Business and Commercial Law in Spain
ALTEALEX — Business and commercial law
Commercial Legal Support for Foreign-Owned Businesses in Spain
Running a business in Spain as a foreigner means dealing with a legal system that works differently from the one you know: contracts are interpreted differently, commercial obligations are formalised before a notary far more often, and the consequences of getting the paperwork wrong tend to appear years later rather than immediately.
We advise foreign entrepreneurs, family businesses and investors who operate in Spain — whether that is a small tourism or hospitality business on the Costa Blanca, a property investment structure, or a Spanish branch of a company based abroad. Everything is handled in English, and we explain the Spanish position in terms that make sense against the rules you already understand at home.
Our approach is preventive. Most of the commercial disputes we are asked to litigate could have been avoided with a properly drafted contract at the outset, which is where we prefer to be involved. If you are starting from scratch rather than buying an existing business, see how we handle company formation in Spain.
Situations We Handle Most Often
- Contracts. Drafting and reviewing supply, distribution, agency, service and lease agreements. Special attention to termination clauses, jurisdiction and applicable law, which are the clauses that matter when a relationship breaks down.
- Commercial leases. Renting business premises in Spain follows rules that differ substantially from residential lettings, particularly around duration, deposits (fianza) and the right to renew. We review the lease before you commit.
- Partner and shareholder matters. Shareholders’ agreements, changes in ownership, exit of a partner, and the deadlock situations that arise in 50/50 companies.
- Buying or selling a business. Due diligence on the target, structuring the transaction as an asset or share purchase, and handling the liabilities that transfer with the business — including employment and tax obligations.
- Ongoing compliance. Corporate books, filing of annual accounts, and the anti-money-laundering obligations under Law 10/2010 that apply to many transactions involving foreign capital.
- Debt recovery. Formal demand, negotiation and, if necessary, the Spanish proceso monitorio for undisputed commercial debts. When negotiation fails, the claim passes to our litigation team.
Our Business Law Service Includes
- Reviewing and drafting commercial contracts in English and Spanish.
- Advising on the most suitable legal structure for your activity in Spain.
- Negotiating and reviewing commercial leases for business premises.
- Preparing shareholders' agreements and partner exit arrangements.
- Legal due diligence when buying an existing business.
- Handling the notarial formalities required for corporate transactions.
- Anti-money-laundering compliance under Law 10/2010.
- Commercial debt recovery, from demand letter to court claim.
Call Us
(+34) 966 880 012
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A free initial consultation to review your commercial situation in Spain and tell you what needs to be in place, in plain English.
Frequently Asked Questions About Business Law in Spain
Do I need a Spanish company to do business in Spain?
Not always. Depending on the scale and nature of the activity you may operate as a self-employed person (autónomo), through a Spanish company, or through a branch of your existing foreign company. Each has different tax, liability and administrative consequences, and the right answer depends on turnover, risk and how long you intend to operate here.
Is a contract signed in English valid in Spain?
Yes, a contract in English is generally valid and enforceable in Spain. However, if it ends up before a Spanish court it will need an official translation, and certain clauses drafted under common-law logic may not have the effect you expect under Spanish law. We usually recommend a bilingual contract drafted with Spanish law in mind.
What is a proceso monitorio?
It is a simplified Spanish court procedure for claiming undisputed debts. If the debtor does not oppose the claim within the deadline, enforcement can proceed quickly. It is often the most efficient route for unpaid commercial invoices.
Can you act for my business if I am not in Spain?
Yes. With a power of attorney we can sign before a notary, deal with the tax office and the Commercial Registry, and represent your business in Spain without you needing to travel.