Regulatory framework for appraisal companies
Appraisal companies are public limited companies whose exclusive purpose is the valuation of assets, businesses or estates, approved and supervised by the Bank of Spain. Their regime is set out in Law 2/1981 on the Mortgage Market (Art. 3), implemented by Royal Decree 775/1997, and their valuations are governed by Order ECO/805/2003.
Approval and purposes
Approval is mandatory for valuations to have effect as mortgage collateral for loans in the cover pool of mortgage securities, as coverage of insurers’ technical provisions, and for the assets of real estate collective investment schemes and pension funds. The company is entered in the Bank of Spain’s Official Register of Appraisal Companies.
Requirements
The requirements are: the form of a public limited company, minimum capital of €300,000 in registered shares, an exclusive corporate purpose of valuation, a team of at least ten professionals (three of them tied), internal control and quality mechanisms, civil liability insurance exclusive to appraisal work, and a board of directors that meets the required fit and proper standards.
Procedure
Before starting the procedure, you must lodge a deposit of 10% of the capital (€30,000) with the Bank of Spain. Approval is decided within 2 months and, if there is no decision, the application is deemed rejected. After approval, the company is entered in the Commercial Registry and in the Official Register. Revocation of approval is decided by the Council of Ministers.
Independence and valuation
To preserve independence, the company adopts an internal code of conduct and complies with the incompatibility rules (no valuations for its group, shareholders with more than 10% or directors). Appraisals are carried out in line with the methods, content and timelines of Order ECO/805/2003.
Law 2/1981
Royal Decree 775/1997
Order ECO/805/2003
Art. 3
Bank of Spain
Official register
Circular 3/2014