Any business requiring premises must obtain an opening licence from the local Town Hall. This licence will be granted once the premises have been inspected and the authorities are satisfied that the premises are suitable for the proposed business, and that the premises comply with planning permission and are safe and hygienic.
To sell or serve alcohol or food a health licence is required and such premises must undertake sanitary and technical inspections and employees also need to obtain a food handlers certificate.
All employees must be registered for social security at the Tesorerio Territorial de la Seguridad Social and the place of work must be registered with the Ministry of Labour and an Activities and Facilities Licence obtained for the premises.
Upon commencement of trade, notification must be sent to the Provincial Office of the Ministry of Labour and thereafter a visits book and a personnel book listing all workers according to category must be available for inspection.
Operating a limited company
Day to day responsibility for running the company lies in the hands of the director ( administrador ) appointed under the Deed of Incorporation and to whom Power of Attorney to act on behalf of the company will have been granted.
Spanish companies mostly have only one appointed director ( administrador ) but it is also possible to appoint the equivalent of a board of directors ( consejo de administracion ).
Accounting
The company must prepare and file annual accounts (libros y cuentos anuales ) and file any changes in registered share capital, management and structure of the company.
Spanish accounts must be prepared according to Spanish GAAP (Plan General Contable ).
A Spanish prepared invoice ( factura ) must contain the following:-
- Business/Company name
- Business address
- Business CIF or NIF
- Customer name
- Customer address
- Customer VAT or Tax reference
- Amount before IVA/VAT ( Base imponible )
- IVA/VAT
IVA/VAT should normally be charge unless the recipient of the goods or service is VAT registered in another EU country in which case the reverse charge rule applies.
Spanish law permits the veil of incorporation to be lifted in cases of fraudulent or reckless trading (trading whilst insolvent), including not filing accounts and returns, and if proved then the director ( administrador ) can be held responsible for the company debts.
