According to the National Statistics Institute (INE), more than 117,000 companies were created in Spain in 2024, which is 9.1% more than in 2023. This increase is partly due to the positive reception of Law 14/2013 on support for entrepreneurs and their internationalization, which facilitates the process of creating a company in Spain.

While this law introduced certain administrative conveniences, the process of creating a company in Spain can be somewhat more complex than that of registering as a self-employed person. We provide information in this article about how to create a company and what to consider when choosing the appropriate legal form.

What’s in this article?

• What types of companies can you create in Spain?
  
• Why create a company in Spain?
  
• Requirements to create a company in Spain
  
• Steps to create a company in Spain
  
• Frequently asked questions about creating a company in Spain
  
• How Stripe Atlas can help
  

What types of companies can you create in Spain?

It is important to choose the appropriate legal form for your business. This is true if you are taking the first steps in your business, creating a startup or small or medium-sized enterprise (SME), or expanding an already large company to Spain. Here are the most common types of companies in Spain:

• Limited liability companies (SLs)
  This form is an SME with partners who do not put their personal assets at risk. According to the INE, there were more than one million SLs in 2024, which makes them the most common legal form in Spain. Creating an SL is especially common in the case of startups and SMEs, since it requires simpler processes.

• Public limited companies (SAs)
  These medium or large-sized companies have limited liability and divide share capital into shares distributed among their partners. In 2024, a little more than 48,000 SAs were formed. This is a much smaller number than SLs because they are more complex to form and manage. However, SAs facilitate the entry of external capital through the sale of shares.

• Employee-owned companies
  With this subgroup of SLs or SAs, the majority of the capital is distributed among permanent workers. Each of them can own no more than a third of the share capital. Unlike conventional SLs and SAs, partners also actively participate in the professional activity and management of the company. Employee-owned companies are usually recommended for those creating stable companies where employee continuity is not guaranteed (e.g., when there is an upcoming generational change).

• Agricultural processing companies (SATs)
  This form includes companies in the agricultural, livestock, or forestry industries. Despite being limited by industry, SATs enjoy some tax benefits, such as not having to pay transfer tax and stamp duty (ITPAJD) if they increase their capital.

• Cooperatives
  These companies are managed democratically—partners have equal voting power in decision-making processes—and they distribute net profits equitably. They have a moderate presence within the business community. According to INE data, there were about 19,000 cooperatives in Spain in 2024. This can be attributed to the high level of commitment cooperatives demand from partners. They also must allocate part of their profits to the creation of a mandatory reserve fund regulated by Law 27/1999.

• Collective investment companies
  This type of company issues financial assets to publicly capture investor funds and is governed by Law 35/2003. This legal form includes, for example, real estate investment funds (FIIs) and open-ended investment companies (SICAVs).

• General partnerships
  In these companies, all partners have unlimited joint and several liability based on a percentage agreed upon at the time of forming the company. This can entail a high asset risk. These companies are usually formed by a group of family members or trusted individuals. They are not a common legal form in Spain. In fact, according to the INE, there were only 79 in 2024.

• Limited partnerships
  With this company type, general partners have unlimited liability and managerial roles. Limited partners only risk the capital they initially contribute and do not participate in decision-making.

Why create a company in Spain?

If you have a business idea and want to form a company, starting a business in Spain can be a good option. Here are some of the most significant reasons why:

• Affordable cost: The Crea y Crece (Create and Grow) Law reduced the capital required to create an SL to just €1, if you meet certain requirements. However, the amount can be much higher if you choose other legal forms.

• Online process: You can complete most of the steps to create a company in Spain online by filing the Single Electronic Document (DUE) and forming the company through the Information Center and Network for Business Creation (CIRCE). In many cases, only the signature before a notary to formalize the incorporation of the company must be done in person.

• Economic benefits: Forming a company provides several economic benefits, including improved access to financing and the ability to raise capital by selling shares or issuing bonds. According to the INE, 2,400 companies increased their capital in May 2025.

While there are several benefits, keep in mind that the economic landscape is constantly changing and can pose risks for startups that can be difficult to address. According to the INE, the number of dissolved companies increased by 20.7% year-on-year in December 2024.

Therefore, it’s important to analyze potential challenges and conduct market research before creating a company in Spain.

Requirements to create a company in Spain

You must meet certain legal requirements to create a company in Spain. These requirements vary depending on the legal form. Here are some common ones:

• Be of legal age or legally emancipated.
  
• Don’t have a disqualification for bankruptcy or judicial reasons.
  
• Be of Spanish nationality or that of another EU country.
  
  • Citizens from countries outside the EU must meet additional requirements, such as having no criminal record, demonstrating financial solvency, and having the educational or technical capacity to perform the professional activity in question.
    

Steps to create a company in Spain

The Create and Grow Law makes it easier to create a company in Spain, especially if you do so through the CIRCE. However, the process can be complex if you don’t already know each step. Here is a step-by-step guide to help you facilitate the process:

• Gather required documentation
  Several documents are required to create a company, including the National Identity Document (DNI) or Foreigner Identity Number (NIE) of the person who will manage the company and of the other partners, if applicable.

• Establish corporate features
  You must indicate, among other information, the Tax on Economic Activities (IAE) category, registered office, and percentage you will hold in the company’s share capital.

• Reserve the company name
  Regardless of the legal form you choose, you must ensure that there is no other company with the same name by requesting a Certificate of Available Company Name.

• Contribute share capital
  Once the company name is assigned, you must open a company bank account in its name and contribute share capital. The minimum amount varies depending on the legal form. For example, creating an SL requires just €1, while an SA requires depositing €60,000. Other companies—such as SATs and general partnerships—do not apply any legal minimum.

• Define the internal rules
  Establishing the company’s internal rules and other aspects—such as the holding percentage of each partner—is a process that varies depending on the legal form chosen. For example, SLs and SAs require bylaws, while general partnerships can be created through private contracts. In both cases, a public deed is needed.

• Submit a DUE
  Fill out a DUE and attach a copy of the Certificate of Available Company Name. You can do this yourself or go to an Entrepreneurship Service Point (PAE). If you do this manually, you must specify the company type in “Legal Information,” along with other relevant details such as the share capital. If you do not fill out this form, you will have to complete many of the following steps manually.

• Acquire the public deed
  The system will automatically make a notary appointment for you. Attend the appointment in person, identify yourself with your DNI or NIE, submit the Certificate of Available Company Name, and provide proof of the contributed capital to receive the articles of incorporation.

• Get a temporary tax identification number (NIF)
  The notary will send the details to the Tax Agency, and it will provide a temporary NIF. If you opt to do the process yourself, you must check the relevant box when filling out Form 036.

• Obtain the ITPAJD certificate
  Forming a company is exempt from the ITPAJD. However, one of the steps to create a company in Spain involves filing a self-assessment return, even though the fee is €0. You must also obtain the exemption certificate issued by the Autonomous Community where the company’s registered office is located.

• Register in the Commercial Registry
  Register in the Commercial Registry of the province in which the company’s registered office is located to acquire legal status.

• Register with Social Security
  To actively work within the company, you must register with Social Security. Social Security will generate a contribution account code that you will need in the future if you hire employees.

• Obtain a permanent NIF
  Once the documentation is validated, you can request the permanent NIF from the Tax Agency. This number will identify your company for tax purposes. To do so, check box 120 on Form 036.

Bear in mind that some of these steps can vary depending on the legal form you choose. If you have questions, consult a PAE on how to proceed in your specific case.

Frequently asked questions about creating a company in Spain

Is Spain a good country in which to create a company?

Recent regulatory reforms have made Spain a good country for starting a business. The country has a legal framework that encourages entrepreneurship, such as the Law 28/2022for “fostering the ecosystem of emerging companies.” Furthermore, it has the PAEs that provide resources on the creation of companies and offer personalized and proactive advice. In addition to explaining how to create a company, PAEs can perform some of the steps of the process.

Can you create a company in Spain from abroad?

Yes, provided that the founding partners meet the requirements we have mentioned above. For example, they must have an NIF—if they are Spanish citizens residing abroad—or an NIE—if they are citizens of another country. Foreigners can request this document at the Spanish consulate in their country of residence or at police stations in Spain. If intending to visit the country for any purpose related to creating a company, citizens of countries outside the EU or the Schengen Area require special visas for entrepreneurs.

Can you create a company abroad from Spain?

Although the requirements vary between countries, it is possible to create a company abroad from Spain. While many countries allow foreigners to form companies online, some steps must be completed in person. In the US, for example, you must have a registered agent based in the country who handles legal proceedings.

How Stripe Atlas can help

Stripe Atlas sets up your company’s legal foundations so you can fundraise, open a bank account, and accept payments within two business days from anywhere in the world.

Join 75K+ companies incorporated using Atlas, including startups backed by top investors like Y Combinator, a16z, and General Catalyst.

Applying to Atlas

Applying to form a company with Atlas takes less than 10 minutes. You’ll choose your company structure, instantly confirm whether your company name is available, and add up to four cofounders. You’ll also decide how to split equity, reserve a pool of equity for future investors and employees, appoint officers, and then e-sign all your documents. Any cofounders will receive emails inviting them to e-sign their documents, too.

Accepting payments and banking before your EIN arrives

After forming your company, Atlas files for your EIN. Founders with a US Social Security number, address, and cell phone number are eligible for IRS expedited processing, while others will receive standard processing, which can take a little longer. Additionally, Atlas enables pre-EIN payments and banking, so you can start accepting payments and making transactions before your EIN arrives.

Cashless founder stock purchase

Founders can purchase initial shares using their intellectual property (e.g., copyrights or patents) instead of cash, with proof of purchase stored in your Atlas Dashboard. Your IP must be valued at $100 or less to use this feature; if you own IP above that value, consult a lawyer before proceeding.

Automatic 83(b) tax election filing

Founders can file an 83(b) tax election to reduce personal income taxes. Atlas will file it for you—whether you are a US or non-US founder—with USPS Certified Mail and tracking. You’ll receive a signed 83(b) election and proof of filing directly in your Stripe Dashboard.

World-class company legal documents

Atlas provides all the legal documents you need to start running your company. Atlas C corp documents are built in collaboration with Cooley, one of the world’s leading venture capital law firms. These documents are designed to help you fundraise immediately and ensure your company is legally protected, covering aspects like ownership structure, equity distribution, and tax compliance.

A free year of Stripe Payments, plus $50K in partner credits and discounts

Atlas collaborates with top-tier partners to give founders exclusive discounts and credits. These include discounts on essential tools for engineering, tax, finance, compliance, and operations from industry leaders like AWS, Carta, and Perplexity. We also provide you with your required Delaware registered agent for free in your first year. Plus, as an Atlas user, you’ll access additional Stripe benefits, including up to a year of free payment processing for up to $100K in payments volume.

Learn more about how Atlas can help you set up your new business quickly and easily, and get started today.