Fintech Lawyers: Financial Regulation and Licensing in Spain
Starting a fintech company in Spain requires more than just developing a technological solution and having financing. When the business involves managing payments, granting financing, safeguarding funds or providing certain services linked to cryptoassets, it is necessary to check what activities are regulated, what authorizations may be required and what obligations the company must comply with during its operation.
An error in the legal classification of the business model can force the corporate structure to be modified, delay the launch of the service or generate risks in front of supervisory bodies.
At IN DIEM Abogados we offer legal advice on fintech regulation to Spanish and foreign companies that wish to access the financial market, develop new services or adapt their activity to regulatory changes.
Legal advice for fintech companies in Spain
Fintech financial regulation comprises different Spanish and European regulations whose application depends on the activity actually carried out. Not all technology companies that offer financial services are subject to the same requirements, nor do they all need a license from the Bank of Spain.
The first question is to determine who legally provides the service, who holds or transmits the funds, how the platform relates to its customers and what responsibilities each party assumes.
Our advice is aimed at, among others:
- Startups that develop payment platforms, transfers, digital collections or innovative financial solutions.
- Companies dedicated to the granting of loans, microcredits and other forms of consumer financing.
- Foreign companies that wish to establish themselves in Spain or provide financial services in the Spanish market.
- Business groups and investors interested in acquiring authorised financial institutions.
- Businesses linked to cryptoassets and digital financial services subject to specific regulatory requirements.
- Already operational entities that need to review their contracts, internal procedures or authorization conditions.
Licences and authorisations to carry out financial activities
Determining whether a company needs a fintech license in Spain requires examining the actual operation of its product. The trade name used by the company does not determine, by itself, the applicable legal regime.
Some models require prior administrative authorisation; others may benefit from a specific registration regime or carry out certain functions through agreements with previously authorised entities, provided that the distribution of responsibilities and the effective activity comply with the regulations.
At IN DIEM we study the available regulatory alternatives and their legal, economic and organisational implications. The aim is for developers to be able to decide how to structure their activity knowing the requirements they will have to assume before and after its launch.
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Legal services for companies in the fintech sector
The activity of a fintech company can be simultaneously subject to financial, commercial, technological and consumer protection obligations. Our work covers both the preparation of the project and its regulatory adaptation during the development of the activity.
Payment institution authorisation and registration
Businesses that wish to execute transfers, manage certain collection services, issue payment instruments or carry out other regulated activities may need authorisation from the Bank of Spain.
The regulations also provide for specific registration regimes for certain providers, including payment institutions with a low turnover.
At IN DIEM we advise on the payment institution licence, the choice of the applicable regime, the preparation of the regulatory file and the obligations that affect these entities. We also study collaboration alternatives with authorised suppliers.
If your project requires authorisation to provide payment services, you can consult our advice on payment institution licensing in Spain, where we cover the requirements, the modalities of authorisation and registration, and the processing before the Bank of Spain.
Advice for lenders and microfinance companies
The granting of consumer loans requires a review of contractual conditions, creditworthiness assessment systems, cost transparency and borrowers’ rights.
The evolution of European and Spanish consumer credit regulations also makes it necessary to pay attention to the requirements for access to and exercise of the activity, differentiating the current obligations from the new provisions and their dates of application.
We advise companies dedicated to the granting of microcredits and consumer finance in their legal implementation and regulatory adaptation, without confusing this activity with payment services or real estate credit.
For companies that wish to develop this activity, we offer a specific service of lender authorization and advice for microcredit companies, which includes the legal implementation of the business, the review of its obligations and the adaptation to the applicable regulatory requirements.
Anti-Money Laundering and Compliance
Financial activities subject to anti-money laundering and countering the financing of terrorism regulations require procedures appropriate to their risks, structure and operations.
Where required, we intervene in the preparation of internal manuals, customer identification, risk assessment, controls and monitoring procedures, with the specialised support of Capitalea.
This work can be coordinated with our corporate compliance and legal risk management services, especially when the business needs to integrate different obligations within its organization.
Acquisition of authorized entities and collaboration agreements
Obtaining your own authorisation is not always the only alternative for developing a fintech project. Depending on the characteristics of the service, collaboration with a previously authorised entity or the acquisition of a company that already has certain regulatory qualifications may be considered.
These operations require an analysis of the legal situation of the entity, its outstanding obligations, existing contracts and the corresponding supervisory authorisations or communications. The acquisition of an authorised company does not mean that any new service can be provided automatically.
Cryptoassets and MiCA regulation
Providers of certain crypto-asset services are subject to the European MiCA Regulation, which sets out requirements for authorisation, organisation, transparency and customer protection.
With the support of Cryptoveritas 360, contemplated in our specialized services structure, we address legal issues related to cryptoassets, digital services and international operations, in accordance with the corresponding financial and anti-money laundering regulations.
Comprehensive advice beyond financial authorization
Obtaining a license alone does not solve all the legal needs of a financial company. Its activity may also require commercial contracts, agreements between partners, hiring of personnel, tax advice, data protection and organization of its administrative bodies.
At IN DIEM we coordinate these issues with the area of corporate law and advice to companies, preventing regulatory decisions from being adopted outside the business structure.
This coordination is especially useful for international groups that must incorporate a company in Spain, incorporate directors, formalize investments or hire local suppliers.
How we work on the implementation of a fintech project
The legal intervention is organized according to the degree of development of the business and the requirements of its activity:
- Regulatory diagnosis: we examine the product, economic flows, the parties involved and the applicable legal requirements.
- Legal and corporate design: we review the business structure, the necessary functions, the contracts and the possible alternatives for access to the market.
- Preparation and processing: we prepare or coordinate the required documentation and, where appropriate, intervene with the competent supervisory body.
- Regulatory monitoring: we advise on changes in activity, new obligations, internal procedures and adaptation of the company during its operation.
A legal team for national and international financial projects
IN DIEM Abogados provides services throughout Spain, with face-to-face and online attention, and experience in international legal matters.
Our approach combines regulatory analysis with business advice, allowing us to address the financial, corporate and contractual aspects of the project in a coordinated manner.
Whether it is a startup preparing its launch, a foreign company considering entering Spain or a financial institution that needs to review its obligations, the starting point is to understand its activity and determine what legal structure allows it to be developed in accordance with the applicable regime.
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Frequently Asked Questions International Legal
Answers to frequently asked questions about international legal services, cross-border operations, corporate law, and global legal advisory.
What does a lawyer specializing in fintech regulation do?
A fintech lawyer analyzes the legal requirements that affect technological financial businesses. They can advise on licenses, authorizations, contracts, corporate structure, prevention of money laundering and relations with supervisory bodies, as well as intervene in the regulatory adaptation of companies that are already operating.
Do all fintech companies need authorization from the Bank of Spain?
No. The need for authorization depends on the activity carried out. Some financial services require a license or registration, while other technology businesses can operate without specific financial authorization, although they must comply with other legal obligations. It is necessary to study the product and the role that each company plays in its provision.
Can a foreign company develop a fintech activity in Spain?
Yes, but the legal route depends on the country of origin, the type of service and the authorisations it has. An entity authorised in another State of the European Economic Area may benefit, in certain cases, from European passport mechanisms. Companies from third countries must examine the specific conditions of access to the Spanish market.
Which body supervises fintech companies in Spain?
There is no single supervisor for all fintech companies. Depending on the activity, the Bank of Spain, the National Securities Market Commission (CNMV) or other competent bodies may intervene. The identification of the supervisory authority is part of the initial regulatory diagnosis.
Is it possible to launch a fintech in collaboration with an authorized financial institution?
In certain business models, a contractual collaboration with an approved supplier may be established. However, such collaboration does not allow the exemptions required to be circumvented when the company itself carries out a reserved activity. The roles attributed to each party, the regulatory responsibilities and the registration requirements that may apply should be reviewed.
What are the anti-money laundering obligations of a fintech?
It depends on whether the company has the status of an obligated entity and the activities it carries out. Where the regulations on the prevention of money laundering are applicable, due diligence measures, risk assessment, internal controls and other obligations provided for by law must be established, with the particularities that correspond to each entity.
What regulations apply to fintechs that work with cryptocurrencies?
The European MiCA Regulation regulates certain activities related to cryptoassets and their service providers. Since 1 July 2026, the general transitional period for previously registered providers has ended in Spain. The entities included in its scope must have the corresponding authorisation, without prejudice to other applicable regimes depending on the asset or service.
How much does it cost to start a regulated fintech company?
There is no single cost. It depends on the activity, the type of authorisation, the initial capital required, the corporate structure, the staff and the necessary technology providers. The costs of document preparation, legal advice and regulatory compliance, as well as recurring operating expenses, must also be assessed.
Can a Spanish fintech provide services in other countries of the European Union?
Some authorised entities may provide certain services in other States of the European Economic Area through the passport mechanisms provided for in their sectoral regulations. This possibility does not automatically extend to any fintech activity or to all simplified registration modalities.
Does IN DIEM advise fintech companies that are already operating?
Yes. Advice also includes the review of contracts, regulatory obligations, internal procedures, corporate changes, business expansions and adaptation to new provisions. An authorised company may need ongoing legal assistance to maintain an organisation and operations in line with its legal obligations.
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, the In Diem Team.
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Is your fintech project ready to operate in Spain?
Before starting a financial activity, it is essential to determine what regulatory requirements affect the business model and what authorisations may be necessary. At IN DIEM Abogados we study the structure of the project, its services, compliance obligations and possible routes of access to the market. Contact our team to legally assess your initiative and define the next steps.
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