Court Fees: Payment by Foreign Companies and Non-Residents in Spain

On November 21, 2012, the Spanish Legal Bulletin (BOE) announced the Law 10/2012 of November 20, which regulates certain fees in the area of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

This Law states that those individuals and corporations that wish to access the Spanish justice system must first pay the appropriate filing fee. The court fees vary depending on the type of case that the petitioner wishes to file with a Spanish court.

In times of change, in some cases the foreign-company petitioner had to first obtain a Fiscal Identification Number (NIF) from the Spanish authorities to bring suit in a Spanish jurisdiction.

However, Article 3.2 of the Law resolved confusion over filing issues with the provision in the first paragraph. The provision establishes the following: the foreign company petitioner’s legal representative or attorney may pay the fee on behalf of the foreign company petitioner, especially when the represented party does not live in Spain. Additionally, there is no requirement for a NIF before paying the fee, and the legal representative or attorney will not incur any tax liability because of the payment.

This article is not considered as legal advice

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