Fundraising and joint ventures in Spain

The chairman must obtain his NIE (Foreigner Identification Number) in order to sign the incorporation deed before the Spanish notary. Lexwell can handle this step upon presentation of a notarial power of attorney.

Several mechanisms are possible: direct recapitalisation of the subsidiary through a cash contribution, setting up structured intra-group financing via a loan agreement (with an interest rate in line with arm's-length principles), or the subsidiary issuing complex securities (warrants, convertible bonds). The choice depends on the tax constraints and governance objectives.

A joint venture agreement must be entered into before the partnership begins. It sets out each party's respective contributions (financial, human, commercial, technological), governance rules, exit mechanisms and dispute resolution clauses. This contractual step is essential: it anticipates deadlock situations and secures the fate of shared assets (trademarks, patents, customer portfolio) in the event of dissolution or conflict.