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Order Hap/1638/2012, 16 July, Amending The Order Of The Ministry Of Finance Of 12 December 2000, Which Regulates The Development Of The General State Account.

Original Language Title: Orden HAP/1638/2012, de 16 de julio, por la que se modifica la Orden del Ministerio de Hacienda de 12 de diciembre de 2000, por la que se regula la elaboración de la Cuenta General del Estado.

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TEXT

Law 47/2003, of November 26, General Budget, regulates, in its articles 130 and following, the structure of the General Account of the State, its formation by the General Intervention of the State Administration as well as its further referral to the Court of Auditors.

By Order of the Ministry of Finance of 12 December 2000, the General Account of the State was regulated. That Order was subsequently amended by Order EHA/553/2005 of 25 February, by Order EHA/1681/2009 of 12 June 2009 and by Order EHA/2043/2010 of 22 July 2010 with the aim of introducing a series of corrections proposed by the Joint Committee for relations with the Court of Auditors, as well as adapting its structure to the new accounting rules applicable.

There are currently a number of circumstances that make it necessary to modify the Regulatory Order of the State General Account again.

First, the approval of the General Plan of Public Accounting, by Order EHA/1037/2010, of April 13, makes it necessary to amend the second section of the Order "The General Account of the administrative public sector", thus as Annexes I "Structure of the General Account of the administrative public sector" and V "Structure of the General Account of the aggregate administrative public sector", to include in that Account General two new states: the State of changes in the net worth and the cash flow statement, as well as to modify the structure of the Balance and the account of the economic-wealth result.

Secondly, and following the proposal of the Joint Committee for Relations with the Court of Auditors in its Resolution on the Declaration on the General Account of the State of the financial year 2008, it is necessary to amend the structure of the state of liquidation of the consolidated budget, which is included in Annex I "Structure of the General Account of the administrative public sector", in respect of that set out in the Order of 12 December 2000, to extend the budget implementation that are presented on a consolidated basis.

In the order of 12 December 2000, only the phases of recognition of obligations and rights were collected, and now extended to all the phases provided for in the General Plan of Public Accounting. This improvement that is now regulated, was incorporated from the General Account of the administrative public sector for the financial year 2010.

It is also necessary to amend point 3.3 of the fifth paragraph of the "Memory" Order to regulate the integration of the consolidated accounts of insurance institutions, in a manner analogous to the provisions of the business groups in the the General Account of the business public sector, as well as the structure of the aggregate account of the insurance entities set out in Annex IV of the Order, in order to adapt it to the consolidated models of the insurance institutions.

Finally, the structure of the state of liquidation of the operating and capital budgets of the administrative public sector entities with an estimated budget, as well as those of the public sector, is established. business and foundation, according to which the Directorate-General for Budgets will define annually.

As a result, it is necessary to approve a further amendment to the aforementioned Ministerial Order of 12 December 2000, in order to introduce the aforementioned changes.

In addition, the single additional provision of the standard defines the information on administrative procurement that the General Administration of the State must include in its annual accounts for the financial years 2011 and 2012.

Thus, in the use of the powers that the Minister of Finance (currently Minister of Finance and Public Administration) grants Article 124 of the General Budget Law, on a proposal of the General Intervention of the State administration, this rule amends the Order of the Ministry of Finance of 12 December 2000, which regulates the elaboration of the General Account of the State,

In its virtue, according to the State Council, I come to have:

Single item. Amendment of the Order of 12 December 2000 regulating the development of the General Account of the State.

The following paragraphs of the Order of 12 December 2000 are amended, regulating the elaboration of the General Account of the State:

One. Amendment of the second paragraph "General account of the administrative public sector".

1. Point 1.1 'Delimitation' is amended, which is worded as follows:

" The General Account of the administrative public sector, shall be formed by the consolidation of the balance sheet, the account of the economic income, the state of changes in the net worth, the statement of cash flows and the state of settlement of the budget of the State public sector entities that form their accounts in accordance with the accounting principles and standards set out in the General Public Accounting Plan and its implementing rules. "

2. Point 3.1 'Definition' is amended, which is worded as follows:

" The application of the global integration method involves the processing of:

• A balance sheet in which the assets, liabilities and net worth of the entities referred to in point 1.2 of this paragraph are included.

• An account of the economic outcome in which all income and expenses that are incurred in determining the outcome of such entities shall be included.

• A state of net worth changes in which changes in the net worth of such entities will be reported.

• A state of cash flows in which the origin and destination of the movements in the cash-representative cash items and other equivalent liquid assets of those entities shall be reported.

• A state of settlement of the budget in which all revenue and budgetary expenditure cleared by the entities referred to in point 1.2 of this second paragraph, the budget of which is limited, shall be included; and which is included in the General Budget Law of the State of each financial year.

These states shall be drawn up once the homogenizations and removals which they have obtained have been carried out, in accordance with the following paragraphs, unless such homogenizations or eliminations offer little interest. relevant for the purpose of achieving the true picture of the financial and financial situation and of the economic and budgetary results of the set of entities that are integrated into the General Account of the administrative public sector. '

3. Paragraph 2 of point 3.2.1 'Temporary homogenisation' is amended, which is worded as follows:

" 2. Where, during a financial year, an institution becomes integrated or falls outside the General Account of the public administrative sector, the accounting information to be consolidated, the accounting information to be consolidated shall be related only to the part of the financial year in which that institution has been part of that General Account. '

4. Point 3.4.1 'Removed from reciprocal items' is amended, which is worded as follows:

" 3.4.1.1 Elimination of reciprocal balance sheet items.

For the compilation of the consolidated balance sheet of the General Account of the administrative public sector, those assets of the entities incorporated in the General Account that assume liabilities or net worth of other entities integrated in the same.

3.4.1.2 Reciprocal expenses and revenue.

For the elaboration of the account of the economic income and the state of changes in the consolidated net worth of the General Account of the administrative public sector, the expenses of the entities shall be eliminated integrated into the same as revenue for other entities integrated into this General Account.

3.4.1.3 Cobros and reciprocal payments.

For the compilation of the consolidated cash flow statement of the General Account of the administrative public sector, the collections of the entities incorporated therein that constitute payments for other entities shall be eliminated. integrated into this General Account.

3.4.1.4 Budgetary expenditure and reciprocal budgetary revenue.

For the purposes of drawing up the consolidated statement of the consolidated budget of the General Account of the administrative public sector, operations relating to the budgetary implementation stages provided for in this Regulation shall be eliminated. the settlement status that is performed between entities integrated into this General Account. "

5. Point 4.1 'Definition' is amended, which is worded as follows:

" The application of the proportional integration method involves the incorporation of the following elements into the financial statements mentioned in point 3.1 of this second paragraph:

• The assets, liabilities and net worth of the institutions to be consolidated by the proportional integration method shall be incorporated in the balance sheet referred to in point 3.1 above, in the proportion representing the shares in the the entities referred to in point 1.2 above in those entities.

• The income and expenses incurred in determining the result of the entities to be consolidated by proportional integration shall be incorporated, in the proportion indicated in the preceding point, into the account of the result economic-heritage referred to in point 3.1 of this second paragraph.

• Income and expenses attributable to the net worth of institutions to be consolidated by proportional integration shall be incorporated, in the ratio indicated in the preceding points, to the state of changes in net worth referred to in point 3.1 of this second paragraph.

• The charges and payments of the entities to which the method of proportional integration applies shall be incorporated, in the ratio indicated in the preceding points, to the statement of cash flows referred to in point 3.1. of this second section.

• The budgetary revenue and expenditure cleared by the institutions to be consolidated by proportional integration shall be incorporated, in the proportion indicated in the preceding points, into the statement of the budget referred to in point 3.1 of this second paragraph.

All this will be done without prejudice to the previous homogenizations and the adjustments and removals that are relevant. "

6. Point 4.2 'Applicable criteria' is amended, which is worded as follows:

" The rules set for global integration will be applied to the proportional integration method, taking into account the following:

The aggregation to the consolidated accounts of the various balance sheet items, the account of the wealth economic result, the state of changes in equity, the state of cash flows and the state of the settlement of the budget of the institutions to be consolidated by the proportional integration method shall be carried out in the proportion representing the units of the entities referred to in point 1.2 above.

Reciprocal items and results from internal operations shall be eliminated in the ratio indicated in the preceding paragraph. "

7. Paragraph 1 of Section 6.1 'Composition' is amended as follows:

" 1. The General Account of the administrative public sector comprises the consolidated balance sheet, the consolidated wealth economic income account, the consolidated net worth changes status, the consolidated cash flow statement and the the state of liquidation of the consolidated budget. These states constitute a unit. "

8. Paragraph 1 of Section 6.3 'Consolidated balance sheet' is amended as follows:

" 1. The consolidated balance sheet shall comprise, with the level of detail specified in Annex I, the assets, liabilities and net worth of the entities that are integrated into the General Account of the administrative public sector. '

9. The following points 6.5 'State of changes in consolidated net worth' and 6.6 'Consolidated cash flow statement' are added with the following wording, passing the current point 6.5 'State of settlement of the budget' consolidated " to be the point 6.7, with the same name.

" 6.5 Status of changes in consolidated net worth.

The status of changes in consolidated net worth is divided into two parts:

• The first, called 'Total State of Changes in Consolidated Net Worth', which shall comprise, with the level of detail specified in Annex I, changes in net worth by distinguishing the adjustments in the net worth due to changes in accounting criteria and corrections of errors, revenue and expenditure recognised in the financial year and other changes in net worth.

• The second, called 'Statement of consolidated income and expenses' ', which shall comprise, with the level of detail specified in Annex I, changes in the net worth resulting from the economic result assets, revenue and expenditure directly recognised in the net worth and transfers to the wealth economic income account, or to the initial value of the item covered, revenue and expenditure directly recognised in the net worth.

The statement of revenue and expenditure shall be made in the light of the fact that, in addition to the figures for the financial year, the figures for the preceding financial year must be included in each item. However, for the first financial year in which this rule enters into force, the figures for the preceding financial year may be omitted.

6.6 Consolidated cash flow status.

1. The consolidated cash flow statement shall inform, with the level of detail specified in Annex I, the origin and use of the cash representative cash assets and other equivalent liquid assets of the institutions. which are integrated into the General Account of the administrative public sector and shall indicate the net variation suffered by them in the financial year.

2. The statement of consolidated cash flows shall be made in the light of the fact that, in addition to the figures for the financial year ending, the cash flows shall be included in the preceding financial year. However, for the first financial year in which this rule enters into force, the figures for the preceding financial year may be omitted. '

10. The title of point 7.2, which becomes "Information to be submitted by the entities to which the Order of 14 July 2011 of 14 July 2011 is applied, is amended by which the Accounting Instruction of the Institutional Administration is approved." of the State ".

Two. Modifying the fifth "Memory" section.

1. Paragraphs 1, 2, 3 and 4 of point 2.5 'Aggregate information' become paragraphs 2.5.1, 2.5.2, 2.5.3 and 2.5.4, while maintaining the same name and content.

Subparagraphs 2.1 to 2.7 of paragraph 2.5.2 "Other aggregated budgetary information" shall become sub-paragraphs (a) to (g) with the same name and content.

2. Sub-paragraph (h) 'Remainder of the treasury' is added to paragraph 2.5.2 'Other aggregated budgetary information'.

3. Paragraph 2.5.3 of point 2.5 "Aggregate information" is amended, which shall be amended as follows:

" 2.5.3 Liquidation of operating and capital budgets.

The aggregate settlement of the operating and capital budgets of the administrative public sector entities whose budgets are included in the General Budget Law of the State of each exercise, in accordance with the models approved each year by the Directorate-General for Budgets. "

4. Point 3.3 'Relation of entities not integrated in this General Account' is amended, which is worded as follows:

" Entities not integrated in this General Account shall be ordered according to the causes of their non-inclusion and, within each of them, according to their legal form and the Ministry to which they are attached or dependent.

The accounts of the insurance entities will be aggregated independently. The aggregated balance sheet, the aggregate profit and loss account, the status of changes in the aggregate net worth and the statement of aggregate cash flows shall be drawn up in accordance with the models set out in Annex IV to this Order, be included in the Memory. In the case of business groups whose parent entity is an insurance institution and which are required to present consolidated accounts, the accounts to be integrated shall be those of the group.

Credit institutions ' accounts will be consolidated independently. The consolidated balance sheet, the consolidated profit and loss account, the status of changes in consolidated net worth and the statement of consolidated cash flows shall be drawn up in accordance with the models set out in Annex IV to this Order, must be included in the Memory. "

5. Point 3.7 'Liquidation of the operating and capital budgets' is amended as follows:

" The aggregate settlement of the operating and capital budgets of the business public sector entities whose budgets are included in the General Budget Law of the State of each exercise in accordance with the models approved each year by the Directorate-General for Budgets. "

6. Point 4.5 'Liquidation of the operating and capital budgets' is amended as follows:

" The aggregate settlement of the operating and capital budgets of the public sector entities whose budgets are included in the General Budget Law of the State of each exercise in accordance with the models approved each year by the Directorate-General for Budgets. "

Three. Amendment of the Annexes.

The contents of Annexes I "Structure of the General Account of the administrative public sector", IV " Structure of the Account Aggregate of insurance entities and of the Consolidated Account of credit institutions are amended to include in memory "and V" Structure of the General Account of the aggregate administrative public sector " of the Order of December 12, 2000, which will have the content provided for in the Annex of this Order.

Single additional disposition. Information on the administrative procurement of the General Administration of the State concerning the accounts of the financial years 2011 and 2012.

The information on administrative procurement that is included in note 20 of the account of the General Administration of the State shall relate to the accounts for the financial years 2011 and 2012 only for the expenditure of the investment.

Single end disposition. Entry into force.

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

Madrid, July 16, 2012.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.

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