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Contrato de depósito (safekeeping/deposit agreement)

Contrato de depósito (safekeeping/deposit agreement) 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: €29 to €29. Official tasa (government fee): IVA (VAT) 21 % if the custodian is a professional. No AJD (stamp duty) or ITP (transfer tax).

We draft your contrato de depósito (deposit or safekeeping agreement, arts. 1758-1789 CC) between the depositor (depositante) and the custodian (depositario). Types: ordinary voluntary, professional (warehouse, car park, workshop, hotel), necessary (fire or shipwreck), judicial or contractual sequestration, and commercial. We check which regime applies: presumption that it is free of charge unless the custodian is a professional (art. 1759 CC), the ban on using the goods without permission (art. 1763), return on first demand (art. 1779) and the duty of care of a prudent person (art. 1760). A detailed inventory is essential.

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Estimated total cost
€29 to €29
Managora's fee
€35.09 (21% VAT incl.)
Tasa (official government fee)
IVA (VAT) 21 % if the custodian is a professional. No AJD (stamp duty) or ITP (transfer tax). (suplido: paid to the authority on your behalf, no VAT)
Processing time
Signed immediately.
Where it is filed
Documento privado entre las partes ↗
What you receive
Application

Cost breakdown: Our fee 29 €. No AJD or ITP: if the custodian is a professional, IVA at 21 % is then applied on top of their remuneration..

Contrato de depósito (safekeeping/deposit agreement): how is it filed?

  1. 1Answer the questions in the chat (about 5 minutes).
  2. 2We identify the type and the applicable regime. If it is professional and paid, we set up IVA at 21 %.
  3. 3Payment of 29 € for our fee.
  4. 4Sign the mandate from your mobile.
  5. 5We draft the contract with clauses on safekeeping, prohibitions, return of the goods and liability.
  6. 6Initial inventory signed by both parties with a description and the condition of the goods.

Which documents do you need?

  • •DNI / NIE of the depositor and the custodian.
  • •Detailed inventory of the goods with photos and a description of their condition.
  • •If the custodian is a professional: registration of activity (Modelo 036).
  • •Evidence of the estimated value of the goods.

Legal basis and things to bear in mind

  • Framework: arts. 1758-1789 CC and arts. 303-310 CCom (commercial deposit).
  • Difference from COMODATO (arts. 1740-1752): a deposit is for SAFEKEEPING; a comodato is for the USE of the goods.
  • Presumption that it is free of charge (art. 1759 CC) unless the custodian is a professional.
  • Ban on USING the goods without permission (art. 1763 CC) and on PLEDGING them (art. 1764).
  • Return on first demand (art. 1779 CC), even where a term was agreed, except in sequestration or necessary deposit.
  • Necessary deposit: the custodian's liability is stricter (arts. 1780-1788 CC).
  • Hotel deposit: the hotel is liable for damage to or theft of the guest's belongings (arts. 1783-1784 CC).
  • Natural connections: contrato_comodato_prestamo_uso (transfer of use, not safekeeping), contrato_arrendamiento_local_negocio (if premises are rented), iva_303.

Contrato de depósito (safekeeping/deposit agreement): frequently asked questions

Contrato de depósito (safekeeping/deposit agreement): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €29 to €29: Our fee 29 €. No AJD or ITP: if the custodian is a professional, IVA at 21 % is then applied on top of their remuneration.. Managora's fee is €35.09, 21% VAT included (€29.00 net + €6.09 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: IVA (VAT) 21 % if the custodian is a professional. No AJD (stamp duty) or ITP (transfer tax)..

Contrato de depósito (safekeeping/deposit agreement): how long does it take?

Signed immediately.

Contrato de depósito (safekeeping/deposit agreement): which documents do I need?

You need to have to hand: DNI / NIE of the depositor and the custodian., Detailed inventory of the goods with photos and a description of their condition., If the custodian is a professional: registration of activity (Modelo 036)., Evidence of the estimated value of the goods.. You do not upload them here: we collect the details through the guided chat.

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 ↗.

Shall we get started with «Contrato de depósito (safekeeping/deposit agreement)»?

We file it for you, from start to finish.

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