Skip to content
Beatriz Milla Martí Notary · Es Mercadal, Menorca

Company Law · Menorca

Company formation

Updated 03/07/2025

Book an appointment

What Is Company Formation Before a Notary?

Company formation before a notary is the legal act by which one or more partners formalise, before a notary, the creation of a new commercial or civil entity, which will have its own legal personality and the capacity to carry out commercial or professional activities.

This involves drafting and signing the public deed of incorporation (escritura pública de constitución), which sets out the company's articles of association and the terms agreed between the partners.

When and How Is a Company Formed Before a Notary?

  • When the partners decide to formally and legally establish the business or company.
  • The company is formed by means of a public deed executed before a notary, which is mandatory for most types of company.
  • The deed must include basic details: company name, corporate purpose, registered office, share capital, partners and their contributions, management and duration.
  • The company is then registered with the Companies Registry (Registro Mercantil) to obtain full legal personality and public disclosure.

What Does Formation Before a Notary Involve?

  • Legal formalisationthe company acquires a legal personality separate from that of its partners.
  • Public disclosurethe public deed is entered in the Companies Registry, making it accessible to third parties.
  • Articles of associationthese govern internal operation, management, distribution of profits and other applicable rules.
  • Liabilitythe partners' liability is defined according to the type of company (limited, unlimited, etc.).
  • Share capitalsets the initial contribution and how it is structured (money, assets, rights).

Formal Requirements Before the Notary

  • Full documentation for the partners (Spanish ID card (DNI), tax identification number (NIF), etc.).
  • Drafting and approval of the draft articles of association.
  • Specifying the corporate purpose and registered office of the company.
  • Setting the share capital and the form of contribution.
  • Appointing the management and representative bodies.
  • Signing the public deed before the notary.
  • Formal start of activitythe company can begin operating as a legal entity.
  • Legal protectionthe partners' liability is limited to the capital contributed (in limited companies).
  • Tax and accounting obligationsthe company must meet its tax obligations and keep accounts.
  • Capacity to contractit can enter into contracts, acquire assets and take on obligations.

Advantages of Forming a Company Before a Notary

  • Legal certaintythe public deed provides authenticity and legal validity.
  • Access to financea formally incorporated company finds it easier to access loans and grants.
  • Professional imageit inspires confidence in clients, suppliers and business partners.
  • Clear rulesthe articles of association govern internal disputes and day-to-day operation.

Other Company Law procedures

Sale of company shares (participaciones) What I need and how it works General commercial power of attorney What I need and how it works Beneficial ownership certificate (acta de titularidad real) What I need and how it works Removal and appointment of a director What I need and how it works Transfer of registered office What I need and how it works Change of company name What I need and how it works Share capital increase What I need and how it works Share capital reduction What I need and how it works Notarisation of private documents What I need and how it works Amendment to the articles of association What I need and how it works Notarial minutes of a meeting What I need and how it works Dissolution and/or liquidation of a company What I need and how it works

Other services

Family Inheritance and gifts Property and mortgages Powers of attorney Notarial certificates (actas) Commercial contracts (pólizas) Signature and copy certification Second copies