You do not need to be a Spanish citizen or resident to establish a company in Spain. A foreign person may own shares and, in many cases, act as a director of a Spanish limited company while continuing to live abroad. Incorporating a company, however, does not automatically grant the right to reside or work in Spain.
Can a foreigner create a Spanish company
Yes. Spanish law allows both foreign individuals and foreign companies to participate in a Spanish company. A foreign person may be the sole shareholder, own shares with other investors, act as a director, represent a foreign corporate shareholder or remain a passive investor. A Spanish business partner is not required.
Can the company be created without living in Spain
Yes. A foreign individual will normally need an NIE, while a foreign corporate shareholder may need a Spanish NIF. The process can often be completed through a representative in Spain under a suitable power of attorney, without the founder travelling to sign the incorporation deed.
A power of attorney signed abroad will normally need to be legalised or apostilled and, if it is not in Spanish, accompanied by a sworn translation.
Main incorporation steps
- Obtain the NIE or NIF required for the foreign shareholders and directors.
- Reserve the company name.
- Define the shareholders, ownership percentages and management body.
- Prepare the articles of association.
- Contribute the share capital.
- Sign the public deed before a notary.
- Obtain the new company’s NIF.
- Register the company with the Commercial Registry.
- Complete its tax and Social Security registrations.
Is a Spanish bank account required
Cash contributions are often evidenced through a bank account. Spanish law also allows the shareholders to assume responsibility for the reality of the cash contribution in certain forms of incorporation. Banks may request detailed information concerning identity, tax residence, business activity and source of funds from non-resident founders.
Does creating a company provide Spanish residency?
No. Ownership of a Spanish company does not by itself grant a residence or work permit. A founder who intends to move to Spain should separately consider the entrepreneur residence permit, a self-employment permit, the Digital Nomad Visa or another route suited to their circumstances.
Can a foreign shareholder be a director
Yes, although the director’s actual duties and place of work must be reviewed. A passive investor is not in the same position as a director who manages the business from Spain. The latter may have Spanish Social Security, tax and immigration obligations.
How Nomadis Legal can help
At Nomadis Legal, At , we help foreign founders establish companies and coordinate the corporate, tax, and immigration aspects of the process. Tell us about your project and we will explain how to set it up in Spain, even if you still live abroad.
This article is for general information only. Legal, administrative and tax requirements may change and should be reviewed for each individual case.