How to Create a Crowdfunding Company in Spain

Why Launch a Crowdfunding Platform in Spain?

Spain is one of Europe’s most fintech-forward countries, with a growing appetite for alternative finance—especially among startups, real estate developers, and green energy investors.

📊 The Spanish crowdfunding market includes:

  • Equity crowdfunding (startups and SMEs)

  • Lending-based crowdfunding (P2P loans)

  • Real estate crowdfunding

  • Donation and reward-based crowdfunding

At Borderless Lawyers, we help you build and license a fully legal, scalable crowdfunding platform in Spain that complies with EU Regulation 2020/1503 and local financial laws.


🧾 Regulatory Framework for Crowdfunding in Spain

🔍 Key Regulations:

  • EU Crowdfunding Regulation 2020/1503 (uniform across EU since Nov 2021)

  • Supervision by CNMV (Comisión Nacional del Mercado de Valores)

  • AML and investor protection laws

  • Spanish Corporate Law and Fintech Licensing Framework

📌 Platforms targeting EU investors must have a Crowdfunding Service Provider (CSP) license and follow specific compliance rules.


🛠 Steps to Create a Crowdfunding Company in Spain

1. 🧠 Business Model Definition

Decide on:

  • Platform type: equity, lending, real estate, or donation-based

  • User profile: startups, property developers, or community projects

  • Revenue streams: platform fees, success fees, investor commissions

🎯 We help you assess regulatory fit and commercial viability before setup.


2. 🏢 Company Formation

Most platforms are structured as:

  • SL (Sociedad Limitada) – minimum €3,000 share capital

  • SA (Sociedad Anónima) – for public offerings or scaling across the EU

✅ We handle incorporation, shareholder agreements, and director registrations.


3. 📋 CNMV Licensing as a CSP

Requirements include:

  • Application dossier with business plan, risk protocols, governance structure

  • Minimum capital:

    • €25,000 for initial CSP license

    • €50,000–€200,000 if handling client funds directly

  • Technical platform audit and cybersecurity review

  • AML/KYC compliance framework

  • Appointment of compliance officer

⚖️ CNMV approval takes approximately 3 to 6 months. We manage the full process, including legal representation and communications with the regulator.


4. 🔐 Platform Development & Compliance Integration

Platform must include:

  • Risk disclosures and investor education tools

  • Investment caps based on investor profile

  • Due diligence on listed projects

  • Secure payment channels (via authorized payment providers)

  • Optional secondary market for equity re-sale

💻 We assist with terms of use, privacy policies, and all legal disclaimers to ensure platform compliance.


5. 🌍 Passporting Across the EU

Once licensed in Spain, your platform can operate in other EU countries without re-licensing.

📈 Perfect for scaling your fintech brand across Europe.


💬 Real-World Example

Case: A Dutch real estate fintech partnered with us to launch a Spanish CSP. We:

  • Formed the SL

  • Drafted AML policy, investor agreements, and platform terms

  • Filed all documents with the CNMV

  • Advised on payment flows and digital investor onboarding

The platform now operates across Spain, Portugal, and Italy with EU passporting.


📦 Ongoing Legal & Compliance Support

At Borderless Lawyers, we provide:

  • ✅ CNMV licensing and platform registration

  • ✅ AML, GDPR, and fintech compliance

  • ✅ Investment contracts and loan agreements

  • ✅ Platform audits and updates

  • ✅ EU passporting and cross-border compliance

🌐 Multilingual fintech lawyers | 🤖 Tech-savvy legal team | 🔐 Full regulatory support

error: Content is protected !!