Can a non-resident or non-EU foreigner own and run a Spanish company?

Terms used

• NIE — The NIE is the Spanish tax ID number for foreign individuals.
• NIF — The NIF is a Spanish tax ID; for foreign companies it starts with N.
• AEAT — The AEAT is Spain's tax agency, which issues NIFs to foreign companies.
• Domicilio social — The domicilio social is the company's official registered address in Spain.

Key rules

• Who can own: Spain sets no nationality or residence limit on holding shares in an SL.
• Tax ID first: Every shareholder needs an NIE or NIF before the deed, or the notary will not sign.
• Spanish address: The SL needs a registered address in Spain, even if all owners live abroad.
• Bank account: Some banks refuse non-residents, so confirm one will open your account before you plan the deposit.

Can you own a Spanish SL as a foreigner?

Yes. Spain sets no nationality or residence limit on who can hold shares in an SL. Non-residents, non-EU individuals, foreign companies and trusts can all be shareholders. You can also run the company as its administrator. To do it, you need three practical things: a Spanish tax ID, a bank account and a registered address in Spain.

Tax ID

Every shareholder needs a Spanish tax ID before the deed is signed. Individuals need an NIE. Foreign companies need an NIF, which starts with N. The notary will not sign without them.

• You can request an NIE from the Policía Nacional foreigners' office or a Spanish consulate abroad. A representative can also do it for you.
• A foreign company gets its NIF from the AEAT by filing form 036. This is usually done by a representative or at a consulate. You will need the company's constitutional documents, certified and apostilled.

Processing times vary by office, so start this first.

Bank account and share capital

Non-residents can open Spanish bank accounts, but some banks refuse them. Ask before you commit. Expect to give your passport, NIE, proof of your address abroad, the source of your funds and a description of the activity. Many banks also want you to come in person.

The notary normally accepts a bank certificate showing the capital deposit. Two alternatives are a deposit made in the notary's name or a contribution in kind.

You can set up an SL with as little as €1 of share capital. If you do, the company must set aside (reserve) its profits until it reaches the old €3,000 minimum.

Registered address

A Spanish SL needs a registered address in Spain, the domicilio social. It applies when the company's main base, management or business is in Spain. Foreign ownership does not change this. The address can be an office, a domicile service or a representative's address.

Limits to check

Foreign-investment screening and anti-money-laundering rules on beneficial ownership can apply. Trusts must identify the settlor, trustees and beneficiaries. Some regulated sectors have their own limits. If your business is in a regulated sector, ask a Spanish adviser before you start.

The documents list, checklist and quick answers below cover the paperwork in detail.

Documents you need

Documents to have ready

• NIE (foreigner's tax ID number) for each individual shareholder, issued by the Policía Nacional foreigners' office or a Spanish consulate abroad.

• NIF (tax ID starting with N) for each foreign company shareholder, issued by the Spanish tax agency (AEAT) after form 036 is filed.

• The foreign company's constitutional documents, needed to get its NIF, certified and apostilled.

• Passport, to open a Spanish bank account as a non-resident.

• Proof of your address abroad, for the bank.

• Bank certificate of the capital deposit, which the notary normally accepts.

Checklist

Before you move on

• Request an NIE for each individual shareholder from the Policía Nacional or a Spanish consulate abroad, or through a representative.

• File form 036 with the AEAT, usually through a representative or a consulate, to get an NIF for each foreign company shareholder.

• Ask a bank whether it accepts non-resident accounts, and what it needs: passport, NIE, proof of foreign address, source of funds, a description of the activity, and possibly an in-person visit.

• Choose how to deposit the share capital: a bank account, a deposit in the notary's name, or a contribution in kind.

• Line up a Spanish registered address, such as an office, a domicile service or a representative's address.

• Check the minimum share capital for your SL: at least €1 is allowed, but you must then reserve profits.

Quick answers for foreign company owners

Can a non-EU foreigner or a foreign company hold shares in a Spanish SL?

Yes, Spanish law sets no nationality or residence limit on who can hold shares in an SL, so non-residents, non-EU individuals, foreign companies and trusts can all be shareholders. Trusts must name the settlor, trustees and beneficiaries.

Can an administrator living abroad sign tax filings and banking documents?

Yes, an administrator abroad can file taxes online with an electronic certificate, or with a Cl@ve account if registered, which needs an NIE. Another option is a gestor (a professional who handles filings for you) acting under a power of attorney. Banks usually ask for ID, proof of address and source of funds, and often a video call or visit.

What documents must a foreign company shareholder bring for the deed?

A foreign company shareholder normally brings a certificate of incorporation or commercial registry extract, its articles of association, proof that the signatory has authority, its tax ID and details of its beneficial owners. Foreign public documents need an apostille if the country is in the Hague Convention, or full consular legalisation if not. Documents not in Spanish need a sworn translation, though some notaries accept a simpler one.

Do I need an interpreter at the notary if I do not speak Spanish?

Yes, if you do not understand Spanish, the notary must be sure you understand the deed, usually with an interpreter of your choice who signs the deed. Many notaries offer a deed in two columns, Spanish and English. Any foreign-language document attached to the deed generally needs a translation.