Registering a Branch Office - Sucursal
Foreign companies can create a branch in Spain reasonably quickly. There are three steps to incorporating a branch:
- Ensure that the foreign company is identified in Spain so that notarial deeds can be produced in the name of the foreign company through acquisition of a CIF number
- Ensure the people who represent the foreign company are empowered to register the branch through acquisition of an NIE number
These steps are discussed below.
Getting a fiscal identification number for the Parent Company - CIF Number
You will need a identification number for the foreign company which intends to register a branch in Spain. This number is called a "CIF", which means it is a tax identification number. This number is required so that the company may be identified in any notarial documents.
The documents required to get the CIF number are:
- Certificate of Good standing, with apostille, regarding the foreign company which depicts the directors and shareholders, and proves that the company is in good standing in its own country
- Copy of the deeds of the foreign company- these do not have to be legalised
- Resolution from the board of the foreign company, stating that they wish to instruct us to get a CIF number in Spain for the holding company
- Translation of above documents. In most cases we can translate the documents, alternatively we arrange a 'sworn translation' of documents
You will usually get your CIF number immediately.
Acquisition of an NIE number
Branches, like limited companies, must have a director. People who are chosen as directors do not need to be residents, but do need to be identified in Spain with a NIE number. Typically, a person will already be director of the foreign company which wants the Branch in Spain.
The following steps are needed:
- The potential director should apply for an NIE number in the Spanish consulate of his country of residence or with a designated police station in Spain.
- We will draft a Power of Attorney to obtain an NIE number. The Power of Attorney must be signed with a notary in the country of the director, and legalised for use in Spain; then sent to us.
- We will apply for an emergency NIE number with the tax authorities, and this number will be given to us immediately.
- The authorities will give a director a permanent NIE number at a later date.
The registration of the branch
The branch comes into existence through a notarial deed which can be signed by a representative of the foreign company with a power of attorney, or by us on behalf of the company. There are then several steps and payments that we make on behalf of the company that has set up the branch. These include:
- Registering the deed at the Regional Tax Office, national tax office and registry of companies.
- Obtaining the “digital signature” for the company, so that it can lodge various tax returns
Our services as a registered office for a branch
We can act as registered office for a branch office of a company. This is useful because:
- We can receive official mail on behalf of the company
- As we are a full working office we can attend to mail quickly, and forward it to you as soon as possible.
- If you have a presence in Spain,but speak different languages; such as English, French, Russian or Arabic; we can let you know what any mail means, as soon as it arrives.