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Property & Public Contracting

Spain will take steps to ensure transparency of the ownership and control of all companies involved in property purchase and public contracting

Country: Spain

Status: ongoing

Themes: Beneficial ownership

Last updated: December 2020

Classification:

Concrete: Somewhat Concrete | New: Not New | Ambitious: Ambitious

  • 4 Evidence:

    Law 9/2017, of November 8, on Public Sector Contracts, by which the Directives of the European Parliament and of the Council 2014/23 / EU and 2014/24 / EU, of February 26, are transposed into the Spanish legal system 2014

    The FATF highlights the role of the notarial system in the fight against money laundering

    What does the Government think about the Registry of Real Owners ?: Quick point to a parliamentary response

    Commitment 4 as outlined by the Spanish Government - Relevant Databases and Registers

  • 3 Notes:

    1) we are is still waiting for the V, VI D Transponsition and 2) the Base de Datos de Titularidad Real is only available if you have an agreement with the Consejo General del Notariado. Book IV establishes an ambitious scheme of three collegiate bodies at the state level with the dual objective of complying with the governance obligations established by the Community Directives and of combating irregularities in the application of legislation on public procurement.

    Regarding the ongoing status and in the express terms of the commitment: if the government has set up this governance scheme and publish/disclose their activity and surveillance data this indicator should be complete. If government comply with one of this two points, it has to be reflected on the report/tracker. Another thing is the fact that this scheme is not working suitably or the level of (in)effectiveness of the law, this would be on another indicator/commitment about compliance, enforcement and implementation of the law in this regard.

    Peer reviewer: 1

    Updated: October 31, 2020

    Spain has a Beneficial Ownership registry and data is not open to everyone yet can be requested and will be released if there is legitimate reason to request it. However, Spain has transposed the 5th AMLD of the EU, which will lead to the creation of a unified open registry.

    Updated: April 30, 2020

    October 2018 update: "The access to the Database of Real Holder (BDTR) allows knowing the final beneficiary or real owner of the participations of a Spanish company, independently of the operation that is going to be carried out.

Spain's Commitments
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