The minimum capital required by the Spanish Corporate legislation will depend on the type of company we want to incorporate.
In order to give answer to this question, we will focus on the most common types of companies, Limited Liability Companies and Public Limited Companies.
The Limited Liability Company, not known as “Sociedad Limitada“, requires a minimum capital of 3,000 euros, being no limit of maximum capital.
However, it is possible that at the time of granting the public deed of incorporation the share capital does not reach 3,000 euros. In this case, the company will be named as “sociedad en régimen de formación sucesiva” / ” company under successive formation” and will be subjected in a special regime. Once the minimum capital has been reached, it will be renamed as “Limited Liability Company”.
Also, we must bear in mind that Spanish legislation does not strictly require that the minimum capital be subscribed through a monetary contribution, but also through a non-monetary contribution, that is, through the contribution of assets or rights susceptible to economic valuation. Thus, we can contribute in the incorporation with computers, provided that they reach the value of € 3,000, but we could not provide the work or service that will develop one of the partners.
On the other hand, we find Public Limited Companies, named as “Sociedades Anónimas”. The incorporation requires a minimum capital of € 60,000, being no limit of maximum capital.
This minimum capital must be disbursed at least 25% without this situation leading to the company being subject to a particular regime, as happens in the Limited Liability Companies.
In the event that the capital has been disbursed partially, the shareholder/s must contribute outstanding capital to the company, known as “passive dividends”, within the term and in the manner established in the bylaws.
In the same way as for Limited Liability Companies, the contribution to the share capital may be through non-monetary contributions, but in the case of the Public Limited Companies, it will be necessary to prepare a report assessing the contribution made.