Law of creation of the Chamber of Commerce, industry and services of Andorra since the General Council in its session on 2 and 3 September 1993, has approved the following: law on creation of the Chamber of Commerce, industry and services of Andorra preamble the economic development that our country has undergone in recent decades with the ensuing complexity and the desirability of inserting in the commercial currents of Andorra within the framework of the European economic community, are not longer supported by the absence of a structuring of private economic activities to represent and defend the general interests.
The current situation is necessary to the confluence of public and private interests towards a representative organization of the Andorran economy that has public, but private base.
With the creation of the Chamber of Commerce, industry and services of Andorra, it fills the current gap, providing the public administration of a useful tool for the public sector must contribute to guiding and articulating economic policy that, constitutionally, it is left to market forces and the private initiative, but that will require administrative intervention, which must be provided and representative of the freedom of business and trading. Indeed, this need of administrative interventions, compatible with the freedom of enterprise and private initiative, are legitimate with the fullness of this law on the mandatory membership in the Chamber, as well as the indispensable financial contributions of its members.
The Chamber takes part of the character of the public administration, because it is a creation of the public authorities, with legal personality, subject to the supervision of the Ministry that the regulations be determined.
In order to achieve the full effectiveness of the public function entrusted to the Chamber, are members of this organization, both individuals and legal persons who have signed up to its name one or more commercial, industrial activities, services or in the registry of Commerce and industry of the country.
Article 1 nature and legal 1. The Chamber of Commerce, industry and services of Andorra, as an entity of public law, with legal personality and full capacity to act for the fulfillment of its purposes, which will be advisory body of the Government, with which to collaborate.
2. in addition to the exercise of the powers of public character attached to it that law and that it may be assigned or delegated by the Government or the Ministry that has the tutelage, the Chamber of Commerce, industry and services of Andorra has as its purpose the representation, promotion and defence of the general interests of Commerce, industry and services , and the provision of services in such activities, without prejudice to the right of creation and functioning of business organizations, professional and trade unions.
3. The Chamber of Commerce, industry and services of Andorra is governed by this law, the regulations issued by the Government and, with extra character to those legal provisions on legal regime and procedure of the public administration of the Principality that fit with its nature and functions. The contract and the regime of its heritage will be adjusted to the private law.
4. The Chamber of Commerce, industry and services of Andorra is subject in the exercise of its activity to the Government Ministry that must be determined.
Article 2 Advisory Function corresponds to the Chamber of Commerce, industry and services of Andorra, as a non-binding consultative body of the public administration: a) Being consulted by the Government or the different Ministries through the Ministry that has the tutelage, and account prior to this reports that issue.
b) Be consulted for any entity, institution, body or public, State or Corporation on matters relating to trade, parish, industry and services and, in general, with the economic life of the country.
c) inform and introduce amendments on all draft regulations of the public administration that organize or influence, in any form, about the commercial, industrial or service sector.
d) Report, on demand of the Government or of Commons projects, administrative concession.
Article 3 Functions 1. The Chamber of Commerce, industry and services of Andorra has assigned the following functions of public administration: a) bring a general census of commercial, industrial and service activities to complement statistical and informational character with the registry of Commerce and industry of the Government.
Declares the registration required of traders, industrialists and service holders in the register of the Chamber of Commerce, which have to provide the details of the activity related to the purposes of statistics and information that must be determined.
b) to promote the transparency of the market, fair competition and ensuring their observance.
c) Issuing certificates of origin of goods and other documents related to commercial traffic, or internationally, in accordance with the rules to be applied.
d) to create, organize and manage arbitration bodies and services meant to resolve conflicts in industrial and commercial matters and to issue opinions and expert reports on the same subject.
e) to propose to the Government, through the Ministry that has the supervision, those reforms or measures it deems suitable for the development of trade, industry and services in the country.
f) Perform all the functions that you can entrust or delegate the Government, through the Ministry that has the supervision, or that this assigned or delegated directly.
g) concession Being the management of public services of the competence of any Government of the Principality, provided that in the case of services of interest to the economic activities that the Chamber represents.
h) to promote and manage the Organization of trade fairs and exhibitions.
I) to create and manage wholesale fish markets and stock exchanges, with the prior authorization of the Ministry who has the guardianship.
j) Collect the Customs and commercial usages, as well as the practices followed in the business, and to issue certificates on its existence.
k) to promote the management of the environment as one of the priorities of the company and disclose that the sustained development calls for efforts to make compatible with economic growth and the conservation of the environment, in such a way that they can meet the current needs
without compromising the ability of future generations to meet theirs.
l) collaborate with the educational administration and with those centres of professional training, public or private, in the management of practical training in companies.
2. The Chamber of Commerce, industry and services of Andorra may exercise the following functions: a) Disseminate and promote commercial and industrial education, emphasizing applied research, according to the requirements and circumstances of each case.
b) Perform all kinds of surveys, data collection, statistics and studies, and make generic advertising of economic activities, the general interests of which represents.
c) Promote directly or collaborate in the Organization of conferences and, in general, of meetings of interest to the Commerce, industry and services.
d) in general, to carry out all those activities that contribute to the development of commercial, industrial and services activities and, in particular, to establish information services and business advice.
3. For the performance of its functions, both of which develop on its own initiative as well as those assigned or delegated any public administration of the Principality, the Chamber of Commerce, industry and services of Andorra, in order to best achieve its goals and with the prior authorisation of the Ministry that has the tutelage, can promote or participate in all kinds of companies , mixed economy or of public interest, or in associations, foundations and other public or private entities, as well as establish agreements of collaboration.
Article 4 the voters 1. Are electors of the Chamber of Commerce, industry and services of Andorra: a) in, all those individuals who have registered to its name one or more commercial, industrial activities, services or in the registry of Commerce and industry of the country. In any case, these people will not be able to delegate their condition or the exercise of rights arising through powers of attorney or mandates.
b) legal persons should be duly represented by the President, ceo, unique Administrator or any other that has a general attribution of powers of representation.
2. The condition of elector is understood to have attributed to each of the activities registered in the registry of Commerce and industry of Andorra and exercised in different commercial, industrial and service sectors.
3. Both in the registry as the criminal conviction as a result of crimes related to the exercise of the Commerce, industry and services will involve the loss of the status as elector of the Chamber.
Article 5 Organs of The Government bodies of the Chamber are Filled, the Executive Committee and the President.
The full and the Executive Committee function as collegial bodies.
Article 6 Organisation 1. The full is the supreme organ of Government and representation of the Chamber.
2. The full is composed of thirty members, of unique condition and indelegable, chosen by means of free suffrage, equal, direct and secret, between all the electors of the Chamber.
3. the members of the plenary must come from each of the following economic sectors: trade; industry; tourist services and other services.
4. to be elected a full member of the Chamber, it must be elector, bring at least three years of exercise on the activity of the trade, industry or services in the territory of the Principality, and must have fulfilled all financial obligations to the Chamber that will feature in this law.
5. Each of the four sectors mentioned is subdivided into activities. The distribution of the members of the plenary in sectors and, within this, in activities, is made in accordance with the criteria of proportionality, according to the economic importance of each sector and activity.
6. None of the four sectors will not be able to have a number of members covering the absolute majority of the plenary of the Chamber. None of the activities may not have more than two members of the plenary.
7. The Division of the sectors of the full on activities and the number of members of each of them must appear in the internal regime regulations of the Chamber, which, at this point, you have to update, with the periodicity to be determined, the Division in order to ensure the proportionality of the general interests which the Chamber represents.
8. The Ministry that has the guidance calls the elections of the Chamber. In the announcement of the elections will have to state the number of electoral colleges and the rules for the registration of electors in each of these schools.
9. The Ministry you have the guidance, in order to ensure the objectivity and transparency of the electoral process, must constitute an Electoral Board, with a composition and functions that must be determined by the regulations.
10. The Ministry that has the guidance has to summon the members of the plenary elects to take possession of his Office and hold the constituent session of the plenary, within the twenty days that follow the elections.
11. The mandate of the members of the plenary has a duration of six years. Members can be re-elected, but cannot play more than two consecutive mandates.
12. Every three years will renew half of the number of members that make up the full. The first renewal is decided by lottery among the members of the plenary that make up each sector. The full member who occupies the Presidency does not participate in the draw.
13. Both the first renewal of half of the plenary to be held to draw, as in successive, elected members of those activities in which there have been vacancies during the three previous months. The provision of the vacancies occurring at a later time is done in the manner determined by the internal rules.
Article 7 functions of the Full 1. Correspond to the House the following core functions: to) Adopt agreements in relation to the purposes set out in article 2 of this law.
b) to approve the annual programme of activities and management of the Chamber.
c) agreed to the filing of all kinds of resources and actions in front of any body or jurisdiction.
d) decide on the acquisition or disposal of property. The full can delegate this right to the Executive Committee, if there is a forecast budget for this purpose in the annual program.
e) Elect the positions of the Executive Committee and to cover the vacancies that have been produced.
f) Constitute commissions advisory character.
g) to approve the ordinary and extraordinary budgets of the Chamber and the corresponding settlements.
h) to develop and propose to the Ministry that has the guardianship regulations for the application of this law,
so that will be enacted in the form that Government approval.
and the rules of procedure of the Chamber) and submit it to the Ministry that has the guidance for your final approval. In this regulation should contain the structure of the plenary, the number and method of election of the charges of the Executive Committee and, in general, the rules of functioning of the governing body.
j) Appoint the members of the International Chamber of Commerce, referred to the following article.
k) Appoint, on the proposal of the Executive Committee, the Secretary-lawyer, the Director and other senior management positions.
2. The regulations may be attributed to the other functions, without prejudice to which the present Law attributed to the Executive Committee.
Article 8 International Vocal 1. The internal rules of the House can have the existence of up to ten members cooperators, appointed from among the voters of the Chamber, or from among persons of recognised prestige, related to trade, industry or services.
2. The members cooperators have the right to attend, with voice but without vote, in all meetings of the plenary, which may grant them other rights they have to express themselves in the internal rules of the Chamber.
3. The cooperative member has a maximum duration of six years and are not subject to renewal by half of their number.
Article 9 the Secretariat 1. The Chamber of Commerce appoints a Secretary-lawyer, with voice but without vote, which draws up the minutes of the meetings of the governing bodies of the Organization, and delivers the certificates of the agreements with the approval of the President.
2. The Secretary-lawyer is the ordinary legal advisor of the Chamber.
Article 10 the Executive Committee 1. The Executive Committee is the permanent organ of management and administration of the Chamber. It is composed of a President, four Vice-Presidents-one for each of the economic sectors mentioned in issue 3 of article 6, a Treasurer and three Members, all of them elected among the members of the Chamber. The choice of the positions of the Executive Committee is made in the constitutive session of the plenary to be convened after the elections in accordance with the provisions of article 9, number 6 and in the way determined by the internal rules.
2. The Chairman may only fall on those members of the plenary with the Andorran nationality.
3. The rules of procedure of the Chamber has to regulate the form of partial renewal of the charges of the Executive Committee, if you have to do it at the same time that the members of the plenary.
4. in the internal rules of the Chamber should determine the functions that correspond to the Executive Committee, attributing, for cases of justified urgency, the right to adopt resolutions on matters which are of the competence of the Full, giving it to this account in the first meeting held. The Faculty of the Executive Committee for cases of urgency may not exercise when it's unique features of the plenary, by reason of their nature.
5. the Executive Committee is responsible for all duties not attributed to the Full legally or by the regulations.
Article 11 the President 1. The President has the representation of the Chamber and holds the Presidency of all its collegial bodies.
2. Is responsible for the implementation of their agreements, which ensure the legality as well as the supervision of all the services of the institution.
3. The powers of the President referred to in the preceding paragraph may be carried out by Regulation of the Government of the Principality and, in any case, they must be specified in the internal rules of the Chamber.
Article 12 the Director 1. The full, at the proposal of the Executive Committee, appoints a Director, rewarding, which has the character of a position of trust in the governing body plenary.
2. The Director attends, with voice but without vote, in the meetings of the plenary and of the Executive Committee, manages the execution of the agreements in accordance with the instructions received from the Executive Committee and of the President and is the Chief of staff to the services of the Organization, which he leads.
3. The Director of the Chamber and the rest of the staff at the service of the company, are subject to the labour law.
Article 13 basic rules of operation 1. By Regulation that adopts the Government established the basic rules necessary relating to the operation and adoption of resolutions of the governing bodies of the Chamber members collaborate, by virtue of which the wording of the will of those governing bodies must follow democratic procedures.
2. The basic rules referred to in the previous paragraph must be the subject of detailed deployment in the internal rules of the House, which will be subject to the approval of the Ministry that has the tutelage.
Article 14 Funding 1. For the financing of its activities the Chamber of Commerce, industry and services of Andorra has the following ordinary financial resources: a) the fees that must be paid every year the electors of the Chamber, in the amount resulting from applying the amount specified in the law of the budget on the rate of commercial activities, business and services. The incurrence of the budget will be established in the same law. The rules of prescription are applicable in the legislation on the public finances of the State.
All the electors that, during the whole or part of a tax year have registered to its name one or more commercial, industrial or service activities in the electoral register of the Chamber of Commerce are required to pay the fee.
b) income earned for services rendered and, in general, to the exercise of their activities.
c) voluntary contributions of their constituents.
d) products, the incomes and the increase of their wealth.
2. The Chamber also has the following extraordinary financial resources: a) Are allocated from the General Budget of the Principality in the transfers, with the previous proposal of the services or activities in code that will apply and that, previously approved by the plenary, you must submit to the Government through the Ministry that has the tutelage. The agreement of the economic resources that must be defined own House should contribute for the realization of the activities and for the provision of the services in question.
b) grants, bequests and donations it receives.
c) Are coming from the operations of credit or loan you make.
of) any other tasks that may be attributed or recognized by law, by virtue of the agreement or for another lawful procedure.
3. For the exercise of the function of the challenged fee established in section a) of the number 1 of this article, the House should follow the same procedure of Executive collection that the Administration
Article 15 advertising of The agreements must be published in the official bulletin of the Principality of Andorra all resolutions adopted by the plenary.
Article 16 annual economic report the Chamber is required to prepare, publish and send anyalment to a Government economic report descriptive of the evolution and perspectives of the economic activities in the territory of the Principality. In the preparation of this report has been to take account of the guidelines issued by the Ministry that has the supervision, which must provide the details you need for any public body or parapúblic, except for those protected by secret established by law.
External Relations article 17 the Chamber may relate to any natural or legal person, public or private. However, any relation to foreign State organs requires the prior authorization of the Government.
Article 18 the contentious Scheme the agreements and resolutions of the Chamber of Commerce, industry and services of Andorra, adopted in the exercise of the powers of a public official, on financing required and those related to the electoral system, they can go before the Administrative Jurisdiction, upon complaint made against the Government. In all other issues they are competent judges and ordinary courts.
Article 19 Administrative Supervision 1. The Ministry that has the tutelage exercised the powers of administrative approval and control of economic resources and reports of administrative appeals brought against decisions and resolutions of the Chamber, and also that the Government regulations determine, for cases of serious transgression of the legal or impossibility of normal operation of camera bodies.
2. The holder of the Government Ministry that has the guidance you can attend, personally or through accredited delegation, with voice but without vote, in the meetings of the collegial bodies of the Chamber.
Article 20 Budgets 1. The Chamber of Commerce, industry and services of Andorra must draw up each year an ordinary budget of expenses and income and must approve the settlement at the end of the tax year, which will coincide with the calendar year.
2. For the realization of activities, works and services without entering in the ordinary budget, the Chamber has to formalize the extraordinary budgets.
3. The Ministry that has the guidance must approve the ordinary and extraordinary budgets of the Chamber, controlling their settlements and giving those instructions to consider suitable to make them.
Transitional provisions First charged to the General budget of the Principality have been assigning the credits necessary to meet the expenses of incorporation, organisation and functioning of the House.
Second All physical or legal person who at the time of entry into force of this law shall be registered in its name one or more commercial, industrial or service activities in the register of Commerce and industry of the Government is required to register in the register of the Chamber of Commerce, within a maximum period of two and six months.
Third empowers the Government because within a maximum period of six months, counted from the date of entry into force of this law, note the payment to satisfy for the year 1994, and also their accrual and its liquidation.
Final provisions First within a maximum period of four months from the entry into force of this law, the Government must approve and publish regulations for the establishment, organization, functioning and the administrative supervision of the Chamber.
Second this law shall enter into force 15 days of its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 3 September 1993 Jordi Farràs Forné 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.
Joan Martí Alanís François Mitterrand and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra