Autonomo /Administrator Problem

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29 Jul 2009 00:00 by DaveCol Star rating. 5 posts Send private message

I wonder if anyone can help me with this one. I am getting conflicting advice from two asesores.

I am the administrator of a Spanish S.L. I am not a shareholder. The sole shareholder is a UK company and I am a shareholder and director of that company. I am not paid by either company. I am also autonomo. I cant afford the autonomo payments and havent paid any this year. One asesor says that as I am not a shareholder and not being paid then I can darme de baja como autonomo. In fact she says I can reclaim the autonomo payments for 2008. Another asesor says emphatically that it is a requirement that all administrators are autonomo.

Does anyone know the answer?

Dave





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29 Jul 2009 18:41 by mariadecastro Star rating in Algeciras (Cadiz). 8588 posts Send private message

mariadecastro´s avatar
You do not need to be autonomo if you are the administrator of a company.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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30 Jul 2009 18:10 by DaveCol Star rating. 5 posts Send private message

Hi Maria,

Thanks for thje reply. Its the answer I want to hear.

Its interesting because it directly contradicts the advice I am getting from an, if youi'll forgive me "low-level", asesor. The argument seems to be that the responsibities of the administrator are so serious that it is inconceivable that they should not be autonomo.

So I take it theres a form to fill in and thats it. Correct?

Is there anything else I need to think about such as health care for my family?

There is another issue you may be able to help with which is this. Can my partner in the UK who is not resident in Spain take over as the administrator of the company?

Thank you so much for your help.





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06 Aug 2009 13:27 by DaveCol Star rating. 5 posts Send private message

Maria,

I'd be so grateful for a reply. Even the asesor who says I can reclaim says that you have to be registered as an autonomo if you are the sole administrator of the company. She is pretty firm on this.

Are there any circumstances where the sole administrator doesnt have to be autonomo for example where they are not shareholders and they are are not earning from the company? Your reply has lead me to be believe thatb there might be.

The reason she thinks I can darme de baja como autonomo and reclaim autonomo payments for 2008 is that I am the administrator or another company which is dormant and completely inactive. It sounds crazy because I'm the administrator of another company, the one I mentioned where the shareholder is an english company. I am trying to clarify this with her.

 

Any help from anyone would be gratefully recieved





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