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Article 36 of Law 50/2002 of 26 December of Foundations provided for the existence of a Register of State Competition Foundations under the Ministry of Justice, in which the acts relating to the foundations that develop their activity throughout the territory of the State or mainly in the territory of more than one Autonomous Community.
In addition, the additional provision of Royal Decree 1337/2005 of 11 November, approving the Regulation of State Competition Foundations, states that the Register of Competition Foundations State will be governed by its specific regulations and the transitional provision fourth of the Law 50/2002, of December 26, previews that as long as the Registry of Foundations does not operate, the Records of foundations currently exist existing, a statement which in similar terms reiterates the unique transitional provision of Royal Decree 1337/2005 of 11 November.
On the other hand, by means of Royal Decree 1611/2007 of 7 December 2007, by which the Regulation of the Register of State Competition Foundations is approved, the implementation of this registration is permitted, in the development of its functions, structure, operation and effects, in accordance with the guidelines set out in Chapter VIII of Law 50/2002 of 26 December.
In addition to all of the above, Royal Decree 1611/2007 of 7 December 2007 also deals with the regime of long-term charges, the scheme of actions prior to the entry into operation of the Register of Foundations of State Competition and adscribe said register to the General Directorate of the Registers and the Notary, having to be located in Madrid and will have a unique character for the entire territory of the State.
Finally, the final disposition of that royal decree, regulates the faculty of development, having in its paragraph 2 that the date of entry into operation of the Register of Foundations of State Competition will be available by joint order from the Minister for Economic Affairs and Finance and the Minister for Justice. In addition, it refers in paragraph 4 to the fact that the Executive Committee of the Inter-Ministerial Commission on Remuneration will proceed to the approval of the new Ministry of Justice's Employment Relations Relation arising from the provisions of the present royal decree.
For its part, it should be noted that Royal Decree 453/2012, of 5 March, for which the basic organic structure of the Ministry of Justice is developed and the Royal Decree 1887/2011, of 30 December, is amended, establishes the basic organic structure of the ministerial departments, as set out in Article 9, which corresponds to the General Directorate of the Registers and the Notarized Office of the Registry of Foundations.
Despite the above mentioned regulations, the State Register of Competition Foundations has not been operational so far.
In this context, the Council of Ministers agreed on 26 October 2012 to set up a Commission for the Reform of Public Administrations, which was to draw up a report with proposals for measures to provide for the Management of the size, efficiency and flexibility required by the country's citizens and economy. This report provided for their measures, the effective implementation of the State Competition Foundation Register.
In accordance with the provisions of paragraph 2 of the second paragraph of this Royal Decree 1611/2007, of 7 December 2007, and Article 25 (f) of Law 50/1997 of 27 November of the Government, the present ministerial order.
In its virtue, on the proposal of the Ministers of Justice and Finance and Public Administrations, I have:
Article 1. Object.
The purpose of this ministerial order is to establish the date of entry into operation of the State Competition Foundation Register.
Article 2. Entry into operation.
The Register of State Competition Foundations shall enter into operation on the date of entry into force of this Ministerial Order.
Article 3. Organic dependency.
The Register of State Competition Foundations is organically dependent on the Ministry of Justice and will be attached to the General Directorate of Records and Notaries.
Article 4. Headquarters.
The Register of State Competition Foundations will be located in the headquarters of the General Directorate of the Registers and the Notary, located in the Plaza de Jacinto Benavente, number 3, in Madrid.
Additional disposition first. No increase in public spending.
The measures contained in this order will be taken into account with the existing personal and material resources that have so far been carried out by the state competition foundations in the ministerial departments, and which In accordance with the provisions of the second Royal Decree 1611/2007 of 7 December 2007, the Ministry of Justice shall be incorporated into the Ministry of Justice and shall adopt the Regulation of the Register of State Competition Foundations. Under no circumstances will they be able to generate increased public spending.
Additional provision second. Extinction of existing ministerial records.
By virtue of the provisions of the first transitional provision of Royal Decree 1611/2007 of 7 December 2007 approving the Regulation of the Register of State Competition Foundations, the ministerial registers of Currently existing foundations will be extinguished from the entry into operation of the Register of State Competition Foundations.
Repeal provision. Rule abrogation of equal or lower range.
Any provisions of equal or lower rank are repealed as set forth in this order.
Final disposition first. Budgetary changes and the relations of jobs.
In accordance with the regulations and procedures in force, the budgetary changes and the relations of jobs that will be carried out will be carried out in order to comply with the provisions of this ministerial order.
Final disposition second. Entry into force.
This order shall enter into force on the day following that of its publication in the "Official State Gazette"
Madrid, November 26, 2015. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.
