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Mercader Legal · Madrid & online across Spain

Company and commercial contracts in Spain

Operating in Spain means signing Spanish documents: client contracts, supplier terms, leases, partners’ agreements. We draft and review them so you know exactly what you are accepting — and set up the basic legal structure your operation needs.

Common situations

Situations we handle for international companies

For companies selling into Spain, buying from Spain or operating here.

  • Contracts with Spanish clients or suppliers

    Sales, services, distribution or agency contracts drafted or reviewed under Spanish law, with the risks flagged in English.

  • Terms a Spanish counterparty sent you to sign

    Their paper, their law, their courts? We review it clause by clause and propose alternatives before you accept.

  • Setting up a basic Spanish company

    Bylaws, incorporation before the notary, registry filings and the documents your operation needs to start properly.

  • Partners’ agreements and internal rules

    Agreements between shareholders that decide what happens when partners disagree, leave or want to sell — written before they are needed.

  • Recurring legal questions of the Spanish operation

    Contracts to review, decisions to document, questions that cannot wait for a foreign law firm to brief a Spanish one.

  • Powers of attorney and representation

    Granting and managing powers so your Spanish operation can act without flying directors in for every signature.

How we work

How we work, step by step

  1. Brief us on the deal or the operation

    What you are trying to achieve, who the counterparty is and what documents exist. We tell you what the legal work would look like.

  2. Written scope and quote

    Review, drafting or set-up: scope, exclusions, cost and timing in writing before we start.

  3. Drafting or review in plain English

    You receive the document with the risks explained in English and the proposed changes ready to negotiate.

  4. Signature and follow-through

    We coordinate notary and registry where needed, document the decisions and stay available for what comes next.

What we need from you

  • The contract or draft you want reviewed, or a brief of the deal to document
  • Your company’s details: incorporation documents, directors, ownership
  • Any previous agreements with the same counterparty
  • For set-up: proposed company name, activity, partners and capital
  • Deadlines or signing dates already committed

If a document is only in Spanish, send it as is: we work from the Spanish original and explain it in English.

Fees

Known in advance, confirmed in writing

Contract reviews have published starting prices; drafting, set-up and negotiation support are quoted in writing after we see the scope. For companies with recurring needs, our monthly plans for companies start at published rates with a named lawyer and agreed response times. Notary, registry and other external costs are always itemised separately.

Fees are always confirmed in writing before any engagement begins.

See our fees page (in Spanish)

Illustrative scenario

What a matter like this can look like

Illustrative scenario, not a real case nor a promise of results.

The foreign supplier asked to sign the Spanish distributor’s contract unchanged

Situation

A European manufacturer is expanding into Spain. Its new distributor sends a draft distribution agreement: Spanish law, courts of the distributor’s city, automatic renewal and termination indemnities drafted one way.

The risk of doing nothing

Signing unchanged means accepting a contract built for the other side: disputes far from home, automatic renewals that are hard to exit and termination costs that were never negotiated.

What we would need

  • The draft distribution agreement and any annexes
  • The commercial terms already agreed: prices, volumes, territories
  • The company’s priorities: exclusivity, exit routes, IP protection

What the firm would do

  • Review the draft and explain each risky clause in plain English
  • Propose balanced alternatives on jurisdiction, renewal and termination
  • Support the negotiation until signature, documenting the final terms

Quoted separately

  • Notarised powers if the signature is done remotely
  • Any dispute that arises later, quoted separately if it occurs

Frequently asked questions

Questions international clients usually ask

We are a foreign company selling to Spanish clients. Which law should govern our contracts?

It depends on the deal, and it is a decision with consequences: applicable law, jurisdiction and enforcement decide how easily you can claim if things go wrong. We analyse your operation and draft or adapt your contracts so that these choices work for you, not against you.

Can you review a contract a Spanish counterparty sent us?

Yes — that is one of the most frequent requests. You receive the risky clauses flagged in plain English, what each one would mean in practice, and proposed alternatives to negotiate. Reviews have published starting prices.

Do you set up companies in Spain?

We handle basic company set-up and the legal documentation around it — bylaws, partners’ agreements, powers — coordinating with the notary and registry. For complex tax structures or regulated sectors, we will tell you what sits outside our scope and coordinate with the right specialists.

What about day-to-day legal questions once we operate in Spain?

That is exactly what our monthly plans for companies are for: a named lawyer who knows your business, answers within an agreed timeframe and reviews your recurring documents, at a predictable monthly cost.

Do you handle compliance programmes for our Spanish operation?

Mercader Legal identifies the need and coordinates it; specialised regulatory compliance and privacy programmes are delivered by trusted external specialists, quoted separately. We keep the scopes separate and coordinate when a matter touches both legal and compliance sides.

Start now

Send us the contract or tell us about the operation

The initial assessment is free: we tell you what the legal work would involve and what it would cost, in writing.

Free initial assessment · We reply with fit and next step · No obligation