Banking Supervision
Legal basis
Since 1962, different legal provisions have attributed supervisory powers over banks and their consolidated groups to the Banco de España.
At present, the basic scope of the Banco de España's banking supervision responsibilities can be found under:
| Regulation | Art. | Scope | Content |
|---|---|---|---|
Law 13/1994, of 1 June, of Autonomy of the Banco de España  (?) |
7.6 | Credit institutions, other entities and markets | Attributes the function of supervising credit institutions to the Banco de España and envisages the possibility that other laws will give it further powers. |
|
Law 26/1988, of 29 July, of Discipline and Intervention of Credit Institutions (190 KB) |
43 bis | Credit institutions | The BE is made responsible for overseeing and inspecting credit institutions and their consolidated groups. This power extends to any branch office in or outside Spain and, insofar as necessary, to group companies. The powers of the BE over the branches of Community institutions operating in Spain is limited to reviewing their liquidity and checking their compliance with rules adopted in the interest of the general good. |
| Mortgage market | The BE is made responsible for overseeing and inspecting the mortgage market. | ||
|
Law 31/1985, of 2 August. Regulation of basic rules on governing bodies of savings banks (99 KB) |
9.2 | Credit institutions | The BE is given powers to analyse non-financial institutions controlled by banking groups, in order to determine their impact on the economic and financial position of the group. It can also analyse companies, to determine whether they should be consolidated with the economic group of the credit institution. |
| 12.2 | Credit institutions | The Banco de España. is made responsible for supervising the prudential rules relating to certain non-consolidated mixed groups (normally those whose parent company is a credit institution) | |
Ley 24/1988, de 28 de julio, del Mercado de Valores  |
88 | Public debt market. Banks securities market activities | The BE is empowered to supervise and inspect all the account holders and management entities of the public debt market, as well as the activities of credit institutions connected with the securities market. In all cases in which the powers of the BE and of the CNMV overlap, these two supervisory institutions shall coordinate their activities on the basis that effective supervision of the solvency of the institutions concerned falls to the institution that keeps the register while the functioning of the securities market is the CNMV’s responsibility. |
|
Ley 3/1994, de 14 de abril, de Adaptación de la Legislación Española en Materia de Entidades de Crédito a la Segunda Directiva de Coordinación Bancaria |
A.P. 10. | Valuers | The BE is given the task of inspecting and sanctioning appraisal companies. |
|
Ley 1/1994, de 11 de marzo, de Régimen Jurídico de las Sociedades de Garantía Recíproca |
66 | Mutual guarantee companies. Reguarantee companies | The BE is made responsible for overseeing and inspecting mutual guarantee companies and reguarantee companies. |
|
Ley 13/1996, de 30 de diciembre, de Medidas Fiscales, Administrativas y del Orden Social |
48 | Currency exchange bureaux | The BE is made responsible for supervising and overseeing currency-exchange bureaux. |
