A Guide to Business law in Spain

Starting or Operating a Business in Spain

If you are considering starting a business in Spain or already have one, it is crucial to understand and comply with all relevant laws, taxes, and regulations related to employment, contracts, company formation, commerce, compliance, dispute resolution, and debt recovery.

Your Spanish Solicitor provides a comprehensive range of services to address your business law needs, allowing you to focus on marketing and selling your products and services.

Employment

Our solicitors, located in  Spain, Ireland & the UK, can assist with any employment-related issues your business may face. We have extensive experience in drafting and issuing employment contracts, advising on redundancies and dismissals, and helping to minimize the risk of employment-related litigation.

Dispute Resolution

If your business is involved in litigation, it is advisable to engage in discussions with the opposing party to reach a settlement. Should your business face litigation and you prefer to resolve disputes through mediation or other forms of alternative dispute resolution, Your Spanish Solicitor Mediation can assist.

Our expert negotiators can help mitigate the financial impact of litigation and facilitate an agreement that minimizes your risk and reduces your vulnerability in a settlement.

Setting Up a Business in Spain

When establishing a business in Spain, there are numerous factors to consider. Your Spanish Solicitor can provide the necessary advice to help you decide whether to trade in your own name, as a partnership, or as a company. We can assist in building your reputation and presence in Spain, ensuring your business thrives. Additionally, we can advise on the benefits of registering as a Spanish limited liability company or a foreign registered company, along with the associated tax implications.

Purchasing a Business in Spain

If you are looking to buy an established business in Spain, it is crucial to seek independent legal advice before proceeding. Due diligence is essential in the acquisition process, from both legal and accounting perspectives, to ensure you understand all aspects and obligations of the business.

Your Spanish Solicitor will conduct a thorough review of any prospective business purchase and explore ways to maximise your business opportunities.

Purchasing Insolvent Businesses and Distressed Assets

Our solicitors in the UK, Ireland and Spain have expertise in purchasing insolvent businesses and distressed assets. We can negotiate with current owners or liquidators on your behalf, depending on the status of the winding-up process.

Whether you plan to purchase the assets, take over the lease, or continue trading with existing staff, Your Spanish Solicitor can advise on all fiscal and legal implications and the best options available.

Contracts

Negotiating and agreeing on contracts with customers and suppliers is a routine part of business, but if not handled correctly, it can have severe consequences. Your Spanish Solicitor has the expertise to ensure your business contracts and operations are beneficial. We can also represent you in negotiations and mediations related to contract breaches.

Compliance

Compliance with national and regional laws is essential for your business to succeed. We can ensure you are registered with all necessary government departments and have the required licenses to operate legally.

Debt Recovery

If you need to recover money owed by nationals or non-nationals of Spain, you require expertise in debt recovery across jurisdictions. Your Spanish Solicitor can use cost-effective tracing methods to identify assets and handle the recovery process efficiently.

We can file court applications, initiate sale proceedings, and negotiate settlements to make debt and asset recovery seamless and cost-effective for your business.