Unofficial translation provided for information purposes.
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Formality description
Article 26 ter of Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing establishes that obliged subjects must appoint a director or senior manager residing in Spain to act as a representative to Sepblac.
Obliged subjects carrying out activities in Spain through agents or ways of establishment other than branches must appoint a representative residing in Spain who shall be considered as central contact point.
Obliged subjects carrying out activities in Spain through the provision of services without permanent establishment must also appoint a representative to Sepblac who may be non-resident in Spain.
In the case of individual entrepreneurs or professionals, the owner of the business shall act as representative to Sepblac.
In groups integrating several obliged subjects, the representative shall be unique and hold an administration or management position in the parent company of the group.
The representative to Sepblac is responsible for the fulfilment of the reporting obligations set out in Law 10/2010 of 28 April, for which (s)he shall have unlimited access to any information in the possession of the obliged person as well as, where appropriate, in any of the entities of the group.
On the other hand, article 35.1 of the Regulation of Law 10/2010 of 28 April, approved by Royal Decree 304/2014 of 5 May, establishes that the representative to Sepblac may appoint up to two authorized persons who will act under the direction and responsibility of the representative.
Consequently, if the representative of an obliged subject to Sepblac deems it convenient, (s)he can proceed to communicate to Sepblac the identity of up to two persons to whom those faculties are granted, and who must also communicate their acceptance.
The authorization will be exclusively extended to the scope indicated above and will last while the representative maintain its condition as representative to Sepblac.
Target audience
Persons holding the status of representative of an obliged subject to Sepblac wishing to appoint authorized persons in the aforementioned terms.
Notwithstanding the foregoing, the communication of authorized persons by the representative can be submitted together with the proposal of appointment of a representative to Sepblac. In such a case, the communication of authorized persons by the representative will be accepted provided Sepblac do not make any reasoned objection or observation regarding the proposal of appointment of the representative.
Process
In person / By post
Representatives of obliged subjects to Sepblac wishing to appoint authorized persons shall submit, for each person to whom they authorize and for each obliged subject, the following documentation in hard copy with neither staples nor binds:
- Form 22-6 “Comunicación de persona autorizada“ duly completed and signed by both the representative of the obliged subject to Sepblac and the authorized person.
A non-editable unofficial translation of form F22-6 for information purposes only can be downloaded by clicking here.
Please note that the Spanish version above must be used instead.
- Documentation sufficiently accrediting the signature of the person authorized by the representative to Sepblac (e.g. copy of a valid id).
The required documentation must be submitted in hard copy to the following address:
Sepblac
Calle Alcalá, 48
28014 Madrid Spain
Alternatively, these documents can be directly presented to the General Registry of the Bank of Spain, located in the aforementioned address.
