The notary deed and what forming a company really costs

Terms used

• Registro Mercantil — The Registro Mercantil is the public Mercantile Registry where companies must be registered to exist legally.
• Modelo 600 — The Modelo 600 is the tax return for transfer and stamp duties that you file for a notarial deed.
• Gestoría — A gestoría is an administrative agency that handles paperwork and filings with Spanish authorities for a fee.
• BORME — The BORME is the official gazette where new companies and registry entries are published.
• Apostille — An apostille is a certificate that makes a foreign public document valid in Spain.

Key rules

• Regulated fees: Notary and registry fees follow official tariffs, so shopping around will not change them.
• Capital tax: Forming an SL is exempt from tax on the capital you contribute.
• Modelo 600: The exemption does not remove the return: file the Modelo 600 within 30 working days.
• Extras: Gestoría, bank, certificate and translation costs are on top and vary by provider.

Fee amounts are indicative only; confirm current notary and registry figures with the notary and the Registro Mercantil before budgeting.

What you will pay in total

Budget for a few hundred euros in regulated fees (notary and registry), plus whatever you pay for extras such as a gestoría. Tax on the capital itself is not charged, but you still have a tax return to file. Amounts below are typical ranges, so ask each provider for a quote before you commit.

Notary fee

The notary charges a regulated tariff, so it is the same whichever notary you choose. It depends on your share capital and on a fixed amount per page of copy, with reductions applied. For an SL with low capital, expect a total of a few hundred euros. More pages and more copies raise the price. Ask the notary for the final figure before the signing appointment. What to bring is in the document list below.

Registry fee

The Registro Mercantil also charges a regulated tariff based on your share capital. It has a minimum, and filing electronically gets a discount. The Registro Mercantil Central adds a charge for publishing the company in the BORME, the official commercial gazette. Together, expect roughly a hundred euros to a few hundred, depending on capital.

Tax on forming the company

Forming an SL is exempt from the tax on corporate operations, so you pay no tax on the capital you put in. You must still file the deed tax return (Modelo 600) within 30 working days. The exemption applies across Spain's common-tax territory. The Basque Country and Navarra have their own regimes with similar treatment, so check locally if you form the company there.

Other costs to plan for

• The negative name certificate fee.
• Bank account opening or maintenance charges.
• A digital certificate. For individuals it is often free from the FNMT.
• Gestoría or lawyer fees if someone handles the process for you. These vary widely, from low to several hundred euros.
• The corporate books.
• Translation or apostille for documents from foreign founders.

Get written quotes for the optional items. The regulated fees are the same for everyone, but gestoría prices are not.

Common mistakes

• Budgeting only for the notary and forgetting the registry, publication charge and extras.
• Assuming the tax exemption means no paperwork. The Modelo 600 deadline still applies.
• Treating the figures here as final. Confirm current amounts with the notary and the Registro Mercantil.

What to bring to the notary to sign the deed

What to bring to the notary

• Valid ID for every founder: a DNI, or for foreigners a NIE together with the passport.

• The negative name certificate (certificación negativa de denominación) from the Registro Mercantil Central, signed within its three-month validity.

• The bank certificate showing the capital deposited in an account in the company's name. Bring one issued recently, in practice within about two months of signing. It is not needed for contributions in kind.

• The draft statutes of the company.

• Each founder's tax identification number and address, plus beneficial-owner details (the people who ultimately own or control the company), which the notary files for you.

• Details of the administrators, the registered office address and the corporate purpose.

Frequently asked questions

How much does the notary charge for forming an SL?

For an SL with low capital, the notary's total is typically a few hundred euros. The fee follows a regulated tariff based on the share capital and a fixed amount per page of copy, so the final figure depends on the capital, the page count and how many copies you ask for. Ask the notary for a quote before signing.

What does registering the new SL at the Registro Mercantil cost?

Registry fees are typically somewhere between about a hundred and a few hundred euros in total. They follow a regulated tariff based on the share capital, with a minimum and a discount for electronic filing.

What other costs come on top of notary and registry fees?

Expect smaller extras: the name certificate fee, bank account charges, and the corporate books. Foreign founders may also pay for translations or an apostille (an official stamp that validates a foreign document). A gestoría (a local administrative adviser) or lawyer who handles the process can charge from a low amount to several hundred euros, depending on the provider. A digital certificate is often free for individuals.

Do I pay tax on the capital when I form the SL?

No, forming an SL is exempt from the corporate-operations tax, and the deed pays no stamp duty in practice.