Tag: Business

Registro de Empresas Acreditadas – REA – for foreign companies

Registro de Empresas Acreditadas – REA – for foreign companies

Health and Safety

Under Spanish Health and Safety regulations Spanish and foreign Companies operating on construction sites in Spain in concept of contractors or subcontractors must be inscribed in the Registry of Accredited Companies (Registro de Empresas Acreditadas – “REA” in Spanish) and comply a series of requirements:

1. Have an organization production, facilities, work teams and the staff needed to carry out the assignments received;
2. Have an adequate organization in matter of prevention of occupational risks and have staff with health and safety training at work.

Registration in the REA

Registration in the Registry of Accredited Companies (Registro de Empresas Acreditadas – “REA” in Spanish) – certifies compliance with these requirements.
Companies that contract or subcontract work in construction sites must verify that their companies’ contractors or subcontractors meet the requirements legally required. The way to fulfill this duty of verification is requesting and obtaining a certification from the Spanish labor authority that certifies that the company is registered in the Registry.

Our Services

We help foreign companies registering in that registry. In addition, we notify posted foreign workers to the Spanish labor authorities as required by Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.

Contact

If you want to know more please contact us or call Jochem Schoevers directly on 0034 610 739 364 or email: jschoevers@businessadvicespain.com

REA-Registro-de-Empresas-Acreditadas-Registry-of-Accredited-Companies
REA-Registro-de-Empresas-Acreditadas-Registry-of-Accredited-Companies
ERTE – Temporary Suspension of Employment

ERTE – Temporary Suspension of Employment

(This article was updated here and here) Due to the Corona virus crisis, many Spanish companies (think of airlines, hotels, restaurants, leisure sectors) are now proceeding to suspending employment temporarily. The so called ERTE, or Temporary Suspension of Employment procedure allows employers to suspend work or reduce working hours in case of Force Majeur (the Spanish Ministry of Labor has qualified the Covid19 crisis as such). This procedure is not to be confused with the so called ERE, which has a definitive character, i.e. the employment finishes. In the UK a similar procedure is furlough. Continue reading “ERTE – Temporary Suspension of Employment”

Board or joint and several directors?

Board or joint and several directors?

Foreign companies often ask what the best form of governance/ management is for their subsidiary in Spain. A “Board of Directors or joint and several directors of a limited liability company in Spain?” Of course this depends on the trust relationship the mother company (the shareholder) has with the management of the Spanish company. Most efficient would be the joint and several director system, that director will be able to manage most the daily business of the Spanish company without having to recur to other directors (in case there are more directors. In case there is only one, it would be a “sole director” automatically having the same faculties as a joint and several director). The same can however be achieved through a board of directors appointing from their midst a managing director (a “consejero delegado” established in article 249.2 of the Spanish “Ley de Sociedades de Capital” – Law of Capital Companies). Sometimes the impression is created that a board of directors guarantees more control over the operations of the Spanish sub. That is not necessarily true.

We have set up and worked with many Boards of Directors and or joint and several directors, or sole directors. Feel free to contact us to discuss what a suitable governance body would be for your subsidiary company in Spain. It all depends on the circumstances.

You may appoint foreign directors (individuals or companies) without any problem, they will need a Spanish tax number though. A so called Numero de Identificación Fiscal (a “NIF”) and in case of foreigners, a NIE, a Numero de Identificación de Extranjeros. We can help in obtaining that number.

Next time you ask yourself, Board or joint and several directors? Contact us or dial direct 0034 610 739 364 if you would like to discuss what could be the adequate form of governance for your company. Also see this article.