Corporate and Commercial Documents
The notary public plays a vital role in activities related to the establishment and growth of businesses, whether conducted by individuals or entities. This collaboration involves the authorization of various commercial contracts and the formalization or public registration of corporate agreements, facilitating access to the Business Registry. Some of these documents include:
Constitution and Dissolution of Companies
Sales of Shares
Appointment of Directors
Mercantile Powers
Increases and Decreases in Capital
Mergers and Divestitures of Firms
Statutory Amendments
General Notary Proceedings
Constitution of Companies
The public deed of company formation establishes a new legal entity. This process involves one or more individuals contributing assets to the company’s capital, electing representatives, and defining the essential elements governing the company’s activities (statutes).
The notary can handle the process of obtaining the Fiscal Identification Number (NIF) for the company and present the deed to the Tax Office and the Business Registry.
Purchase and Sale of Shares
This refers to the acquisition of shares owned by a partner in a limited liability company, the most common business structure in Spain. Shares may also be transferred through other means, such as exchange or donation.
Conversion of Private Social Agreements to Public Deeds
The notary converts an initial certification, issued by the administrative body of a commercial company, into a public deed. This process validates that all necessary requirements have been met, granting the agreement access to the business registry. Common modifications include the appointment and removal of directors, changes in corporate activities, address modifications, and capital increases or reductions.
Records of Real Ownership
This document identifies the individuals or entities holding 25% or more of the company’s capital stock. If no one holds this percentage, the identification extends to members of the main administrative body. This process ensures transparency and accountability in the company’s ownership structure.