SPAIN Trends and Developments Contributed by: Miguel Bolivar Tejedo, Daniel Gurrea Boix, Esther Mont Soria and Antonio Coello Luna, Anaford Abogados
tation of electronic processes – within a favourable macroeconomic and social environment. Electronic incorporation Spain has recently adopted legal reforms aimed at simplifying administrative procedures and removing barriers to entry. Start-ups have undergone a particu - larly significant transformation. This has been strongly driven by the implementation of the Create & Build Act ( Ley Crea y Crece ) (18/2022), a landmark piece of legislation strengthened by Spain’s Law 11/2023 on the digitisation of notarial procedures, which has ena - bled the incorporation of companies entirely online, as well as by Law 28/2022 ( Ley de Start - ups ) on the promotion of start-ups. This regulatory framework has revitalised the business sector, as well as helping con - solidate a start-up ecosystem that is highly competi - tive on the international stage. The aforementioned legislative developments have completely transformed traditional corporate struc - tures through two substantial operational changes that redefine the rules of company creation. • The previous process for the incorporation of limited liability companies (the most widely used legal form in Spain) has been abolished, allowing them to be incorporated with a share capital of just EUR1. This measure minimises establishment costs, aligning Spanish company creation with Anglo-Saxon corporate standards. • Comprehensive digitalisation: The online process for company establishment – via the Single Elec - tronic Document ( Documento Único Electrónico – DUE) – harmonises procedures involving notaries, mercantile registers and the Tax Agency through a single digital portal. This procedure drastically reduces the time required for registration and obtaining a tax identification number to 24–48 hours. In addition, standardised templates for articles of association are available to the public to streamline the assessment process of the Mercan - tile Registries (which, under the standard company incorporation procedure, have 15 working days to register and approve the incorporation of any company).
Although these technical advances have significantly facilitated initial administrative procedures, sector reports – such as the prestigious Global Entrepre - neurship Monitor Spain National Report 2025–2026 by the National Entrepreneurship Observatory (the “GEM Report 2025–26”) – show that while these measures have facilitated business creation, they are not the root cause of the upturn in business activity. It is widely accepted amongst experts in the busi - ness sector that the option to establish companies with share capital of EUR1 has had more of a psycho - logical than an operational effect. Most founders con - tinue to prefer limited companies with the traditional EUR3,000 share capital due to liability concerns and commercial image considerations. As a result, these measures have helped democratise access to entre - preneurship, yet they are not the driving force behind business start-ups in Spain. A favourable situation The significant increase in the number of companies being incorporated (an increase of over 13% in 2026, according to statistics from the Mercantile Registries in Spain) and the general upturn in business activity are mainly due to the favourable macroeconomic and social climate, driven, amongst other things, by the following factors. • Cultural change and artificial intelligence (AI): Spain has a well-established culture of entrepreneurship. According to the GEM Report 2025–26, the rate of early-stage entrepreneurial activity has risen to 7.8% (compared to 7.2% in the previous year), fuelled by professionals with higher education qualifications and senior founders with previous corporate experience who are seeking to capitalise on new opportunities. With a more highly educated pool of new entrepreneurs, AI and data analyt - ics are playing a key role in reducing the costs of digital business models. Almost three out of every ten new start-ups operate with integrated AI tools from the outset, enabling highly competitive and efficient micro-enterprises to be launched onto the market instantly. • Foreign workforce and digital nomads: The attrac - tion of international talent and visas for digital nomads have turned Spain into a hub for skilled human capital. These visas take the form of resi -
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