Due diligence and KYC
No. The agent's compliance obligation is original and independent, and is not replaced by a later notarial or tax review.
The misconception is common and consequential: because the notary and gestoría will handle the deed later anyway, your own check looks like duplication. It isn't — the obligation falls on the agent as a sujeto obligado and is neither replaced nor discharged by a later review carried out by another obliged entity.
In practice this means identification, UBO determination, sanctions and PEP screening, and the documentation of all of it must sit in your own file. Pointing out that the notary "does that anyway" is not a record when an inspection comes.
Legal basis: Ley 10/2010, Art. 2.1(l), Art. 3
Practical tip: This assumption is among the typical mistakes of offices working in foreign languages — usually alongside the other one, that an office operating internationally with foreign clients falls outside Spanish law. Both lead to the same place: a file that proves nothing when it is examined.
AI-assisted tools were used in preparing these FAQs; the content was subsequently reviewed and approved by the Doxario editorial team. They reflect the general state of the law as at the review date shown and do not constitute individual legal or tax advice. To assess your own case — particularly where complex structures are involved (offshore companies, trusts, foundations, communities of heirs) or where the new EU rules leave room for doubt — we recommend consulting a lawyer specialising in Spanish anti-money-laundering law and, on tax questions, a tax adviser. Doxario is a deal management and compliance platform for estate agents in Spain, operated by Blue Pepper S.L.; we therefore have an economic interest in the solutions described in these FAQs. Doxario accepts no liability for decisions taken solely on the basis of these FAQs.
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