Last week we published an article about the ETE Form for the Statement of foreign transactions. In this one, we will deal with another informative obligation that must also be carried out around these dates and that corresponds to the Investment Registry of foreign Spanish investments in companies that are listed on the Stock Exchange or Organized Market, when the securities are deposited in an entity domiciled abroad or remain in the custody of the owner of the investment abroad.
Obliged to declare
Any natural or legal person that owns securities listed on the stock exchange deposited abroad or that remain in the custody of the holder of the investment abroad, with a nuance that we discuss below (in the case of the statement of Flows).
Content of the statement
There are two types of statements:
- The Deposit statement. The values of the deposits that are in the non-resident entities at December 31st of the immediately preceding year will have to be declared for any investor that has these values independently of their valuation.
- The Flows statement. A declaration of flows has to be fulfilled for each investment or liquidation carried out in non-resident companies in which one of the following requirements is fulfilled:
- That the investor holds a stake of at least 10% of the capital or takes part of its board of directors.
- When the investment exceeds 1.502.530,23 Euros.
Periodicity of the fulfilment
The statement of Deposits abroad must be presented during the month of January of each year and is completed according the situation of December 31st of the immediately previous year. On the other hand, the fulfilment of the Flows statement must be presented for each investment within one month from the date of the operation, being able to group several transactions, as long as it accomplishes the one-month deadline limitation.
For any other doubt we encourage you to contact us. We will make sure that you and your company comply with all the legally established requirements and obligations.
