You will be interested in knowing the Requirements to Create an Association if you want to constitute one at this time. Together with these, you should also know what are the steps to create it, what is a non-profit association, about accounting and tax rights and, finally, about the Spanish right of association of this.
By Association It is understood as the set of people who decide to join together to achieve a common goal, generally under the same ideals. We can find associations in the form of unions, neighborhood associations, trade associations, and so on. They are groups organized with the purpose of making their demands heard.
If you are interested in knowing everything about how to create an association in Spain, do not go! Here we will explain everything to you.
Documents Needed to Create an Association in Spain
Let’s start talking about Requirements to Create an Association and of the necessary documents to constitute it. Taking all of these into account is vital when starting to create a plan and could even be considered a requirement in itself.
To create an association you must:
- First, know what it would be about. The objective of creating an Association should be the first thing you think about, because without ends there is no way to create an association.
- Once you have the goal, you will surely have people who want to join you in achieving it, so tell them your proposal.
- You will need three (03) founding partners, at least. These must be previously approved by the administration of the association and can be natural or legal persons. The latter being represented by a physicist.
- Have an original name.
- You will need to specify the social objective and the type of association.
- You will have to collect the documents required to create an association.
- Finally, you must register it and complete the corresponding additional procedures.
We will extend this even more in the next section, when we tell you the step by step you must follow to create an association.
For now, we will present you the documents that you must submit in order to register your association:
- Founding Act. All relevant information must be included in this record, such as the data of the present associates for an indefinite period of time, the name of the association, the address, the corporate purpose and what is the plan to achieve it. The names of the President, the Secretary and the Treasurer, as well as the other positions that are chosen, must also be seen.
- The founding capital must also be reflected in the minutes, with the name and amount of those who contribute to the constitution of the association.
- Statutes. You will need to put in writing the rules that must be followed in the Association, so that there are no doubts about it and everyone agrees. The norms can be for the election of the positions, on the use of the facilities, on the expulsion of partners, rules on the contributions, etcetera.
- Application for registration.
- Original and copy of the national identification document (DNI) of the founding partners.
- Copies (2) of minutes and statutes, duly signed by the founders.
- Digital certificate of registration of the electronic notification address, mandatory for legal entities. It is processed at the National Currency and Stamp Factory and is registered with the Treasury. The president will be the one to take this step.
- Proof of the passage of the corresponding fees (38 euros).
- Municipal license where the association’s premises are attested.
As far as the founding act and the statutes are concerned, we recommend you Have a legal advisor (lawyer) on hand, as specific rules that you are unaware of may have to be included, as is the case of the Money Laundering Prevention Law. In this sense, the lawyer will be in charge of providing you with information so that you know what should be included.
Steps to Create an Association in Spain
Now that you know what are the requirements and necessary documents, let’s talk about the steps to create an Association in Spain. These are:
- In the first place, the three (03) founding partners must be chosen, be they natural or legal persons.
- Later, it will be necessary to choose a name for the Association, always taking care that the domain is available.
- Must be determine the corporate purpose and scope of action, which can be local, regional or national. As for the social objective, it must be democratic, without supporting extremist ideals such as terrorism and crime.
- Who is the Association aimed at? It can be an association that supports large groups of people, such as immigrants, people in poverty, etc. You must raise it, as well as the means to achieve the achievement of the social objective.
- Once this is very clear, we proceed to the creation of the Founding Act and the Statutes. You can find models of these on the internet. However, we recommend that you seek the advice of a lawyer.
- Next, you must register the association, depending on the scope of action. You may have to go to Register of Autonomous or National Associations. You must also present the relevant copies (and originals), as well as the application and the invoice.
- As a next step, tap process the CIF, first the provisional and then the definitive. You will need the copies and the original of the minutes and statutes, original and copy of the voucher (model 790), and the application, which is model 036. Once the registration of the association becomes effective, then you must go to the Treasury (again) to obtain the final CIF.
- Open a bank account with the provisional CIF, which will remain blocked until the official registration is made.
- Almost to finish, you must register the brand, as well as the corresponding files in the Spanish Agency for Data Protection.
- Either the president or the secretary, a representative to the Executive Service of the Commission for the Prevention of Money Laundering and monetary offenses must be elected.
- Finally, if you wish, you must open a domain on the internet. It may also be necessary to obtain a municipal license for the premises.
And that’s it! The Association may begin its work as soon as everything is in order. Remember to save all permits and licenses, and that you must submit a tax return every how often. That if, always taking into account the Requirements to Create an Association.
The Nonprofit Associations are all those made up of people who defend the interests and well-being of a particular group in the country. It may be about associations more focused on providing work and support, either to defend the rights of immigrants, to Spaniards with low economic resources, to people not integrated into society, and so on.
This work is done non-profitIn other words, without the Association receiving benefits beyond those necessary for its operation. The financing comes through donations, either from the State or from private entities, and these resources are used to achieve the purposes of the association, the so-called social purpose.
People feel confident when bodies of this type are registered. They know that they must go through a process of cleaning the accounts to function legally. Therefore, they can deposit their money knowing that it will be used legitimately.
In Spain there are many non-profit associations, such as: Cáritas, Association of Women Researchers and Technologists, Stand up against bullying, Spanish League for Human Rights, Spanish Immunology Society, etc.
Declaration of Public Utility to Create a Non-Profit Association
What you should know about the Declaration of Public Utility to Create a Non-Profit Association it is:
- For get utility statement public You must be an Association that fosters the general interest, not only that of the members that make it up. Likewise, the seniority must be at least two (2) years and the representative members may not receive income from the funds.
- The formalities basically they are:
- Keep the financial statements of the last two (02) fiscal years up to date.
- Submit the application in the same registry where the association is registered. Together with the financial statements, the complete payments of the taxes and the annual report, of the last two years.
- Wait for the answer, published in the BOE, by the Ministry of the Interior.
- The advantages of having this statement is that you can get free legal advice, access to calls for public aid, access to subsidies, and so on.
The Requirements to Create an Association they are the same.
Accounting and Tax Obligations
On Accounting and Tax Obligations of an Association it depends on the activity to be carried out. This in terms of obligations, especially tax.
If it is a non-profit entity, that is, if all the funds come from donations, membership fees or collaborations, then the association will be exempt from VAT, as well as from Corporation Tax. However, there are other obligations, such as payments to professionals or workers, as well as rental payments, subject to withholding.
Regarding the accounting, It must be adjusted to the general plan or adapted to non-profit entities. This is an obligation for associations.
Association Law in Spain
To know the Association Law in SpainWe recommend that you see the Spanish Constitution, specifically in its article 22, where the right of association is recognized. Likewise, Organic Law 1/2002, the Civil Code (article 20 and others), the Penal Code (article 31 and others) express linked guidelines.
We recommend you enter the article of the Association Law in Spain. There you can specifically all the articles that deal with the subject of Requirements to Create an Association.
We hope we have been of help to you.
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