ENISA ACCREDITATION EMERGING COMPANY, INNOVATIVE STARTUP

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In order to access all the benefits of Startups Act (+) it will be necessary for companies to have the consideration as a start-up company. For an entity to qualify as an "emerging company", ENISA must certify this condition. If the application has been processed and no reply has been received within 3 months, the application shall be deemed to have been accepted.

The following are some of the points that are analysed in the certification process

• Degree of innovation.
• Market attractiveness.
• Life phase of the company.
• Business model.
• Competence.
• Equipment.
• Clients.

Once the company has obtained start-up status, it must be registered in the Commercial Register. However, the AEAT may carry out checks to verify compliance over time with the requirements listed. If not maintained, the entity would no longer benefit from the tax incentives.

What is a start-up?

THE STARTUP LAW CONSIDERS START-UPS (+) THOSE:

• are newly created or are up to 5 years old, in the following cases general, from the date of entry in the Commercial Register, or 7 years in the case of of companies in biotechnology, energy, industrial and strategic sectors or have developed proprietary technology.
• Have not arisen out of a merger, division or transformation of companies that are not considered as emerging.
• Have the registered office or permanent establishment (+) in Spain.
• 60% of the workforce must have an employment contract in Spain.
• Do not distribute and have not distributed dividends.
• Not listed on a regulated market.
• Be considered an innovative company. The accreditation as an emerging company will be carried out by ENISA.

What criteria will ENISA apply to certify you as a emerging companies (+)?

Entrepreneurs who wish to avail themselves of the benefits and specialities of this law must apply to ENISA, which will evaluate their degree of innovation and scalability (+) of its business model (+). The evaluation procedure carried out by ENISA will be conducted in a The time limit shall not exceed three months from the date on which the application is made, complete with all the information required. The expiry of that period without that an express decision has been notified, entitles the person concerned to to consider it to have been upheld by positive administrative silence.

Are you an emerging company? ENISA criteria to grant you accreditation

THE ANALYSIS OF THE DEGREE OF INNOVATION OF THE ENTREPRENEURIAL PROJECT AND THE SCALABILITY OF THE BUSINESS MODEL WILL BE BASED ON AT LEAST THE FOLLOWING CRITERIA:

• Degree of innovation. Having received public funding in the last three years will be taken into account. Expenditure on research, development and technological innovation will also be taken into account in relation to the company's total expenditure over the previous two financial years, or in the previous financial year in the case of companies less than two years old.
• Degree of market attractiveness. Supply and demand in the sector will be assessed, as well as the generation of traction (+), user or customer acquisition strategies, among other aspects.
• Phase in the life of the company. The implementation of prototypes and the achievement of a minimum viable product (+) or the placing on the market of the service.
• Business model. Consideration will be given to the scalability (+) of the number of users, number of transactions or annual turnover.
• Competence (+). Competitors in their field or sector of activity and differentiation from them will be assessed.
• Promotion team (+). The experience, training and track record of the company's team will be valued.
• Dependence on suppliers, providers and rental contracts. Relations with other economic operators shall be taken into account.
• Clients (+). The volume of customers or users of the company will be valued. Segmentation and non-dependence on a few clients with a high turnover.

LINK for ENISA registration (see+)