
The
shareholders in Spain are the natural persons or
legal entities (depending on the
company’s business form) who are
founders of the company or who become associates in the company later on during its activity. A
company can receive
shareholders after its
incorporation as well and their rights and obligations are usually given by the number of
shares they own in the
company. The legal rights of the
Spanish shareholders are established by the
company’s statutory documents, such as the articles of association and memorandum, which prescribe different provisions depending on the business form under which the
company is incorporated.
Our team of company formation specialists in Spain can assist foreign investors with more details on this subject.
General rights for shareholders in Spain
The shareholders of a company in Spain have a wide set of rights, as prescribed by the commercial legislation applicable here. Thus, we mention the following:
• to obtain the company’s profit in respect with the shares they own;
• to share the company’s capital;
•
to
issue new shares, based on specific regulations;
• voting in the general meeting;
• participation in the general meeting;
• providing ideas for the company’s strategy.
• minority shareholders;
• majority shareholders.
Shareholders’ agreements in Spain
Another way through which the investors can establish other types of rights is by signing a shareholders’ agreement, which is a contract that further regulates the legal background of a shareholder in a Spanish company. However, it is important to know that there is no standard shareholders’ agreement and that it can vary depending on the legal entity of the company.
The document regulates matters such as:
• voting criteria;
• financing matters;
• commercial matters;
• company’s business plan;
• strategies;
• management control.
Our company formation consultants can provide more details on the legal aspects related to the
shareholders of a Spanish company when
opening a company in Spain. Please
contact our agents for advice.