Set Up a Cooperative in Spain: Legal Guide for Entrepreneurs & Expats

What Is a Cooperative in Spain?

A cooperative (cooperativa) is a legal business structure based on democratic management and shared ownership among members. Unlike other business forms, cooperatives prioritize mutual benefit over profit maximization.

👥 Key Traits:

  • Each member has one vote, regardless of capital contribution

  • Profits are shared among members or reinvested

  • Can be formed in almost any industry: agriculture, education, retail, health, energy, and more


🧾 Types of Cooperatives in Spain

Spain recognizes several types of cooperatives under national and regional laws:

  1. Worker Cooperatives (Cooperativas de Trabajo Asociado)

  2. Consumer Cooperatives

  3. Service Cooperatives

  4. Agricultural Cooperatives

  5. Credit Cooperatives


📋 Requirements to Set Up a Cooperative in Spain

Requirement Details
Minimum Members Usually 3 individuals
Capital No fixed legal minimum
Registered Office Must be based in Spain
Company Bylaws Required for governance and operations
Governing Bodies General Assembly + Governing Council
Fiscal Number (NIF) Issued by the Spanish Tax Agency
Registration Mandatory in the regional Cooperatives Registry

🏛️ Legal Steps to Register a Cooperative

  1. 📄 Draft the Statutes (Bylaws)

  2. 🆔 Reserve the cooperative’s name

  3. 🔐 Get a digital certificate

  4. 🧾 Obtain a provisional NIF

  5. ✍️ Sign the public deed before a notary

  6. 🗂 Register with the Cooperatives Registry

  7. 📑 Finalize NIF and tax setup

  8. 🧾 Register with Social Security


💼 Taxation of Cooperatives

  • Corporate Tax: Reduced to 20% for protected cooperatives

  • VAT: Applies normally depending on activity

  • Other Relief: Exemptions on some local and administrative taxes


📊 Compliance Duties

  • File annual accounts and reports

  • Hold member assemblies

  • Maintain cooperative status through proper operations


🌍 Can Foreigners Create a Cooperative in Spain?

Yes — both EU and non-EU residents can legally form and operate cooperatives in Spain. You’ll need a valid NIE, and in some cases, a residence permit.


🛠️ How Borderless Lawyers Can Help

👨‍⚖️ Our services include:

  • Drafting your cooperative’s legal documents

  • Managing registration and tax compliance

  • Ongoing legal and accounting support


💬 Real-World Example

Case: A group of translators from Argentina, France, and Spain formed a remote-first cooperative to offer multilingual services across Europe. We handled their complete legal setup, cooperative protection status, and tax optimization.


✅ Summary

Cooperatives in Spain are ideal for founders prioritizing democratic governance and shared benefit. With professional legal guidance, your cooperative can access tax benefits and grow under a secure, compliant structure.


🚀 Ready to Set Up Your Cooperative in Spain?

Let Borderless Lawyers take care of every legal, tax, and compliance detail — so you can focus on building a purpose-driven business.

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