Spain - Country Commercial Guide
Trade Financing
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Methods of Payment

In general, foreign products are imported to Spain by an irrevocable letter of credit, but other forms of payment can be negotiated when a relationship has already been established between exporter and importer/distributor. 

Timely reimbursement is also covered by Spanish legislation. EU and Spanish legislation stipulate that payment conditions should fall within 30-, 60- or 90-day terms.  Nonetheless, large corporations (including large retailers) often impose longer payment terms of up to six months. The government may defer many payments - depending on the department, payments may be deferred up to one year.

The current repayment time allowed is:

  • Private companies up to 60 days,
  • Public administrations up to 30 days,
  • Public works up to 60 days.

The EU has a “Late Payment Directive” to combat payment delays, primarily dealing with the consequences of late payment. All commercial transactions within the EU, whether in the public or private sector, are covered by Directive 2011/7/EU. Transactions with consumers, however, do not fall within the scope of this directive. The directive entitles a seller who does not receive payment for goods or services within 30 days of the payment deadline to collect interest (at a rate of 8% above the European Central Bank rate) as well as €40 ($43.05) as compensation for recovery of costs. For business-to-business transactions, a 60-day period may be negotiated subject to conditions. The seller may also retain the title to goods until payment is completed and may claim full compensation for all recovery costs. 

The most common methods of payment for international trade are: 

  • Check (cheque): Bank checks guarantee secure transactions, while personal checks do not. Personal checks do not provide adequate guarantees against commercial risk because the bank does not guarantee the funds in the account of the issuer.
  • Payment order (orden de pago): Through a payment order to the bank in Spain, the importer pays the exporter’s bank the amount due by using a correspondent bank in the base country. The initiative for the payment in this case is the importer’s responsibility. These transfers, via SWIFT (Society for Worldwide Interbank Financial Telecommunications), are common in the Spanish banking system.
  • Documents against payment (remesa documentaria): Exporters use this instrument to ensure the possession of the merchandise until they have received payment or at least until the importer accepts a bill of exchange.
  • Documentary credit (crédito documentario): This enables safer transactions owing to the involvement of banks in both countries. In this case, the importer’s bank insures against the entry of a third party (an exporter, the bank or a correspondent bank).

Further counseling on international payment methods can also be obtained from U.S. Export Assistance Centers, the International Chamber of Commerce (ICC), local chambers of commerce, and at the U.S. Government Export Portal. The ICC also has a mechanism to settle disputes, Dispute Resolution Service.

While Spain remains an eligible market for ExIm Bank financing, given the availability of private sector financing, ExIm Bank is not as active in Western Europe as it is in developing economies.  ExIm financing is viable for projects where Spanish companies are procuring U.S. products destined for third country markets, such as Latin America.

For more information about the methods of payment or other trade finance options, please read the Trade Finance Guide.

Banking Systems

Spain’s expansive and modern financial system is fully integrated with international financial markets. The system includes credit, stock and money markets, and specific markets for derivatives.

The banking system is regulated by three entities, the Secretary General of Treasury and Financial Policy, the Directorate General of International Trade and Investments in the Ministry of Economy and Competitiveness, and the Bank of Spain. Spanish legislation on bank incorporations is regulated by Royal Decree 256/2013, dated April 12, 2013 (modifying previous Royal Decree 1245, dated July 14, 1995).  When looking to set up a branch or representative office in Spain, foreign banks that have already been authorized to operate in another EU member country do not need authorization from the Bank of Spain. Conditions of access to the Spanish financial system are the same for both Spanish and foreign companies.

The EU single market in banking and insurance services has changed the Spanish legal framework. Spain has adopted EU directives that regulate the equity and solvency ratio of credit institutions and Council directives on banking coordination. It has also adopted EU directives on the securities market and insurance services. As Spain is a member of the Eurozone, it lacks traditional monetary policy tools, for example, interest rates instead fluctuate in response to actions of the European Central Bank.

Spain has one of the largest banking branch networks in the Eurozone and finished the consolidation of its banking sector. During the last years, banks have significantly reduced the number of branches and become more digital.

The Ministry of Economy and Digital Transformation has additional information on relevant data on the Spanish financial sector and a special section on the status of the financial sector reform and international assessments.

According to the Bank of Spain, the following entities operate in the Spanish financial system:

  • Supervised institutions in Spain (243),
  • Credit institutions (189) (e.g., banks, savings banks, credit co-operatives, branch offices of foreign credit institutions),
  • Other institutions (51) (e.g., specialized lending institutions, electronic money institutions, payment institutions, mutual guarantee and re-guarantee companies, currency exchange establishments authorized to buy and sell foreign currency, valuation companies, company for the management of assets from the restructuring of the banking system, banking foundations, account information service providers),
  • Money market funds (3)
  • Central bank (1).

Source: Bank of Spain

Other credit entities:

  • Credit financial establishments specialize in asset products such as leasing, lending, factoring, and mortgage loans. They cannot take public deposits.
  • Instituto de Crédito Oficial (Institute for Official Credit or ICO) serves as the State’s finance agency and investment bank.
  • Investment institutions
  • Collective investment entities
  • Investment companies dealing in marketable securities and property assets.
  • Investment funds dealing in marketable securities, money market assets, property assets, mortgage securities, pension plans and funds.
  • Venture capital funds and companies

Brokers: 

  • Stockbroker companies and agencies
  • Banks, security management, and deposit companies
  • Insurance and re-insurance companies and insurance brokers

Spain has improved its investment and brokerage entities. Governing investment entities are required to provide financial reporting to the public and recognize new types of investment organizations such as venture capital funds and companies.

Money Market

The Bank of Spain bases Spain’s money market essentially on the issuance of short-term securities, taken up by banks, finance companies and money market operators. The Spanish money market has become increasingly important in recent years after the system was made more liberal and flexible. The government debt market is also important in Spain, and both residents and foreigners invest in it. For non-residents, tax arrangements for investments in these securities are quite favorable.

Credit Market

The Spanish credit market is structured around private banks, which use their funds to provide financing for the private sector. These banks also operate as investors and underwriters in the stock market since they are able to adjust their liquidity through inter-bank and money market transactions. Liberalization of capital movement within the EU has made it easier for Spanish companies to obtain financing from abroad.

Stock Market

IBEX 35 is the stock market index of the Bolsa de Madrid, Spain’s principal stock exchange. Bolsas y Mercados Españoles (BME) is the Spanish company that deals with the organizational aspects of the Spanish stock exchanges and financial markets, and includes the stock exchanges in Madrid, Barcelona, Bilbao, and Valencia.

The Spanish system of market regulation is based on a British or U.S. model. Spain has a single computerized and centralized continuous stock market that penalizes insider trading. The National Stock Exchange Commission, CNMV, supervises the system and cooperates in developing its regulations.

The competitive securities market has a three-day settlement system. Trading on credit is permitted, and hedging instruments, index, and warrant options are available. The government has enacted stricter and more comprehensive regulations regarding takeover bids. Other developments in Spain’s stock market include establishment of futures and options markets, plus an unofficial second market for trading in fixed-income assets. These advances have made the Spanish securities market safer and more transparent.

Pension Plans and Insurance Companies

Security investment funds and companies in Spain have recently increased. Employers, associations, and financial entities can promote pension plans. These plans include restrictions on use of funds before retirement, death or disability. Accumulated savings in pension plans may also be used in the event of long-duration unemployment or serious illness. Private insurance legislation, Law 30/1995, requires companies to formalize their pension plans with an external fund or insurance contract.

The life insurance market has also grown substantially in Spain. The government prohibits the sale of short-term survival insurance with low actuarial content. In recent years, international insurance companies have begun operating in Spain by forming subsidiaries and branch offices, or by purchasing existing companies. In general, the companies have attained profitable results and excellent market positions. The Government of Spain has reduced tax incentive related to pension plans in 2021.

Foreign Exchange Controls

Some aspects of key legislation on foreign transactions (Royal Decree 1816/1991 with updated on October 08, 2011) include:

  • Safeguard clauses - Under exceptional circumstances, this law authorizes the Spanish government to prohibit or limit certain financial transactions with non-residents if the transactions affect Spanish interests, or if they affect measures adopted by international bodies of which Spain is a member. The Ministry of Economy or the Council of Ministers may invoke these safeguards if necessary.
  • Documenting transactions - For statistical purposes, banks must document money transactions.
  • Declaration to the Bank of Spain - Notification must be given to the Bank of Spain when certain transactions occur between residents and non-residents. These transactions may include:
    • financing and deferral of payments and receipts for over a year,
    • offsets of credits and debits on commercial and financial transactions, or
    • financial loans received from non-residents.
  • Prior notification - This regulation requires prior notification for the export of coins, bank notes and bearer checks, in either local or foreign currency, to non-EU countries for amounts of more than €10,000 ($10,530 at average 2022 exchange rate) per person, per trip. Prior notification is also required for quantities of more than €10,000 ($10,530) coming into Spain. Prior administrative authorization is required for the export of coins, bank notes, and bearer checks, in either local or foreign currency, for amounts over €10,000 ($10,530) per person, per trip.
  • Bank accounts - Non-resident individuals and companies can maintain bank accounts in Spain and do so under the same conditions as residents. The only requirement to have a bank account is documentation of non-resident status. For exchange control purposes, residents are individuals who live in Spain, companies with registered offices in Spain, branches or subsidiaries of foreign companies, or resident individuals living abroad.    

U.S. Banks & Local Correspondent Banks

U.S. Banks in Spain: Of the U.S. banks listed below; none offer retail-banking services.

JPMorgan Chase Bank National Association, Branch in Spain

Paseo de la Castellana, 31
28046 Madrid
Tel: (+34) 915 161 200; Fax: (+34) 915 161 616

 

Representative Offices

BNY Mellon
Calle de José Abascal, 45, Planta 4
280030 Madrid
Tel: (+34) 911 775 120

Fax: (+34) 913 192 247

 

BBVA  
International Department
Calle Azul, 4
28050 Madrid
Tel: (+34) 913 743 000

Fax: (+34) 913 747 197

 

Banco Santander
Central International Division
Ciudad Grupo Santander
Calle Partenón
Boadilla del Monte
28660 Madrid
Tel: (+34) 912 894 866

 

CaixaBank

International Division 
Calle Pintor Sorolla, 2-4
46002 Valencia
Tel: (+34) 900 323 232

For additional information, visit the U.S. Department of State Investment Climate Statements.