Located between Málaga and Gibraltar at the Mediterranean sea, Marbella is an exclusive resort in Spain. Marbella is known as the Miami of Europe and has 320 sunny days a year. In Marbella, one can enjoy customized luxury stays as Marbella is known for its luxury villas, yachts, and high-quality services. Marbella also offers an easy-going lifestyle providing different activities such as hiking, yoga, pilates, golf, padel, surfing, swimming, skiing in the nearby Sierra Nevada and hanging out in the well reformed old town, Casco Antiguo. In Marbella, there are residents from 137 different nationalities and one can get along quite well with English.
NEAR FUTURE OF MARBELLA
Marbella Town Hall has launched a Marbella 2022 Project which consists of developing an idyllic type of smart and green city full of parks and biking routes. Also, creating a 200 km long (only in Europe) walking and the bicycling boulevard along with the Mediterranean Sea called Senda Litoral. Further Marbella Town Hall has decided to take steps on making the infrastructure more attractive, building a possible railway station, improving bus traffic and possible tram or metro.
In other words, Marbella is growing as an international and dynamic city in Europe.
Opening a company in Sweden is a straight forward process. Registration of a company in Sweden could be managed within a few weeks if one delivers all the required information to the local registration office.
Registering a company in Sweden usually begins with a company name search in the local register to check if the preferred company name is reserved or not.
Thereafter one has to prepare the articles of association, formation agreement and contract for a company bank account. In the last phase, the registration form has to be filed and sent together with all the documents to the Swedish register.
In case of international clients, the process usually includes documents authorized by the notary.
INTRO abogados can help you through the whole registration process.
Nowadays a lot of companies are dealing with personal data, that needs to be managed as stated in the General Data Protection Regulation (GPDR), and the Spanish Law for data protection (Ley Orgánica 3/2018, de 5 de Diciembre) taking into account also other regulations for storing sensitive data.
Personal data are for example name and address of a physical person. (Another thing is company data, that is not in general included in the GPDR).
Collecting personal data and not fulfilling the requirements of the mentioned norms could cause among other big sanctions for the neglecting company.
INTRO™ Lawyers can prepare all the documents needed to fulfill the norms for data protection and make Your company GPDR compliant.
Does Your mortgage in Spain have an abusive floor clause?
Loans taken before 2013 may have abusive floor clauses, especially loans signed between 2007 and 2009. In case there are not any decline in Your mortgage payments since 2008, then your mortgage could most probably include abusive floor clauses. In that case, you have the opportunity to claim back overpaid interests.
Our INTRO™ lawyers can help you negotiate with the lender and claim back the overpaid amount.
Golden Visa and Residence Permit in Spain
In Spain, there are different types of residence permits depending if the person comes from the EU or from outside the Union.
However, the so-called Golden Visa is a type of fast residence permit for especially foreigners (including family) who comes from outside the EU and are going to invest in Spain. The typical investment requirement is an investment in a property with a minimum value of 500.000 euros. But there are also other investment possibilities to achieve a residence permit in Spain via investments.
Our INTRO™ lawyers assist international clients with any type of residence permit or nationality matter. We serve in English, Spanish, Finnish and Swedish. You can also find a property to invest in at our property search website www.intromarbella.com.
One feared situation by property owners are tenants who do not pay rents neither are they willing to leave the apartment. What to do in this kind of situation?
Firstly, one could try to negotiate and send a payment requirement. If the tenant is willing to pay, one could try (depending on if one has trust in the tenant) sign a payment plan in which the tenant has to pay the rents in a certain period. If the tenant does not pay in the given time he will also need to lend the keys back and is informed that the owner will take legal actions collecting the credit and to force the possible eviction.
A common way to collect the unpaid rents is with a special type of process called “proceso monitorio” in which the eviction could be forced within the same court proceeding.
Our INTRO™ lawyers can assists you through the whole process.
Spain has quite complicated rental laws and there are a lot of scammers who are renting properties that are not their property or making double bookings which causes a lot of disputes between tenants and their rights to use the property.
For this reason, it is recommendable to have a lawyer to check the ownership data of the owner or possible “authorizations to rent the property” of their agents before making any prepayments.
Another thing is to prepare a specific rental contract for the specific use of the property, while in Spain the rental laws differ in many aspects between short- and long term rentals.
Our INTRO™ lawyers will assist you through any type of rental agreement.
From a legal point of view, the main difference is that in a Sociedad Limitada (similar to a limited liability company) the owners are liable only with the amount they have invested in the company, while an autónomo (sole proprietorship) is liable with the total amount of his personal assets, including property, money on bank account, car, etc. However, there are also some exceptions regarding the liability, because an administrator or owner of a limited liability company could still be responsible for personal assets in case of doing something illegal with the company, neglecting taxes or similar. On the other hand, a sole proprietorship could also limit the amount for which he is liable by choosing a special form of a sole proprietorship, which excludes the possibility for creditors to claim his home (to a certain amount).
Still, there are many other differences between these two business forms, such as the structure of the company, how much you can earn in the company, taxation and other matters as expenses. In general, one could conclude that a Sociedad Limitada is a good choice for those who aim to do business together with partners or would like to limit their liability in the company, while sole proprietorship is a very common and attractive choice for any freelancer that is planning to start a business in Spain, without aiming to share company profits with other partners or without a certain need to limit the liability against creditors.
Our INTRO™ multilingual lawyers can assist you in choosing the right business form, forming a company in Spain or incorporations for international structures.
Buying a property in Spain is quite an advanced process for foreigners who are not used to the Spanish bureaucracy and or do not speak Spanish.
The process could include amongst others the following matters:
- Filing for N.I.E. documents and notary documents
- Checking ownership data, possible burdens, and unpaid, taxes or community or other fees and building licenses
- Preparing or checking the validity in pre- and sales contracts
- Title Deeds
- Opening of a local bank account for expenses including taxes
- Opening of a bank account for the payment of the property
- Negotiating with the bank for mortgages
- Water-, electricity and other contracts
- Specific insurances
- Registration of the property in the name of the new owner
For this reason, we recommend to always contact a lawyer to assist you through the legal process of buying a property in Spain.
Our INTRO MARBELLA® multilingual lawyers can assist you with all this offering fast and reliable service for international clients.
Company Formation in Spain
Do you want to start your own business in Spain?
In Spain, there are different types of business forms to choose between. One of the most popular forms is the Spanish limited liability company (Sociedad Limitada) and the sole proprietorship (Autónomo).
Depending on which kind of company, you choose, there will be different requirements for the registration process. However, the first document you will need is the N.I.E. - number of the administrator/owner and registered address for the company.
For limited liability companies, the owner or the owners will also need to acquire a company bank account and pay the deposit for the shares, deed for forming the company and register the company in the local business register. In the case of a sole proprietorship, the process is different and the registration consists of notifications to the social system and the tax authority that the person is going to start an entrepreneurship.
Other things to take into account are the required contracts, insurances and possible registrations in professional registers for the economic activity that one is going to start, etc.
Our INTRO™ lawyers team will help you through the whole process, including finding a property for your business via our property search www.intromarbella.com (or an address service provider), formation and registration of the entity, assistance in opening a local bank account, insurances, etc.