The process of purchasing shares in a Spanish company
refers to the acquisition of property
in that respective company
. The purchasing process
involves a transfer of the ownership
and the procedure will require the assistance of a public notary in Spain
. Foreign businessmen who want to acquire shares in a company established in Spain
can receive assistance on this matter from our team of Spanish company formation representatives
Types of transfers available in Spain
Investors who want to purchase various assets in a company
have two options. They can purchase the assets
(or a share of the assets
) of a company
, including its liabilities, if it may be the case. The second option refers to the purchase of shares
. It is important to know that the transfer of ownership
in this case implies a capital gains tax
on the seller, which is generally applicable, but investors should know that there are several exemptions available in this situation.
The transfer of assets will always involve the payment of a capital gains tax, applicable to the seller at a rate of 30%.
Investors buying shares in a Spanish company
should also know that they will become responsible for the liabilities which may be incurred in the process, but they can also be covered through special provisions agreed upon in the sale/purchase agreement
; our team of Spanish company formation agents
can offer more information on this matter.
Purchasing shares in Spain
When purchasing shares in a Spanish company, it is highly recommended to perform due diligence procedures on the respective business. The seller is obliged by the local legislation to disclose relevant financial information to the purchaser, such as the books of accounts and tax returns. At the same time, the seller is allowed to require indemnities and warranties for the hidden liabilities of the company.
The Spanish legislation does not prescribe any type of local or state taxes for the transfer procedure.