Notarial services for the commercial sector
At JLA Notarios we specialise in Company Law and Commercial Law and one of the questions we most frequently receive at our notary office is related to the different commercial actions that companies require and their prices.
In this post we will try to explain, case by case, the most common commercial services in a notary office, taking into account all the costs and notarial fees that may arise, including taxes, registry fees and other expenses generated by the services.
If you need a specific service or a personalised quote for the management you require, our entire team is at your disposal at the email: bcn@jlanotarios.com.
Notarial Services and Expenses of a company
The notarial function plays a crucial role in our society, especially in the business field as it supports decision-making and the formalisation of commercial agreements. Notarial advice to companies, the drafting of contracts, statutes and other legal documents encompass various commercial notarial services.
The work of Notaries provides legal certainty and ensures that documents are drafted according to the law, backing each of those commercial transactions.
Online Notarial Services for Companies
With the approval of Law 11/2023, of 8 May, there are numerous commercial services that can be processed electronically, managing faster appointments and obtaining electronic copies of notarial documents more easily. This allows citizens and entrepreneurs to choose Online Notaries in Spain specialised in Commercial Services such as JLA Notarios. Legalising their documents before a Notary has never been so easy.
Speed up your company's procedures or resolve situations by connecting people directly related to the management via videoconference thanks to our Online Notary. Learn more about this procedure in this article:
The following are the notarial services for companies that can be processed electronically:
- Incorporation of all types of companies online
- Appointments and dismissals of Directors online
- Changes of registered offices online
- Amendment of company bylaws or notarisation of company resolutions online
- Capital increases and reductions online
- Mergers online
- Spin-offs online
- Changes of company types online
- Dissolution and liquidation of Companies online
- Change of company name online
- Declaration of sole ownership and declaration of loss of sole ownership online
- Amendment of corporate purpose online
- Amendment of the Management body online
Now we will distinguish the different costs of the various notarial services of a commercial nature. Remember that in the Royal Decree 1426/1989, of 17 November, the Notaries' Fee Schedule is approved, which determines the Notary's fees and notarial charges.
Deed of incorporation of a company
A Notary for company incorporation allows, by means of a deed, for a company to be established and to conduct its business in compliance with all the requirements demanded by law.
What is the price?
In a company incorporation, you have to pay the Notary for the company incorporation and the registration of the company in the Mercantile Registry. These are regulated by law and are calculated taking into account various criteria such as the company's incorporation capital.
Additionally, the deed of company incorporation must be submitted to the Tax Office, as an act subject but exempt from the Tax on Corporate Operations. This means that the tax must be declared, but not paid. However, payment will be required to whoever carries out this procedure, which can be managed by a management agency, a law firm, or a notary's office.
Currently, the CIRCE system for company incorporation is also available, which reduces the cost of company incorporation, notary and registration fees, and shortens the incorporation times. This system involves going to an Entrepreneur Support Point (PAE) and is not always the most advisable system, although it is suitable for the simplest cases of company incorporation.
You can also process the online company incorporation with JLA Notarios.
Deed of amendment of company name
The Notary for change of company name modifies the name of a company, so that trading can be done under the new name.
What is the price?
The company that changes its name must pay the notary for the name change and the Registry fees. Both costs are set by law. Additionally, if a professional is in charge of the registration of the name change, the expenses incurred by this action must be borne.
Deed of change of registered office
The deed of change of a company's registered office allows the legal change of a company's headquarters.
What is the price?
The company will have to bear the notarial fee for the change of registered office and the Commercial Registry. In both cases, these are set by law according to a series of concepts. Additionally, if a professional is hired to handle the registration, their fees will have to be paid.
Deed of resignation and appointment of directors
The deed of dismissal and appointment of administrators allows the modification of who the administrators of a company are.
What is the price?
The company that changes its administrator must bear the cost of notarial and registration procedures. These are set by law depending on the case. Additionally, if a professional is going to handle the registration of this deed, the cost of their services must be paid. If you wish to know the Notary fee for changing an administrator, contact us.
Deed of amendment of the corporate purpose
The deed of change of corporate purpose allows the activity of a company to be changed in compliance with all legal requirements. The company's activity can be changed or activities can be added to or removed from the corporate purpose.
What is the price?
The company that changes its corporate purpose must pay the notary for the change of corporate purpose and the expenses of the Mercantile Registry. These are established by law depending on the cases. In addition, the registration management must be paid when carried out by a professional.
Deed of elevation to public deed of social agreements
The public deed of social agreements ensures that a social agreement complies with the requirements of the law and allows access to the Commercial Registry of the agreement adopted by the company.
What is the price?
The company must bear the cost of the notarial management of the formalisation of a company agreement and the expenses of the Commercial Registry, if the agreement needs to be registered. In addition, the fees of the professionals responsible for processing the registration must be paid.
Deed of capital increase and deed of capital reduction
The deeds of increase and reduction of share capital allow the modification of the share capital amount of a company.
What is the price?
In both cases, the company must bear the notarial fee for the capital increase or capital reduction. Also the Commercial Registry fees. These fees are set by law taking into account various criteria.
The deeds of capital increase are subject to but exempt from the Corporate Transactions Tax, so a form must be completed at the Tax Office, although the tax does not have to be paid.
In capital reductions, the form for the Corporate Transactions Tax must also be completed at the Tax Office, and individuals who receive assets from a capital reduction must pay taxes.
Deed of dissolution and liquidation of company
The deed of dissolution and liquidation of a company allows the termination of a company by fulfilling the legal requirements, so that the company ceases to exist in legal terms.
What is the price?
It will be necessary to pay the notary for the management and the Registry fees. They are set by law taking into account various criteria.
In addition, the fees of the professional who fills in the Corporate Transactions Tax form must be paid and this tax will have to be paid if money or assets are received from the partners.
Deed of sale of company shares
The notary for the transfer of shares and stakes drafts the deed that allows a partner of a company to sell all or part of their stake in a company to another person. Likewise, the sale of shares in public limited companies can take place.
What is the price?
The buyer must pay the notary fee for the sale of shares and the management expenses at the Tax Office for this sale. In this case, the financial contribution to the notary is usually proportional to the declared price or value of the transaction. In addition to the Notary fees for the sale and social shares, there are taxes to be paid such as the Personal Income Tax, if capital gains have been made, or the Wealth Tax in certain Autonomous Communities.
Notarial loan policy
The notary for loan policy allows a company to obtain a loan from a bank in order to have funds for its activity.
What is the price?
The company must pay the notarial management for the loan policy. These are set by law and depend on the amount of the loan, whether there is a guarantee or not, and the number of pages of the policy.
Notarial credit policy
The credit policy allows a company to have money available in the bank, being able to use it or not. Different commissions will be paid to the bank depending on whether the funds are used or not. It is common for the bank to require going to a notary.
What is the price?
The company must bear the cost of the notary fees for the credit policy. They are set by law and depend on various factors such as the amount of the credit, the guarantees provided by the person receiving the credit, and the number of pages of the policy.
Leasing policy
The notarial leasing policy allows a company's leasing to be elevated to a public document.
What is the price?
The company must bear the cost of the notary, which is regulated by law. In this case, it depends on the amount of the leasing, the guarantees provided, and the number of pages of the policy.
Notaries for online commercial services
With this post, we hope to help understand how from a notary office like JLA NOTARIOS – Notary in Barcelona – we can assist companies in managing their notarial matters and how we can add value with our work.
At JLA Notarios we are a Notary specialised in companies and Commercial Law and both from our offices on Avenida Diagonal in Barcelona and through our online Notary service, we will provide you with the best commercial service. The whole team is at your disposal and if you need to sign a notarial document in Barcelona we can help you and provide a personalised quote from the email bcn@jlanotarios.com.