Many companies have many doubts when it comes to the incorporation of a foreign partner that does not reside in Spain. Our expert team will provide you with the right information as well as some tips to optimize the process. We are experts in legal matters for the incorporation of companies with foreign partners.

We will help you mainly to carry out the necessary paperwork and to exchange documentation with the country of the foreign partner. Without forgetting that not being able to be present at the time of the constitution of the company must give a power to a person who resides in Spain. In addition, it should be taken into account that obtaining a NIE is essential for its participation. Remember that by formalizing the writing in the notary you will be required the identity number for the signature. In fine business Consulting we can also help you if you need to know more details of this operation.

Foreign partners in

Many companies have many doubts when it comes to the incorporation of a foreign partner that does not reside in Spain. Our expert team will provide you with the right information as well as some tips to optimize the process. We are experts in legal matters for the incorporation of companies with foreign partners.

We will help you mainly to carry out the necessary paperwork and to exchange documentation with the country of the foreign partner. Without forgetting that not being able to be present at the time of the constitution of the company must give a power to a person who resides in Spain. In addition, it should be taken into account that obtaining a NIE is essential for its participation.
Remember that by formalizing the writing in the notary you will be required the identity number for the signature. In fine business Consulting we can also help you if you need to know more details of this operation

Foreign partners in a mercantile society?

Incorporating a non-resident foreign partner in Spain is not a major obstacle, although it may seem the opposite. The main drawback for many companies and Emprededores is the time, although our experts can help you to form the company in the shortest time possible even though one of the partners is foreign. As we mentioned the first step is to get the NIE for the partner of the foreigner.

The identification document is compulsory for anyone who has an interest in carrying out economic operations in Spain. It can be personally requested by granting a power of attorney to any of the national partners at the consulate. The most advisable is that the foreign partner is in Spain because he can apply for the NIE through a national police commissioner and make the process faster.

To do this you will need to request the form EX15 using Model 790-12. Do not forget to enclose the notary’s documents indicating that the need for the NIE is due to the incorporation or sale of a company. This procedure may be delayed for up to several weeks. We always advise you to do so in advance of the company’s writing.

Other options for adjusted deadlines

If the time is up and you need to form the company with a foreign partner without Demorapuede to carry out the following strategies.

• In the sale of shares, a new purchase can be made, where the foreign partner is granted the agreed shares.

• In a Constitution you can also choose to make a pact between partners where it is determined how soon as you can go to sign the foreign partner will be sold the number of shares needed to reach the percentage of capital

Basic management for foreign partners

Requesting the identity number of the foreign partner is a very easy and economical operation that is done through the EX15 form, paying less than €10. It is also necessary to justify the need of the NIE for the company’s incorporation or sale. It should be attached as a document to the notary. For other operations you can count on our experience and advice. Our team will be able to advise you with the best option in cases where the deadlines are more adjusted. Keep in mind that applying for the NIE may take a few weeks in the worst case scenario.

If the foreign partner is a company

In this case, the representative of the company will be the one who grants the power before a notary of his country. This will be in charge of drafting the document of the proxy which must have indications required by the Spanish legislation. It must also be sealed with the apostille of the Hague Convention of 5 October 1961.

This procedure is to place on the documentation an annotation (Apostille) certifying the authenticity of these public documents. A procedure only valid between the signatory countries of the XII Hague Convention. This proxy will be joined in the writing of the Constitution that is carried out in Spain. Do not forget that in this case it will also be obligatory to obtain the N.I. and the foreign partner.

Foreign administrator

It is also possible for a Spanish company to have a foreign administrator who does not reside in the country regardless of whether he is a member or not. In this case there is no need to do any management. As if it is a foreign company because, according to our legislation, only the constitution of a company by its foreign founding partner is considered foreign investment. In this case, it will not be necessary to register foreign investments using the form MC1-A.

We have addressed the main issues about foreign partners. Remember that you can count on our experts in corporate constitutions and sales. In Afina Business Consulting we have already advised a multitude of companies in the incorporation of foreign partners offering effective and totally legal formulas.