How to Create a Foundation in Spain: Legal Steps & Requirements

Why Set Up a Foundation in Spain?

Foundations in Spain (fundaciones) are nonprofit legal entities established to serve the public interest through educational, cultural, social, environmental, or philanthropic initiatives.

✅ Ideal for:

  • Philanthropists and family offices

  • Corporate social responsibility (CSR) initiatives

  • NGOs expanding into the EU

  • Donors seeking tax-efficient giving

At Borderless Lawyers, we provide legal support to help international clients create and register Spanish foundations that are compliant, tax-efficient, and impactful.


🧾 Legal Framework for Foundations in Spain

Spanish foundations are governed by:

  • Law 50/2002 on Foundations

  • Autonomous regional laws (e.g., Catalonia, Madrid)

  • Tax Law 49/2002 (for nonprofit tax regime)

📌 The foundation must pursue general interest purposes such as education, science, arts, environment, or humanitarian goals.


🛠️ Steps to Create a Foundation in Spain

1. 📝 Define the Mission & Purpose

  • Must benefit the public or a specific community

  • Cannot be created for private or profit-making purposes

  • Clearly outlined in the Articles of Incorporation

🔍 We help tailor your mission statement to ensure legal compliance.


2. 💶 Provide Initial Endowment

  • Minimum capital: €30,000 (can be in cash or assets)

  • Must be sufficient to carry out the foundation’s goals

  • Proof of deposit required for registration

📑 Founders can contribute cash, property, or other non-cash assets.


3. 🏛 Draft the Foundation Charter

Must include:

  • Founders’ identity

  • Name and registered office

  • Purpose and activities

  • Governing body (board of trustees)

  • Asset management rules

  • Dissolution clauses

✅ Our legal team drafts bilingual (Spanish-English) charters aligned with national and regional laws.


4. 📁 Register the Foundation

Submit documentation to the National or Regional Foundations Registry:

  • Notarized public deed of incorporation

  • Bank certificate of endowment

  • Tax identification (NIF) application

  • Identification of trustees

  • Regulatory compliance documents

🕐 Registration typically takes 2 to 4 months, depending on the region.


5. 🧑‍⚖️ Appoint the Board of Trustees

  • Minimum of 3 individuals or legal persons

  • Trustees manage strategy, funding, compliance, and reporting

  • Board meetings and resolutions must be recorded annually

⚠️ Trustees are personally liable for financial misconduct or non-compliance.


6. 📊 Tax Registration & Exemptions

To benefit from Spain’s nonprofit tax regime:

  • Apply for Law 49/2002 tax status

  • Subject to 10% corporate tax on economic activities

  • Eligible for VAT exemption and donor tax deductions

💡 Donors (individuals or corporations) can receive up to 80% in tax relief.


💬 Real-World Example

Case: A U.S. family foundation aimed to fund educational scholarships across Spain and Latin America. We:

  • Drafted the foundation charter in English and Spanish

  • Registered the foundation with the National Registry

  • Advised on tax exemption under Law 49/2002

  • Ensured cross-border donation compatibility

🎯 The foundation is now fully operational, with approved tax-deductible status and EU funding eligibility.


🧷 Ongoing Compliance

Spanish foundations must:

  • Submit annual financial reports

  • Maintain accounting and activity logs

  • Notify the registry of governance changes

  • Conduct activities consistent with their purpose

📘 We offer full post-incorporation legal and administrative support.


🌍 Why Work With Borderless Lawyers?

  • ✅ Nonprofit & foundation law specialists

  • ✅ Support for international founders

  • ✅ Multilingual legal documentation

  • ✅ Tax and registry compliance

  • ✅ Cross-border donation structure

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