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Knowing The Law In Spain

Having Your Own Business

Harry King retired from corporate life in Britain to live in Spain. He would do so all over again if faced with the same decision, and now lives in Alicante. He is the author of a number of books including Going to Live in Spain, Buying a Property in Spain and Buy to Let in Spain.

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HAVING YOUR OWN BUSINESS

Spain is traditionally a country of small companies and sole traders. There are nearly two million families running businesses employing about 75 per cent of the working population. The majority of businesses established by foreigners in Spain are linked to leisure and catering industries or to property sales. Why? The answer is twofold: low entry capital cost and providing a service in one’s mother tongue. People choose to be self-employed for the lifestyle and freedom it affords but small businesses in Spain often exist on a shoestring with their owners working extremely long hours, particularly those running bars or restaurants. Many foreigners start businesses in Spain with little research, little business acumen, no knowledge, no capital and no linguistic ability. It is asking for trouble.

The first step is to conduct appropriate market research to establish that there is a real need for a business in the area and secondly to check that all necessary licences for the proposed venture actually exist or can be obtained. These could include the Opening Licence and if appropriate a licence for serving food. The purchase of an existing business, to be run exactly as before, will not require a new opening licence, but if the nature of the business is changed a new one is required.

Obtaining legal advice

Before establishing a business it is important to talk to a number of people to obtain legal advice and to take advantage of any tax benefits or grants. This advice is usually obtained from a lawyer (abogado) or an accountant (asesor fiscal) but there are other sources too.

An excellent source of information is the commercial section of the British Embassy in Spain, known as UK Trade and Investment. They will be happy to help individual business people. This help will usually consist of providing information and contacts and generally directing people towards relevant associations, trade fairs and publications: www.uktradeinvest.gov.uk

A network of Chambers of Commerce in Spain offers a variety of information-based services to the potential entrepreneur. They will be able to give advice on all aspects of business creation, from the types of legal entity that can be formed to the different incentives available locally for business creation. The Chambers will also help to research a market prior to making a business plan. Usually these services are completely free. Some Chambers include a Ventanilla Unica Empresarial, a system of guiding a prospective business person through the processes involved in incorporating and registering a business.

Launched by the Ministry of Public Administrations (www.map.es), the network of Ventanillas Unicas Empresariales (One-Stop Shops for Businesses) has created an integrated system providing future entrepreneurs with information and advice on the formalities required to start up a business. What makes this service so innovative is that all the facilities for setting up a business are provided in a single location, albeit in the Spanish language. Visitors to a Ventanilla Unica go through three separate phases.

  • Information and guidance. Entrepreneurs are pointed in the right direction, based on their requirements and provided with basic information on starting a business.
  • Advice. A personal advisor then studies a business plan and, following a personal interview, gives an assessment of the project and a range of alternatives. Advisors provide entrepreneurs with information regarding the suitable legal form for their business, labour obligations, private financing and government aid.
  • Formalities. Suitable projects are then forwarded to the procedure management centre. Here the officer-in-charge, in close co-operation with representatives of the tax and social security authorities and the regional and local authorities, will co-ordinate all of the procedures needed to set up the business such as obtaining municipal licences, dealing with fiscal obligations, labour and social security obligations.

WORKING ON YOUR OWN ACCOUNT

A European Union national

European Union nationals can now work in Spain without any restriction. They can work under the same conditions as Spaniards, the only thing they are required to do is to obtain their residence card.

A non-EU foreigner

Non-EU autonomous workers must have the required residence permit and work permit. Non-EU residents in Spain with a work permit and an employment contract cannot re-establish themselves to work on their own account until they obtain a corresponding work permit.

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