In today’s globalising world, many British companies may need to open an office or be the holder of a bank account in Spain.
There are several documents to be submitted to the Spanish Authorities to open an office or a bank account in Spain. The company will also need to submit the official translations into Spanish of the Deed of Incorporation, Articles and Memorandum of Association.
These documents are very different from their equivalents in Spanish. Furthermore, there are also important differences between the types of companies in England and Wales and in Spain.
The official translation of a Certificate of Good Standing may also be necessary. There is not a similar document in Spain, therefore the official translator will have to produce an accurate translation of a document without an exact equivalent in the Spanish legal system.
In some cases, the official translation of the notarial certificate, confirming the relevant particulars of the company, may be sufficient. This notarial certificate will confirm the name(s) of the director(s) of the company, for example. The equivalence between the roles of the officers in English and Spanish is not straightforward, therefore these differences must be taken into account in order to produce an accurate translation.
The English document will need to be affixed with the apostille of the Hague Convention (legalised) by the Foreign and Commonwealth Office.
If a Spanish company is opening an office in the UK, the official translation into English of the Spanish deed of incorporation must be submitted to the authorities in the UK when the Spanish company starts with the process.
The Spanish deed of incorporation is the equivalent to the English memorandum and articles of association.
The deed must be executed before a Spanish notary by the incorporators.
The deed will indicate:
- Particulars of the incorporators/members
- That the incorporators wish to incorporate a company
- The business structure
- Share capital
- Capital provided
- Number of shares
- Articles of association – the articles will be enclosed with the deed
- The Certificate from the Spanish Registry of Companies which confirms the companies name is not taken by another company
- Particulars of board of directors
In the UK it is not necessary to sign the memorandum and articles of association before a notary. The Spanish deed is a very complex legal and commercial document which will also include Spanish notarial formalities.
Only official translators can produce official translations which are the translations of documents which need to serve as legally valid instruments.
Official translators are expert in translations of legal and commercial documents and very familiar with the two legal systems involved, in this case English and Spanish.
The official translations produced by official translators do not need to be affixed with the Apostille. The legality of the official translation is conferred by the certification, signature and stamp of the official translator authorised by the Ministry of Foreign Affairs, European Union and Cooperation.
For more information and to find out how we can help you, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.