If you are thinking of moving, expanding, or establishing your business abroad, there are several documents you will likely need. In this article we will outline a few key steps in the process of moving or establishing your business overseas. We will also look at the role of commercial document legalisation in this process.
Preparing Your Documents
Let’s take the example of moving to Spain. Before you can set up a business in Spain, you will need an NIE (Número de Identidad de Extranjero). This is the Spanish version of a Foreigners’ Identity Number. This identification number can be obtained by anyone who has personal, economic, or professional interests in Spain [1], and it is necessary in order to complete financial activities in Spain, such as purchasing property and paying taxes. You must complete the application for an NIE in the district in which the business will operate. This means that, if you are still based in the UK, it may facilitate the process to certify a Power of Attorney (PoA). A PoA will spare you the need to go back and forth between the two countries. It is a document which appoints a representative to take certain legal actions on one’s behalf. This can be any individual you trust who is resident in the country in which you intend to set up business. The PoA normally authorises them to make in-person applications and attend meetings on your behalf.
Document Legalisation
To ensure your Power of Attorney is valid in Spain, you will need to sign it in front of a Notary Public. After notarisation, it will need an Apostille from the Foreign, Commonwealth and Development Office (FCDO). The Apostille is an international legal certification that attests to a document’s validity in other signatory countries. For more information on the Apostille, please see our article The Apostille Process. Once your PoA has been legalised for use in Spain, the appointed individual will be able to act on your behalf, applying for your NIE, as well as fulfilling other necessary requirements such as preparing your Deed of incorporation, which must be notarised by a notary in Spain [2].
Another commercial document which you may need if you are expanding or moving an established business overseas is a Certificate of Good Standing. This is a certificate which attests that a company has been in ‘continuous, unbroken existence since its incorporation and that no action is currently being taken to strike the company off the register’ [3]. In the UK, Companies House issue Certificates of Good Standing. For use in Spain, this document must have a Hague Apostille.
Preparing these documents ahead of moving your business abroad will save you time making trips back and forth. At Pardus Bloom, we can save you even more time by handling the commercial document legalisation processes for you. We also offer a discounted corporate rate – please do contact us if you would like to know more.
[2] https://www.justlanded.com/english/Spain/Spain-Guide/Business/Incorporation
[3] https://www.gov.uk/guidance/order-certified-copies-and-certificates-from-companies-house