Royal Decree-Law 7/2021 enters into force, by which a significant number of matters are modified, among others, competition law, prevention of money laundering, tax measures and consumer defense, modifications of which we want to highlight the following:
I.- Modification of Law 10/2012, of April 28, on the prevention of money laundering and terrorist financing.
The list of obliged subjects is expanded, extending it to those people who:
(i) are professionally engaged in agency, commission or brokerage activities in real estate leases that involve a transaction for a total annual income equal to or greater than 120,000 euros or a monthly income equal to or greater than 10,000 euros.
(ii) undertake to provide, directly or indirectly, material assistance, assistance or advice in tax matters as a main business or professional activity.
(iii) act as intermediaries in the trade of objects of art or antiques, and the persons who store or trade in objects of art or antiques or act as intermediaries in the trade of objects of art or antiques when they carry it out in free ports.
Likewise, it is added to the virtual currency exchange service providers for fiduciary currency and the custody of electronic purses.
Registration of providers of virtual currency exchange services for fiduciary currency and of custody of electronic wallets:
After the corresponding regulatory development, these service providers must be registered in the registry set up for this purpose at the Bank of Spain, as well as:
a) The natural persons who provide these services, when the base, the address or the management of these activities are located in Spain, regardless of the location of the recipients of the service.
b) Legal entities established in Spain that provide these services, regardless of the location of the recipients.
Failure to register will be considered a very serious infringement, and may incur, among other consequences, fines of at least 150,000 Euros.
Access to the Registry of Real Ownership:
After the corresponding regulatory development, access will be allowed, but exclusively to the data consisting of the name and surname, month and year of birth, country of residence and nationality of the current real owners of a legal person or entity or structure without legal personality, as well as the nature of that beneficial ownership, in particular, whether it is due to the control of the property or that of the management body thereof.
Access to the information available in the Registry will require the payment of the corresponding fee and the prior identification of the applicant, the accreditation of the condition in which access is requested and, in the case of information on trust-type trusts, the demonstration of a legitimate interest by individuals in their knowledge, in the terms established by regulation. In certain situations, expressly regulated, the Registry of Real Ownership may deny access to the information.