Question
“I am a single member LLC. But my attorney says I need to have a signature other than mine on the work agreement/contract. There is nobody else who can sign this. Has anybody else been through this when applying for a Spain Digital Nomad Visa?”
Answers
These are the answers of Spainguru’s Spain Digital Nomad Visa group members:
“Consider hiring a registered agent, especially if you’re going to keep your SMLLC running in the US while you’re in Spain. That’s what I’m going to do before the application so they can sign the letter and collect mail, deposit physical checks, etc. for my SMLLC once I’m (hopefully approved and) in Spain.
It’s my understanding that you legally need to have a registered agent who is physically in the state where your SMLLC is registered if it’s not you/you’re not there. I’ve also heard of other SMLLC owners who have their accountant sign for them.”
“Registered agents cannot sign contracts for you.” – “It’s not a contract that would be used or enforced in the U.S. It’s essentially a piece of paperwork that’s meaningless in the U.S. and is only being written up to satisfy the visa application. To get really technical, a contract for hire between yourself and your SMLLC is actually illegal in the U.S.”
“At that rate, I could have anyone sign it though.”
“It’s my understanding that UGE doesn’t check the relationship between the person who signs and the company they’re signing for. Unless they start requesting documentation of the relationship between the signer and the company, they’d have zero way of knowing.
We’re talking about a brand new global visa that, understandably, did not take the minutiae of U.S. single member LLCs into account when they created the visa. It’s full of contradictions and loopholes.”
“I had a single member LLC and wrote the letter of expertise and signed it myself.”- “I’m applying as a contractor. They need to see the contract between me and my company. Two different signatures.”
(Lawyer answer) “Ideally (and we strongly recommend it if possible) is that a different person signs for the company. Legally, they just need a signed contract between you and the company so you could sign it yourself.
They need the contract to check it off the list of requirements. People have been approved signing for both parts, but avoid it if you can.”
Conclusion
The conversation highlights the complexity of applying for a Spanish Digital Nomad Visa as a single member LLC owner.
While some members suggest hiring a registered agent or having an accountant sign, it’s not legally required for the U.S.-based LLC.
In some cases, applicants have successfully signed for both sides of the contract themselves. However, it’s recommended to have a second signature when possible to avoid any potential issues.
Join our community!
Make sure to join our dedicated Spain Digital Nomad Visa group here!
