Spain's adoption of Law 11/2023 marks a significant step in the digitalization of services, making it an increasingly attractive destination for businesses and entrepreneurs. This law, effective from May 2023, has been a major move in incorporating Directive (EU) 2019/1151 into Spanish legislation, focusing on the use of digital tools in company law.
One of the key innovations under this law is the introduction of online notarial acts. This change, effective from November 2023, allows for a variety of notarial actions to be authorized through videoconference. These include commercial policies, company incorporations, granting and revocation of powers of attorney, and notarization of signatures, among others. Importantly, these changes ensure that the legal validity and reliability of these actions remain equivalent to those conducted in person at a notary's office. This modernization includes the electronic appearance of interested parties in the electronic notary’s office, the issuance of authorized copies with electronic signatures, and the creation of electronic notarial protocols.
In addition to notarial matters, there are significant changes in registry activities, set to take effect in May 2024. These changes involve amendments to the Mortgage Law and Law 24/2001, enhancing the efficiency and accessibility of registry services. Key features include issuing registry publicity in electronic format, creating a nationwide electronic office for registry information and services, and recognizing certain rights of interested parties, such as electronic access to their files.
Furthermore, the law introduces important features in the corporate field, already in effect since May 10, 2023. This includes the electronic incorporation of limited liability companies (S.L.), subject to certain limitations. The process involves using a qualified electronic signature and videoconferencing through the notarial electronic office. Additionally, there are amendments to the Capital Companies Act, such as the consideration of disqualifications or relevant information for disqualification purposes from other EU Member States.
These advancements in Spain's legal framework for digitalization demonstrate the country's commitment to modernizing its business environment. By simplifying and streamlining procedures, Spain is positioning itself as an attractive location for entrepreneurs and businesses seeking a digitally advanced and efficient administrative landscape. This shift towards digital solutions not only enhances the ease of doing business but also contributes to Spain’s appeal as a prime destination for those looking to relocate or expand their operations.