It’s impossible to live in Spain and not have to deal with its often frustrating bureaucracy, and for that you’ll usually need professional help. So for which official matters should you hire a gestor, a lawyer or a notary? What can they do and not do?
Gestor (Agent)
There isn’t a direct translation for this type of job in English, mostly because it doesn’t really exist in many other countries. If you look up the meaning of the word gestor, you’re likely to get several different answers, from administrator or adviser to accountant. Essentially, their roles include a bit of everything. They are slightly different from an asesor or asesoría, however, who is similar to a consultant and can advise you on business or financial matters – depending on what they specialise in.
What can a gestor do?
Gestores are usually the first person you’ll contact when you have to go through a bureaucratic process in Spain. They can help you with residency processes when you first move here and make sure you’ve got all the correct documents together. If you want to buy a second-hand car here from someone for example, they are several legal documents that need to be completed, which a gestor can help with.
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The most common reason that you’ll need a gestor, however, is to file and submit your taxes. The tax system is so complicated in Spain that many people don’t even attempt to fill out the returns on their own.
If you are self-employed or autónomo, you’ll need to use your gestor a lot. They can help you register to become self-employed and submit your returns for you each trimester. There are also many legal questions to do with being self-employed that you’ll find you need to ask on a regular basis. You can also use an asesor fiscal to help you with your accounts and tax returns.
What can’t a gestor do?
A gestor doesn’t have the same power as a lawyer, they cannot represent you in court or defend you in legal matters. They also can’t deal with matters such as divorce proceedings or custody agreements.
Lawyer (Abogado)
A lawyer in Spain is essentially like a lawyer in most countries around the world. They are legal professionals who know the ins and outs of the law in Spain, and sometimes other countries too. They also take on some of the roles that solicitors do in the UK such as helping you to buy a property.
What can a lawyer do?
Lawyers can legally represent you on many different matters and if you get into any trouble with the law, they can also defend you in court. You might contract a lawyer if you’re planning on buying a property in Spain. While it’s not absolutely necessary, it’s a good idea to hire one when you’re buying a house, particularly when you’re not familiar with the process here. They can make sure everything is legitimate and that you have all the necessary documents in place. If you get one that speaks English, they can also guide you through all the Spanish terms. Lawyers can also help with visa applications and residency processes, and as mentioned above – divorce settlements and custody battles.
What can’t a lawyer do?
While some law firms may have accountancy and tax services, they are not usually the ones who will submit your returns for you – this falls to a gestor as above. You may, however, want a lawyer if you have a complicated tax issue to do with fiscal residency or similar.
They are some contracts and legal documents that a lawyer also cannot oversee – this falls to a notary instead.
Notary
The role of a notary in Spain is to advise and oversee the signing of contracts, notarial deeds and acts of legalisation. Notaries are not used on a regular basis like a gestor, or over a specific period of time, like a lawyer. Instead, you’ll probably only need to go and see a notary once for each process. Notaries only act on behalf of the law, they do not act on behalf of a client like a lawyer or a gestor.
What can a notary do?
If you’re buying a property in Spain, then you and the seller will have to meet in front of a notary to sign the official deeds, even if you have also hired a lawyer. Your lawyer will likely go with you to the signing. The notary will then log this in the public registry. This is usually the last step in the house-buying process in Spain.
You may also need a notary if for example you are lending someone a large sum of money and you want to work out a payment schedule and what will happen in the case of non-payment. In this case, your contract or agreement will need to be signed in front of a notary.
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What can’t a notary do?
You can’t usually meet with a notary to ask them for legal advice. They will be hired for one specific purpose only. They can’t legally represent you and they can’t help with residency processes or taxes.
