Criteria for certifying the character of a start-up were published by ministerial order on July 21. As we reported above, the January 23, January 2023 came into force Law 28/2022, December 21, December 21, foster ecosystem of emerging companies (known as “Startups Act”). Among the requirements established to benefit from the advantages included in said law, is to have an innovative and scalable business project, which must be certified by ENISA.
Criteria for certifying the nature of an emerging company
The criteria for certifying an emerging company, in other words, for determining the innovative nature of an emerging company, are listed below.
- General criterion: when the purpose is to solve a problem or improve an existing situation by means of new products, services or processes, which are sufficiently innovative compared to those existing previously. This purpose must carry a risk of technological failure, industrial or business model in the business model (for example, a technological company that raises a new way to exploit a product or service existing, as could be in your day cab applications).
- This criterion will be deemed to be met if any of the following conditions are met:
- R&D&I expenditures of at least 15% of the company’s expenses.
- The company was the beneficiary of public funding or aid for the development of R&D&I projects in the last three years.
- The company has a report issued by the Ministry of Science and Innovation.
- The company enjoys bonuses in Social Security contributions for having hired research personnel.
- The company has an Innovative SME Seal granted by the Ministry of Science and Innovation.
- The company has a Young Innovative Company certification issued by AENOR or Small or Micro Innovative Company Certification issued by AENOR or Certification in accordance with UNE 166.002 – R&D&I Management Systems.
- Technological innovation that may be protected by industrial property rights (trademarks and trade names are excluded) or other rights such as protected software or know-how.
- Innovation in products, processes, services and/or business models (general criteria).
Criteria to determine the character of a scalable venture
First, the degree of attractiveness of the market. Sector supply and demand, user/customer uptake, barriers to entry for competitors, etc.
Secondly, the stage in the life of the venture. The existence of prototypes and the achievement of a minimum viable product or market launch of the service will be positively valued.
Thirdly, the business model.
In addition, the competition criterion. Differentiation from companies in the sector will be considered.
The team. Based on experience, training and track record.
Existing contracts. With suppliers, providers and space rental.
Existing clients/users.
Finally, having subscribed credit policies with ENISA in the last three years.
Certification procedure
The application is submitted through the electronic registry on ENISA’s website. The deadline for a decision is three months. In the event of administrative silence, it will be understood that the application has been accepted.
ENISA will communicate the status of emerging company to the Commercial Registry.
The rest of the requirements, as well as the advantages of being considered an emerging company, can be found in our previous article.
