Single Contact (PAE), for example via CIRCE.

• Request the name certificate at the Registro Mercantil Central.

• Open a capital bank account and deposit the capital.

• Sign the deed before a notary using standard statutes, often by electronic means.

• Confirm the notary has sent the deed electronically and the tax agency has issued the provisional NIF.

• Follow up the registration with the Mercantile Registry, then start your tax and Social Security registration.

Frequently asked questions

Can I form a company online without a Spanish digital certificate?

Yes, you can form a company without a Spanish digital certificate, but you must identify yourself another way. You can attend a notary in person, or sign remotely by video using a recognised EU electronic identity. A power of attorney for a representative also works.

Can I form a Spanish company from abroad if I am not a resident?

Yes, you can form a company from abroad, but you need an NIE (foreigner ID number) first.

Do I still need an electronic certificate after the company is formed?

Yes, in practice you will need one, because companies must deal with the administration electronically. It is generally needed for online filings with the tax agency, Social Security and the Mercantile Registry.