Last July 21st came into force, after its publication in the BOE, the Ministerial Order PCM/825/2023, which establishes the requirements and process to be followed for a startup to obtain the certification of emerging company, provided for in the Startups Law approved on December 1st, 2022.
In this way, Empresa Nacional de Innovación ENISA, dependent of the Ministry of Industry, Trade and Tourism, has opened the process to request this certification through which, those startups who obtain it, can benefit from the advantages of the Startups Law
Just as we have already explained the keys to the new Startup Law, now, so that there is no doubt about the requirements or process to follow to obtain this certification, in this post we tell you all the key points you must know to request it.
Needed documentation and requirements
To be eligible for this certification, all applicant companies must possess and submit the following documentation:
- Supporting documentation of the requesting company
- Tax identification number
- Public deed of incorporation
- Closed annual accounts for the last fiscal year
- Certificate of being up to date with payments to the Tax Authorities
- Certificate of being up to date with Social Security payments.
- Declaration of compliance with the requirements established in the Startup Law.
- Business plan
In addition, in order for the company to apply for this certification, it is a requirement that it develops an innovative entrepreneurship project with a scalable business model. The order establish that a startup has the innovative entrepreneurship status in these cases:
- When the expenses in research, development and technologic innovation represent, at least, 15% of the total expenses during the last two fiscal years, or the last one if it is a company of less than two years old.
- To has been beneficiary of investment, financing or public aid to develop R+D+i or innovative entrepreneurship projects in the last three years.
- It must have a report from the Ministry of Science and Innovation about its high degree of innovation.
- That accredits enjoy bonuses in the contribution to the Social Security for having contracted research personnel.
- It must have an Innovative SME Seal awarded by the Ministry of Science and Innovation.
- It must have the Young Innovative Company Certification issued by AENOR (EA0043) or Small or Micro Innovative Company Certification issued by AENOR (EA0047) or Certification in accordance with UNE 166.002 - R+D+I Management Systems.
If on the contrary the startup doesn’t comply with the previous requirements, it must justify in a report the presence of technological innovation and the presence of innovation in product, processes, services and/or business models.
The procedure to follow
Once you have checked that your startup meets the requirements and you have all the necessary documentation, you are prepared to request the certification. The process is completely electronic, for this you just need to access the Enisa Web, register and submit all the documentation.
When you have completed the application, Enisa has a term of three months to solve and notify if your startup obtains the certification.
If your startup meets these requirements don’t hesitate to apply to enjoy the benefits of the new Startups Law. In addition, if you want your startup to achieve all its objectives take a look at all the help and services we can offer you from La Lonja de la Innovación.