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Drafting of a participating loan agreement or a shareholder contribution to equity

Drafting of a participating loan agreement or a shareholder contribution to equity is filed with Documento privado entre las partes. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €249 to €249. Official tasa (government fee): This procedure does not trigger an official tasa (official fee): it consists of drafting a private agreement that we deliver to you ready to sign, without filing it with any body that charges a fee. In addition, the loan is exempt from Transfer Tax (article 45.I.B.15 of Real Decreto Legislativo 1/1993), so it involves no tax cost on that account either. If in future you wished to execute it as a public deed before a notary, we would tell you and quote for it separately, but it is not necessary for the agreement to be valid.

We draft, to measure, the participating loan agreement between the shareholders and their company, or the documentation for a contribution to equity. A key instrument for financing your startup without diluting capital, or for restoring the company's balance sheet and avoiding the legal grounds for winding-up.

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Estimated total cost
€249 to €249
Managora's fee
€301.29 (21% VAT incl.)
Tasa (official government fee)
This procedure does not trigger an official tasa (official fee): it consists of drafting a private agreement that we deliver to you ready to sign, without filing it with any body that charges a fee. In addition, the loan is exempt from Transfer Tax (article 45.I.B.15 of Real Decreto Legislativo 1/1993), so it involves no tax cost on that account either. If in future you wished to execute it as a public deed before a notary, we would tell you and quote for it separately, but it is not necessary for the agreement to be valid. (suplido: paid to the authority on your behalf, no VAT)
Processing time
No deadline is set by the rules consulted; we confirm it to you when we open your case file.
Where it is filed
Documento privado entre las partes ↗
What you receive
Application

Cost breakdown: Our fee for the bespoke legal drafting: 249 €.

Drafting of a participating loan agreement or a shareholder contribution to equity: how is it filed?

  1. 11. Fill in the form with the identifying details of the company and of the shareholder injecting the money.
  2. 22. If it is a participating loan, state the amount, the maturity date and the financial measure (EBITDA, profits, etc.) that will determine the variable interest.
  3. 33. Our specialists will review the commercial viability and draft the agreement and, if you ask for it, the related minutes of the general meeting.
  4. 44. We will deliver the documentation ready to be signed by the parties, making sure it meets the requirements to count properly as net equity for the purposes of capital reduction and winding-up.

Legal basis and things to bear in mind

  • The service includes the drafting of the private document, adapted to the legislation in force.
  • This type of loan is fundamental in company law because it is treated as net equity for the purpose of preventing the company from falling into the legal grounds for winding-up (art. 20 RDL 7/1996).
  • Participating loans must include remuneration linked to the performance of the borrowing company (an implicit derivative).

Drafting of a participating loan agreement or a shareholder contribution to equity: frequently asked questions

Drafting of a participating loan agreement or a shareholder contribution to equity: how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €249 to €249: Our fee for the bespoke legal drafting: 249 €. Managora's fee is €301.29, 21% VAT included (€249.00 net + €52.29 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: This procedure does not trigger an official tasa (official fee): it consists of drafting a private agreement that we deliver to you ready to sign, without filing it with any body that charges a fee. In addition, the loan is exempt from Transfer Tax (article 45.I.B.15 of Real Decreto Legislativo 1/1993), so it involves no tax cost on that account either. If in future you wished to execute it as a public deed before a notary, we would tell you and quote for it separately, but it is not necessary for the agreement to be valid..

Drafting of a participating loan agreement or a shareholder contribution to equity: how long does it take?

No deadline is set by the rules consulted; we confirm it to you when we open your case file.

Drafting of a participating loan agreement or a shareholder contribution to equity: which documents do I need?

You do not need to provide any documents: we collect every detail through the chat, step by step.

Who files the procedure?

Managora files it in your name with Documento privado entre las partes. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Documento privado entre las partes ↗.

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