When We have our business idea and we have reflected in it the details to favor the greatest success, the next step would be to choose the legal form. This is another key and very important point in the face of our business future. To properly Choose the legal form must be a decision that will avoid in the future problems of indefinition, legal inadequacy or of any other nature that, in short, would only harm the business activity. We Cannot establish general criteria that allow us to determine the most appropriate legal form, since each project has its own characteristics that require a particular study. However, we can cite some aspects to take into account at the time of making the choice of the legal form of the company: Possibilities when developing business economic activity: 1) Use the legal form of individual entrepreneur. 2) Use the legal form of social entrepreneur and, within it, we will opt for one of the options contemplated in our legal system and which are the following:-Civil Society (SC)-Limited Company (SL)-limited Company New Company (SLNE)-Sociedad Anonima (SA)-Labor Society (SLL/SAL)-Economic Interest Group (IEA)-1st grade Cooperative (S Cooperative) What factors should we take into account?
- Type of activity we are going to develop:
The activity that we are going to develop can condition the choice of the legal form in those cases in which the applicable legislation establishes a concrete form.
- Number of Partners:
The number of people involved in launching the new company also influences the election. Thus, when several promoters are advised, it is advisable to constitute a Community of Goods or a Company (without forgetting that the corporations and the Limited Liability Companies can be one-person).
- Responsibility:
The liability may be limited to the capital contributed (corporations, limited liability, etc.) or be unlimited, affecting both the mercantile and civil assets (individual entrepreneur, collective society, etc.).
- Economic Needs:
In this regard, we have to bear in mind that there are certain legal forms whose regulation requires minimum capital. For example, the Limited Company must have a minimum capital of 3,000.00 euros, which will be fully disbursed at the time of the Constitution. In the case of a corporation, it requires a minimum share capital of 60,000.00 euros, which must be disbursed at the time of the Constitution, at least 25% of the nominal value of each action.
- Tax Aspects:
The tax burden that business profit will have to endure is another criterion that should guide the election. In This sense we give you several examples:
- Mercantile companies: The results are taxed by the Corporate Tax to the general fixed rate of 30% (reduced in new companies),
- Cooperatives are taxed at 20%,
- The individual entrepreneur and the civil societies are taxed by the Income Tax of the Natural Persons applying it, in order to determine the taxation rate, a progressive scale which is rising as the taxable base of the tax increases.
As each project is a world, we leave a series of links that can help you get more information and make a little easier all this process: https://subsede.pyme.minetur.gob.es/es-ES/CreaEmpresa/Paginas/FormasJuridicasA.aspx http://www.ipyme.org/es-ES/DecisionEmprender/FormasJuridicas/Paginas/FormasJuridicas.aspx https://subsede.pyme.minetur.gob.es/es-ES/CreaEmpresa/Paginas/FormasJuridicas-Descripcion.aspx?cod=SRL&nombre=Sociedad+de+Responsabilidad+Limitada&idioma=es-ES http://www.creatuempresa.org/es-ES/PasoApaso/Paginas/FormasJuridicas.aspx http://www.paeelectronico.es/es-ES/CreaEmpresa/Paginas/FormasJuridicas.aspx and, of course, from the COIE unit of the UNED, we will be delighted to Help and manage it…
- Email: emprendedores-coie@adm.uned.es
- Telephone Consultation Hours (L to V, from 10am to 3pm)
- Phone: (+ 34) 91 398 97 09
- It is Necessary to request prior appointment in advance by e-mail indicating the personal details and reasons for the appointment.
We hope next week with news on our blog.
Stay tuned and have a good weekend!