Page 33 - MONACO LAW REVIEW 2025-2
P. 33
MONACO LAW REVIEW | DECEMBER 2025 | SPECIAL REPORT
In line with FATF recommendations, EU directives have
been adapted to new forms of money laundering. These
directives led Spain to adopt Law 19/1993 of 28 December on
certain preventive measures against money laundering, and
later Law 10/2010 of 28 April on the prevention of money
laundering and terrorist fi nancing, which consolidated
domestic regulation in this area and, following substantial
amendments, remains in force today.
Law 10/2010 identifi es notaries and registrars of the land,
commercial and movable property registers as obliged
entities, imposing signifi cant preventive duties on them, in
particular with regard to detecting and reporting suspicious
transactions. It also introduced the possibility of establishing
centralised prevention bodies for the liberal professions
subject to the law, which resulted in the creation of the
Centralised Prevention Centre for Money Laundering and
Terrorist Financing of the College of Land, Commercial and
Movable Property Registrars, operational since 16 March
2016. The centre is composed of three distinct units: analysis,
internal assessment and training.
Moreover, the fi fth EU Directive (EU) 2018/843 of 30 May
introduced major innovations in the prevention and fi ght
against money laundering, transposed in Spain by Royal
Decree-Law 7/2021. This decree-law provides (1) for the
creation of a public register within the Ministry of Justice,
centralising all information from the databases of the General
Council of Notaries and the Commercial Register, and
ensuring interconnection with other registers of the European
Union, and (2) for the establishment of an automated system
of centralised databases of payment accounts and bank
accounts, known as the “Financial Holder File”, expanding
the list of competent authorities authorised to access this
information.
Additionally, Law 9/2022 of 28 July sets out rules facilitating
the use of fi nancial information for the prevention, detection,
investigation and prosecution of criminal offences,
strengthening police and judicial cooperation to improve
access to and the exchange of fi nancial information.
In Spain, the fi ght against money laundering is guided by a
dual objective: preventing criminal activity by depriving it of
funds, and ensuring the soundness, integrity and stability of
the economic and fi nancial system.
31

