The collective of property registrars, mercantiles and movable property have seen, in recent years, their position, in relation to the functions of prevention of money laundering and the financing of terrorism, has changed deeply.

According to the legislation in force until April 2010, the registrars of the property, mercantiles and real estate were only obliged to comply with the duty of collaboration imposed on all authority and the official, consisting of informing the Executive Service of the Commission on the Prevention of Money Laundering and Monetary Offences (Executive Service of the Commission) of the facts that they had knowledge in the exercise of their function, which may constitute an indication or certainty of money laundering.

This situation changes radically with the enactment of Law 10/2010, of April 28, which includes in its article 2.1.n) to the registrars of the property, mercantiles and of movable goods as a new category of subjects required.

This condition determines the attribution of a series of preventive obligations that each of the registrars of the property, mercantiles and of movable property is obliged to fulfill to individual title. However, the Law 10/2010 of 28 April, in its article 27, states that, by Order of the Minister of Economy and Finance, currently, Minister of Economy and Competitiveness, the constitution of centralized organs can be agreed prevention of the collegiate professions subject to that law. Subsequently, Article 44 of the Regulation of Law 10/2010 of 28 April, approved by Royal Decree 304/2014 of 5 May, determined what the powers that correspond to the centralized prevention bodies were to be.

The creation of centralised prevention bodies aims to intensify and enhance the collaboration of the collegiate professions with the judicial, police and administrative authorities, allowing for a higher level of specialization in these tasks within the collective of obligated subjects.

In this way a double objective is achieved. On the one hand, the individual subjects of the preventive regulation are provided with compliance, having a specialized organ in charge of administrative or procedural functions, which also channels the Suspicious operational communications that the registrars refer to. On the other hand, the creation of such central bodies is also a mechanism that benefits the homogeneity of the measures implemented by the collective in order to comply with the provisions laid down in Law 10/2010 of 28 April, and the regulation of Law 10/2010 of 28 April on the prevention of money laundering and the financing of terrorism, adopted by Royal Decree 304/2014 of 5 May, avoiding potential divergent interpretations of the scope and meaning of the obligations.

In addition, this same specialization determines an improvement in the quality of the information received by the authorities and an acceleration in the remission of requested information.

The order is dictated by the regulatory enablement contained in article 27.1 of Law 10/2010, of 28 April, under which the Minister of Economy and Competitiveness, prior to the implementation of the legal procedures It may agree to the establishment of centralised prevention bodies of the collegiate professions subject to the obligations laid down in that law.

The order has been submitted to the report of the vowels of the Commission on the Prevention of Money Laundering and Monetary Violations, in accordance with the provisions of Article 44.2 (k) of Law 10/2010, of 28 April, as well as the previous report of the Spanish Data Protection Agency, in accordance with Article 37.1 (h) of the Organic Law 15/1999 of 13 December, the Protection of Personal Data and Article 5 (b) of the Statute of the Agency Spanish de Protección de Datos, approved by Royal Decree 428/1993, of March 26.

In its virtue, according to the State Council, I have:

Article 1. Scope of application.

This order will apply to all registrars of the property, commercial and movable property of Spain (the registrars), who must follow the procedures and requirements in it established to comply with the obligations contained in Law 10/2010 of 28 April on the prevention of money laundering and the financing of terrorism, and the Regulation of Law 10/2010 of 28 April on the prevention of money laundering and the financing of the terrorism, approved by Royal Decree 304/2014 of 5 May.

Article 2. Centralized Body for the Prevention of Money Laundering and the Financing of Terrorism from the College of Registrars of Property, Mercantile and Furniture.

The College of Registrars of Property, Mercantile and Furniture (College of Registrars) will be a centralized prevention organ with the function of promoting and channeling the collaboration of the registrars with the judicial, police and administrative authorities, in accordance with the provisions of Article 27 of Law 10/2010, of 28 April.

Article 3. Incorporation to the Centralized Body of Prevention of the College of the Registrars of the property, mercantiles and of movable property.

The approval of this order will result in automatic incorporation into the centralized prevention organ of all registrars.

Article 4. Director of the Center for the Prevention of the College of the Registrar of Property, Commercial and Furniture.

1. The Governing Board of the College of Registrar shall appoint a director of the centralised prevention body. The management of the centralised prevention body shall be carried out by a person who fulfils the conditions of technical and professional experience in the prevention of money laundering and the financing of terrorism. suitable for the performance of the position. For these purposes, it shall have specific training and experience of at least five years in the field of money laundering and terrorist financing. In addition, the provisions that, in the field of high ethical standards, set out in Article 40 of the Regulation of Law 10/2010, of April 28, will apply.

2. The Director of the centralised body of prevention, in accordance with the provisions of Article 27 of Law 10/2010 of 28 April, will hold the status of representative to the Executive Service of the Commission for the Prevention of Blanking. Monetary and monetary offences (Commission's Executive Service). For these purposes, the proposal for the appointment of a representative, accompanied by a detailed description of his career, shall be communicated to the Executive Service of the Commission, which may, in a reasoned opinion, make any objections or comments.

Article 5. Special examination of operations.

1. The centralised prevention body shall examine with particular attention those operational in which the circumstances laid down in Article 17 of Law 10/2010 of 28 April, referred for analysis by the registrars or otherwise, are met. directly detected by the Centralized Prevention Body, through the processing of the information contained in the registry databases.

For the purpose of the proper performance of the analysis function, registrars shall provide the centralised prevention body with any information required by them for the exercise of their examination function.

2. The centralised prevention body shall, for a period of 10 years, maintain a detailed record of all operations which have been the subject of special examination, documenting the stages of the analysis, the steps taken and the sources of internal and external information consulted, including information regarding the decision on whether or not the operation is to be communicated and its causes.

Article 6. Communication of operations.

1. If, following the examination referred to in the previous Article, there are indications or certainty that the fact or operation is linked to money laundering or terrorist financing, the Director of the centralised prevention body shall communicate in writing the operation to the Executive Service of the Commission, in the name and on behalf of the registrar who has referred it for analysis, where appropriate.

2. Communications made to the Commission's Executive Service shall, in any event, contain the information set out in Article 18.2 of Law 10/2010 of 28 April, indicating, in addition, the data for the identification of the registrar or Intervening registrars.

3. The communication of operations to the Commission's Executive Service shall be carried out in a telematic manner, without prejudice to the use of other media where necessary. The communication system used shall ensure the full confidentiality and integrity of the information transmitted.

Article 7. Risk analysis.

1. The centralised prevention body shall carry out the analysis of the risks which, in the area of money laundering and terrorist financing, shall be carried out by the activity carried out by the collegiate officials.

This risk analysis shall be in writing, including the identification and assessment of risks in the light of the characteristics of the interveners, the geographical areas concerned and the types of acts or operations concerned.

2. The risk analysis, which shall be reviewed periodically to ensure its validity, shall be the basis on which the internal control procedures applicable by the collegiate officials and the centralised body of the European Union are designed. prevention.

Article 8. Manual of procedures.

1. The centralised prevention body shall draw up and keep up to date the Manual of Procedures for the Prevention of Money Laundering and the Financing of Terrorism aimed at ensuring compliance by the registrars of their obligations in this field and the minimum content of which shall be in accordance with Article 33 of the Regulation of Law 10/2010 of 28 April.

2. The manual of procedures must be approved by the Board of Governors of the College of Registrars, which will ensure, through the centralized organ of prevention, that they apply the manual referred to in their professional activity.

3. The updated procedures manual should always be accessible for use and consultation on the part of all the officials incorporated and the staff dependent on them.

Article 9. Training.

The centralised prevention body will organise, in accordance with the approved annual plan, training, face-to-face or telematic actions, aimed at registrars and their staff, and focused on the knowledge of legal obligations. in force, as well as the internal procedures put in place to comply with those procedures.

These training processes should have a system of evaluation of the use by the recipients.

Article 10. Monitoring.

Without prejudice to the powers of the Executive Service of the Commission, in matters of monitoring compliance with the obligations of Law 10/2010 of 28 April, and its implementing rules, the centralised body of prevention shall carry out inspection actions with respect to the officials incorporated, in accordance with the terms laid down in Article 44.2.i) of the Regulation of Law 10/2010 of 28 April.

For these purposes, the Board of Directors of the College of Registrars shall approve annually the monitoring plan, which shall be structured in accordance with risk criteria.

The approved plan will be submitted to the Commission's Executive Service.

Article 11. Duty of confidentiality.

The registrars and the members of the centralised prevention body shall not disclose, at the request of the Commission, the provision of information to the Commission's Executive Service, or the applicant for registration or third parties, or the conduct of a suspicious operational communication or the fact that the special examination process is being carried out.

For these purposes, internal procedures should establish agile communication mechanisms between the registrars and the centralised prevention body and the latter with the Commission's Executive Service, enabling the exchange of information with appropriate confidentiality.

Article 12. Enforcement of restrictive measures and international financial sanctions.

1. Prohibitions on disposal affecting movable and immovable property, adopted pursuant to European Union rules of direct application in the countries of the European Union or agreed by the Council of Ministers, pursuant to Article 42 of Law 10/2010 of 28 April, will be recorded in the corresponding registers, by note to the margin of the registration of the domain, expressing the origin and content of the prohibition.

The validity of the marginal note will be the one indicated for the prohibition to have in the disposition or agreement under which it has been practiced and, in default of time, its duration will be indeterminate, being cancelled when the name the registrant disappears from the list given under the European Union regulation or where the Council of Ministers has so requested.

2. The centralised prevention body shall regularly check the lists of natural and legal persons, contained in the European Union regulations referred to in paragraph 1, by matching them with the registered databases.

If it is found that any of the names examined appears as the holder of the registered goods, it shall inform the competent Registry so that, where appropriate, it shall record it in accordance with paragraph 1, or for its cancellation, if the name of the list has been dropped from the list.

The same communication will be made regarding the agreements of the Council of Ministers, both for the practice and for the cancellation of the marginal note, without prejudice to its publication in the "Official Gazette of the State".

3. The Registry shall inform the centralised body of prevention of the seats in practice or its impossibility, for the purpose of its communication to the General Subdirectorate for the Inspection and Control of Capital Movements and Monetary Violations.

Article 13. Responsible and in charge of the processing of data files.

The centralized organ of prevention will hold, with respect to the files of data created for compliance with the provisions of Law 10/2010, of April 28, and in its regulations of development, the condition of in accordance with the provisions of Article 32.4 of the aforementioned law, and for the purposes provided for in Organic Law 15/1999 of 13 December on the Protection of Personal Data.

To these same effects, it will have the status of the controller, in the terms resulting from article 44.6 of the Law of the Development of Law 10/2010, of April 28.

Final disposition first. Enablement.

The General Secretariat of the Treasury and Financial Policy is enabled to issue Instructions for the implementation of the provisions in this order.

Final disposition second. Entry into force.

This order shall enter into force four months after its publication in the "Official State Gazette".

Madrid, November 11, 2015. -Minister of Economy and Competitiveness, Luis de Guindos Jurado.