The Spanish Foreigner Identity Number, known as the NIE, is one of the first requirements for a foreign individual who wants to participate in a Spanish company. It identifies the person before public authorities, notaries, banks and registries, but it is not a residence permit.
Is an NIE required to incorporate a company
Foreign individuals acting as shareholders or directors will normally need an NIE so that they can be identified in the incorporation deed and before the Spanish Tax Agency. If the shareholder is a foreign company, the entity may require a Spanish NIF, and its representatives and beneficial owners must also be identified.
Can someone be a shareholder without Spanish residence
Yes. A person may own shares in a Spanish company without living in Spain. The NIE enables the person to complete the investment and corporate formalities, but it does not provide the right to live or work in the country.
How to apply for an NIE
The NIE may be requested in Spain through the National Police, abroad through the competent Spanish consulate, or through a representative in Spain when the applicable requirements are met. The application must explain the economic, professional or social reason for the request. Incorporating a company or acquiring shares may constitute a valid reason.
Documents normally required
- The official application form.
- A complete and valid passport.
- Evidence of the reason for requesting the NIE.
- Proof of payment of the administrative fee.
- A power of attorney when a representative applies.
- Any additional documents required by the competent office or consulate.
Applying from abroad
The applicant may submit the request through the Spanish consulate responsible for their place of residence. Processing times vary, so the procedure should be started before setting a date for signing the incorporation deed.
Applying through a power of attorney
A representative may be authorised to obtain the NIE and coordinate the company’s incorporation. The power must contain sufficiently clear authority. If signed abroad, it will usually need an apostille or legalisation and a sworn Spanish translation where applicable.
Does the NIE expire
The assigned identification number is permanent. The certificate showing the number may, however, need to be recent when presented to certain authorities, banks or other institutions.
The NIE is not a residence permit
An NIE alone does not authorise its holder to reside in Spain, work as an employee, carry on a self-employed activity or remain beyond the period permitted under immigration rules.
How Nomadis Legal can help
Nomadis Legal can obtain the NIE and coordinate it with the company incorporation process to prevent unnecessary delays. Book a consultation and we will assess the most suitable way to obtain your NIE.
This article is for general information only. Legal, administrative and tax requirements may change and should be reviewed for each individual case.