KYC/AML Requirements for Foreign Companies at Spanish Banks
Spain’s anti-money laundering framework centres on Law 10/2010, of 28 April, and its implementing regulation (Royal Decree 304/2014). This legislation transposes the European anti-money laundering directives, currently the Fifth Directive (5AMLD, Directive 2018/843/EU), and imposes on Spanish financial institutions obligations of identification, customer knowledge and reporting of suspicious transactions to SEPBLAC (Spain’s Financial Intelligence Unit).
For account openings involving companies with non-resident beneficial owners, banks apply enhanced due diligence (Article 11, Law 10/2010). This entails: formal identification of the legal entity via articles of association and certificate of good standing, identification of all Ultimate Beneficial Owners (UBOs) with direct or indirect shareholding of 25% or more of the capital or voting rights, verification of the source of funds to be deposited, understanding the purpose and nature of the business relationship, and ongoing monitoring.
Identification of beneficial owners is frequently the greatest obstacle. Since the 5AMLD came into force, Spanish banks require documentation evidencing the chain of ownership up to the ultimate natural persons who control the company, regardless of the number of corporate layers. For complex structures with multiple holding tiers, this may require documentation from several jurisdictions. Euroaccounts, through the INPACT Global network, coordinates the procurement of this documentation with local advisers in each jurisdiction.
Since 2020, Spanish banks have significantly tightened their KYC processes for foreign companies. The Bank of Spain and SEPBLAC have intensified inspections of bank compliance departments, which has led many banks to outright reject opening applications that present any additional complexity (higher-risk jurisdictions, unusual business activities, opaque corporate structures). Having a professional intermediary like Euroaccounts, with established relationships with the international business divisions of the main banks, significantly increases the chances of successful opening and reduces timelines.
Foreign documents must be apostilled in accordance with the Hague Convention of 1961 (or legalised through diplomatic channels if the country is not a Convention signatory) and translated by a sworn translator into Spanish. Financial statements must cover the last two closed fiscal years and should preferably be audited. International banking references issued by the parent company’s bank greatly facilitate the process and are practically indispensable for non-EU companies.
- Law 10/2010 and RD 304/2014: Spain's anti-money laundering framework
- 5AMLD (Directive 2018/843/EU): current European standard
- UBO mandatory: identification of natural persons with 25% or more control
- Enhanced due diligence for non-resident beneficial owners (Article 11, Law 10/2010)
- Documents: apostille + sworn translation + audited financial statements
