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Banking and Finance Lawyers in Spain
English speaking legal advice to individuals and companies specializing in banking litigation
Banking and financial decisions can have significant consequences for assets, liquidity or the continuity of a business. At Pellicer & Heredia, our banking and finance lawyers advise individuals and companies on financing transactions, banking contracts, financial products, debt restructuring and compliance with applicable regulations.
When a problem arises with a financial institution, we analyse the documentation, identify any potential irregularities and define the most appropriate strategy to protect your interests. Our aim is to ensure that you understand your options from the outset and can make informed decisions, whether to prevent risks or to claim amounts improperly charged or damages resulting from improper banking practices.
Reviewed by Pedro Heredia Ortiz, International Business Lawyer at Pellicer & Heredia.
- Bar Association No. 5954
- Languages: English and Spanish
- Last updated: August 2026
Do you have a dispute with a bank or financial institution?
Our banking and finance lawyers will review your documentation, identify any potential irregularities and clearly explain the options available to protect your interests. Tell us about your situation and we will help you assess the legal options available.
Key information about our service
Who we advise
Individuals, self-employed professionals, companies, investors and international clients with banking matters in Spain.
Main areas of practice
Contracts, claims, payment services, financing, refinancing, guarantees, financial products and litigation
First step
Analysis of the contract, transactions, communications and the legal position of each party.
Prior claim
Where appropriate, a written complaint is submitted to the institution’s Customer Service Department or Customer Ombudsman.
Response time of the institution
15 business days for payment services; one month for consumers; two months for non-consumers.
Competent authority
Bank of Spain, CNMV, Directorate-General for Insurance and Pension Funds, or another competent authority, depending on the product and the institution.
Judicial proceedings
It is considered when negotiation or the prior claim does not resolve the dispute, or when judicial protection is necessary.
Service availability
In-person in Alicante and remotely for matters in Spain, with multilingual support for international clients.
Legal advice on banking transactions and disputes
Banking and finance law governs the relationships between clients, companies, banks, payment institutions, intermediaries and investment service providers. A loan agreement, a guarantee, a disputed transfer or a refinancing arrangement can have significant financial consequences for years. For this reason, legal advice is valuable both when a dispute has already arisen and before taking on an obligation.
At Pellicer & Heredia, we analyse the documentation, identify the applicable regulations and design a strategy tailored to the product, the client’s status as a consumer or professional, and the stage of the matter. Our aim is to ensure that every decision is made with clear information, a realistic assessment of the risks and a defined roadmap.
What does banking law cover?
Banking law focuses on the activities of credit institutions and the contracts they enter into with individuals and businesses. It includes loans, credit facilities, accounts, cards, transfers, mortgages, personal guarantees, fees, security arrangements, and claim or enforcement procedures. It also covers the transparency, information and good-practice obligations that institutions must comply with in their relationships with clients.
What does financial law cover?
Financial law, in the context of this professional practice, covers the legal structure of financing transactions and certain financial services or instruments. It may involve reviewing contracts, pre-contractual information, guarantees, investment documentation, conduct obligations and potential liability for breach or mis-selling.
Legal and investment advice
Our work on this page is legal in nature. We review whether a contract is valid, transparent and balanced, whether the institution fulfilled its information obligations, and whether there are risks, breaches or grounds for a claim. We do not provide personalised recommendations on which product to buy, sell or hold, as this must be provided by authorised professionals and institutions where required by law.
Banking Lawyers for Individuals
Disputes with a financial institution often involve extensive documentation, technical information and deadlines that are not always obvious. We analyse each case individually to determine whether it is appropriate to make a claim, negotiate, request a correction, refer the matter to the competent supervisory authority or initiate legal proceedings.
Our analysis is focused on determining liability and identifying potential avenues for claims. It does not involve recommending the purchase or sale of a financial instrument.
Claims against banks and payment institutions
We prepare claims relating to improper charges, fees, contractual breaches, lack of information, unjustified account blocks, and problems involving accounts, cards, transfers or other banking services. Where the applicable regulations require a prior complaint, we draft the submission to the institution’s Customer Service Department and organise the documentation so that the facts, amounts and request are clearly supported.
If the response is negative or is not received within the applicable deadline, we assess whether to submit a complaint to the Bank of Spain or another competent authority. The Bank of Spain’s report is not binding, so we also consider whether it may help facilitate an agreement or support a broader litigation strategy.
Unfair terms and lack of transparency
We review terms that were not individually negotiated to determine whether they were incorporated clearly, whether the client was able to understand their economic and legal implications, and whether they create an imbalance contrary to good faith. The invalidity of a clause does not depend solely on whether it is costly: it requires an assessment of the contract, the information provided, the circumstances surrounding its signature and the applicable regulations.
Where the matter specifically concerns mortgage expenses, IRPH, floor clauses or other consumer claims, we link the case to our specialised banking claims service to avoid duplicating procedures and to focus the necessary evidence.
Unauthorised payment transactions and banking fraud
Transfers, card payments, direct debits and access to digital banking require swift action. We assess whether the transaction was genuinely authorised, how it was authenticated, when it was reported to the institution, what alerts were triggered and whether the bank applied the required security measures. Royal Decree-law 19/2018 provides, subject to the relevant legal exceptions, for the refund of unauthorised transactions and gives importance to evidence of authentication and the conduct of the parties.
Keep messages, emails, screenshots, call logs, police reports, account statements and any communications with the institution. Do not erase the device or respond to further contacts from the supposed bank without first verifying their identity.
Mis-sold financial products and investments
We analyse documentation relating to bonds, shares, derivatives, structured products, investment insurance and other instruments where there may have been a lack of information, an inadequate appropriateness or suitability assessment, insufficient risk warnings, or a mismatch between the product and the client’s profile. Securities market regulations and CNMV criteria require each transaction to be assessed in light of the type of service provided and the information available at the time of contracting.
Personal guarantees, security interests, enforcement and bank debt
Before signing a personal guarantee or other form of security, it is important to understand its scope, duration, events of default, the powers granted to the institution and the potential consequences for personal assets. If the debt has already fallen due, we review the settlement, interest, guarantees, communications and enforcement proceedings to assess possible opposition, negotiation, refinancing or payment arrangements.
Mortgages and real estate credit
In real estate credit agreements, we review the pre-contractual information, interest rate, fees, linked products, guarantees, events of early repayment and the costs of amendment or cancellation. For a full audit, comparison of offers or refinancing, users can visit our dedicated mortgage review page.
Banking and financial advice for businesses
Companies need a legal perspective that connects financing with operations, cash flow, guarantees and directors’ obligations. We advise from the initial negotiation through to the amendment, refinancing, claim or enforcement of the contract, coordinating the matter with our corporate, tax and insolvency teams where necessary.
Business financing and credit facilities
We advise on loans, credit facilities, asset finance, working capital, acquisitions and projects. We review the proposed structure, the legal cost of the obligations, events of default, representations and warranties, information obligations and termination rights. The aim is to ensure that the financing is compatible with the reality of the business and does not introduce disproportionate or insufficiently visible risks.
Negotiation and review of financing agreements
We analyse letters of intent, term sheets, loan agreements, amendments, guarantees and ancillary documents. We identify clauses that may restrict the company’s activities, require prior authorisations, trigger cross-default provisions or impose financial obligations that are difficult to meet. We also support negotiations with the institution and coordinate signing and subsequent compliance.
Refinancing and debt restructuring
When a company needs to extend repayment terms, change interest rates, reorganise guarantees or consolidate debt, we assess its contractual and negotiating position before presenting a proposal to creditors. Refinancing should not be assessed solely on the basis of an immediate reduction in instalments: the total cost, new guarantees, waivers, covenants and default scenarios must also be compared.
If there are serious cash flow difficulties, actual insolvency or a likelihood of insolvency, we coordinate the strategy with our restructuring and insolvency team to assess the mechanisms available under insolvency legislation.
Guarantees and security packages
We review mortgages, pledges, personal guarantees, corporate guarantees, assignments of receivables and other forms of security. We analyse which obligations are covered, when the security can be enforced, which assets are affected, and what limits or release mechanisms can be negotiated. In transactions involving multiple lenders, we pay particular attention to priority of payment and relationships between creditors.
Disputes, defaults and enforcement
We represent companies in disputes involving contractual interpretation, interest calculations, credit drawdowns, fees, early termination, enforcement of guarantees or breaches of contractual obligations. We prioritise negotiation where it can preserve business operations and reduce costs, without ruling out judicial or arbitration proceedings when required to protect the client’s interests.
Financial regulatory compliance and anti-money laundering
Certain companies and professionals have specific obligations regarding the prevention of money laundering and terrorist financing. Where the client is an obliged entity, we review the compliance framework, due diligence procedures, identification of the beneficial owner, internal policies, record-keeping requirements and the relationship with the representative before SEPBLAC, coordinating with any technical professionals required by the case.
International financing and documentation
Cross-border transactions may involve foreign entities, guarantees over assets located in different countries, documentation in several languages, and rules on jurisdiction or applicable law. We coordinate the review of the Spanish contract and, where necessary, work with financial advisers in other jurisdictions to avoid inconsistencies between documents and ensure that the guarantees can be enforced coherently.
Contracts and transactions we can review
The scope is tailored to the nature of the transaction and the client’s position. The most common documents include:
Loans and credit facilities
Amount, interest, fees, availability, repayment, maturity, obligations and events of default.
Mortgages and security interests
Assets affected, liability, valuation, enforcement, cancellation and relationship with the principal obligation.
Personal guarantees and sureties
Scope, joint and several liability, duration, waivers, limits, enforcement and release.
Amendments and refinancing
Total cost, new repayment terms, additional guarantees, acknowledgement of debt and waivers.
Factoring, confirming and assignment of receivables
Ownership, recourse, exceptions, notification, debtor insolvency and liabilities.
Leasing and asset finance
Ownership, use, maintenance, insurance, purchase option, termination and penalties.
Payment services and fintech
Authorisation, authentication, liability, blocking, execution of orders and data protection.
Investment documentation
Information on risks, appropriateness or suitability tests, orders, conflicts of interest and conduct obligations.
How we handle a banking or financial matter
Each case requires its own strategy, but the process usually follows these stages:
Step 1 - Initial analysis and definition of the objective
We identify the contract, the parties, the financial situation, the loss suffered and the outcome sought.
Step 2 - Document review and chronology
We organise contracts, annexes, statements, communications, recordings and transactions to reconstruct the facts and identify gaps in the evidence.
Step 3 - Legal and regulatory framework
We determine the applicable regulations, whether the client is acting as a consumer or professional, the competent supervisory authority, the relevant deadlines and the available alternatives.
Step 4 - Negotiation or prior claim
We draft the proposal, formal request or claim to the institution, with a specific and quantified request where possible.
Step 5 - Supervisory, judicial or arbitration proceedings
If no satisfactory solution is reached, we assess whether to submit a claim to the competent authority, initiate legal proceedings, oppose enforcement or pursue the appropriate dispute resolution mechanism.
Step 6 - Agreement, enforcement and follow-up
We review the agreement or decision, monitor compliance and coordinate any subsequent actions.
What documentation do we need to assess the case?
The exact documentation depends on the product, but we usually request:
- Main agreement, deed, policy or accession document and all its annexes.
- Pre-contractual information, offers, simulations, standardised information sheets and tests carried out before entering into the contract.
- Statements, receipts, settlements, amortisation schedules and proof of payments or fees.
- Emails, letters, messages, recordings and communications with the institution or intermediary.
- Claims already submitted and responses from the Customer Service Department, the Bank of Spain, the CNMV or another authority.
- For fraud-related matters: screenshots, messages, phone numbers, call logs, police reports and device data.
- For companies: accounts, cash flow forecasts, related contracts, guarantees and a complete list of lenders.
- Any agreement, amendment, acknowledgement of debt, withdrawal or waiver signed subsequently.
Common mistakes that can weaken your position
Having our advice from the outset allows you to anticipate risks, review each document before signing it, and define a coherent strategy with the financial institution. Preventive action can avoid some of these decisions that compromise your rights, hinder a future claim, or unnecessarily increase the cost of a transaction.
Signing a novation or agreement without reviewing the waivers
A reduction in the payment or a partial refund may include an acknowledgment of debt, new guarantees, or a waiver of legal action. The document should be analyzed in its entirety, not just for the immediate benefit.
Waiting too long to organize the documentation
The timeframes depend on the type of action, the contract, the date of the event, and the applicable case law. Even if you haven't yet decided to file a claim, it's advisable to preserve the documentation and seek advice before evidence is lost or a dispute arises regarding the statute of limitations or expiration.
Consider a bank of Spain report binding
The Bank of Spain report may be favorable and useful for negotiation, but it does not obligate the institution or supersede a court ruling. The strategy should anticipate what to do if the bank does not rectify the situation.
Automatically apply consumer protection to a company
Companies and professionals cannot always invoke the same rules as a consumer. It is necessary to review the purpose of the contract, the negotiation process, transparency, good faith, and the general framework of obligations and contracts.
Evaluate refinancing solely based on the new monthly payment
The monthly reduction may come with a longer term, higher interest rates, additional guarantees, or operational restrictions. The total cost and the risks of default must be compared.
Delete messages or alter the device after fraud
Digital communications and records can be essential. Preserve the content, change credentials from a secure device, inform the institution, and keep a copy of all actions taken.
Banking advice for international clients with interests in Spain
We advise clients who live outside Spain, receive income in another currency, hold accounts in several countries or need to sign, negotiate or bring a claim against a Spanish financial institution. We manage the case remotely, explain the documentation in clear and understandable language and assess the use of powers of attorney when the client does not need to travel to Spain.
When a banking matter has corporate, tax, real estate or inheritance implications, we coordinate the work with the relevant departments within the firm. This integrated approach is particularly useful for expatriates, investors and companies with operations between Spain and other countries.
Why choose Pellicer & Heredia?
- Established experience. The firm has more than 20 years of experience providing legal advice to individuals, businesses and international clients.
- Preventive and litigation-focused approach. We can intervene before signing, during negotiations or when the dispute already requires a formal claim or litigation.
- Multidisciplinary approach. We coordinate banking law matters with our commercial lawyers, tax, real estate, litigation and restructuring lawyers whenever the case requires it.
- Multilingual support. We facilitate communication with international clients and the management of international documentation.
- Clear explanations. We translate complex contracts and technical risks into clear, understandable decisions, without promising outcomes or relying on generic formulas.
- Document-based strategy. Each recommendation is based on the contract, the available evidence, the applicable regulations and the client’s actual objective.
Frequently Asked Questions
What does a banking lawyer do?
A banking lawyer reviews contracts and transactions involving banks, payment institutions and other financial service providers. They can advise before signing to identify risks, during financing or refinancing negotiations, and after a breach to submit claims, negotiate settlements or represent the client in court.
Their work includes analysing loans, accounts, cards, transfers, guarantees, mortgages, fees and information obligations. The strategy varies depending on whether the client is a consumer, self-employed professional or company, and on whether the product is supervised by the Bank of Spain, the CNMV or another authority.
What is the difference between banking law and financial law?
- Banking law primarily deals with the activities of credit institutions and with contracts such as accounts, loans, mortgages, cards, transfers, personal guarantees and other forms of security.
- Financial law is broader and may cover the legal structure of financing transactions, investment services, financial instruments, and conduct or transparency obligations.
In practice, the two areas overlap. The key difference for the client is identifying the contract, the institution and the competent supervisory authority. A lawyer can review the legality and risks of the product, but personalised investment recommendations must be provided by authorised professionals where required by law.
When is it advisable to hire a banking lawyer?
It is advisable to seek legal advice before signing a significant financing agreement, a guarantee, an amendment or a refinancing agreement; when fees or conditions arise that are not fully understood; if there is a disputed payment transaction; or when the institution threatens to terminate the agreement or enforce guarantees.
It is also advisable to act early if a company anticipates cash flow difficulties. An early review helps preserve evidence, compare alternatives and avoid unnecessary waivers. There is no need to wait until the dispute reaches court before consulting a lawyer.
Can I make a claim directly to my bank without a lawyer?
Yes. A client can submit a complaint directly to the institution’s Customer Service Department or Customer Ombudsman. However, the complaint should clearly identify the facts, include the relevant documentation and set out a clear request.
Legal assistance can be useful when the contract is complex, several transactions are involved, significant amounts are at stake, the authorisation of a payment is disputed, or it may be necessary to refer the matter to a supervisory authority or the courts. Submitting an incomplete or contradictory claim can make the subsequent strategy more difficult.
How long does the bank have to respond to a complaint?
The deadline depends on the subject matter and the type of client. According to the current information provided by the Bank of Spain, the institution has 15 business days to respond to complaints relating to payment services, such as cards, accounts, transfers or direct debits.
For other complaints, the deadline is one month when the client is a consumer and two months when the client does not have that status. If the institution rejects the complaint, accepts it only in part or fails to respond within the applicable deadline, it may be appropriate to refer the matter to the competent authority or pursue judicial proceedings.
Does the Bank of Spain’s decision bind the bank?
No. The Bank of Spain issues a technical report on transparency and good banking practices, but that report is not binding on either the client or the institution. It may encourage a correction or settlement and can be useful in clarifying the facts, but it does not replace a court judgment.
In addition, the Bank of Spain does not resolve every dispute: it does not deal with matters outside its jurisdiction or decide issues that can only be resolved by the courts. For this reason, before submitting a complaint it is advisable to define the objective being pursued and the steps to be taken if the bank does not accept the position set out in the report.
Where can I make a claim about a mis-sold investment product?
A complaint should normally first be submitted to the Customer Service Department of the institution that provided the service. If the response is not satisfactory or the applicable deadline expires, the matter may be referred to the CNMV Complaints Service where it concerns investment services or securities markets.
The viability of a claim depends on the documentation, the type of service, the risk information provided, the appropriateness or suitability tests and the client’s experience. The CNMV does not replace the courts and cannot itself award binding compensation.
What is considered an unfair term in a banking contract?
In consumer contracts, a non-negotiated term may be considered unfair when, contrary to good faith, it creates a significant imbalance between the rights and obligations of the parties. The terms must also be clear, understandable and accessible.
Not every unfavourable term is automatically unfair: the product, the information provided, the circumstances surrounding the agreement and the contract as a whole must be assessed. If a term is declared unfair, it may be void and treated as if it had never been included, provided that the contract can continue to exist without it.
Can an unauthorised transfer or card payment be claimed?
A claim may be made when the client states that they did not authorise the transaction, but it is necessary to assess how the transaction was authenticated, when it was reported, what security measures were applied and whether fraud or gross negligence was involved.
Royal Decree-law 19/2018 establishes specific rules for unauthorised transactions and provides for immediate reimbursement, subject to the relevant legal exceptions. Act quickly: block the payment methods, change your credentials from a secure device, inform the institution, keep messages and records, and file a police report where appropriate. Do not delete digital evidence before receiving legal advice.
Can a company make a claim regarding banking terms or conditions?
Yes, a company can make a claim for breaches of contract, calculation errors, failure to incorporate terms, breaches of good faith, contractual interpretation issues or incorrect enforcement of guarantees.
However, a company or professional does not always have consumer status and cannot automatically rely on all consumer protection rules. The strategy must be based on the contract, the actual negotiation, transparency, the Spanish Civil Code, the Commercial Code and the specific financial regulations. This is why it is important from the outset to identify who entered into the contract, for what purpose and in what context.
Can a lawyer negotiate a refinancing agreement with the bank?
Yes. A lawyer can review the debt, guarantees and contracts, prepare a proposal, negotiate repayment terms, interest rates, grace periods, the release of guarantees or new conditions, and document the agreement.
Refinancing should be assessed based on its total cost and not solely on the monthly instalment. For companies, we also review covenants, cross-default provisions, information obligations and the effects on directors or group companies. If there is actual or probable insolvency, the negotiation should be coordinated with restructuring specialists to avoid decisions that could worsen the situation.
What documents do I need for an initial assessment?
The contract or deed, annexes, pre-contractual information, statements, receipts, settlements and communications with the institution are essential. You should also provide any previous claims, responses, subsequent agreements, amendments and any signed documents.
In cases of banking fraud, keep screenshots, messages, phone numbers, emails, call logs, police reports and device data. For business financing, also provide guarantees, accounts, cash flow forecasts and related contracts. A brief chronology including dates, amounts and the people involved can help identify the priority issues quickly.
How long does a banking claim take?
There is no single timeframe. The internal complaints process with the institution may take 15 business days, one month or two months, depending on the subject matter and the type of client.
A complaint to the Bank of Spain may take up to 90 days from the date the file is complete for consumers, while negotiations or court proceedings depend on the complexity of the case, the evidence, the workload of the relevant body and the institution’s approach. At the initial assessment stage, it is important to distinguish between the legal timeframe for each procedure and the likely time needed to achieve an effective outcome.
Can I manage a banking matter in Spain if I live abroad?
Yes. Many matters can be handled by videoconference and through the secure exchange of documentation. A lawyer can review contracts governed by Spanish law, submit claims, negotiate with the institution and coordinate procedural actions.
For certain procedures, a power of attorney or the in-person involvement of other professionals may be required. For international clients, we also review translation requirements, the applicable law, jurisdiction and coordination with advisers in the client’s country of residence when the transaction or guarantee involves cross-border elements.
How much does it cost to hire a banking lawyer?
The cost depends on the volume of documentation, the amount involved, the urgency, the stage of the matter and whether the engagement includes negotiation, a complaint before a supervisory authority or court proceedings. Before starting, the firm should define the scope of the work and provide a fee proposal.
In some litigation matters, fees may include a fixed component, a variable component or additional costs for a court representative, expert witness and court fees where applicable. It is not advisable to publish a single price for all matters, as a preventive contract review and a complex claim require very different levels of work.
Request a legal assessment of your case
Tell us what happened, which institution or contract is involved and what stage the matter is currently at. We will review the initial information to let you know what documentation we need and what type of legal action may be appropriate.