Regulatory framework for currency exchange
The buying and selling of foreign banknotes and traveler's checks on premises open to the public, by entities other than banks, is governed by Royal Decree 2660/1998, the Order of November 16, 2000 and Bank of Spain Circular 6/2001. Credit institutions are excluded from this regime. Sending money abroad, by contrast, is a payment service subject to PSD2 rules and Royal Decree-law 19/2018.
Two regimes
Two activities that are often confused should be kept apart: physical currency exchange (buying and selling banknotes) is authorized and entered in the Bank of Spain's Register of Currency Exchange Establishments; sending money (money remittance) requires being a payment institution or acting as an agent of one.
Authorization and registration
Authorization is granted by the Bank of Spain and decided within 3 months; if that period ends without a decision, the application is deemed rejected (negative administrative silence). After authorization, you have 6 months to incorporate the company, register it with the Commercial Registry and enter the establishment in the Register of Currency Exchange Establishments.
Form, capital and exclusive purpose
Buying foreign banknotes against payment in euros has simpler requirements and can be done by a natural or legal person. Selling banknotes requires a public limited company (S.A.) formed by simultaneous incorporation, minimum capital and an exclusive corporate purpose, with directors who meet the fit and proper and good repute standards of the financial sector.
Anti-money laundering, transparency and agents
The establishment is an obliged entity under anti-money laundering rules and must publish exchange rates, fees and charges, record transactions daily and keep those records for 6 years. It may operate through agents with registered powers of attorney for certain operations, but not for buying and selling foreign banknotes and traveler's checks.
Royal Decree 2660/1998
Order of November 16, 2000
Circular 6/2001
PSD2
Royal Decree-law 19/2018
Law 10/2010
Bank of Spain