A new regulatory framework to support the creation and growth of Start-up companies is established by Law 28/2022


Law 28/2022

Order PCM/825/2023, of July 20, which regulates the criteria and procedures for the certification of emerging companies that give access to the benefits and specialties recognized in Law 28/2022, was published in the BOE last Friday, July 21.


An entrepreneurial project will be considered to be a company whose purpose is to solve a problem, improve an existing situation through the development of its products, services, new or substantially improved processes. In addition, they must implicitly carry a risk of technological, industrial or business model failure.

The company must meet at least one of the following conditions to be considered as an innovative entrepreneurship project:

Technological R+D+I (Research, Development and Innovation) expenses must represent at least 15% of the company’s total expenses during the two previous fiscal years, or in the previous fiscal year if the company is less than two years old.

-If the applicant company has been the beneficiary of investment, financing or public aid for the development of R+D+I projects or innovative entrepreneurship in the last three years without having suffered revocation due to incorrect or insufficient execution of the financed activity.

-The company must have a reasoned report issued by the Ministry of Science and Innovation, regarding its high degree of innovation.

-The company must accredit that it has received bonuses in Social Security contributions for having hired research personnel.

-The company must have the Innovative SME Seal granted by the Ministry of Science and Innovation.

-The company must have the Young Innovative Company Certification issued by AENOR (EA0043) or the Small or Micro Innovative Company Certification issued by AENOR (EA0047) or the Certification in accordance with UNE 166.002 – R+D+I Management Systems.


The certifying agency will assess the degree of scalability of the applicant company, as established in Article 4.3 of Law 28/2022, of December 21, based on the analysis of the following criteria:

-Degree of market attractiveness: the supply and demand of the sector in which the company operates will be assessed. Some aspects that may help to establish or infer the degree of attractiveness of the market are:

*The generation of traction.

*Strategies for attracting users or customers.

*Demand growth.

*Demand sensitivity to the economic cycle.

*Barriers to entry for new suppliers.

-Life phase of the company: the implementation of prototypes and the achievement of a minimum viable product or the market launch of the service will be assessed. In addition, its position in the market, whether or not its products or services are on the market, how long they have been marketed, how long they have been under development or how long it will take to reach the commercialization stage.

-Business model: the scalability of the number of users, number of operations or annual turnover will be considered, as well as the definition and monetization of its activity, products and/or services. The objectives and nature of its investment and financing plan.

-Competition: competing companies in the field or sector of activity and their differentiation will be assessed, including the strengths and weaknesses of the competing companies with respect to the company.

-Team: the experience, training and track record of the team that makes up the applicant company will be valued, both previous experience in other companies and sectors related to the management team, as well as the solvency and track record of the partners.

-Contracts with suppliers, providers and rental contracts: Companies and/or professionals that provide services to the applicant company and their importance in the production process will be considered.

-Customers: the volume of customers or users of the applicant company, their degree of concentration and their relevance for the company in terms of diversification will be considered.

The certification process will take place via electronic submission (Article 6), and once the procedure has been initiated, ENISA must resolve it within a maximum period of three months.

If you would like more information, please do not hesitate to contact us!

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