Your local partner in Spain
Last updated 2 November 2026
The short answer
Spain does not require a local partner: a company from outside the European Union can be the sole shareholder of its subsidiary and have directors who live outside Spain. What it does require is a presence: a tax identification number (NIF), in some cases prior authorisation of the investment and a tax representative, a filing with the Investment Register (Registro de Inversiones), beneficial ownership disclosure, permits for staff, apostilled or legalised documents and electronic dealings with the authorities. Managora, a law firm and gestoría (administrative services firm), takes on that presence: we file and sign on your behalf, remotely and for a fixed fee.
Does Spain require a local partner?
No. Spain does not oblige a foreign company to share its capital with a Spanish partner: transactions with non-residents are free, save for the investment controls explained below and the rules of each sector, and in service activities the law prohibits requiring shareholders, directors or staff to be Spanish or resident in Spain. Your company can be the sole shareholder of its subsidiary.
What Spain does require is a presence: the ten obligations in the table below. That is the role we take on: we file and sign on your behalf before the Spanish Tax Agency (Agencia Tributaria), the Social Security system, the immigration authorities and the Registries.
Some sectors have their own rules on the origin of capital. Two examples:
- Air transport: an EU operating licence for an air carrier requires more than 50% of the ownership and effective control to be in the hands of Member States or their nationals, save for agreements between the EU and third countries.
- Defence: foreign investment in activities directly related to national defence requires prior authorisation, wherever it comes from, save for smaller holdings that meet certain requirements.
What does Spain require of you? The ten obligations
These are the ones that weigh most on a company from outside the EU. Not all of them will apply to you: it depends on the sector, on how you establish yourself and on your country.
| Obligation | Who it affects and what it requires | What we do |
|---|---|---|
| 1. Prior authorisation of the investment | An investor from outside the EU and EFTA, or from within them if someone from outside holds more than 25% or control, that comes to hold 10% or control of a Spanish company in a sensitive sector: critical infrastructure and technologies, energy and other supplies, sensitive data, the media. If it is controlled by a foreign government, in any sector. Without authorisation, the transaction has no validity. | We check this in the preliminary review, before you sign. |
| 2. Filing with the Investment Register | A non-resident investor that incorporates or acquires at least 10% of a Spanish company, opens or funds a branch or buys real estate for more than €500,000: Form D-1A or D-2A within the following month. Annual report D-4 if capital, allocated capital or net equity exceeds €3 million, or if the company heads a group. | We tell you which form applies. If the deed is executed before a Spanish notary, the notary's office files it. |
| 3. Subsidiary or branch, with a Spanish NIF | Every company that sets up here. The parent company needs a NIF (beginning with N); the branch needs its own (beginning with W), and whoever signs before the notary needs their foreigner identity number (NIE) or a NIF beginning with M. The notary records those numbers in the deed. | We handle the incorporation of the subsidiary or the registration of the branch and the NIFs, and we prepare the application for the NIE of your directors. |
| 4. Tax representative for Non-Resident Income Tax | A company from outside the EU (except certain companies from the European Economic Area) with a branch or other permanent establishment, among other cases. Where there is a permanent establishment, that representative is jointly and severally liable for the tax debt. Failure to appoint one: a fine of €2,000 (€6,000 if your country does not exchange tax information with Spain). | We take it on where the case allows. |
| 5. VAT representative | A company with no establishment in the EU that is liable for VAT (IVA) in Spain. It is not needed if the company uses the VAT one-stop shops (OSS and IOSS) or if its State has mutual assistance arrangements similar to the EU's (currently, according to the Spanish Tax Agency, only Norway). | We take it on where the case allows. |
| 6. Beneficial owner | Every Spanish company and every branch: knowing who controls it (more than 25% or, if there is no such person, its directors) and keeping that information up to date. The company declares it to the Commercial Registry (Registro Mercantil) when filing its accounts and, if it changes, within ten days. | We prepare and file your declaration. |
| 7. Staff authorisations | Executives and employees from outside the EU who come to work here, not those who enjoy free movement (EU citizens, Swiss and Norwegian nationals). Under the international mobility routes, the Large Companies Unit (Unidad de Grandes Empresas) processes the authorisation and a decision is issued within 20 days; if no decision is issued, it is deemed granted. | We file them on behalf of your company on the MERCURIO platform: intra-corporate transfer, highly qualified professional or EU Blue Card. |
| 8. Apostille or legalisation and sworn translation | Every company that incorporates, opens a branch, grants powers of attorney or buys here: the parent company's documents must bear an apostille or be legalised and, as a general rule, be accompanied by a sworn translation into Spanish. | We coordinate the apostille or legalisation and the sworn translation. |
| 9. Electronic dealings with the authorities | Every legal entity, including foreign ones, and whoever represents it: they deal with the authorities by electronic means and, before the State administration, in Spanish. | With your power of attorney, we file and sign on your behalf. |
| 10. EU data protection representative | A company from outside the EU that processes the data of people who are in the EU in order to offer them goods or services or to monitor their behaviour, save for occasional, low-risk processing. In Spain the representative is jointly and severally liable with the company, including for damages. | We tell you in the review whether your company needs one. |
Depending on your business there may be others (consumer products, packaging, digital platforms, public contracts): we review them in the preliminary review.
Subsidiary or branch?
These are the differences that usually decide the matter:
| What changes | Subsidiary (private or public limited company) | Branch |
|---|---|---|
| What it is | A Spanish company with its own legal personality. | The parent company itself, with an establishment and a permanent representative in Spain: no new legal entity comes into being. |
| Liability | The parent company is not personally liable for the subsidiary's debts. | The parent company is liable for what the branch does, as the branch acts in its name. |
| Capital | Private limited company (S.L.), from €1 (with special rules below €3,000); public limited company (S.A.), from €60,000. | The allocated capital assigned to it by the parent company. |
| Taxes | Corporate Income Tax (Impuesto sobre Sociedades). Dividends paid to the parent company bear the withholding set by the tax treaty (without a treaty, 19%). | Non-Resident Income Tax (Impuesto sobre la Renta de no Residentes, IRNR), at the Corporate Income Tax rate, plus 19% on the profits transferred to the parent company, unless a treaty with reciprocal treatment provides otherwise. |
| Tax representative | Not needed: it is resident in Spain. | Mandatory, as a general rule, if the parent company is not from the EU. |
| Formalities | Deed of incorporation with the parent company's documents apostilled or legalised and translated, Commercial Registry and NIF. | Deed with the parent company's documents apostilled or legalised and translated, Commercial Registry and its own NIF. |
Neither is better in the abstract: the subsidiary ring-fences the risk from the parent company's assets; the branch avoids creating another company, but exposes the parent. Sometimes a third party decides: in public works contracts, the tender specifications may require a successful bidder from outside the EU to have a branch registered in Spain. We decide this with you in the review.
How do we work?
- 1
Review and fixed-fee quote
You tell us about your project in writing and we tell you which obligations apply to you, including prior authorisation where relevant. Before we start, we send you a fixed-fee quote in writing and identify your company's beneficial owner, as the law requires of us.
- 2
Powers of attorney and documents in your home country
We tell you which documents from your registry and which powers of attorney the parent company signs in its own country, and we coordinate the apostille or legalisation and the sworn translation.
- 3
Incorporation or registration
We prepare the deed for the subsidiary or the branch and its registration with the Commercial Registry. Notary, registry and official fees are separate and payable by you.
- 4
NIF, Investment Register and tax registration
We obtain the NIFs, register the activity in the census declaration (Form 036) and check that the investment is declared to the Investment Register within the following month.
- 5
Your team
The residence authorisations your company applies for on behalf of its team, family reunification, the registration of the company with the Social Security system and the registration of each employee.
- 6
Annual compliance
Corporate Income Tax, VAT, filing of accounts with the beneficial ownership declaration, related-party transactions where applicable and the tax representation, if any.
We do everything remotely and in writing.
What do we not do?
- We do not provide a registered office or an address for notifications.
- We do not act as directors, company secretaries or shareholders of your company, nominee or otherwise.
- We do not issue apostilles or sign sworn translations: we coordinate them.
- We are not a customs representative, an IOSS intermediary or the person responsible for your products in the EU required by product safety legislation.
- We do not handle the Spanish trade mark of a company with no domicile or establishment in the European Economic Area; we do handle the European Union trade mark, valid in all 27 Member States, Spain included.
- Tax representation of a branch: only with guarantees agreed in advance, because the law makes the representative liable for the tax debt.
What changes depending on your country?
Three points depend on the country of your parent company: whether there is a double taxation treaty, which limits Spanish withholding taxes (without a treaty, 19% on dividends and interest and 24% on royalties); whether your documents arrive with an apostille or need consular legalisation, which is slower; and whether your team needs a visa for a short business trip.
| Country or territory | Double taxation treaty | Parent company documents | Visa for short business trips | Guide |
|---|---|---|---|---|
| Saudi Arabia | Yes | Apostille | Yes | On this page |
| Argentina | Yes | Apostille | No | Argentina guide |
| Australia | Yes | Apostille | No | On this page |
| Bahrain | No | Apostille | Yes | On this page |
| Brazil | Yes | Apostille | No | On this page |
| Canada | Yes | Apostille (since 11 January 2024) | No | Canada guide |
| Qatar | Yes | Consular legalisation | Yes | On this page |
| Chile | Yes | Apostille | No | On this page |
| China | Yes | Apostille (since 7 November 2023) | Yes | China guide |
| Colombia | Yes | Apostille | No | On this page |
| South Korea | Yes | Apostille | No | South Korea guide |
| Egypt | Yes | Consular legalisation | Yes | On this page |
| United Arab Emirates | Yes | Consular legalisation | No | United Arab Emirates guide |
| United States | Yes | Apostille | No | United States guide |
| Hong Kong (SAR) | Yes | Apostille | No (with a SAR passport) | On this page |
| India | Yes | Apostille | Yes | India guide |
| Indonesia | Yes | Apostille | Yes | On this page |
| Israel | Yes | Apostille | No | On this page |
| Japan | Yes | Apostille | No | Japan guide |
| Kuwait | Yes | Consular legalisation | Yes | On this page |
| Morocco | Yes | Apostille | Yes | On this page |
| Mexico | Yes | Apostille | No | Mexico guide |
| Norway | Yes | Apostille | No (free movement) | On this page |
| Oman | Yes | Apostille | Yes | On this page |
| Peru | No | Apostille | No | On this page |
| United Kingdom | Yes | Apostille | No | United Kingdom guide |
| Singapore | Yes | Apostille | No | On this page |
| Switzerland | Yes | Apostille | No (free movement) | On this page |
| Taiwan | No | Consular legalisation | No (passport with identity card number) | On this page |
| Turkey | Yes | Apostille | Yes | On this page |
| Vietnam | Yes | Apostille (since 11 September 2026) | Yes | On this page |
Checked on 2 November 2026 against the Spanish Ministry of Finance list of tax treaties, the Hague Conference status table and the European Union visa lists. "No" under visa: up to 90 days in any 180-day period, without permission to work (obligation 7). Hong Kong: exemption with a Special Administrative Region passport and an apostille from its own authorities. Taiwan: the document goes through a notary and is legalised by the Consular Section of Spain in Taipei.
Who can we not act for?
Owing to European Union sanctions, we do not work for the Government of Russia or for entities established in Russia, nor for the public sector of Belarus (its Government, its public bodies and its state-owned enterprises) or for anyone acting on their behalf.
Frequently asked questions
Do I need a Spanish partner to set up a company in Spain?
No. Your company can be the sole shareholder of a Spanish company, and in service activities the law prohibits requiring shareholders, directors or staff to be Spanish or resident in Spain. You will, however, have to meet the presence obligations: NIF, filings and, depending on the case, a tax representative or prior authorisation of the investment.
Can I manage the company from outside Spain?
Yes. The law does not require directors to be shareholders or to reside in Spain. To sign before a notary on behalf of the company or of the parent company, each person needs a Spanish tax number: their NIE or, if they do not have one, a NIF beginning with M.
How long does it take?
It depends above all on how long your country takes to apostille or legalise the parent company's documents and, if the investment requires prior authorisation, on the authorities, which have up to three months. Authorisations for your team are decided within 20 days and the visa, as a general rule, within 10 working days. We give you the timescales for your case in the preliminary review.
Do I need authorisation to invest in Spain?
As a general rule, no: foreign investment is free. It is required if your company, being from outside the EU and EFTA, or controlled or more than 25% owned from outside them, is to hold 10% or control of a company in a sensitive sector, or if it is controlled by a foreign government. In case of doubt, a prior consultation is available and is answered within 30 working days.
Do I have to appoint a tax representative?
With a branch and a parent company from outside the EU, as a general rule yes, for Non-Resident Income Tax, and that representative is jointly and severally liable for the tax debt. If you are liable for VAT in Spain with no establishment in the EU, also for VAT purposes, save for exceptions such as Norway or the VAT one-stop shops. A subsidiary, as a Spanish company, does not need one.
Can you provide my company's registered office?
No. We do not provide a registered office or an address for notifications, and the law requires the company to have its registered office in Spain at the place where it is managed or where its principal establishment is located. We can, however, receive the Spanish Tax Agency's electronic notifications on your behalf, with the appropriate power of attorney.
In which languages do you work?
In Spanish and in English, in writing and remotely, and we respond at any time of day, including during your own business hours. Before the State administration, formalities are conducted in Spanish: your parent company's documents need, as a general rule, a sworn translation, which we coordinate.
Can I obtain residence in Spain by investing?
No. Residence by investment was abolished on 3 April 2025. The route is through your company, which applies on behalf of its team for the intra-corporate transfer authorisation, the highly qualified professional authorisation or the EU Blue Card; we file the application on its behalf.
This guide explains the general framework and does not replace a review of your own case: what applies to you depends on your transaction, your sector and your structure.