Corporate and commercial documents
The notary public plays a crucial role in all activities related to the establishment and growth of businesses, whether undertaken by individuals or entities. This collaboration involves the authorization of various commercial contracts and the formalization or public registration of corporate agreements, enabling access to the Business Registry. Some of these documents include:
Constitution of companies: This public deed establishes the formation of a new legal entity, the company. It involves one or more individuals contributing assets to the company’s capital, electing representatives, and defining the essential elements that govern the company’s activities (statutes).
The notary can handle the process of obtaining the Fiscal Identification Number (NIF) for the company and subsequently present the deed to the Tax Office and the Business Registry.
Purchase and sale of shares: This encompasses the acquisition of shares owned by a partner of a limited liability company, which is the most common scenario in Spanish business practice. Additionally, shares can be transferred through other means, such as exchange or donation.
Conversion of private social agreements to public deeds: The notary converts the initial certification, originally issued by the administrative body of a commercial company, into a public deed. This process verifies and validates that all necessary requirements have been met, granting access to the agreement in the business registry. Common modifications include the appointment and removal of administrators, changes in corporate activities, address modifications, and capital increases or reductions.
Records of real ownership: Through these records, the company’s administrator or authorized representative identifies the partners holding 25% or more of the company’s capital stock. If no one holds that percentage, the identification extends to members of the main administrative body. This process ensures transparency and accountability within the company’s ownership structure.