The transfer of a business is a complex process that involves a series of legal and fiscal procedures to ensure that everything is carried out in accordance with current regulations. Whether you sell your company, rent your premises or transfer the activity to another owner, it is essential to comply with all the appropriate procedures to avoid problems in the future. In DanielaNS, we help you understand what the key steps are to follow and we offer you the necessary advice so that the transfer is carried out efficiently and safely.
Formalization of the Transfer Contract
The first step is the drafting of a transfer contract that must include the terms and conditions of the operation. This contract must specify the assets and assets that are transferred, such as the premises, customers, machinery, inventories and debts. It is recommended to have a specialized lawyer to ensure that the contract is valid and protects the interests of both parties.
Notification to Providers, Customers and Staff
Once the contract has been formalized, it is important to notify all suppliers and customers about the change of owner to avoid misdemeanours and ensure the continuity of commercial relationships. In addition, if you have employees, you must inform them about the transfer and comply with labor regulations so that their contract is valid under the new property of the business.
Upgrading in the Tax Agency (AEAT)
It is necessary to update the tax data of the business in the Tax Agency. This includes the modification of the NIF (Number of Fiscal Identification) in case the transfer implies a change in legal form (for example, from autonomous to corporate) or business owner. In some cases, it will be necessary to present a model 036 or 037 to inform about the transfer, and ensure that the change is correctly reflected in the tax records.
Transmission of Licenses and Permissions
If your business has specific licenses or permissions (such as an opening license, activity license or transport license), these must be transferred or updated in the name of the new owner. Depending on the type of license, the process may require the presentation of additional documentation before the corresponding City Council or body.
Liquidation of tax debts and obligations
The transfer of a business does not exempt from previous fiscal obligations. It is essential to make a settlement of debts with Access and Social Security, to ensure that there are no pending charges left. This includes the declaration of taxes such as VAT, personal income tax or corporation tax, as well as the payment of any fee of freelancers.
Update in the Mercantile Registry (If Apply)
If your business is registered in the Mercantile Registry (as a limited company, for example), it will be necessary to register the transfer of ownership. This procedure must be managed correctly so that the new owner is included in the registration, thus avoiding possible legal problems or the recognition of commercial activity.
Change of Insurance Ownership
Do not forget that it is also necessary to change the ownership of insurance associated with your business, such as civil liability insurance, merchant insurance or commercial premises insurance. The insurer must be aware of the transfer to update the policies and ensure that the coverage is valid.
Conclusion: A Legal and Ordered Transfer with the Aid of DanielaNS
The transfer of a business involves a series of steps that must be taken with care to avoid future complications. In DanielaNS, we offer you a comprehensive service to manage all the procedures related to the transfer of your business, from the drafting of the contract to the updating of tax data, passing through the transfer of licenses and permits. If you are thinking of transferring your business, do not hesitate to contact us to receive expert advice and guarantee a safe and unashamed process.
