8. Legislation on foreign investment and exchange control regulations
8. LEGISLATION ON FOREIGN INVESTMENT AND EXCHANGE CONTROL REGULATIONS
This section covers the main aspects of the Spanish legislation on exchange control and foreign
investments. Although these areas are fully liberalized, there are specific reporting obligations to be
accomplished.
As a general rule, foreign investments are subject only to notification after the investment has been
made. Exchange controls and capital movements are fully liberalized and in all areas there is
complete freedom of action.
8.1 Legislation on foreign investment
Royal Decree 664/1999 deregulated practically all transactions of this kind (with the provisions and
exceptions set forth below), eliminating the requirement for "prior verification" and adapting
Spanish domestic law to the rules on the freedom of movement of capital contained in Articles 56 et
seq. of the Treaty of the European Union.
The most noteworthy aspects of the applicable rules are as follows:
· Foreign investments are, as a general rule, subject only to notification after the investment has
been made. The only exceptions are: (i) Investments from tax havens, which in general must be
notified beforehand (DP-1 form), and (ii) foreign investments in activities directly related to
national security, and real estate investments for diplomatic missions by States that are not
members of the European Union and require "prior verification" from the Spanish Council of
Ministers.
· There is no obligation for foreign investments to be formalized in the presence of a Spanish notary
public (unless specific legislation provides otherwise).
· Solely investments in the air transportation and radio industries, in industries relating to minerals
and raw mineral materials of strategic interest and mining rights, in the television, gaming,
telecommunications and private security industries, in industries concerned with the
manufacturing, marketing or distributing of arms and explosives for civilian use, and in national
security-related activities (these latter activities are subject to the clearance rules contained in the
Royal Decree), will be subject to the requirements imposed by the relevant body established by
industry-specific legislation.
8.1.1. Investors
Investors can be:
· Non-resident individuals (that is, Spanish nationals or foreigners domiciled abroad, or who have
their principal place of residence there).
· Legal entities whose registered offices are located abroad.
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