Best Business Lawyers in Bilbao

About Business Law in Bilbao, Spain

Business law in Bilbao is shaped by a mix of Spanish national legislation, Basque regional rules and local municipal regulations. Bilbao is part of the Basque Autonomous Community and the province of Bizkaia - both the Basque Government and the provincial administration have an important role in economic policy and tax administration. At the same time, key commercial matters - company formation, commercial contracts, employment law and insolvency - are governed by national statutes that apply across Spain. For businesses operating in Bilbao this means you must follow national laws while also complying with local licensing, urban planning and foral tax procedures administered by the provincial bodies.

Why You May Need a Lawyer

A lawyer can help prevent problems, reduce risk and guide you through formalities that may be unfamiliar. Common reasons to retain legal advice include:

- Setting up a company - choosing the right legal form, drafting articles of association and shareholder agreements, registering with the Mercantile Registry and obtaining a tax identification number.

- Negotiating and drafting commercial contracts - supply agreements, distribution deals, agency contracts, terms and conditions and cross-border trade contracts require clear drafting to avoid disputes.

- Employment issues - hiring and dismissing staff, preparing contracts, collective bargaining, payroll compliance and dealing with workplace disputes or inspections.

- Real estate and commercial leases - purchase or lease of premises, due diligence, zoning and licences for opening a store or restaurant.

- Regulatory compliance - permits for regulated activities, environmental or health authorisations, and sector-specific rules for finance, transport or food services.

- Intellectual property and data protection - registering trademarks, protecting trade secrets and complying with GDPR and Spanish data protection law.

- Dispute resolution and litigation - representing you in negotiations, mediation, arbitration or before courts and tribunals.

- Insolvency and restructuring - early advice can limit losses and improve restructuring outcomes under Spanish insolvency rules.

Local Laws Overview

Key legal frameworks and local features that affect businesses in Bilbao include:

- Company and commercial law - Spanish Companies Act and the Commercial Code govern the creation, governance and obligations of commercial companies. The local Mercantile Registry in Bilbao registers companies and official company documents.

- Foral tax system - The Basque Country has a special tax regime under the economic agreements with the Spanish state. Provincial tax authorities in Bizkaia administer many taxes and may apply different procedures, rates and allowances than those used elsewhere in Spain. Corporate tax, VAT and other obligations still apply - but you should check local administration rules for collection and payments.

- Municipal regulation - The Ayuntamiento de Bilbao issues licences to open and operate commercial premises, enforces local planning and environmental rules and controls signage, outdoor terraces and opening hours. Specific activities such as hospitality, food handling and events require municipal approvals.

- Employment law - National employment statutes, including the Workers Statute, set most rules on hiring, working time, dismissals and social security. Collective agreements and regional practices may add details. Employers must register workers with the social security system and follow payroll and withholding rules.

- Tax and accounting obligations - Businesses must register for relevant taxes, maintain accounting records and file regular tax returns. Local tax offices in Bizkaia handle many interactions. Accounting and tax deadlines are strict - penalties apply for late filings.

- Data protection and consumer law - GDPR and Spain's data protection law apply to personal data processing. Consumer protection rules govern sales to individuals and impose mandatory contract terms in certain situations.

- Sector regulation - Certain sectors such as finance, energy, transport, food and pharmaceuticals require specific licences and oversight by national or Basque authorities.

- Insolvency and restructuring - Spanish insolvency law provides procedures for company rescue and creditor claims. Early legal advice is key to preserve options and to comply with required filings.

Frequently Asked Questions

How do I start a company in Bilbao?

Start by choosing a legal form - common options include the limited liability company - Sociedad Limitada - and the public limited company - Sociedad Anonima. Prepare the company bylaws and shareholder agreements, obtain a Spanish tax identification number for the new company, deposit initial share capital in a bank and sign a public deed of incorporation before a notary. Then register the company at the Mercantile Registry in Bilbao and register for taxes and social security. Local licences and planning approvals may be required before opening premises.

How long does company formation usually take?

Timelines vary. With prepared documentation and a notary appointment, a Sociedad Limitada can often be incorporated in a few days to a couple of weeks. Registration with tax authorities and local offices can add more time, especially if municipal permits are needed to open a business premises. Complex setups, foreign investors or regulated activities take longer.

Do I need a special permit to open a shop or a restaurant?

Yes - most commercial premises require an opening licence and an activity licence issued by the Ayuntamiento de Bilbao. Food businesses also need health and safety authorisations, and terraces, signage or structural modifications require separate municipal approvals. Check urban planning and noise rules early because obtaining permits may take several weeks.

What tax obligations will my company have in Bizkaia?

Your company will have corporate tax, VAT and payroll withholding obligations, but the Basque foral system means provincial tax authorities in Bizkaia administer many aspects. You must register with the relevant tax office, submit periodic returns and meet accounting obligations. Consult a tax adviser or lawyer experienced with Bizkaia procedures to confirm rates, deadlines and available deductions.

What should I know about hiring employees in Bilbao?

Employment relationships are primarily governed by national laws, but you must register employees with social security, apply correct payroll withholdings and comply with collective agreements if applicable. Probationary periods, dismissal procedures and termination indemnities follow national rules - improper dismissals can lead to costly claims. A lawyer or labour adviser can help draft compliant contracts and policies.

How can I protect my trademark or brand in Spain?

You can register trademarks at the national level through the Spanish Patent and Trademark Office or at the EU level for protection across the European Union. Registration helps prevent third parties from using your brand and strengthens enforcement options. A local lawyer can carry out searches, prepare applications and handle oppositions or infringements.

What happens if my business gets into financial trouble?

Early action is important. Spanish insolvency law provides restructuring procedures that can preserve viable businesses, and there are negotiated solutions with creditors outside formal proceedings. A lawyer can advise on the best path, meeting filing deadlines and minimising personal liability for company directors where possible.

How are commercial leases regulated in Bilbao?

Commercial leases for business premises are generally governed by the national Law on Urban Leases for certain urban commercial uses, and by contract terms negotiated between parties. Important issues include lease duration, rent review clauses, permitted uses, subletting and termination rights. Always perform due diligence on property status and planning compatibility before signing.

Can I use Basque as an official language in procedures and contracts?

Yes - Basque and Spanish are official languages in the Basque Autonomous Community. Administrative bodies in Bilbao may accept filings in Basque or Spanish. For contracts, you can draft them in either language or in both - but ensure all parties clearly understand the terms and specify which language version governs in case of discrepancies.

How do I find a suitable lawyer in Bilbao?

Seek a lawyer or law firm with experience in business law and knowledge of both Spanish national law and Basque foral procedures. Ask about experience in your sector, fee structure, whether they speak Spanish and Basque if needed, and for client references. Local bar associations - Colegio de Abogados de Bizkaia - and the Bilbao Chamber of Commerce can help you identify qualified practitioners.

Additional Resources

Helpful local and national institutions to consult include the Ayuntamiento de Bilbao for municipal licences and planning, the Diputacion Foral de Bizkaia for provincial tax and economic matters, the Mercantile Registry in Bilbao for company registration, the Spanish Tax Agency and local tax offices for national tax obligations, the Tesoreria General de la Seguridad Social for social security matters, the Labour Inspectorate for employment compliance and the Bilbao Chamber of Commerce for practical business support. For intellectual property and trademarks consult the national patent and trademark office. The Colegio de Abogados de Bizkaia can assist in locating specialised lawyers. Basque Government economic and employment agencies provide support programs and guidance for investors and entrepreneurs.

Next Steps

If you need legal assistance for a business matter in Bilbao - take these practical next steps:

- Gather key documents - identification, proposed company name, business plan, lease agreements, draft contracts and any correspondence related to the issue.

- Prepare a short factual summary of the situation and list your objectives - what you want to achieve and any deadlines.

- Contact a local lawyer experienced in the relevant area - corporate, commercial, employment or administrative law - and ask about an initial consultation and fee structure. Verify language skills if you need Basque or English support.

- During the first meeting, confirm the scope of work, deliverables, estimated timeline and costs. Ask for an engagement letter or contract that sets out responsibilities and fees.

- Follow your lawyer's guidance on filings, registrations and evidence preservation. For urgent compliance matters - taxes, licences or employment deadlines - act quickly to avoid fines or loss of rights.

- Keep clear records of legal advice, contracts and official communications. If litigation or negotiations are necessary, early documentation improves outcomes.

Getting local legal advice early can prevent costly mistakes and help your business operate confidently within Bilbao and the wider Basque Country.