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Advisory for the financial sector in the age of digital transformation

We advise financial institutions, fintechs, investment funds and insurers in Spain on regulatory compliance, specialised taxation and corporate advisory in an environment of intense digital and regulatory transformation.

78.051
active companies in Spain
396.901
registered workers (SS)
50,3%
5-year survival rate
6,0%
EU business share

Source: cifex · Seguridad Social · INE DIRCE

60+
financial entities advised
40+
fintechs and neobanks supported
20+
years in financial services

Spain’s financial services sector encompasses more than 78,000 active companies and employs close to 397,000 workers registered with Social Security, positioning it as the sixth-largest sub-sector by share within the European market at 6.0% of the EU total. Its five-year survival rate of 50.3% reflects a highly competitive environment in which entities must combine robust risk management with rapid adaptation to a constantly evolving regulatory framework. Accelerated digitalisation — with the rise of fintechs, neobanks and crypto-asset providers — and continuous regulatory tightening, with rules such as MiCA, DORA and the new AMLD6 Directive, impose growing compliance burdens that make specialist advisory a strategic investment, not a cost.

At BMC we advise credit institutions, insurers, fund managers, investment service companies, fintechs and crypto-asset operators on all tax, legal and corporate aspects of their business. Our services include structuring and registering investment vehicles (FCR, SCR, SOCIMI, ELP), AML/PBC compliance (KYC, enhanced due diligence, internal policies, training), transfer pricing advisory for financial groups and tax planning for investments through financial instruments.

We accompany fintechs throughout their regulatory lifecycle: from identifying the applicable licensing framework through applying for and obtaining authorisation from Banco de España or the CNMV, to designing compliance manuals, KYC/AML procedures and managing supervisor relationships. The pressure on margins and the need to scale efficiently make tax planning from the outset — choice of legal form, shareholding structure, treatment of stock options — a decisive factor in the long-term viability of any fintech project.

We also advise on data protection in the financial sector (GDPR applied to credit scoring, customer profiling and international data transfers) and on structuring financial contracts and digital asset custody agreements. In a sector where half of all companies do not reach their fifth year of operation, having an adviser who integrates regulatory compliance, taxation and corporate strategy makes a real difference to an entity’s ability to operate securely and grow in a sustainable way.

Glossary

Key Sector Terms

Accelerated Depreciation in Spain (Amortización Fiscal Acelerada)

Accelerated depreciation (amortización fiscal acelerada) in Spain allows companies to deduct a higher proportion of an asset's cost in the early years of its useful life for Corporate Tax purposes, reducing taxable income sooner than straight-line accounting depreciation would permit. Spain offers both statutory accelerated tables and specific regimes for SMEs, newly hired personnel, and R&D assets.

EU AI Act

The EU Artificial Intelligence Act (Regulation EU 2024/1689) is the world's first comprehensive legal framework for artificial intelligence. It classifies AI systems by risk level, imposes obligations on developers, deployers, and importers, and establishes penalties of up to €35 million or 7% of global turnover for the most serious violations. It entered into force in August 2024 with phased compliance deadlines through 2027.

Arbitration and Mediation in Spain

Spain has a well-developed framework for alternative dispute resolution (ADR). Arbitration is governed by Ley 60/2003 de Arbitraje (based on the UNCITRAL Model Law) and provides a binding, private process with enforceable awards. Mediation in civil and commercial matters is regulated by Ley 5/2012. Spain is a signatory to the New York Convention (1958), enabling international enforcement of Spanish arbitral awards in 170+ countries.

Balance Sheet in Spain

The balance sheet (balance de situación) is a statutory financial statement that presents a company's assets, liabilities, and shareholders' equity at a specific point in time. In Spain, it is a mandatory component of the annual accounts (cuentas anuales) prepared under the Plan General Contable (Spanish GAAP) and filed at the Commercial Registry.

Board of Directors in Spain

The board of directors (Consejo de Administración) is the collective management body of a Spanish capital company, responsible for the day-to-day management and strategic direction of the business. It operates under the Ley de Sociedades de Capital and owes fiduciary duties of loyalty and diligence to the company and its shareholders.

Branch vs Subsidiary in Spain

Foreign companies entering the Spanish market must choose between establishing a branch (sucursal) — an extension of the foreign company with no separate legal personality — or incorporating a subsidiary (typically a Sociedad Limitada or S.L.) — an independent Spanish legal entity. The choice affects taxation, legal liability, administrative requirements, and exit flexibility.

FAQ

Frequently asked questions

Depending on the activity, a Spanish fintech may need a payment institution or e-money institution licence (supervised by Banco de Espana), an investment services firm licence (CNMV), a lender registration (CIRBE) or registration as a crypto-asset service provider (PSVA with Banco de Espana under MiCA). We advise on identifying the applicable regulatory framework and managing the licensing process.
MiCA (Markets in Crypto-Assets Regulation), fully applicable since December 2024, regulates the issuance of and provision of services over crypto-assets in the EU. Companies already registered as PSVAs in Spain benefit from a transitional period until July 2026. MiCA requires authorisation as a CASP (Crypto-Asset Service Provider), with requirements on capital, governance, custody and disclosure.
Entities subject to Law 10/2010 on money laundering prevention — banks, insurers, financial advisers, fund managers — must implement customer due diligence (KYC) procedures, identify ultimate beneficial owners, maintain AML policies, appoint a SEPBLAC representative and report suspicious transactions. Non-compliance carries very significant penalties.
Spain's venture capital regulation (Law 22/2014) allows the structuring of Venture Capital Funds (FCR), Venture Capital Companies (SCR) and Management Companies (SGEIC) under CNMV supervision. These vehicles enjoy a favourable tax regime (99% income exemption in Corporate Tax for FCR/SCR). We advise on the incorporation, regulation and tax management of these vehicles.
The Digital Operational Resilience Act (DORA), applicable since January 2025, requires Spanish financial entities to implement ICT risk management frameworks, conduct digital operational resilience testing, manage third-party ICT provider risks and report significant incidents. Non-compliance may result in penalties of 1% of average daily global turnover.

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