How to Open a Crypto Business in Spain
Spain has transformed its legal system from an area with an unclear status of digital assets into one of the most structured markets in the European Union. With the official implementation of the MiCA (Markets in Crypto-Assets) Regulation, the rules for conducting business have become fully transparent, and control mechanisms have been automated.
Today, operating with virtual assets requires mandatory state authorization. This is a legal requirement for integration into Europe’s financial ecosystem and for gaining access to traditional banking services.
Below, based on an analysis of preparation stages and regulatory checks, we will examine how to open a crypto business in Spain in 2026.
Advantages of Starting a Crypto Business in Spain
Spain is one of the EU leaders in the development of digital asset infrastructure. As of 2026, there are at least 275 crypto ATMs operating in the country. For businesses, this means access to a progressive community and a clear path to legalization.
Among the key advantages of registering in the Spanish jurisdiction are:
- Single European passport. The obtained license allows scaling services across all 27 EU member states through the passporting mechanism. This eliminates the need for re-licensing in each country of operation.
- Cooperation with the banking sector. Major banks (Santander, BBVA) open accounts for crypto companies that have successfully passed authorization and confirmed the legitimacy of their capital.
- Remote setup. Company formation and license application submission can be carried out remotely based on a notarized power of attorney.
- Integration into IT clusters. The ecosystems of Madrid, Barcelona, and Málaga provide access to developers, security architects, and compliance specialists.
- Eligibility for EU grants. Participation in subsidy programs (e.g., Horizon Europe) and access to preferential financing from the Spanish agency CDTI.
- Simplified relocation. Fast residence permits for teams through startup visas and digital nomad visas. This enables meeting substance requirements efficiently.
Spain is also actively developing regulatory sandboxes. Thanks to them, innovative projects can test their solutions under direct regulatory supervision before full market entry.
Legal and Regulatory Framework for Crypto Activities in Spain
The transformation of the sector began with a shift from simplified registration with the Bank of Spain to full supervision under the European regulation framework. As of 2026, the legal framework is based on Law 6/2023 on Securities Markets and Investment Services, which finally established the status of digital assets and the powers of state authorities.
A central role in this system is played by the National Securities Market Commission (CNMV). It supervises not only financial performance but also the actual operational activities of companies through the following instruments:
- Capital supervision. Regular verification of the actual availability and legal origin of company funds.
- Risk management system audits. Assessment of mechanisms for protecting client assets and the resilience of IT infrastructure in accordance with the DORA (Digital Operational Resilience Act) regulation.
- Advertising control. According to CNMV Circular 1/2022, companies must notify the regulator of large-scale advertising campaigns (reaching more than 100,000 people) at least 10 working days before they begin.
- Prevention of unfair marketing practices. It is prohibited to use tools that guarantee returns without mentioning risks. Any attempt to mislead clients is subject to administrative penalties.
Understanding these nuances will help you figure out how to open a crypto business in Spain without unnecessary risks and confidently develop it in the European market. If the rules seem complex, you can always consult experienced lawyers at Lawrange.
CASP as a Key Element of Crypto Regulation
The CASP (Crypto-Asset Service Provider) status is a universal designation for providers of crypto-asset services. It includes almost all participants: exchanges, wallet operators, investment advisors, and others.
Previously, companies operated under VASP (Virtual Asset Service Provider) rules, but today the European regulation sets the standards. The transition to the new system has fundamentally changed business opportunities:
| Old Regime (VASP) | New Regime (CASP under MiCA) | |
| Geography of operation | Limited to the country of registration (in this case, Spain) | Covers the entire EU (license passporting) |
| Regulator | Primarily the Bank of Spain | CNMV |
| Capital requirements | Often not strictly defined | €50,000 to €150,000 |
| Cybersecurity | General recommendations | Strict DORA regulation |
| Banking trust | Low (due to vague rules) | High (thanks to transparent EU standards) |
As can be seen from the comparison, the transition to MiCA standards has transformed a crypto company from a local service into a full-fledged European financial institution. Despite more complex procedures, CASP status allows operations across all EU countries, which was previously impossible.
How Crypto Company Registration Changed After MiCA Implementation
Before MiCA came into force, companies were registered in the VASP register of the Bank of Spain. Currently, this mechanism has been replaced by a more in-depth authorization process under new standards. The main direction of change is absolute transparency and focus on the following aspects:
- Verification of beneficiaries (UBO) and management. A Fit and Proper assessment is required for shareholders with 10%+ ownership and top management. Proof of good reputation is required (no criminal records or bankruptcies) as well as at least 3 years of experience in fintech or banking for executives.
- Source of capital. Documentary proof of Source of Wealth and Source of Funds is required. The legality of investments must be demonstrated through tax declarations, audit reports, or asset sale agreements with a transparent transaction chain.
- Physical presence. A real office in Spain is mandatory, as well as residency of key personnel (director, AML officer). Project management and data storage must be localized within Spanish jurisdiction.
- Cybersecurity and DORA compliance. Strict adherence to digital resilience standards: implementation of ICT protection protocols, regular external penetration testing, and audits of cloud provider security. Critical vulnerabilities may lead to license revocation.
Companies must demonstrate that their technical infrastructure can handle high loads and is protected from external interference. This eliminates the possibility for projects with opaque funding or weak security protocols to operate.
Step-by-Step Process of Launching a Crypto Business in Spain
How to obtain a crypto license in Spain? For a legal start, it is necessary to go through five main stages. Practice shows that most refusals are related not to the business model itself, but to procedural errors and incorrectly prepared documentation.
Do not waste time correcting mistakes. It is better to delegate legal preparation to our lawyers. We guarantee full compliance of your business with local requirements and MiCA standards.
Determining the Business Model
At this stage, the list of services is defined and the minimum share capital is calculated in accordance with MiCA. For advisory projects, the entry threshold is €50,000; for custodians and exchange services – €125,000; and for trading platform operators – €150,000. These funds must be fully paid in and blocked in the account for the entire authorization period.
Establishment of a Legal Entity
The process begins with the incorporation of a legal entity in the form of Sociedad de Responsabilidad Limitada (S.L.). For this, the founders must obtain identification numbers (NIE) and reserve a unique name in the Commercial Register.
The company registration in Spain is completed by notarizing the incorporation deed and opening a corporate account to deposit the share capital. Note that the bank’s preliminary business check (Pre-check) for crypto projects takes from 3 to 5 weeks.
Development of Internal Policies (AML/KYC)
It is necessary to prepare transaction monitoring procedures in accordance with Law 10/2010. The regulator requires confirmation of integration with:
- automated verification systems (for example, Sumsub or Onfido);
- blockchain analytics tools (Chainalysis or Crystal).
The policies must include clear protocols for storing client data and algorithms for blocking suspicious transactions.
Appointment of Responsible Persons
The company must have at least one director who is a tax resident of Spain. An AML officer is also appointed, who must be registered with SEPBLAC (financial intelligence unit). The regulator conducts a “Fit and Proper Test,” verifying the presence of relevant education and at least 3 years of work experience in the financial or fintech sector.
Submission of Documents for Licensing
After completing corporate procedures, a licensing file is prepared for submission to the CNMV. It includes a business plan with financial forecasts for three years, a description of the IT infrastructure, and security protocols.
Order a consultation
A CASP license in Spain is issued only after an audit of all submitted data. The application review period averages 3–6 months (depending on the complexity of the model and the speed of responses to additional requests from the regulator).
Interested in how to register a crypto business in Spain quickly and reliably? The best way is to secure professional legal support in advance. Submit a request for a consultation if you are ready to discuss the details.
What Types of Crypto Activities Are Permitted
In Spain, types of crypto business are strictly divided under MiCA rules. This eliminates any uncertainty, as each service has a clear description and its own boundaries of responsibility.
When submitting an application, it is important to immediately and accurately choose the functions of your platform. This choice will determine not only the amount of capital, but also the list of reports that will have to be regularly submitted to the CNMV.
| MiCA Service Categories | Description of Activities |
| Custodial Services | Secure storage and administration of crypto-assets or access means to them on behalf of clients. |
| Exchange Operations | Direct exchange of cryptocurrency to fiat (euro) and back, as well as conversion between different digital assets. |
| Trading Platform Operation | Operation of trading platforms (exchanges) where users can trade assets with each other. |
| Financial Advisory | Provision of personal recommendations on forming a crypto portfolio and investment strategies. |
| Transfer of Assets | Transfer of crypto-assets from one address to another on the client’s instruction. |
| Portfolio Management | Making investment decisions and managing a client’s asset portfolio under a mandate. |
| Reception and Transmission of Orders | Acting as an intermediary: collecting client orders and placing them for execution on third-party platforms. |
| Placement of Assets (Placement) | Assisting issuing companies in bringing new tokens to the market and distributing them among investors. |
Such a system allows developing a project gradually. You can start with simple advisory services and then expand the license by adding asset exchange or exchange management as the business grows.
The main thing to remember: each new direction requires updating the security system. The regulator must be confident that when expanding functions, the protection of clients’ keys and wallets will remain at the highest level.
Banking Infrastructure and Work with Financial Institutions
At present, the largest banks in Spain, such as Santander and BBVA, have become much more loyal to crypto businesses. They themselves are developing blockchain projects, so they now understand how to verify such companies and what to require from them.
However, opening an account is still not easy. It is necessary to prove to the bank that you operate legally by providing:
- a copy of a valid license or official confirmation that the application has been accepted by the regulator;
- documentary proof of the legality of the sources of capital formation;
- data on ultimate beneficial owners (UBO).
Without an account in a local bank, you will not be able to accept payments in euros and fully work with regular clients.
How to launch a crypto business in Spain if large banks seem too cumbersome? In that case, it makes sense to use an alternative option – digital neobanks and payment systems (EMI). They verify documents faster, integrate more easily with websites via API, and therefore are quite popular among startups at the launch stage.
Tax Features of Crypto Business in Spain
The taxation system for technology companies offers flexible conditions, especially at the start. The main tax paid by a company is corporate income tax (Impuesto sobre Sociedades):
- The standard rate in Spain is 25%.
- For new companies, a benefit applies: during the first two years when the project begins to generate profit, the rate is reduced to 15%. Thus, the business recovers investments faster and reinvests funds into development.
In matters of VAT, the legislation relies on European practice. The operations of exchanging cryptocurrency for euros (and vice versa) are not subject to VAT. They are equated to standard currency exchange operations.
However, additional services are taxable:
- Fees for providing analytical software or trading signals are subject to VAT at a rate of 21%.
- Rental of server capacity and technical support also fall under the standard rate.
Even if there are few transactions per month, the company is obliged to record each transaction. This is necessary so that the tax authority can at any time verify and confirm the corporate tax base.
On the positive side, expenses can be legally reduced. If your project invests in research and development (R&D) or implements innovative IT solutions, you may qualify for significant benefits and incentives from the state.
Project Implementation Timeline and Main Costs
The period from the start of registration to making the first legal transaction takes on average from 6 to 10 months.
The cost of project implementation is calculated individually for each client. This is because the final amount depends on many variables:
- the chosen class of license and the corresponding share capital;
- the scope of legal preparation (development of individual AML/KYC policies and technical documentation);
- the complexity of the corporate structure and the number of founders;
- expenses for maintaining a local office with qualified staff;
- conducting a mandatory technical audit of the IT infrastructure.
Would you like to know how to launch a crypto business in Spain and how much it will cost? Schedule a consultation with our specialists to receive a calculation.
Regulatory Risks and Limitations
We have figured out how to establish a crypto project in Spain from scratch, the license application has been submitted — what comes next? After launch, the business falls under constant state supervision. Here is what you should be prepared for:
- Unscheduled CNMV audits. The regulator practices “real-time supervision,” requesting reports without prior notice. If the asset storage system fails or data is provided with delays, the license may be suspended immediately until the circumstances are clarified.
- Technical complexity of the Travel Rule. Each transaction must be accompanied by data about the sender and the recipient. The main risk here is technical: it is necessary to implement expensive communication protocols that will seamlessly interact with the systems of other exchanges worldwide.
- Sanctions from SEPBLAC. Even if you operate across Europe, you will still be accountable to Spanish authorities for the cleanliness of transfers. Errors in client verification may lead to fines that are sometimes comparable to the company’s annual turnover.
- Cybersecurity under the DORA standard. The regulation requires businesses to maintain absolute cyber resilience. Detection of a critical vulnerability in the IT environment is equated to a violation of license conditions, even if no actual breach has occurred.
To avoid sanctions and minimize other risks, it is definitely not advisable to rely on manual checks. It is better to implement automated compliance systems. They block suspicious operations at the stage of their creation, preventing “dirty” transactions from entering official registers.
Legal Assistance from Lawrange
Launching a crypto business in Spain requires attentiveness and deep adaptation of the project to the requirements of the CNMV. The Lawrange team has been building fintech structures for more than 10 years that pass regulatory review on the first attempt.
By cooperating with us, you receive:
- Guaranteed compliance: we analyze AML/KYC regulations and security policies for compliance with MiCA and DORA standards.
- Direct representation: we conduct negotiations and submit documents to the CNMV until CASP status is obtained.
- Staff preparation: we conduct background audits of executives and provide support for the professional compliance test (Fit and Proper Test).
- Banking readiness: we create a transparent corporate structure that is accepted by European banks and investors.
- Technical audit: we determine whether your IT infrastructure complies with strict EU cyber resilience standards.
Order a consultation
Do you not know how to register a crypto business in Spain? Book a consultation with a Lawrange lawyer – we will discuss the architecture, specifics, timelines, and cost of launching the project.
Conclusions
The decision to obtain a crypto license in Spain is a forward-looking step and access to the entire EU market. Yes, the requirements have become stricter, but the rules are now more transparent. Honest business only benefits from this, as it is better protected from unjustified inspections and unreasonable risks.
With legal status, it is much easier to establish cooperation with banks and expand the project to other countries. Therefore, the license becomes a tool for the growth and scaling of the legal entity.
For a successful start, it is important to prepare documentation in advance and set up a security system. Do you need legal support? Submit a request for a consultation with a manager. Our lawyer will contact you and explain how to establish a crypto project in Spain.
FAQ
Is it mandatory to obtain a license for a crypto business in Spain?
Yes, any activity related to the exchange, storage, or management of digital assets on behalf of third parties requires CASP authorization. Conducting such activities without a license is a serious violation of the law and entails administrative and criminal liability.
Can a non-resident open a crypto company?
Foreign citizens have full rights to act as founders and owners of Spanish companies. However, to comply with the requirements of the actual presence of the business in the country, it is necessary to appoint a director who is a resident of Spain and to rent a real office space.
How long does it take to launch a crypto business?
Project implementation takes on average 6–10 months. Most of the time is spent on the review of the licensing file by the state regulator and the execution of banking compliance procedures.