Certifying as a Startup
Benefits
Emerging companies/startups that meet the requirements set out in the Startup Law (Article 3, section 1 – “Requirements”), namely:
- They must be newly created or, if not newly created, no more than five years must have passed since the date of registration in the Commercial Registry, or the relevant Cooperative Registry, of the public deed of incorporation, in general terms, or seven years in the case of biotechnology, energy, industrial and other strategic sector companies, or companies that have developed their own technology, designed entirely in Spain, which will be determined through the order referred to in Article 4.1.
- They must not have arisen from a merger, spin-off, or transformation of companies that are not considered emerging companies. The terms concentration or segregation are considered included within the aforementioned transactions.
- They must not distribute nor have distributed dividends, or returns in the case of cooperatives.
- They must not be listed on a regulated market.
- They must have their registered office, corporate domicile, or permanent establishment in Spain.
- At least 60% of the workforce must be employed under an employment contract in Spain. In cooperatives, worker-members whose relationship is corporate in nature shall be counted as part of the workforce solely for the purposes of this percentage.
- They must develop an innovative entrepreneurial project with a scalable business model.
- Certificate proving you are up to date with payments to the Tax Agency.
- Certificate proving you are up to date with payments to the Social Security authorities.
- Annual accounts for the latest closed financial year filed with the Commercial Registry, if available.
- Public deed of incorporation.
- Responsible declaration form.
- Notarial power of attorney of the company’s legal representative.
- Business plan.
- Not being in Spain in an irregular situation.
- State the reasons why you are requesting the assignment of the NIE.
What are the steps you should follow?
Step 1. Access the Enisa Customer Portal.
Access the Enisa Customer Portal website. If you do not have a user account, fill in the required information to complete your registration.
Step 2. Application form.
Complete each of the steps in the form found in the “certifications” section:
- Company details
- Group of companies (if the company is part of a group)
- Business plan
For each of these steps, you must provide the required documentation.
Step 3. Submit the form.
Once the form has been submitted, Enisa will review the application to determine whether your company meets the requirements to obtain the certification.
Step 4. Notification.
Your application will be processed within a maximum period of three months, and you will be notified if your company is considered an emerging company.
Do you need additional information?
Guía para la certificación de empresas emergentes
Format: .pdf. 3.77 MB
Declaración responsable
Format: .pdf. 1.18 MB
Declaración responsable grupo de empresas
Format: .pdf. 1.17 MB
Orden PCM_825_2023
Format: .pdf. 237.99 KB
A startup or emerging company is defined as any legal entity that fulfills, among other criteria, the following requirements:
- Being a newly established company or having a maximum of five years since its incorporation, and seven years in the case of sectors such as biotechnology, energy, industrial, among others.
- Having its registered office or a permanent establishment in Spain.
- Having a majority percentage of the workforce under contract in Spain.
- Developing an innovative and scalable entrepreneurial project.
- Not being listed on a regulated market or having distributed dividends.
- The turnover should not exceed ten million euros.
Certification is a crucial process enabling eligibility for the tax and social benefits outlined in the Startup Law.
This certification holds validity across all authorities and entities required to acknowledge such benefits.
The certification as an emerging company is conferred by ENISA
The certification process incurs no cost for the companies applying for it.
No, only companies formed as capital companies (SA, SL, SAL, SLL, etc.) and cooperatives that meet the established requirements for emerging companies in the Law can undergo certification.
Yes, provided they meet the criteria outlined in the Law for Fostering the Ecosystem of Emerging Enterprises, also known as the Startup Law, and are appropriately registered in the Cooperative Registry.
The assessment of innovative and scalable entrepreneurial status will take up to 3 months from the date the company submits all information for the certification request, including any additional information requested following ENISA's analysis.
The calculation of the maximum resolution period will pause when the applicant is asked to address deficiencies in their application or provide essential documents.
This timeframe becomes effective six months after the enactment of this Law.
According to the new Startup Law, you are indeed allowed to be a shareholder in one or more certified companies.
The certification's validity depends on any of the following situations:
- If any of the requirements stipulated in Article 3, and particularly at the end of the five or seven years from the creation of the emerging company, are no longer metSe extinga la empresa antes de ese término.
- If it is acquired by another company that does not have the status of an emerging company
- If the annual turnover of the company exceeds the value of ten million euros
- If it carries out an activity that results in significant environmental damage according to Regulation (EU) 2020/852 of the European Parliament and the Council of June 18, 2020, establishing a framework for promoting sustainable investments and amending Regulation (EU) 2019/2088
- If shareholders, whether directly or indirectly owning a stake of at least 5% of the share capital, or administrators of the emerging company have been conclusively sentenced for the criminal offenses specified in Article 3.3.
The analysis of the degree of innovation of the entrepreneurial project and the scalability of the business model will be based on, at a minimum, the following criteria:
- Innovation Level: Recognition for securing public funding in the last three years without revocation due to inadequate execution. Additionally, the ratio of research, development, and technological innovation expenses to the company's total expenses over the preceding two fiscal years (or one year for companies less than two years old) will be assessed.
- Market Attractiveness: Consideration of sector supply and demand, traction generation, and strategies for user or customer acquisition.
- Company Life Stage: Assessment of the implementation of prototypes, attainment of a minimum viable product, or the market introduction of the service.
- Business Model: Evaluation of the scalability of user numbers, transaction volumes, or annual revenue.
- Competition: We will assess companies operating in the same domain or sector, taking into account how the business stands out from its rivals
- Team: Assessment of the team's experience, education, and track record.
- Dependency on Suppliers, Providers, and Lease Agreements: Consideration of relationships with other economic entities.
- Customers: Evaluation of the volume of the company's customer or user base.
- Absence of a business model that raises reasonable doubts about potential reputational, regulatory, ethical, or speculative risks.
Being registered as an emerging company in the Commercial Registry or the relevant Cooperative Registry is both a necessary and sufficient condition to access the benefits and special provisions outlined in this Law.
ENISA will furnish the corresponding certification documentation confirming compliance with all necessary requirements for obtaining the status of an emerging company directly to the Commercial Registry or the applicable Cooperative Registry.
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