Order Pre/2537/2015, Of 26 November, Which Has Operations And The Headquarters Of The Register Of Foundations Of State Competence.

Original Language Title: Orden PRE/2537/2015, de 26 de noviembre, por la que se dispone la entrada en funcionamiento y la sede del Registro de Fundaciones de Competencia Estatal.

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Article 36 of the Law 50/2002, of 26 December, foundations, provided the existence of a register of foundations of State competence of the Ministry of Justice, in which acts relating to foundations that develop their activity in the whole State or mainly in the territory of more than one autonomous community shall be entered.

In a complementary manner, the first of the Royal Decree 1337 additional provision / 2005 of 11 November, which approves the regulation of foundations of State competence, points out that the register of foundations of State competence will be governed by its specific regulations and the transitional provision of law 50/2002, of 26 December, fourth expected Meanwhile not entering run the register of foundations , will survive the records of currently existing foundations, Declaration which, in similar terms, reiterates the single transitional provision of the Royal Decree 1337 / 2005 of 11 November.

On the other hand through the Royal Decree 1611 / 2007, 7 December, which approves the regulation on the foundations registry of State competition, the start-up of the registry, are allowed to develop their functions, their structure, operation and effects, in accordance with the guidelines set forth in Chapter VIII of the Law 50/2002 , on December 26.

Alongside all this, the Royal Decree 1611 / 2007, of December 7, cited above, also deals with the regime of lasting burdens, the regime's actions prior to the entry into operation of the registry of foundations of State competence and ascribed such registration to the General direction of the registers and notaries, provided that it be in Madrid and will be unique to the entire territory of the State.

Finally, second the final provision of the aforementioned Royal Decree, it regulates the Faculty of development, in its paragraph 2, to the date of entry into operation of the registry of foundations of State competence be disposed by joint order of the Minister of economy and finance and the Minister of Justice. In addition, it refers, in its paragraph 4 that the Executive Committee of the inter-ministerial Commission on remuneration shall proceed to the adoption of the new relationship of jobs of work of the Ministry of Justice under the provisions of this Royal Decree.

Furthermore, it should be noted that Royal Decree 453/2012, of 5 March, which develops the basic organizational structure of the Ministry of Justice and amending the Royal Decree 1887 / 2011, of 30 December, which establishes the basic organizational structure of the ministerial departments establishes in its article 9 that corresponds to the General direction of the registers and notaries the keeping of the register of foundations.

Despite the policy forecasts cited, the register of foundations of State competence has not entered into operation so far.

In this context, the Council of Ministers agreed on October 26, 2012 the creation of a Commission for the reform of public administrations, which should produce a report with proposals for measures which service to the administration of size, efficiency and flexibility demanded by citizens and the country's economy. This report was expected among its measures, the effective implementation of the register of foundations of State competence.

In accordance with the provisions of paragraph 2 of the second final disposition of the aforementioned Royal Decree 1611 / 2007, of December 7, and article 25.f) of law 50/1997, of 27 November, the Government, this ministerial order is issued.

By virtue, on the proposal of the Ministers of Justice and of finance and public administration, have: article 1. Object.

The purpose of this ministerial order is to establish the date of entry into operation of the registry of foundations of State competence.

Article 2. Entry into operation.

The register of foundations of State competence will enter into operation at the date of entry into force of this ministerial order.

Article 3. Organic unit.

The register of foundations of State competence organically under the Ministry of Justice and will be assigned to the General direction of the registers and notaries.

Article 4. Headquarters.

The register of foundations of State competence will be located at the headquarters of the General direction of the registers and notaries, located in plaza de Jacinto Benavente, number 3, in Madrid.

First additional provision. No increase in public spending.

The measures contained in this order will be handled with the personal media and materials so far performed tasks of registry of foundations of State competence in the various ministerial departments, and that will be incorporated into the Ministry of Justice, in accordance with that contemplated in the second final provision of the Royal Decree 1611 / 2007 of 7 December, which approves the regulation of the registration of foundations of State competition. In no case may generate increased public spending.

Second additional provision. Termination of existing Ministerial records.

Pursuant to the first transitional provision of the Royal Decree 1611 / 2007 of 7 December, which approves the regulation on the foundations registration of State competition, ministerial records of currently existing foundations will be extinguished from the entry into operation of the registry of foundations of State competence.

Repealing provision. Abrogation of standards of equal or lower rank.

Many provisions of equal or lower rank to oppose provisions of this order are repealed.

First final provision. Changes to budget and relations of jobs.

Changes to budget and relations of jobs that they are to comply with the provisions in this ministerial order will take place in accordance with the rules and procedures in force.

Second final provision. Entry into force.

This order shall enter into force the day following its publication in the «Official Gazette» Madrid, 26 November 2015.-the Vice-President of the Government and Minister of the Presidency, Soraya Sáenz de Santamaría Antón.

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