Legal checklist for entrepreneurs in Malaga: a practical guide
Starting a business in Malaga is an opportunity for professional growth, but starting a business requires rigorous legal planning to avoid penalties, unforeseen costs and loss of time. In Tecem Abogados we explain you, step by step, the legal checklist that every entrepreneur in Malaga needs to turn your idea into an operating company with legal and tax guarantees.
Choosing the right legal form for the legal Checklist
Sole proprietorship vs. SL vs. cooperative
Before registering your company, you must define the legal form that best suits your project, expected turnover and level of risk:
- Self-employed (sole proprietorship): Ideal for low-risk projects with moderate turnover.
- Limited Liability Company (SL): Offers limited liability, suitable to protect your personal assets.
- Cooperatives: Interesting for collaborative projects with specific tax benefits in Andalusia.
At Tecem Abogados, we analyze your idea and advise you on the best way to optimize your taxation and adapt it to your needs.
Legal advantages and disadvantages
Each legal form entails different tax and management obligations:
Self-employed: Less initial formalities, but with unlimited liability.
SL: Greater asset protection, specific tax deductions, need for minimum share capital and PGC-compliant accounting.
Cooperatives: Fiscal and social advantages, but require more internal structure.
Registration, taxation and initial obligations
Registration with the Tax Agency and Social Security.
After choosing the legal form, you must:
- Obtain the Digital Certificate for telematic procedures.
- Process the census registration at the Tax Agency (Form 036/037) indicating your activity according to the IAE.
- Register the activity with the Social Security, obtaining the contribution account code and registration of workers, if applicable.
Municipal licenses and risk prevention
If your activity requires it, process the opening license in the City Council of Malaga and the certificate of urban compatibility. In addition, depending on the activity, you must comply with the Occupational Risk Prevention Law and carry out safety evaluations in the workplace.
Planning and legal structure
Drafting of bylaws and shareholders’ agreements
If you choose to incorporate, it will be necessary:
- Draft clear corporate bylaws, indicating corporate purpose, domicile, administrative bodies and distribution of profits.
- Sign partner agreements to establish rules for decision-making, entry and exit of partners or sale of shares.
In Tecem Abogados we draft these documents adapted to the current regulations in Malaga and Andalusia to protect you from the beginning.
Data protection and labor contracts
If you are going to manage customer data, you must comply with the RGPD and the LOPDGDD to avoid sanctions. It is essential to have confidentiality contracts, privacy policies on your website and employment contracts in accordance with the regulations.
Expert advice from Tecem Abogados
Pre-launch statutory audit
Before starting your activity, we perform a preventive legal audit, reviewing:
- Bylaws and shareholders’ agreements.
- Licenses required depending on the activity.
- Tax review and planning of personal income tax and corporate income tax.
- Data protection and anti-money laundering compliance, if applicable.
Ongoing tax and accounting support
Entrepreneurship does not end with the opening of the company. Tecem Abogados offers continuous tax, accounting and labor advice, including:
- Quarterly and annual statements.
- Accounting in accordance with commercial regulations.
- Payroll and contract management.
- Assistance in tax or labor inspections.
Tecem, your guide and legal support
Creating your business in Malaga is an important step towards your financial independence, but it also involves legal and tax challenges that can impact your project if you do not manage them correctly. At Tecem Abogados y Asesores we accompany you in every phase, from the initial legal planning to the consolidation of your business, so that you can focus on growing with peace of mind and legal support.
If you are ready to start a business in Malaga and want to make sure you comply with all the legal requirements, contact Tecem Abogados today and we will guide you through the whole process.