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The Ministry of Employment and Social Security, under Royal Decree 343/2012, of 10 February, has attributed, among its functions, the design, management and monitoring of aid to the promotion of self-employment and its organizations, the promotion of social economy entities and their associations and the promotion and dissemination of corporate social responsibility. These functions are carried out by the Directorate-General for Autonomous Work, the Social Economy and the Social Responsibility of Enterprises, in accordance with Article 4 of the Royal Decree.

For the implementation of these functions, the General Budget of the State will record the appropriate appropriations in the budgetary applications of the Programme "Development of the Social Economy and Social Responsibility". Enterprises ".

Among the actions mentioned in this programme are those aimed at stimulating entrepreneurial initiatives aimed at meeting the demand for certain goods or services, in fields such as housing, education, consumption, services, health care, through the formation of cooperative societies or other forms of the social economy, as well as the sociolaboral insertion of persons in situations or risk of social exclusion, by means of an economic model social solidarity of the insertion companies formulated by their associations. Similarly, those aimed at promoting self-employed employment and supporting their associations, as well as promoting actions to disseminate the social responsibility practices of companies.

With this Order, which complies with the provisions of Article 17.1 of Law 38/2003 of 17 November, General of Grants, on the establishment of regulatory bases for the granting of public subsidies, make it possible to implement certain actions at the State level aimed at promoting such entrepreneurial initiatives, corporate social responsibility and self-employment, as well as supporting state-wide partnerships in the field of social economy and self-employment.

The need to modify the regulatory bases to incorporate the new guidelines of the Department in the policy of promoting autonomous work, the social economy and the social responsibility of the companies advises that the publication of the call for these grants for the year 2012 incorporates its regulatory bases, taking into account its specificity, and given that the estimated period for the publication of the bases and the subsequent call and its processing would be a delay which would make it impossible to carry out the activities within the financial year 2012 for which the appropriations for financing are provided.

In its virtue, prior to the report of the State Advocate and the Delegated Intervention of the General Intervention of the State Administration in the Department, I have:

Article 1. Purpose of the grant.

This Order establishes the regulatory basis for the grant of grants, the purpose of which is to contribute to the financing of the expenditure incurred in the implementation of activities in support and promotion of self-employment, social economy and corporate social responsibility, as well as the partial financing of the operating costs of the associations of self-employed workers, cooperatives, labour companies, and other entities representative of the social economy at the state level to facilitate compliance with the own purposes of these entities and call for their award for the year 2012.

Article 2. Beneficiaries.

1. Entities that meet the following requirements may obtain the grants referred to in this Order:

(a) For actions at the State level to promote self-employment, the social economy and the social responsibility of enterprises, they must be associations of self-employed workers of a cross-sectoral nature, of cooperatives, of working societies, of insertion companies and other representative entities of the social economy that integrate these entities, the associations and foundations without profit, as well as the universities.

(b) For the operating expenses of the associations the beneficiaries must be professional associations of autonomous workers of a state within the intersectoral nature registered in the State Register of Associations Self-employed professionals at the time of publication of this call, associations of associations of the state of cooperatives, of working societies and of associations of a cross-sectoral nature of insertion companies as well as other representative bodies of the social economy which are part of the State-wide scope for cooperatives and for occupational societies. These representatives of the social economy must have at least five associations between the cooperatives and those of the labour companies, with at least five associations.

2. As a general rule, they may not obtain the status of beneficiaries of the grants, the entities in which one of the prohibitions laid down in Article 13 of Law 38/2003 of 17 November, General of Grants, is present.

3. For the purposes of this Order, it is understood by association of a cross-sectoral nature of self-employed workers, cooperatives, labour companies and insertion companies, associations of self-employed workers, cooperatives, companies, associations, associations, associations, associations, associations, associations, associations, associations, (a) employment and integration enterprises with members in at least three economic sectors, from among those in agriculture, industry, construction and services.

Article 3. Eligible activities.

1. For the promotion of self-employment, social economy and corporate social responsibility, the costs incurred in carrying out the following activities may be subsidised:

a) Support and advice for entrepreneurs, self-employed and promoters of the social economy.

b) Programs to promote entrepreneurial culture, self-employment, social economy and corporate social responsibility.

c) Elaboration of studies, documentation, analysis and research and publishing of brochures, publications, and other similar actions.

d) Communication and outreach campaigns aimed at promoting self-employment, social economy and corporate social responsibility through any means of communication, including new ones. information and communications technologies.

e) Training activities aimed at starting, perfecting and qualifying knowledge of self-employment, social economy and corporate social responsibility.

f) Organization of congresses, seminars, days, presence at fairs and other activities of a similar nature.

2. For the support of the associative entities and other representative entities of the social economy listed as beneficiaries in Article 2.1.b), the operating costs incurred by the associations for the purpose of the achievement of the ends that are of their own.

Article 4. Eligible expenditure.

1. The costs incurred in carrying out the activity which is the subject of the subsidy, which are in a manner which is not in accordance with the nature of the subsidy, shall be eligible for expenditure in the period from 1 November 2011 to the end of the year. December 31, 2012, both inclusive, and which were effectively paid prior to February 1, 2013.

The costs of supplies or services provided by other undertakings referred to in paragraph 2 may also be eligible, the invoicing of which shall be carried out for a period which, without exceeding one year, comprises part of the financial year 2011 and 2012 or the financial years 2012 and 2013, provided that they were actually paid in the period from 1 November 2011 to 31 January 2013, both inclusive.

2. The following shall be eligible only for the operating costs of the associative entities and other representative bodies of the social

:

(a) Personnel expenses, except severance payments and early retirements.

b) Leases and canyons.

c) Repairs and conservation.

d) Independent professional services.

e) Insurance Prims.

f) Office material, photocopies and printing.

g) Communications.

h) Supplies.

i) quotas, both for subscription to publications and for registration in activities such as those paid for membership of other national or international organisations, up to a maximum of seventy-five per cent of the different fees paid.

The remuneration of the labour force may only be the subject of a subsidy up to the amount of remuneration fixed per day of work for the relevant professional groups in the third collective agreement. For the work staff of the General Administration of the State, published by Resolution of the Directorate-General for Work of 3 November 2009 ("BOE" of 12 November 2009).

Staff costs and expenses for professional services that may result from the hiring of a member of the governing bodies of the requesting entity shall not be eligible.

3. An indirect cost, attributable to the subsidised activity, may be considered up to 8% of the eligible direct cost without this fraction of the cost requiring additional justification. This type of justification shall apply only to those supporting accounts where no supporting documents are incorporated into the allocation of indirect general costs.

4. The costs of locomotion, maintenance and stay shall not be eligible.

5. In any event, the provisions on expenses eligible under Article 31 of Law 38/2003 of 17 November, General of Grants, will be available. In no case shall the cost of eligible expenditure be higher than the market value.

Article 5. Amount of the grants.

1. The determination of the individual amounts of grants for actions to promote self-employment, social economy and corporate social responsibility will be made on the basis of the following rules:

(a) The amounts allocated to each of the subsidy groups shall be awarded, until the available credit is exhausted, to the ordered applications of the highest to lowest score as follows: 100 per 100 of the amount applied to applications which have scored more than 44 points, 75 per 100 to applications with a score of between 38 and 44 points, 50 per 100 to applications with a score of between 32 and 37 points, and 25 per 100 to requests with a score of less than 32 points.

b) If in the grant allocation process a group of applications were reached that would have obtained the same score, and not enough credit would be available to apply to all of them the percentage that would correspond to them. by the score obtained, the percentage to be applied will be the one that runs the available credit.

c) For the activities referred to in Article 3.1. (c), (e) and (f) the maximum amount of the grant to be granted shall be EUR 50 000. For the activities referred to in Article 3.1. (a), (b) and (d) the maximum amount of the grant to be granted shall be EUR 150 000.

(d) Where the quantity applied for is higher than the maximum amounts referred to in the preceding subparagraph, the percentages referred to in subparagraph (a) shall apply to those maximum amounts.

e) If applying these award criteria will result in excess credit, it will be used to increase the percentage to be applied for the second score section until such credit is exhausted, in full respect of the amount maximum of this type of subsidy and without ever being able to exceed 100 per 100 of the amount requested. If credit is still to be granted, the third and fourth tranche of applications will be the same.

In order to be eligible for the grant of this paragraph, a minimum score of 15 points will need to be achieved in the assessment process.

(f) In any event the beneficiary entity shall contribute to the costs of the activity with at least one amount which shall be the result of applying the 15% to the amount of the grant awarded.

2. The determination of the individual amounts of grants for the operating costs of the associative entities and other representative entities of the social economy, of Article 8.2. (d), (e), (f) and (g) shall be based on the following rules:

A fixed amount will be allocated to each of the entities that meet the requirements to be eligible for this type of grant, which will be EUR 12,000 for the associations of self-employed workers. intersectoral, of 30,000 euros for the associations of cooperatives, of societies of labor and of enterprises of insertion and of 80,000 euros for the other representative entities of the social economy that they integrate to associations of state cooperatives and labour companies. These fixed amounts shall be reduced to 75% for those applicant entities in which the average number of workers who make up their staff in the six months preceding the publication of the call is understood between 4 and 5, inclusive, and 50% for those in which this average number of workers is less than 4.

If once the fixed amounts are allocated, there will be excess credit in some group, the entities in the group will be awarded in proportion to the score obtained by applying the objective criteria for granting them. grants as referred to in Article 7.3.

3. The following rules shall also be taken into account in the allocation of individual amounts determined in paragraph 1:

(a) Entities which obtain the same score shall be considered to be included in the same group for the purposes of applying the successive percentages. If in the grant allocation process a group of applications were reached that would have obtained the same score, and not enough credit would be available to apply to all of them the percentage that would correspond to them by the score The only percentage to be applied will be the one that runs the available credit.

(b) If the application of these criteria results in excess credit, it shall be awarded, until it is exhausted, among the first applications which have not reached the percentage of 100 per 100 of the amount requested, without in any case being exceed the maximum amount established for each type of subsidy.

Article 6. Subcontracting of the subsidised activities.

1. Subcontracting is authorised up to a maximum percentage of 80 per 100 of the total cost of the activities supported by the requirements and conditions laid down in Article 29 of Law 38/2003 of 17 November, General of Grants, and taking into account the circumstances set out in Article 68 of its Regulation, approved by Royal Decree 887/2006 of 21 July.

2. In the event that the subcontracting is carried out with persons or entities linked to the beneficiary of the grant, it will be necessary to request the General Directorate of the Autonomous Work, the Social Economy and the Responsibility Social of the companies authorized to carry out such subcontracting.

The application must be accompanied by a memory describing the part of the activity to be subcontracted, the persons or entities associated with which it is to subcontract, indicating the type of existing links, as well as the amount of subcontracting provided for, by disaggregating the amounts to be collected by each of the persons or entities with which the subcontracting is carried out. The reasons for the need for subcontracting with related persons or entities should also be indicated.

In no case shall the amount of the subcontracted activity with related persons or entities exceed 70 per 100 of the amount of the subsidised activity and without the amount per person or related entity being higher 50 per 100 of the total cost of the subsidised activity.

The resolution on the request for subcontracting will be given by the Director General of the Autonomous Labour, Social Economy and Social Responsibility of the Companies, by delegation of the exercise of the competences of the The Secretary of State for Employment shall be notified within a maximum of three months of the date of submission of the application for subcontracting. This decision shall terminate the administrative procedure, with the possibility of bringing the replacement of a replacement within a month, or be directly challenged before the judicial-administrative court order, in the form and time-limits provided for in Article 1 (2) of the Treaty. by the regulatory law of that jurisdiction.

After the maximum period without which the express decision has been given and notified, the application shall be deemed to be deemed to have been applied, in accordance with the provisions of Article 43.2 of Law No 30/1992 of 26 November 1992 on the Public administrations and the Common Administrative Procedure, having for all the purposes the consideration of an administrative act finisher of the procedure and without prejudice to the obligation to issue express confirmatory resolution of the same.

3. Where subcontracting exceeds 20 per 100 of the amount of the subsidy and the amount exceeds EUR 60 000, a written contract shall be concluded between the parties and shall be submitted on the basis of their conclusion to the Directorate-General. General of the Autonomous Labour, Social Economy and Social Responsibility of the Companies for their authorization. The decision on the application for authorisation to conclude the contract shall be in accordance with the procedure referred to in the previous paragraph.

Article 7. Objective criteria for granting grants.

1. The following assessment criteria shall be taken into account in determining the amount of the grants referred to in Article

:

a) Adequation of project objectives to the policies of the Ministry of Employment and Social Security in the field of the promotion of self-employment, social economy and corporate social responsibility.

b) Content of the activity to be developed in order to achieve the objectives of the project.

c) Degree of direct incidence of support offered to entrepreneurs, self-employed and workers in the social economy.

d) Projection of the activity in the field to which the actions are directed.

e) Relationship between the requested amount and the objectives pursued in the development of the activity.

These criteria will have the same importance regardless of the order in which they are collected, assigning them to each of them a score, in whole numbers, between a minimum of zero and a maximum of ten.

2. With regard to the criterion set out in subparagraph (a) of the previous paragraph, the following thematic priorities for the assessment of grant applications to be submitted are set out for the year 2012:

a) Support and advice for entrepreneurs, self-employed and promoters of the social economy.

b) Promoting entrepreneurial culture through self-employment and the social economy, paying particular attention to actions developed to commemorate the year 2012 as International Year of Cooperatives.

c) Incidence in the personnel policy and employment of companies as a result of the implementation of business social responsibility criteria.

d) Topics common to the preceding paragraphs: implementation of new information and communications technologies, improvement of competitiveness and promotion of equal opportunities.

3. For the grants referred to in Article 3.2, the following assessment criteria shall be taken into account:

(a) For the professional associations of autonomous workers of a state of intersectoral nature registered in the State Register of Professional Associations of Autonomous Workers, the number of workers who, in the six months prior to the publication of the call, integrate the template of the requesting entity and its associated cross-sectoral entities in the state, regional and local areas of Ceuta and Melilla.

(b) For the associations of the state-wide associations of cooperatives, of working societies and for associations of a state-wide inter-sectoral nature of insertion companies, the number of workers who, in the six months prior to the publication of the call, they integrate the template of the requesting entity and its associated entities in the state, autonomous and in the cities of Ceuta and Melilla.

(c) For the other representative bodies of the social economy which integrate associations at the state level of cooperatives and labour companies, the number of workers who, in the six months preceding the publication of the call, integrate the template of the requesting entity.

To determine the score that corresponds to each of the entities, 3 points will be awarded for the first contract worker in each of the autonomous communities or in the cities of Ceuta and Melilla and one for each of the the remaining workers. Such procurement shall have been carried out by the State-wide association or by its associated entity in each Autonomous Community.

The resulting final score for each entity will be the average of the score obtained in each of the months of the computation period.

4. For the purpose of computing the number of employees of the associated entity template, the following requirements shall be met:

1. Professional associations of self-employed workers:

The associated entity is a professional association of self-employed workers of a cross-sectoral nature that is registered in the corresponding Autonomous Register of Professional Associations of Autonomous Workers, which accredit by certificate issued by that Autonomous Register.

In the case of not being constituted the corresponding Autonomous Register, the applicant and the associated entity must present a certificate issued by the Secretary of each entity, with the approval of its President, accreditable of the integration to the applicant association subscribed by each of the associations.

In addition, the associated entity must provide a certificate that it meets the requirements laid down in Law 20/2007 of July 11 of the Statute of the Autonomous Work, to be considered a professional association of workers. standalone.

2. Associative entities of a state level of cooperatives, of working societies and of associations of a cross-sectoral nature of insertion enterprises: the applicant and the associated entity must present a certificate issued by the Secretary of each entity, with the approval of its President, accrediting of the integration to the applicant association subscribed by each of the associations.

Article 8. Call.

1. The granting of the subsidies regulated in this Order, under the principles of publicity, transparency, competition, objectivity, equality, non-discrimination, effectiveness, is called for the 2012 financial year. in the fulfilment of the objectives set out in this Order and efficiency in the allocation and use of public resources.

2. The grant of the grants will be financed from the appropriations entered in the General Budget of the State, Ministry of Employment and Social Security for the financial year 2012, in the following applications and by the total amounts maximum indicated for each group of beneficiary entities:

(a) Budgetary implementation 19.03.241N.484 for the activities of training, dissemination and promotion of self-employment, the social economy and the social responsibility of enterprises carried out by associations and associations private foundations, up to an amount of EUR 1,975,010.

(b) Budgetary implementation 19.03.241N.441 for the activities of training, dissemination and promotion of self-employment, social economy and the social responsibility of enterprises carried out by universities and other public institutions, up to an amount of EUR 40,530.

(c) Budgetary implementation 19.03.241N.470 for the activities of training, dissemination and promotion of self-employment, the social economy and the social responsibility of enterprises carried out by private universities, up to an amount of EUR 25,810.

(d) Application 19.03.241N.485 for the operation of associations of self-employed workers of a cross-sectoral nature up to an amount of EUR 315,000.

e) Application 19.03.241N.485 for the operation of state-wide associative entities and inter-sectoral character of cooperatives, of labor societies and of insertion enterprises, up to an amount of 300,000 euro.

(f) Application 19.03.241N.485 for the operation of state-wide associative entities and sectorial character of cooperatives and working societies up to an amount of EUR 356,730.

g) Application 19.03.241N.485 for the operation of other representative social economy entities that integrate state-wide associations of cooperatives and of labour societies up to an amount of EUR 390,000.

Article 9. Application for grants.

The deadline for submitting applications will be one month from the day following the publication of this call in the "BOE".

The applications will be presented in the official model that is inserted as an annex to the Order approving the annual call, in the General Register of the Ministry of Employment and Social Security, Calle Agustín de Betancourt, Number 4, 28003 Madrid, or in any of the places and forms provided for in Article 38.4 of Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure. Application forms can also be obtained from the General Directorate of the Autonomous Work, the Social Economy and the Social Responsibility of Companies, Pio Baroja Street, 6. 28009 Madrid and through the website of the Ministry of Employment and Social Security: http: // www.meyss.es.

An application must be submitted for each of the activities for which the grant is requested.

Article 10. Documentation to be accompanied to the requests.

The application must be accompanied by the following original documentation or a copy of the document which is authentic in accordance with the applicable legislation:

1. Common documentation for all grants:

(a) Document certifying the legal personality of the requesting entity, to which the statutes of the requesting entity will be accompanied.

b) The tax identification card of the requesting entity.

(c) Writing of sufficient and subsisting power to act before the Public Administration of the natural person acting in the name and representation of a legal person, unless the capacity for representation is contemplated in the statutes.

d) Certification in which the identification of the directors of the entity, members of its board of directors or management body, as well as the date of its appointment is recorded. Such certification shall demonstrate the presentation of such data in the relevant administrative register, where appropriate.

(e) Declaration stating the grants, aids, income or resources obtained or requested for the same purpose or, where appropriate, an express declaration of not having requested them.

The requesting entity must declare in writing before the General Directorate of the Autonomous Work, the Social Economy and the Social Responsibility of the Companies, within a period of 15 days, computed from the date on which it is granted the grant, aid, revenue or resource, or make new applications for them, the new situations that may arise in this respect.

(f) Statement responsible for not being in any of the prohibitions set out in Article 13. 2 and 3 of Law 38/2003, of 17 November, General of Grants, without prejudice to the provisions of the following paragraph.

g) Accreditation of compliance with tax obligations and with social security. The presentation of the grant application will involve the authorization of the General Directorate of the Autonomous Work, the Social Economy and the Social Responsibility of the Companies, so that it obtains directly, through certificates telematic, the accreditation of compliance by the beneficiary of its tax obligations and with the Social Security. However, the person concerned may expressly refuse the consent and must then provide the corresponding certificates in the terms provided for in Article 22 of Royal Decree 887/2006 of 21 July, approving the Regulation of Law 38/2003 of 17 November, General of Grants.

Where the beneficiary is not required to submit the declarations or documents referred to in the tax and social security obligations, he or she must prove this by means of a declaration responsible.

2. Specific documentation for each grant class:

2.1 For grants for actions to promote self-employment, social economy and corporate social responsibility, a memory of the activity to be collected must be accompanied necessarily the objectives pursued, the activities carried out over the last three years related to the one requested, the impact of the activities and indicators for their assessment, as well as a budget detailed possible expenditure and, where appropriate, the expected revenue.

2.2 For grants to finance the operation of professional associations of state-wide, cross-sectoral, state-level self-employed workers registered in the State Register of Professional Associations In addition to the documents referred to in Article 7.4.1, the following shall be accompanied

the following:

(a) Memory of the activities carried out by the requesting entity and of the services provided to its associates in the previous financial year in which the information related to the valuation criteria is described and quantified listed in Article 7.3.

(b) The last approved annual accounts accompanied by accreditative certification of such an end issued by the legal representative, as well as the revenue and expenditure budget and memory of the activities envisaged for the exercise in which the grant is requested.

(c) TC1 and TC2 documents for the contribution to the Social Security of the requesting entity and the associated entities, as well as for which, where appropriate, represent it in each autonomous community, corresponding to the six months prior to the one in which the call is published.

(d) Certificate of evidence that the applicant entity or its integrated entities associate self-employed persons engaged in their activity in at least three economic sectors, among those of agriculture, industry, construction and services.

2.3 For grants to finance the operation of associations at the state level of cooperatives, industrial companies and associations of a cross-sectoral nature of integration undertakings, accompany, in addition to the documents listed in Article 7.4.2, the following:

(a) Memory of the activities carried out by the requesting entity and of the services provided to its associates in the previous financial year in which the information related to the valuation criteria is described and quantified listed in Article 7.3.

(b) Last approved annual accounts accompanied by accreditative certification of that end issued by the legal representative, as well as the revenue and expenditure budget and memory of the activities envisaged for the financial year in which the grant is requested.

(c) TC1 and TC2 documents for the contribution to the Social Security of the requesting entity and associated entities for the six months preceding the month in which the call is published.

(d) Certificate of evidence of the sector or economic sectors of agriculture, industry, construction and services, in which cooperatives or working societies integrated into the applicant entity or into the entity partner perform their activity.

2.4 For grants to finance the operation of other social economy representative entities that integrate state-wide associations of cooperatives and labour companies, it must be accompanied by:

(a) Memory of the activities carried out by the requesting entity and of the services provided to its associates in the previous financial year in which the information related to the valuation criteria is described and quantified listed in Article 7.3.

(b) The last approved annual accounts accompanied by accreditative certification of such an end issued by the legal representative, as well as the revenue and expenditure budget and memory of the activities envisaged for the exercise in which the grant is requested.

(c) TC1 and TC2 documents for the contribution to the Social Security of the requesting entity for the six months preceding the month in which the call is published.

Article 11. -Concession procedure.

1. The procedure for granting such grants shall be processed under competitive competition as referred to in Article 22.1 of Law 38/2003 of 17 November, General of Grants.

2. The procedure is initiated on its own initiative by means of a call approved by this Order of the Ministry of Employment and Social Security published in the Official Gazette of the State.

3. The management and instruction of the concession procedure will correspond to the Directorate General of the Autonomous Work, the Social Economy and the Social Responsibility of the Companies, which will carry out the necessary actions according to the provided for in Article 24 of Law 38/2003 of 17 November, General of Grants.

4. Once the examination and evaluation of the applications have been carried out, the applications will be submitted to the Commission for Evaluation, the collegiate body provided for in Article 22.1 of Law 38/2003 of 17 November, General of Grants, which will be integrated by the following members:

President: Deputy Director General of the Social Economy and Social Responsibility of Enterprises.

Vocals: four officials from the General Directorate of Autonomous Labour, the Social Economy and the Social Responsibility of Enterprises, one of whom will act as Secretary, appointed by the Director General of Labour Autonomous, Social Economy and Corporate Social Responsibility.

5. The Directorate-General for Autonomous Labour, the Social Economy and the Social Responsibility of Enterprises, in the light of the dossier and the report of the Evaluation Committee, will formulate a corresponding motion for a resolution.

In the event that the jurisdiction to issue a resolution corresponds by delegation to the Director General of the Autonomous Work, the Social Economy and the Social Responsibility of the Companies, the motion for a resolution will be by the Deputy Director General of the Directorate-General for Autonomous Labour, the Social Economy and the Social Responsibility of Enterprises.

6. The competence to dictate the decision, which will be final, corresponds to the Secretary of State for Employment, who has delegated it to the Director General of the Autonomous Work, the Social Economy and the Social Responsibility of the Companies, in the event that the amount of the subsidy does not exceed the amount of EUR 300,500, as set out in Order ESS/619/2012 of 22 March, which delegates and approves the delegations of the exercise of powers in the the administrative bodies of the Ministry of Employment and Social Security, its public bodies dependents.

7. The granting of these grants shall be subject to compliance with the requirements set out in Article 9.4 of Law 38/2003 of 17 November, General Grant.

8. The maximum period for resolving and notifying the decision shall be six months, after the publication of this Order in the "Official State Gazette". After that period has not been notified, the grant application may be deemed to be rejected, in accordance with the provisions of Article 25.5 of Law 38/2003 of 17 November, General of Grants.

9. The decision of the procedure shall be notified to the persons concerned in accordance with the provisions of Article 26 of Law 38/2003 of 17 November, General of Grants, which shall be notified by registered mail and shall be displayed in the Bulletin board of the Directorate General of Autonomous Labour, Social Economy and Social Responsibility of Enterprises.

10. The decision shall terminate the administrative procedure and may, within two months of the day following that of its notification, bring an action against the administrative procedure before the relevant Court Chamber. National. This may be brought within one month from the day following that of the notification of the decision, a replacement for the Director-General of the Autonomous Labour Office, the Social Economy and the Social Responsibility of the undertakings, taking into account the fact that, if this remedy is brought before the Court of Justice, the administrative-administrative action may not be brought before it is expressly resolved or the alleged dismissal of the appeal has occurred. replacement.

Article 12. Payment of the grant.

1. The payment of the grant shall be in advance and shall be made to the beneficiary of the grant on a quarterly basis from the date of the granting of the grant and shall involve the provision of funds prior to the justification, such as the financing necessary to enable the actions inherent in the grant to be carried out, in accordance with the second paragraph of Article 34.4 of that Law 38/2003 of 17 November, General of Grants. The amounts corresponding to the quarters already due before the date of the granting resolution shall be cumulated with the payment of the quarter in which the decision is made.

2. Prior to the authorisation of the accounting documents OK for the recognition of obligations and the proposal for payment, the beneficiary of the grant shall provide a responsible declaration of non-payment by a decision of the Grant refund procedure.

3. Once the first payment of the subsidy has been made, in order to be able to proceed to successive fertilisers, the beneficiary institution must present a report on the degree of compliance with the subsidised activity for the quarters. prior to that in which each of the successive OK accounting documents for the recognition of obligations and the proposal for payment is to be authorised.

Article 13. Obligations of the beneficiaries.

It is the obligations of the beneficiary that are generally listed in Article 14 of Law 38/2003 of 17 November, General of Grants, and in particular the following:

(a) Enter the total amount of the grant awarded into an open bank account exclusively for the income and payments made under that grant.

To entities that have adapted their accounts to the General Accounting Plan or who have chosen to use the accounting records system developed by the General Intervention of the State Administration will not be application of the obligation referred to in the preceding paragraph.

b) Carry out separate accounting, or appropriate accounting code for all transactions related to the subsidised activity.

c) Communicate any modification that occurs with respect to the circumstances and conditions taken into account for the concession, as well as the commitments and obligations assumed by the beneficiary.

d) Incorporate the institutional image of the Ministry of Employment and Social Security, as well as legends regarding public funding in posters, printed materials, electronic or audiovisual media, or in terms of reference made in the media, in the manner and manner determined by the granting resolution.

e) Credit the performance of the performance which bases the grant of the grant, as well as the fulfilment of the purpose, of the requirements and conditions that determine the grant of the grant and those that are establish in the granting resolution.

(f) Present the supporting account referred to in Article 14.

g) Submit to the verification actions to be carried out by the Inspection of Labor and Social Security, to those of financial control that correspond to the General Intervention of the State Administration in relation to the grants awarded, and those provided for in the legislation of the Court of Auditors.

Article 14. Justification for the grant.

The justification for the subsidy will be the form of the supporting account with the contribution of supporting documents, in accordance with the provisions of Article 72 of the Royal Decree 887/2006 of 21 July, which approves the Regulation of Law 38/2003 of 17 November, General of Grants and shall contain the following documentation:

1. Memory of the justification for the fulfilment of the conditions imposed in the grant of the grant, with an indication of the activities carried out and the results obtained.

2. Economic memory supporting the cost of the activities carried out, which shall contain:

(a) A classified relationship of the expenditure of the activity, with the identification of the creditor and the document, its amount, date of issue and, where applicable, the date of payment.

(b) invoices or documents of equivalent probative value in the commercial legal traffic or with administrative efficiency incorporated in the relationship referred to in the preceding paragraph and the supporting documentation of the payment, in original accompanied by photocopies of the same or certified photocopies. The original supporting documents submitted shall be marked with a stamp, indicating the subsidy for which the justification has been submitted and the exact amount to be attributed to the subsidy.

(c) Indication, where appropriate, of the criteria for the allocation of the general and/or indirect costs incorporated in the ratio referred to in paragraph (a)

(d) A detailed list of other income or subsidies that have financed the activity supported with an indication of the amount and its provenance.

e) The three budgets which, pursuant to Article 31.3 of the General Law of Grants, must have been requested by the beneficiary.

(f) Certificate issued by the legal representative of the entity benefiting from the grant, supporting the total cost of the activity, unbundled in the various items included in the budget presented for the grant of the grant.

g) If applicable, the payment card for the refund in the case of unapplied remaining, as well as the interest derived therefrom.

3. Where appropriate, depending on the purpose of the grant, a copy of the publication, the text of the available papers or the documentation submitted to the participants.

4. If the time limit for justification has expired, the entity receiving the grant shall not have submitted the documents listed in this Article, the obligation to justify shall be breached, with the consequences laid down in Articles 30.8 and 37 of Law 38/2003, of 17 November, General of Grants and Articles 19 and 20 of this Order.

Article 15. Time limit for justification.

The deadline for submitting the supporting documentation for the grant will be 28 February 2013.

Article 16. Concurrency with other grants.

The subsidies provided for in this Order shall be compatible with any other class of grants, aid or income obtained for the same purpose. Notwithstanding the foregoing, the amount of the grants shall in no case be such that, in isolation or in competition with other grants, aid, revenue or resources for the same purpose, it exceeds the cost of the activity subsidised.

Article 17. Amendment of the granting resolution.

The concurrent obtaining for the same activity of other grants or aid granted by other Administrations or public or private, national or international, once communicated to the instructor in the deadline of 15 days from the time of knowledge of their procurement, it may give rise to the modification of the procurement.

Article 18. Graduation criteria.

If the eligible activity was made up of several phases or actions, with differentiated budgets, and could identify targets linked to each of them, the amount of the grant to be paid by the the beneficiary shall be the beneficiary of the actual stages or actions in which the intended objectives for each of them have been met.

Article 19. Responsibility and sanctioning regime.

The beneficiary organisations or organisations will be subject to the responsibility and sanctioning regime which, in respect of administrative infringements in the field of grants, provides for Title IV of the Royal Decree 887/2006, dated July 21, for which the Regulation of Law 38/2003, of 17 November, General of Grants is approved.

They will also be subject to the provisions of Title IX of the Law of Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999 and Royal Decree 1398/1993, of 4 August, approving the Rules of Procedure for the exercise of sanctioning powers.

Article 20. Reimbursement of subsidies.

The recovery of the amounts received and the requirement of the interest of the corresponding delay from the moment of payment of the subsidy until the date on which the origin of the refund is agreed, in the cases established in Articles 36.4 and 37 of Law 38/2003 of 17 November, General of Grants.

The subsidy shall also be reimbursed in the event that the subsidy is not justified within the time limit set out in Article 15.

The refund procedure shall be in accordance with Chapter II of Title II of Law 38/2003 of 17 November, General of Grants and Chapter II of Title III of the Regulation of this Law, approved by Royal Decree 887/2006, dated July 21.

Single repeal provision. Regulatory repeal.

Order TIN3440/2009, dated 16 December, is hereby repealed, laying down the regulatory basis for the granting of grants to activities promoting the social economy, social responsibility for the social economy, (a) companies and self-employed persons, and to cover the operating costs of associations of cooperatives, labour companies, insertion firms, self-employed workers and other representative bodies of the social economy at work state.

Final disposition first. Extra duty.

As not provided for in this Order, the provisions of Law 38/2003 of 17 November, General of Grants, Royal Decree 887/2006 of 21 July, which is approved by the Law of Law, will be applied. General of Grants and Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Final disposition second. Powers of development.

The Director General of the Autonomous Labour, Social Economy and Social Responsibility of the Companies is empowered to issue the Resolutions necessary for the implementation of this Order, as well as to resolve the doubts (c) specific measures to be taken in relation to the same.

Final disposition third. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, August 1, 2012. -Minister of Employment and Social Security, Fatima Banez García.

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