Law 9/2015, Of 16 July, Amending The Law 6/2015, 15 January, The Reserve Fund Of Retirement

Original Language Title: Llei 9/2015, del 16 de juliol, de modificació de la Llei 6/2015, del 15 de gener, del Fons de reserva de jubilació

Read the untranslated law here: https://www.bopa.ad/bopa/027057/Pagines/CGL20150730_13_06_57.aspx

CGL20150730_13_06_57 law 9/2015, of 16 July, amending the law 6/2015, 15 January, the Reserve Fund of retirement law 9/2015, of 16 July, amending the law 6/2015, 15 January, the Reserve Fund of retirement since the General Council in its session of July 16th, 2015 has approved the following : Law 9/2015, of 16 July, amending the law 6/2015, 15 January, the Reserve Fund of retirement preamble The law 6/2015, 15 January, the retirement Reserve Fund complies with the second final provision of the law 17/2008, of the social security system, and the Reserve Fund of retirement as an entity of public law , with its own legal personality and assets, and with full capacity to act. So that on 12 February 2015, the date on which it came into force the law 6/2015, was made up of the Reserve Fund for retirement and started the process foreseen by the law to give it its organs of Government and their heritage, that part of the heritage of the Caixa Andorrana de Seguretat Social.
The transitional provisions of the law 6/2015 govern the procedures to be followed in the transfer and change of ownership, in favor of the Reserve Fund of retirement, of all the assets of the balance sheet of the Caixa Andorrana de Seguretat Social corresponding to the consideration of the available reserves and reserve fund frozen retirement branch but these provisions pose some practical problems in connection with the temporary aspect of the transfer, so it has seemed necessary to provide them with greater precision and, together, about execution times larger, in order to give legal certainty to the transfer mentioned.
The amendments that have now been approved does not involve any change in the law, but only a conceptual instrumental and technical extension of the regulation of the transitional period and the procedure to be followed in the transfer of assets from the reserve fund available frozen and retirement branch of the Caixa Andorrana de Seguretat Social in favor of retirement reserve fund , with the object of regulating and facilitating the tools and mechanisms necessary to conclude satisfactorily the whole process.
At the same time, and with the aim of limiting the tax costs, establishes the non-subjection of the real property transfer operations of the Caixa Andorrana de Seguretat Social retirement reserve fund to any of the taxes that would normally record the transfer of real estate and notary fees reduction; It also establishes the non-subject to the IGI leases or deliveries of goods and the rendering of services that are carried out later between the two public entities.
Article 1. Adding a point 6 in paragraph 4 of article 23 of the law adds a point 6 in paragraph 4 of article 23 of the law 6/2015, 15 January, the Reserve Fund of retirement, which is worded as follows: "4.6. The body of the award should be ordered in the OFFICIAL GAZETTE of the publication of the name of the successful tenderer. "
Article 2. Modification of the second transitional provision modifies the second transitional provision of law 6/2015, 15 January, the reserve fund retirement, which happens to have the following wording: "second transitional provision 1. The change of ownership of the assets of the Caixa Andorrana de Seguretat Social described in paragraph 1 of the article 19 of this law that form the initial heritage reserve fund must be carried out within the financial year that ends on December 31, 2015. Irrespective of the date of completion, the change of ownership has effect from January 1, 2016.
2. The transfer of assets is done evaluating, initial form, at the market price and on March 31, 2015, all assets subject to transfer. The values that are not traded on regulated markets and other assets are valued for their estimated value of realisation or value likely to negotiation, making prevail prudence criteria. The valuation of financial assets is held by the depositories of the same assets. The General intervention of the State monitors the outcome of evaluations and gives the go-ahead to the global amount of the transfer. For this oversight the intervention has a period of 60 calendar days counting from the moment that the Caixa Andorrana de Seguretat Social notify the assessment.
3. In any case, the valuation of the assets must be carried out according to the provisions of article 30 of the law.
4. Once the General intervention of the State has given the go-ahead to the result of the evaluations and the overall amount of the transfer, the Caixa Andorrana de Seguretat Social accompanied the transfer of assets to fund retirement reserve fund. The formalization of the transfer must be made within the deadline established in paragraph 1 of this transitional provision.
Formalized the transfer of assets, the Caixa Andorrana de Seguretat Social must deliver to the General intervention of the State, for information purposes, a report of the value of the assets on the date of signing of the change of ownership, which has to make sense, when it is the case, the changes that have occurred between the value attributed to the assets listed on March 31, 2015 and the value of these assets on the date of signing of the change of ownership. "
Article 3. Modification of the third transitional provision adds a paragraph 4 to the third transitional provision of the law 6/2015, 15 January, the Reserve Fund of retirement, with the following text: "4. The managing Commission has six months from the receipt of the response to assess the information provided by the entities that manage and deposit and to draft conclusions on the same entities. If the conclusions of the managing Commission it is clear that any managing or deposit does not comply with the requirements and the characteristics required in the articles 33 and 35 of this law, the Management Committee decides which institutions and/or dipositàries have to assume the management and/or the dipositaria in accordance with the provisions of this law. Temporarily and up to a maximum of 18 months, the Management Committee can keep these assets in the company to replace or in other institutions or dipositàries, despite that exceed the limits established in article 32 of this law. "
Article 4. Adding a fourth transitional provision is added to the Act 6/2015, 15 January, the Reserve Fund of a new retirement fourth transitional provision, with the following text:

"The fourth transitory provision 1. Until 31 December 2015, the management of the assets that will go beyond the Reserve Fund of retirement follows the following rules: a) While not been formed the Management Committee, the Board of Directors of the Reserve Fund of retirement take management decisions on assets and gives the relevant instructions to the Board of Directors of the Caixa Andorrana de Seguretat Social , which is responsible for running them.
b) made up of the managing Commission, is that body who gives the instructions for the management of assets of the retirement reserve fund to the Board of Directors of the Caixa Andorrana de Seguretat Social, because this last one the run.
2. In any of the cases referred to in the preceding paragraph, apply to the management of the investment policy principles and criteria established by the fourth chapter of this law. "
Article 5. Adding a fifth transitional provision is added to the Act 6/2015, 15 January, the reserve fund retirement, a new fifth transitional provision, with the following text: "fifth transitional provision during the year ending on December 31, 2015, the expenses generated by the retirement reserve fund are financed with charge to the credits of the program" Reserve Fund "in the budget of the Caixa Andorrana de Seguretat Social. The Caixa Andorrana de Seguretat Social manages these costs and the corresponding payments, following, where appropriate, the instructions of the Board of Directors of the Reserve Fund and retirement of the managing Commission of the Reserve Fund of retirement.
For the purpose of dealing with the costs generated during the year 2015 as a result of compliance with the provisions of this law, the credits of the program "Reserve Fund" in the budget of the Caixa Andorrana de Seguretat Social have the character of expandable. "
First additional provision. Tax benefits in the transfer of real estate 1. The real estate transfers made within the framework of the process of transfer of ownership of the assets of the Caixa Andorrana de Seguretat Social retirement reserve fund are not subject to the property transfer tax, in the indirect tax of patrimonial transmissions, nor to the tax on capital gains on the transfer of real estate.
2. rendering of services made by the notaries of the Principality of Andorra in the process of change of ownership of the assets of the Caixa Andorrana de Seguretat Social in favor of retirement reserve fund are not subject to indirect tax.
Second additional provision. Notary fees for The transfer of the ownership of the properties of the Caixa Andorrana de Seguretat Social in favor of reserve fund of retirement you will benefit from a reduction of 80% of the notary fees.
First final provision. Modification of the law 11/2012, of 21 June, general indirect tax is added a new section, number 19, to article 6 of law 11/2012, of 21 June, general indirect tax, with the following content: 19. The delivery of the goods, the lease of real property and services appellants jobs made each other between the Caixa Andorrana de Seguretat Social and retirement reserve funds.
Second final provision. Consolidated text of the law 17/2008, social security is the Government entrusted with the preparation of a consolidated text of the articles of the law 17/2008, of 3 October, social security, with all changes, additions and derogacions introduced later by law 25/2011, from 29 December; by law 9/2013, of 23 may; by the law 18/2014, July 24, and by law 6/2015, the 15th of January. The text must be approved and released within a period not exceeding three months from the date of publication of this law.
Third final provision. Entry into force this law enters into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 16 July 2015 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra Co-prince of Andorra