Open a Fintech Company in Spain: Licensing, Compliance & Legal Setup

Why Launch a Fintech Company in Spain?

Spain’s financial sector is undergoing rapid digital transformation. The country offers:

  • 📈 A growing fintech ecosystem in hubs like Madrid, Barcelona, and Valencia

  • 💰 Access to EU markets with a single license (passporting)

  • 🔐 Regulatory clarity under EU directives (PSD2, AMLD, MiFID II)

  • 🧑‍💻 Supportive innovation programs (e.g., CNMV’s fintech sandbox)

Spain is ideal for launching digital payment platforms, neobanks, robo-advisors, crowdfunding platforms, and blockchain-based services.


🏛️ Legal Structures for Fintech Startups

To operate a fintech business, you must first form a company. Common options include:

Type of Company Description
Sociedad Limitada (SL) Limited Liability Company – ideal for startups
Sociedad Anónima (SA) Public Limited Company – for larger capital needs

📌 All founders need NIEs (foreigner IDs), and companies must be registered at the Mercantile Registry.


📑 Regulatory Framework for Fintech in Spain

Depending on your service type, you may need to comply with:

🔐 Payment Services

  • Requires license under PSD2 from Bank of Spain

  • Applies to: payment platforms, e-wallets, money transfer apps

💳 E-Money Institutions (EMIs)

  • Must register and obtain EMI license

  • Subject to capital requirements (€350,000+)

📈 Investment Services

  • Supervised by CNMV (Spain’s Securities Market Commission)

  • Applies to robo-advisors, investment platforms, tokenized assets

🤝 Crowdfunding Platforms

  • Regulated under EU Crowdfunding Regulation (ECSPR)

  • Must register with CNMV and meet investor protection standards

📌 AML compliance, data protection (GDPR), and cybersecurity are mandatory across all fintech categories.


🧾 Steps to Open a Fintech Company in Spain

Step-by-Step Guide:

  1. 🏢 Incorporate the Legal Entity (SL or SA)

    • Draft bylaws

    • Obtain NIEs and NIF

    • Deposit minimum share capital (€3,000 for SL)

  2. 🧑‍💼 Appoint Directors & Compliance Officer

    • Ensure fit & proper status

    • Prepare for regulatory interviews

  3. 🗂️ Apply for the Relevant License

    • Submit documentation to CNMV or Bank of Spain

    • Business plan, KYC/AML framework, IT systems overview

  4. 🔎 Register for Taxes & Social Security

    • VAT registration, local tax compliance, and employee setup

  5. 🛡️ Ensure GDPR and AML Compliance

    • Implement privacy policy, risk procedures, and security controls

✅ Sandbox participation is available for innovative projects (apply via CNMV’s sandbox program)


📊 Real Case Example

Client: A UK-based payment startup opened a Spanish SL and applied for a Payment Institution license.
We handled their incorporation, sandbox application, and licensing process—launching operations in 8 months with EU passporting rights.


👨‍⚖️ Legal Support from Borderless Lawyers

Our fintech legal services include:

  • ✅ Company formation for fintech founders

  • ✅ Licensing with Bank of Spain and CNMV

  • ✅ AML and GDPR compliance

  • ✅ Regulatory sandbox participation

  • ✅ Ongoing legal and compliance support

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