The self -employed play all their assets from the moment they decide to register in the Special Regime of Autonomous Workers (RETA) and start their activity.Unlike societies, the self -employed person has unlimited responsibility, that is, he would respond with all his present and future goods in the event that he has pending social security, with the Treasury or with any supplier.And these goods include from the money you have saved in accounts, to your own home.
With the pandemic, the number of freelancers who have been drowned by debts and have had to close.The problem is that, if the self -employed worker does not have enough liquidity to deal with his obligations, his creditors - the administration, a company or a individual - could resort to the embargo to charge the money that is owed to them.First, and in case of execution of the embargo, the law forces to start with the money or current accounts of any kind, then the financial instruments would go;Then the jewels;After them, income in money;And then movable property.If with all the above it was not enough, the autonomous house could be seized by the debts of your business.
A situation that, unfortunately, is much more common than we think.Especially since 2008, when many self -employed lost their home due to business debts.When there are debts of this type, creditors will try to charge through any good, and the easiest to locate is the habitual housing.This, since 2013, can only be avoided by sending an instance to the Commercial Registry to become a limited liability entrepreneur.Procedure that also has bonus costs and would be worth 64 euros in total, "said José Miguel Tabarés, Vice Dean and spokesman for the College of Registrars of Spain.
Although most self -employed do not know, since 2013, the entrepreneurship support law gives them the possibility of protecting their home and preventing them from being seized in case their business generates debts and creditors opt for the hardest wayTo collect them."There is a completely unknown figure that all self -employed natural person can opt and that is specifically designed to avoid the embargo on habitual housing.This is the figure of the limited liability entrepreneur, which has nine years but is completely unknown to the collective.It is a condition that all self -employed can access presenting a simple instance, and that gives their own workers the possibility of benefiting from a part of the privileges of the companies, of the limited liability on housing, without the need forconstituted as a society, "said José Carlos Piñero, director of the Legal Area of the National Federation of Associations of Autonomous Workers (ATA).
This is established by Law 14/2013, of September 27, on support for entrepreneurs and their internationalization.In his chapter II, he creates the figure of the "Limited Liability Entrepreneur", to which they can access "all entrepreneurs natural person, whatever their activity".The autonomous that access this figure can benefit from the limitation of responsibility for "your habitual housing provided that its value does not exceed 300.000 euros, "says the law.This means that the self -employed worker will continue to respond to debts with all his assets except with one of the most important goods, his home, which would be unattachable.
Those autonomous natural people who choose not to constitute a society, because it has a greater bureaucratic burden and managerial costs, but who want to protect their habitual housing must meet four requirements:
Actually, "the process is very simple and cheap.It is enough to send the instance to registrars to register as a limited liability entrepreneur.It can be done through a self-complementable on our website or through one that prepares the autonomous itself because, after all, it is still an instance where the circumstances of the person and housing are related toBe able to identify.You can personally take to registration or send telematically with electronic sign.From there, two types of seats were practiced: one in the Mercantile Registry, as Limited Liability Entrepreneur Yotro in the Property Registry.
As Tabarés explained, the exact procedure that the autonomous should follow is:
Regardless of all of the above, the limited liability entrepreneur would only be exempt from the habitual housing being seized.Its creditors could obtain the following elements that are related by the order of preference that the law below: