AML obligations for lawyers in Spain and professional secrecy

Lawyers are obliged entities for anti-money laundering purposes when they take part in certain transactions. We help you work out when Law 10/2010 applies to you, set up your manual and your due diligence, and handle the delicate boundary of professional secrecy (Art. 22).

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Professional secrecy
Art. 22
Covered transactions
Art. 2
Manual and internal control
Art. 26
Key legislation
Law 10/2010
Scenarios

When does AML apply to you?

Not everything a lawyer does is subject to anti-money laundering rules. The law lists specific transactions. These are some of the most common.

Real estate

Purchase and sale of real estate

“Taking part in the purchase or sale of real estate on the client’s behalf triggers AML obligations.”

Companies

Company formation and management

“Organizing contributions to create, operate or manage companies is one of the covered activities.”

Funds

Fund and asset management

“Managing the client’s funds, securities or other assets, or opening accounts, falls within the scope.”

Defense

Advice and defense

“Information obtained when assessing the client’s legal position or defending the client falls outside the scope (Art. 22).”

What is at stake

Ignoring AML has consequences

Breaching anti-money laundering obligations can lead to a serious penalty regime. And professional secrecy, although it protects you, does not exempt you from everything.

Law 10/2010 Obliged entity

A lawyer is an obliged entity when involved in the transactions listed in Art. 2.

Art. 50 et seq. Penalty regime

Infringements are classified as minor, serious and very serious, with significant fines.

No manual or internal control: the lack of procedures (Art. 26) is one of the most common gaps in law firms.

Incomplete due diligence: failing to identify the beneficial owner or to document the risk leaves the file incomplete.

Art. 24 No disclosure

You may not tell the client that a transaction has been reported or is being examined.

Misunderstood secrecy: Art. 22 protects defense and legal advice, not every service covered by the law.

Does your firm comply with anti-money laundering rules?

We analyze your transactions, set up your manual and your due diligence, and advise you on the limits of professional secrecy.

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Frequently asked questions

AML for lawyers: common questions

Are lawyers obliged entities for AML purposes?

Yes, but not always. A lawyer is an obliged entity under Law 10/2010 when involved in certain listed transactions: the purchase and sale of real estate or business entities, the management of funds or assets, the opening of accounts, or the creation and management of companies, among others.

What does Art. 22 say about professional secrecy?

Art. 22 (exemption) provides that lawyers are not subject to certain obligations regarding the information they obtain when ascertaining the client’s legal position or defending the client in proceedings. The duty of professional secrecy remains in place.

So does professional secrecy exempt me from everything?

No. Secrecy protects the relationship of trust and the right of defense, but it is not absolute. For transactions covered by the law (and not protected by Art. 22), due diligence, internal control and, where there are red flags, reporting all apply.

What specific obligations do I have?

The main ones are: due diligence (identifying the client and the beneficial owner), manual and internal control (Art. 26), record keeping (Art. 25), reporting suspicious transactions and no disclosure to the client (Art. 24).

Do I need an AML manual at my firm?

Yes. The manual and internal control procedures are one of the core obligations. Their content and requirements vary with the size of the firm and the type of transactions, but documenting the system is essential.

Who supervises compliance?

SEPBLAC is the anti-money laundering supervisor. Suspicious transaction reports are filed with SEPBLAC, and it can request information or inspect the firm’s system.

What if I report in good faith?

Good-faith reporting to the authorities does not breach any disclosure restrictions and creates no liability for the obliged entity (the law’s exemption from liability).

Does this also apply to small firms?

Yes. Obliged-entity status depends on the transactions, not on size. A small firm involved in covered transactions must comply, although the measures are scaled to its structure.

Operational guide

How to set up your firm’s AML system step by step

AML compliance as a lawyer is not red tape for its own sake. It means knowing which transactions bring you within scope, setting up a proportionate system and being clear about where the obligation ends and professional secrecy begins.

The starting point

Identify what brings you within scope

Not everything the firm does is covered. The first step is to map which transactions trigger Law 10/2010 and which are protected by professional secrecy.

The system

Set up a proportionate system

Manual, due diligence and internal control tailored to the size of the firm and the risk of your clients. Neither over-complying nor falling short.

The evidence

Document and retain

Identification, risk analysis, decisions and reports must be documented and retained so you can show SEPBLAC that you acted with due diligence.

Your firm’s AML system in 10 steps

  1. Map the firm’s transactions and identify which ones trigger Law 10/2010.
  2. Define which information is protected by professional secrecy (Art. 22).
  3. Carry out a risk analysis of your client and service portfolio.
  4. Draft the AML manual and the internal control procedures (Art. 26).
  5. Define due diligence: identifying the client and the beneficial owner.
  6. Set out when to apply enhanced measures based on risk.
  7. Design the procedure for detecting and analyzing suspicious transactions.
  8. Define reporting to SEPBLAC and the ban on disclosure to the client.
  9. Organize record keeping for the legal retention period.
  10. Train the team and schedule a periodic review or audit.

Want to review your current system? See our AML/CFT audit or the general anti-money laundering framework.

Your firm’s AML in practice

From engagement to file: putting it into practice

AML compliance in a law firm is a practical exercise. For each engagement you need to check whether it is covered, identify properly, assess the risk and document everything. This panel sets out that workflow.

Assessing whether the engagement is subject to AML1) Covered?

Assess the engagement

For each new engagement we determine whether it falls within the Art. 2 transactions or is protected by professional secrecy under Art. 22.

  • Covered transaction
  • Professional secrecy
  • Clear boundary
Identifying the client and the beneficial owner2) Due diligence

Identify and assess

We identify the client and the beneficial owner, assess the risk of the matter and decide whether standard or enhanced measures apply.

  • Client
  • Beneficial owner
  • Risk
Detecting and analyzing suspicious transactions3) Red flags

Detect red flags

We analyze the warning signs and, where appropriate, decide to report to SEPBLAC, without disclosing anything to the client.

  • Warning signs
  • Analysis
  • No disclosure
Documenting and retaining the file4) Document

Document and retain

We record the identification, the risk analysis and the decisions, and keep the file for the legal retention period.

Tip: professional secrecy protects defense and legal advice; it is not a wild card for not applying AML rules to a covered transaction. Telling the two apart is the key.
Decision map by type of workQuick decision

Covered or not covered?

Art. 2 transaction

Purchase and sale, companies, funds: subject to AML.

Defense / legal position

Information protected by Art. 22: not covered.

Unsure

Analyze case by case and document the criterion applied.

AML playbook for lawyers

Covered or not, task by task

Task
Subject to AML?
What to do

Purchase and sale of real estate

Yes: a transaction listed in Art. 2.

Full due diligence and a complete file.

Creating or managing companies

Yes: organizing contributions and managing companies.

Identify the beneficial owner and keep the documentation.

Managing funds or accounts

Yes: management of funds, securities, assets or accounts.

Risk analysis and monitoring.

Defense in proceedings

No: protected by Art. 22 and professional secrecy.

Keep the secrecy; document the criterion.

Ascertaining the legal position

No: information obtained to advise the client.

Not covered, unless it is used as a vehicle for money laundering.

Mistakes that leave your firm exposed

Avoiding them is what separates real compliance from mere box-ticking.

  • Believing that none of a lawyer’s services are subject to AML rules.
  • Using professional secrecy as an excuse not to comply on covered transactions.
  • Having no manual or internal control procedures.
  • Failing to identify the beneficial owner or to document the risk analysis.
  • Telling the client that a transaction is being examined or reported.
Working glossary

Key AML concepts for lawyers

If your firm is an obliged entity, these terms come up in the manual, in client files and in your dealings with SEPBLAC. Understanding them helps you comply without surprises.

Obliged entityArt. 2

Who must comply

An individual or legal entity bound by Law 10/2010 when involved in the listed transactions.

Depends on the transaction.
Art. 22Exemption

Professional secrecy

Excludes from certain obligations the information obtained when ascertaining the client’s legal position or defending the client.

Not a blanket exemption.
Due diligenceKYC

Know your client

Formal identification of the client and the beneficial owner, and assessment of the purpose of the relationship.

The basis of the file.
Beneficial ownerArt. 4

Who is behind it

The natural person who ultimately controls or benefits from the client or the transaction.

Must be identified.
Internal controlArt. 26

Manual and procedures

The set of policies, manual and procedures the firm must have in place to prevent money laundering.

Proportionate to the firm.
SEPBLACSupervisor

AML authority

The service that receives suspicious transaction reports and supervises compliance.

Where reports go.
Suspicious transaction reportReporting

Suspicious transaction

The duty to report to SEPBLAC any transaction showing signs of money laundering or terrorist financing.

After internal analysis.
Art. 24Prohibition

No disclosure

The ban on telling the client or third parties that a transaction is being examined or reported.

So-called “tipping-off”.
Royal Decree 304/2014Regulations

Implementing rules

The regulations implementing Law 10/2010, which set out many of the applicable obligations in detail.

Supplements the law.
Contact

Book a call

Tell us which transactions your firm handles and we will tell you which AML obligations apply and how to set up a proportionate system.

Anti-money laundering (AML) for lawyers in Spain: obligations and professional secrecy

Lawyers are obliged entities for anti-money laundering and counter-terrorist financing purposes when they take part in certain transactions, under Law 10/2010 and its implementing regulations, Royal Decree 304/2014. What determines coverage is not the type of professional but the specific transaction involved.

When a lawyer is an obliged entity

The law lists transactions such as the purchase and sale of real estate or business entities, the management of funds, securities or other assets, the opening or management of accounts, and the organization of contributions to create, operate or manage companies. When a lawyer takes part in them on a client’s behalf, AML obligations are triggered.

The limits of professional secrecy (Art. 22)

Article 22 of Law 10/2010 sets out an exemption: lawyers are not subject to certain obligations regarding the information they receive or obtain when ascertaining the client’s legal position or defending the client in proceedings (including advice on instituting or avoiding proceedings), whether before, during or after them. The duty of professional secrecy remains in place. That said, secrecy protects the relationship of trust and the right of defense. It is neither an absolute right nor a free pass to stop applying AML rules to a transaction that is in fact covered.

Which obligations apply

For covered transactions, the firm must apply due diligence (identifying the client and the beneficial owner), put in place a manual and internal control measures (Art. 26), keep records (Art. 25), report suspicious transactions to SEPBLAC and respect the ban on disclosure to the client (Art. 24). Good-faith reporting is covered by an exemption from liability.

Supervision and consequences

The anti-money laundering supervisor is SEPBLAC. Non-compliance can lead to a penalty regime that classifies infringements as minor, serious and very serious. A proportionate, well-documented AML system is the firm’s best defense in a possible inspection.

Law 10/2010 Royal Decree 304/2014 Art. 2 obliged entities Art. 22 professional secrecy Due diligence Beneficial owner SEPBLAC Internal control

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Official sources

Key legislation, linked to the official text:

Legislation and links reviewed in .

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