How to set up an association in Spain?

Associations are everywhere and serve different purposes, whether it be to help animals, for educational purposes, or to raise funds to help children with terminal illnesses. Whatever the non-profit purpose may be, the first step is to set up the association that intends to carry out these activities. To do this, we will look at how to set up an association in Spain.

The purpose of forming an association

Before starting to form an association, it is important to ensure that you meet the legal requirements before beginning to gather the necessary documentation to make the formal application.

First, a clear and defined non-profit purpose is established, where the main purpose is social, altruistic, humanitarian, artistic, or community-based. This objective is achieved by reinvesting the income obtained from the activity itself to fulfill this mission.

As indicated, the purpose must be non-profit, with no intention of profiting from the income generated by the association. In other words, the objective of forming an association cannot be to generate economic profits to be distributed among the members of the association. If this is your objective, it is better to form a limited company, as this does not comply with the requirement of a non-profit purpose.

Founding members

To establish an association, at least three individuals or legal entities must come together to form the founding board. The founders must be eligible to be founders, meeting the minimum age and legal capacity requirements. They may be residents or non-residents, as long as they have a tax identification number (NIF).

In the case of a legal entity, there is an additional requirement to appoint a physical representative who will represent the company in the association, as well as an agreement adopted by the corresponding body of the company—general meeting, board of directors, etc.

These founding members are identified in the founding charter, which will be signed by all.

Documentation to form an association

To establish an association, it is not necessary to provide a lot of documentation, but only two main documents:

1. Founding document – a document similar to the minutes of a company’s general meeting, identifying the founders and agreeing to the establishment of the association;
2. Statutes – the statutes under which the actions of the association and its members will be governed.
3. Proof of the address where the association is established – authorization from the owner or proof that the owner is a founding member.

The statutes must meet a series of legal requirements established by each municipality, province, or community, in addition to the general requirements regulated by Organic Law 1/2002, of March 22, regulating the Right of Association.

These documents shall be submitted to the registry of associations corresponding to the association’s registered address. This registry reviews compliance with all the established requirements and the provision of the necessary documentation. Depending on the registry, this submission is made in person, by regular mail, or digitally.

If you are thinking of setting up an association and do not know where to start or whether you meet the requirements, contact us using the contact form and we will advise you.