Blog

Company Constitutions

Assesment for Company Constitutions
Montelongo Asesores advises on all matters relating to the constitution, modification, excision, merger and extinction of legal entities such as corporations, limited liability companies or private civil companies. We can manage your registration in the Mercantile Registry and, if you wish, our Consultancy can handle everything related to taxation and accounting of your company already in operation. The first step is choosing the most convenient type of company. We can help you in the correct definition of the type of company (autonomous, associated or linked), which may be more suitable to your initiative or undertaking, according to the typologies in force since January 1, 2005, for which a transparent method of financial limits and number of partners of each modality.
In the case of companies, the prior and correct drafting of the Bylaws governing the entity and the relationships between the partners is also necessary. In any case it is necessary to carry out a whole series of legal procedures, such as:

Individual companies

Process of incorporation:
  • Mercantile Registry: registration of the company (voluntary)
Procedures to exercise the activity:
  • Tax agency: high in the census of businessmen, Tax on Economic Activities (exempt companies newly created during the first two years).
  • Territorial Treasury of the Social Security: affiliation and number, high in the Special Regime of Autonomous Workers (RETA) for Social Security. – In case of hiring workers: registration of the company, affiliation, registration of workers in the General Social Security Regime, discharge of employment contracts.
  • Labor Councils of the Autonomous Communities: opening communication of the work center.
  • Provincial labor inspection: obtaining and legalizing the Guest Book, obtaining the work calendar.
  • City councils: activity license, high in the Real Estate Tax.
  • Others: registration of distinctive signs, registration of personal files.
Collectivities without legal personality: Community of civil society Process of incorporation:
  • Notary: Public deed (in the case of contribution of real estate or real rights).
  • Ministry of Finance of the Autonomous Communities: tax on capital transfers and documented legal acts.
  • Tax Agency: Tax identification number.
Tax & Duties:
  • Tax Agency: registration of entrepreneurs, Tax on Economic Activities (exempt companies newly created during the first two years) and presentation of the private contract if the participation of community members in the Community is not equal.
  • Territorial Treasury of Social Security: affiliation and number, high in the Social Security Regime. In case of hiring workers: registration of the company, affiliation, discharge of workers in the general scheme of Social Security, discharge of labor contracts.
  • Labor Councils of the Autonomous Communities: opening communication of the work center.
  • Provincial labor inspection: obtaining and legalizing the Guest Book, obtaining the work calendar.
  • City councils: activity license, high in the Real Estate Tax.
  • Others: registration of distinctive signs, registration of personal files.
Mercantile Societies: Collective Society, Simple Compendium Company Comanditaria por ações, Sociedad Anónima, Sociedad Limitada y Sociedad Limitada de Nueva Empresa Process of incorporation:
  • Central Mercantile Registry: negative certification of the name.
  • Notary: public deed.
  • Ministry of Finance of the Autonomous Communities: tax on capital transfers and documented legal acts.
  • Mercantile Registry: registration of the company.
  • Tax Agency: Tax identification number.
Procedures to exercise the activity:
  • Tax agency: high in the census of businessmen, Tax on Economic Activities (exempt companies newly created during the first two years).
  • City councils: activity license, high in the Real Estate Tax.
  • Territorial Treasury of Social Security: affiliation and number, high in the Social Security Regime of the workers and / or administrators. In case of hiring workers: registration of the company, affiliation, discharge of workers in the general scheme of Social Security, discharge of labor contracts.
  • Labor Councils of the Autonomous Communities: opening communication of the work center.
  • Provincial labor inspection: obtaining and legalizing the Guest Book, obtaining the work calendar.
  • Others: registration of distinctive signs, registration of personal files.
In the New Company Limited Company the previous step for its constitution is the obtaining of the social denomination. Special Mercantile Societies: Labor Society, Cooperative Society, Reciprocal Guarantee Society, Capital-Risk Entities and Groups of Economic Interest. Process of incorporation:
  • Each Society has a different constitution process.
  • Procedures to exercise the activity:
  • Tax agency: high in the census of businessmen, Tax on Economic Activities (exempt companies newly created during the first two years).
  • City councils: activity license, high in the Real Estate Tax.
  • Territorial Treasury of Social Security: affiliation and number, high in the Social Security Regime of the workers and / or administrators. In case of hiring workers: registration of the company, affiliation, discharge of workers in the general scheme of Social Security, discharge of labor contracts.
  • Labor Councils of the Autonomous Communities: opening communication of the work center. Provincial labor inspection: obtaining and legalizing the Guest Book, obtaining the work calendar.
  • Others: registration of distinctive signs, registration of personal files.
In all these procedures, Montelongo Asesores can help you with fast cost-effective management.
Once your company is established and regardless of the form you have, we advise you legally, fiscally and accounting, and manage any aspect of its regular operation; accounting for companies, from the purchase or sale of shares or stakes to increases or decreases in capital, funds, taxes, contracts, accounting system, etc.