FitStep 1
Which regime applies to you
The regime changes completely depending on whether you lend to consumers or to businesses, with or without a mortgage guarantee, and with what funds.
Law 16/2011, Law 5/2019, Law 2/2009.
Start a Lending Company in Spain
We help you set up your lending company under the regime that applies to your product: consumer loans, mortgage-secured loans, business financing or a financial credit establishment. We incorporate the company, complete the registrations that apply, prepare contracts and pre-contractual documentation, and put anti-money laundering compliance in place.
Planning to set up a lending company?
Tell us what kind of loans you want to offer, to whom and with what funds, and we will tell you what you need and what it costs to prepare.
- Reply within 24 h
- No commitment
- Confidential
- Current consumer credit law
- Law 16/2011
- Insurance or guarantee for the Consumer registry
- €300,000
- Minimum capital of an EFC
- €5 million
- CCD2 application date
- November 20, 2026
What we do
Your lending company, ready to lend with full compliance
In Spain not every lender needs a license, but every lender has obligations. The work starts with knowing which ones are yours.
CompanyStep 2
Incorporation and company name
We incorporate the company with a corporate purpose and a name that do not encroach on those reserved for banks and financial credit establishments.
Law 10/2014 and Law 5/2015.
RegistryStep 3
Registrations that apply
Registration with the Bank of Spain or your autonomous community for real estate credit, or with the state Consumer registry, with insurance or a guarantee, where applicable.
Law 5/2019 and Law 2/2009.
ProductStep 4
Contracts and pre-contractual information
We draft the contracts, the standard European information, the advertising and the creditworthiness assessment procedure.
Arts. 9, 10, 14 and 16 of Law 16/2011.
AMLStep 5
Anti-money laundering
If you grant loans professionally without being an EFC, you are an obliged entity: manual, risk analysis, KYC and a SEPBLAC representative.
Art. 2.1.k of Law 10/2010.
FutureStep 6
Ready for CCD2
Directive (EU) 2023/2225 will require authorization, registration and supervision of non-bank lenders. We leave you prepared for when the Spanish law arrives.
Art. 37 of Directive 2023/2225.
Scenarios
What kind of lending company do you want to set up
These are the four models we see most often. Each has a different regime.
Consumer
Personal loans or microloans to individuals
Today they are governed by Law 16/2011 and, without a mortgage guarantee, have no specific registry. This is the model that will change most under the new consumer credit law.
Mortgage
Loans secured by real estate
If the borrower is a consumer and the loan is secured on a home, Law 5/2019 applies, with registration as a real estate lender.
Business
Financing for SMEs, developers or self-employed professionals with a business activity
Lending to businesses has no specific registry, but it requires solid contracts and anti-money laundering compliance.
EFC
An entity supervised by the Bank of Spain
If you want to fund yourself through issuances or securitizations and operate with more products, the financial credit establishment is the full-scope form.
What the law says
Starting a lending company, in figures
Data from current regulation and from Directive (EU) 2023/2225.
Law 10/2014
Banks only
Taking repayable funds from the public, such as deposits, is reserved to credit institutions.
Law 16/2011, art. 3.c
€200
Below this amount, consumer credit falls outside the current law.
Law 2/2009, art. 7
€300,000
Minimum civil liability insurance or guarantee to register in the state Consumer registry in the first year.
RD 309/2020
€5 million
Minimum share capital of a financial credit establishment, which must be a public limited company (sociedad anónima).
Law 10/2010, art. 2.1.k
Obliged entity
Anyone who grants loans professionally without being an EFC must comply with anti-money laundering rules.
Directive (EU) 2023/2225
November 20, 2026
Date from which Member States must apply the new directive. Spain has not yet passed its law.
Shall we set up your lending company?
We review your lending model, your funds and your customers, and tell you what you need to start lending without risk.
Frequently asked questions
Starting a lending company: frequently asked questions
Do I need a license to lend money in Spain?
It depends on how you do it. Granting loans with your own funds is not generally a reserved activity, but taking repayable funds from the public can only be done by credit institutions (Law 10/2014), and real estate credit to consumers requires registration as a real estate lender (Law 5/2019). We explain it in lending without a license.
Do I have to register in any registry?
It depends on the product. If you grant mortgage-secured loans to consumers for housing, in the Bank of Spain registry or that of your autonomous community (Law 5/2019). If you grant other mortgage loans to consumers or intermediate credit, in the state Consumer registry under Law 2/2009, with insurance or a guarantee of €300,000 in the first year. According to the Ministry of Consumer Affairs, anyone who only grants personal loans without a mortgage guarantee generally does not have to register in it.
What obligations do I have if I lend to consumers?
Those of Law 16/2011: advertising with the APR (art. 9), standard pre-contractual information (art. 10), creditworthiness assessment (art. 14), a written contract with its minimum content (art. 16) and a 14-day right of withdrawal (art. 28), among others. We cover it in pre-contractual information.
What changes on November 20, 2026?
It is the date from which Member States must apply Directive (EU) 2023/2225, which requires authorization, registration and supervision of non-bank lenders (art. 37). Spain has not passed its law: the January 2026 draft bill did not reach the Cortes before they were dissolved (Royal Decree 806/2026), so Law 16/2011 remains in force. We summarize it in the consumer credit directive.
Can I fund myself with investors' money?
You can use shareholders' capital, loans from professional institutions or investors and, with the right vehicle, securities issuances. What you cannot do is take repayable funds from the public, because that is an activity reserved to credit institutions. We design it with you so you do not cross that line.
Is it better to use an S.L., an S.A. or an EFC?
A lending company that lends with its own funds can be an S.L. (limited liability company). If you need the supervised form, the financial credit establishment must be a public limited company (S.A.) with minimum capital of €5 million and Bank of Spain authorization (RD 309/2020). More in EFC license.
How much does it cost to set up a lending company?
It depends on the model: a business lending company is not the same as a real estate lender or an EFC. After the diagnosis, we give you a fixed quote by phase: company, registrations, contracts and anti-money laundering.
Practical guide
How we set up your lending company
First the model, then the company and registrations, and finally the product and compliance.
What and to whom
Product, customers, guarantees and funding sources.
Company and registrations
Corporate form, name and the registrations that apply.
Product and compliance
Contracts, pre-contractual information, creditworthiness and anti-money laundering.
Your lending company in 10 steps
- We define the product: amount, term, guarantees and type of customer.
- We identify the applicable regime: Law 16/2011, Law 5/2019, Law 2/2009 or EFC.
- We review where the funds will come from so that you do not take repayable funds from the public.
- We incorporate the company with a proper corporate purpose and name.
- We complete the registrations that apply and take out the insurance or guarantee if necessary.
- We draft contracts, pre-contractual information and an advertising policy.
- We design the creditworthiness assessment and the use of credit information files.
- We set up anti-money laundering compliance: manual, risk analysis and representative.
- We prepare the customer service and complaints handling.
- We leave you with a plan to adapt to the new consumer credit law.
Source: Law 16/2011, Law 5/2019, Law 2/2009, Law 10/2010, RD 309/2020 and Directive (EU) 2023/2225.
Working glossary
Key concepts for starting a lending company
Terms from Law 16/2011, Law 5/2019 and Directive (EU) 2023/2225.
LenderRole
Lender
Anyone who grants or undertakes to grant credit in the course of their commercial or professional activity.
Art. 2 of Law 16/2011.
EFCEntity
Financial credit establishment
Supervised entity that grants credit without being able to take deposits from the public.
Law 5/2015 and RD 309/2020.
Real estateRole
Real estate lender
Anyone who grants credit secured on real estate to consumers; must register.
Art. 42 of Law 5/2019.
REEIFRegistry
State Consumer registry
Registry of companies under Law 2/2009, with mandatory insurance or guarantee.
Arts. 3 and 7 of Law 2/2009.
SECCIDocument
Standard European Consumer Credit Information
Pre-contractual form given to the consumer before contracting.
Art. 10 of Law 16/2011.
CCD2Rule
Directive (EU) 2023/2225
New consumer credit directive; Spain has not yet transposed it.
Arts. 37 and 48.
Playbook
Which regime applies to you depending on your product
Personal loans to consumers, without a mortgage guarantee
Registry today: No specific registry, according to the Ministry of Consumer Affairs.
Key obligations: Law 16/2011 and anti-money laundering.
Home-secured loans to consumers
Registry today: Bank of Spain or autonomous community registry.
Key obligations: Law 5/2019: information, creditworthiness and notarial record.
Other mortgage loans to consumers or intermediation
Registry today: State Consumer registry under Law 2/2009.
Key obligations: Insurance or guarantee of €300,000 in the first year.
Loans to businesses
Registry today: No specific registry.
Key obligations: Contracts, guarantees and anti-money laundering.
Financial credit establishment
Registry today: Bank of Spain authorization and registry.
Key obligations: Capital of €5 million, supervision and solvency.
Common mistakes when starting a lending company
We see them in projects that start lending before sorting out the legal side.
- Taking money from individuals in order to lend it later.
- Using reserved words such as "bank" or "EFC" in the brand.
- Lending to consumers with contracts designed for businesses.
- Forgetting that a professional lender is an obliged entity for anti-money laundering purposes.
- Assuming that the new consumer credit law is already in force.
Contact
Book a call
Tell us what kind of loans you want to offer, to whom and with what funds, and we will prepare a tailored diagnosis and quote.
What the law says about starting a lending company in Spain
Updated November 4, 2026
In Spain, granting loans with your own funds is not, in general, a reserved activity. What is reserved to credit institutions is taking repayable funds from the public (Law 10/2014), and some names can only be used by banks and financial credit establishments.
If you lend to consumers
Law 16/2011 applies to any lender that grants credit to consumers in the course of its commercial or professional activity, with exclusions such as credits of less than €200 or interest-free ones (art. 3). If the loan is secured on a home, Law 5/2019 applies, which requires registration as a real estate lender (art. 42); we explain it here. Law 2/2009 and its state registry, with insurance or a guarantee, cover other mortgage loans to consumers and intermediation (credit intermediary).
The supervised form
The financial credit establishment is a public limited company authorized by the Bank of Spain, with minimum capital of €5 million (RD 309/2020), which can broaden its products and funding sources.
What is coming
Directive (EU) 2023/2225 requires lenders that are not credit institutions to be subject to authorization, registration and supervision (art. 37), and Member States must apply it from November 20, 2026. Spain has not passed its law: the January 2026 draft bill was not submitted to the Cortes before they were dissolved (Royal Decree 806/2026 of October 5). The draft provided for new categories such as the high-cost lender and the limited-scope EFC; the requirements will be known when the new Government presents the text.