Anything to stop a non-EU resident owning an EU company that owns a Spanish home?
You can't hire a nominee director?
>Additionally, a company owned property can't just be used privately.
They can't "rent" it back to the owner?
[1] this seems to have been the judgement of the court, but not all the fillings are free to access.
This sounds like a front more than a nominee. A front legally owns the company and has a side deal with someone conferring control. It's pretty much straight-up fraud. A nominee is similar to a Delaware registered agent; you pay a law firm or whatever a few hundred euro a year to be your glorified P.O. Box
This is the complaint, in case anyone is curious: https://trellis.law/doc/159246087/complaint-case-initiation-... Although obviously that's only from one side.
If may be that it's less risky if there's a common service such as you describe, since the operator will prefer to keep their business going. But if significant assets are involved it may still be somewhat risky.
(This was the company that supposedly ended up with the IP of the Kestrel aircraft, formerly owned by Alan Klapmeier and originated by Richard Noble as the Farnborough F1)
No more than any asset in the EU. A nominee can steal your property about as easily as any notary.
Yes. A nominee is just a local contact of record. If a nominee can steal your shit, any rando with a notary can, too.
Yes, you can, and it's very common. Couple hundred euros in Cyprus [1].
[1] https://blog.wamo.io/how-much-does-it-cost-to-open-a-company...
I've a longterm "internet friend" and Cyprus resident/native who has been grumbling about this for two decades now, his principal complaint is the sheer number of Russians back dooring their way into becoming an EU company via Cyprus and screwing up the cost of living, housing, etc for the locals who suffer from the pressure of rich transients who do little for the community.
A common enough templte compliant the world over, but it has grounds.
He'll also admit it's not just the Russians but many others also.
Limassol is friendly to Russians. If you're American, the go-to is Ireland, though Luxembourg is trying to eat their lunch. (If you're Chinese, Hungary and Poland.)
I'm describing plain-vanilla incorporation or the buying of an incorporated business. No fronting.
Company buys a building in the country.
Company rents out the building to Person A.
Why not?
Not at all true, infact it's becoming the exception rather than the rule, look at; Estonia, Ireland, Netherlands, Cyprus, Bulgaria, Hungary.
Even in Germany I think it's beginning to become possible.
>Additionally, a company owned property can't just be used privately.
Um yes, the company rents it out?
https://www.vozpopuli.com/economia/el-castigo-fiscal-a-los-c...
Is this firmly established or contended?
Article 63 of the Treaty of Lisbon [1] bans "all restrictions on the movement of capital between Member States and between Member States and third countries" [2].
To define "movement of capital," we must look to Annex I to Council Directive 88/361/EEC of 24 June 1988 [3]. It says "purchases of buildings and land and the construction of buildings by private persons for gain or personal use," including explicitly "investments in real estate on national territory by non-residents" counts. Looks clear cut!
That said, there appears to be a long history of challenging what constitutes a "restriction," because EU.
[1] https://en.wikipedia.org/wiki/Treaty_on_the_Functioning_of_t...
[2] https://blogs.kcl.ac.uk/kslreuropeanlawblog/?tag=article-63-...
[3] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELE...
I’m pretty sure if using a hack became a trend, then they would start suing people in a few years down the road and extract all the money.