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Banca March - Crecemos con valores, crecemos juntosLegal advice

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Customer service and customer ombudsman:

  • Order ECO/734/2004 of 11 March on customer-care departments and the ombudsman of financial institutions.
  • Order ECC/2502/2012 of November 16, which regulates the procedure for submitting claims to the claims services of the Bank of Spain, the Spanish National Securities Market Commission and the Directorate General of Insurance and Pension Funds.
  • Law 7/2017 of 2 November transposing into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes.
  • Law 44/2002 of 22 November on measures to reform the financial system, as amended by Law 2/2011 of 4 March on the sustainable economy.

Transparency of transactions and customer protection, and other consumer protection legislation:

  • Order EHA/2899/2011 of 28 October of the Ministry of Economy and Finance (B.O.E. of 29 October), on transparency and customer protection in banking services.
  • Bank of Spain Circular 5/2012 of 27 June to credit institutions and payment service providers on the transparency of banking services and responsibility in granting loans.
  • Law 22/2007 of 11 July on remote marketing of consumer financial services.
  • Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Law for the Protection of Consumers and Users and other additional legislation.

Advertising:

  • Order EHA/1718/2010 of 11 June on the regulation and control of the advertising of banking services and products,
  • Order EHA/1717/2010 of 11 June on the regulation and control of the advertising of investment services and products.
  • Circular 4/2020 of 26 June on the advertising of banking products and services
  • Circular 2/2020 of 28 October from the Spanish National Securities Market Commission on advertising of investment products and services.
  • Law 34/2002 of 11 July on information society services and electronic commerce.

Mortgage lending:

  • Law 5/2019 of 15 March, regulating real estate credit agreements.
  • Law 2/1994 of 30 March on subrogation and modification of mortgage loans.
  • Royal Decree-Law 2/2003 of 25 April on economic reform measures.
  • Royal Decree Law 6/2012 of 9 March on urgent measures for the protection of mortgage debtors without resources.
  • Royal Decree-Law 1/2017 of 20 January on urgent measures to protect consumers with regard to floor clauses.
  • Royal Decree 536/2017 of May 26, which creates and regulates the Monitoring, Control and Evaluation Commission provided for in Royal Decree-Law 1/2017 of January 20.
  • Royal Decree-Law 5/2017 of 17 March, amending Royal Decree-Law 6/2012 of 9 March on urgent measures for the protection of mortgage debtors without resources, and Law 1/2013 of 14 May on measures to reinforce the protection of mortgage debtors, debt restructuring and social renting.
  • Law 1/2013 of 14 May on measures to reinforce the protection of mortgage debtors, debt restructuring and social renting.
  • Law 2/2009 of 31 March, which regulates entering into mortgage loans or credits with consumers and intermediation services for the conclusion of loan or credit contracts (BOE of 1 April).
  • Law 41/2007 of 7 December, amending Law 2/1981 of 25 March on the Regulation of the Mortgage Market and other rules of the mortgage and financial system, on the regulation of reverse mortgages and dependency insurance, and which establishes certain tax rules.
  • Law 1/2012 of 26 March for the Protection of Consumers’ Rights through the Promotion of Transparency in Mortgage Contracting in the Community of Madrid.
  • Law 3/2016 of 9 June for the protection of the rights of consumers and users in contracting mortgage loans and credits on housing (Andalusia)

Consumer credit:

  • Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC.
  • Law 16/2011 of 24 June (B.O.E. of 25 June) on Consumer Credit Contracts.

General terms and conditions:

  • Law 7/1998 of 13 April 1998 on general contracting conditions.

Payment Services:

  • Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC.
  • Royal Decree-Law 19/2018 of 23 November on payment services and other urgent measures in financial matters.
  • Order ECE/1263/2019 of 26 December on transparency of conditions and information requirements for payment services.
  • Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009.
  • Law 2/2011 of 4 March on Sustainable Economy.
  • Royal Decree 736/2019 of 20 December on the legal regime of payment services and payment institutions.
  • Royal Decree-Law 19/2017 of 24 November on basic payment accounts, transfer of payment accounts and fee comparability
  • Order ECE/228/2019 of 28 February on basic payment accounts, payment account transfer procedure and comparison website requirements
  • Royal Decree 164/2019 of 22 March, establishing a free regime for basic payment accounts for the benefit of people in a vulnerable situation or at risk of financial exclusion.
  • Bank of Spain Circular 2/2019 of 29 March on the requirements of the Information Document on Fees and the Statement of Fees, and payment account comparison websites, and amending Circular 5/2012 of 27 June to credit institutions and payment service providers on the transparency of banking services and responsibility in lending.
  • Royal Decree-Law 11/2015 of 2 October to regulate fees for cash withdrawals from ATMs.

Investment Services:

  • Royal Legislative Decree 4/2015 of 23 October, approving the revised text of the Securities Market Law.
  • Royal Decree 217/2008 of 15 February on the legal regime for investment services companies and other entities providing investment services and partially amending the Regulations of Law 35/2003 of 4 November on Collective Investment Schemes, approved by Royal Decree 1309/2005 of 4 November.
  • Circular 7/2011 of 12 December from the Spanish National Securities Market Commission on tariff prospectus and content of standard contracts.
  • Royal Decree-Law 21/2017 of 29 December on urgent measures for the adaptation of Spanish law to European Union regulations on the securities market.
  • Royal Decree-Law 6/2013 of 22 March on the protection of holders of certain savings and investment products and other financial measures
  • Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive.
  • Order ECC/2316/2015 of 4 November on information obligations and classification of financial products.

Deposit Guarantee Fund:

  • Royal Decree-Law 16/2011 of 14 October, creating the Deposit Guarantee Fund for Credit Entities.
  • Royal Decree 628/2010 of 14 May, amending Royal Decree 2606/1996 of 20 December on deposit guarantee funds in credit institutions and Royal Decree 948/2001 of 3 August on investor compensation schemes.
  • Royal Decree 2606/1996 of 20 December 1996 on deposit guarantee funds for credit institutions (amended in part by Royal Decree 1012/2015 of 6 November).

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