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Royal Decree 38/2010 Of 15 January, Amending The Regulation On Cooperation Of The Mutual Of Accidents And Professional Illnesses Of The Social Security, Approved By Royal Decree 1993 / 1995 Of 7 December.

Original Language Title: Real Decreto 38/2010, de 15 de enero, por el que se modifica el Reglamento sobre colaboraciĆ³n de las mutuas de accidentes de trabajo y enfermedades profesionales de la Seguridad Social, aprobado por el Real Decreto 1993/1995, de 7 de diciembre.

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TEXT

Royal Decree 1765/2007 of 28 December 2007 amending the Regulation on the cooperation of mutual occupational accidents and occupational diseases in the field of social security, approved by Royal Decree 1993/1995, On 7 December, it has given new wording to Article 14 of the abovementioned Regulation, to which it adds a paragraph 2, which provides for the possibility for mutual associations to establish the mechanisms for cooperation and cooperation between them. necessary, by means of the pooling of instruments, means and services, in order to obtain the greater efficiency and rationalisation in the use of resources managed by them.

The implementation, following the publication of the royal decree cited, of some forms of cooperation and collaboration between each other, has evidenced the need for a more detailed regulation of the different aspects that can In the case of mutual funds by mutual funds, what is being implemented by means of this royal decree, which incorporates a new title-the III-in which the institutions and the joint institutions are regulated, is incorporated into the Regulation as follows: the instruments through which mutual means can be carried out by mutual means and the instruments are provided for essential aspects of such a pooling, to which those will have to adapt and accommodate their Statutes.

At the same time, and at the same time as the most effective and rationalisation in the use of public resources which are managed by mutual societies, the modification of some of the mechanisms or mechanisms is also considered necessary. instruments provided for in the regulation on cooperation for the exercise of coordination and supervision on mutual assistance to the Ministry of Labour and Immigration, replacing them with more flexible and effective, and contributing to to speed up and facilitate the management of mutual societies. To this end, the amendments introduced in Article 12 of the Regulation and the reference to the implementing and development provisions, in which these mechanisms will be put into effect, are addressed.

In this line of rationalisation of resources and efficiency in management, the amendments to Article 13, which refer to the strengthening of control mechanisms, incompatibilities and separation, are also included. effective management of social security prevention societies.

In the procedure for drawing up this royal decree, the Ministry of Territorial Policy has issued a report, in accordance with the provisions of Article 24.3 of Law 50/1997 of 27 November of the Government.

In its virtue, on the proposal of the Minister of Labor and Immigration, with the prior approval of the First Vice President of the Government and Minister of the Presidency, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 15 January 2010,

DISPONGO:

Single item. Amendment of the Regulation on the collaboration of mutual occupational accidents and occupational diseases, approved by Royal Decree 1993/1995 of 7 December 1995.

The Regulation on the collaboration of mutual occupational accidents and occupational diseases, approved by Royal Decree 1993/1995 of 7 December 1995, is amended as follows:

One. Article 12 is worded as follows:

" Article 12. Health and recovery services.

1. Mutual occupational accidents and occupational diseases in the field of social security may establish health and recovery facilities and services for the provision of due care and the full recovery of workers. included in the scope of mutual protection.

The use of these services, as they are intended for the coverage of benefits included in the protective action of Social Security and integrated into the National Health System, should be coordinated with those of public health administrations.

The creation, modification and deletion of the aforementioned health facilities and services and recuperators will require the authorization of the Ministry of Labor and Immigration, after assessment and report, prescriptive and decisive, of the competent health authorities regarding the location and characteristics of the proposed facilities and services and of their suitability for the purposes to be met, and shall comply with the provisions laid down in this legislation specifies that it is applicable in the autonomous community where they are located, and in the implementing and development provisions. If the creation or modification of health facilities and services or recuperators takes the performance of property operations, the procedure laid down in the corresponding articles of this regulation shall be the case.

For the purposes referred to in the preceding paragraph, changes in health centres and services shall be understood to mean any action taken on these and involving substantial variations in the type of performance. health care provided from them, whether or not it involves changes or physical alterations of the facilities where they are located.

In the planning of health facilities and services and retrievers referred to in the preceding paragraphs, the participation of the mutual, if any, in the joint entities and centres shall be taken into account regulated in Title III of this Regulation.

2. The facilities and services referred to in the preceding paragraph shall meet the precise conditions for the correct and effective provision of the assistance to which they are intended. In this sense, mutual associations must prove to the Ministry of Labour and Immigration the sufficiency of these facilities and services, granted by the corresponding bodies of the autonomous communities competent in this field.

3. In the event of a lack or insufficiency of own resources, mutual, in the terms and conditions laid down in the implementing and development provisions, may make the health and recovery benefits available to them by means of concerts with other mutual associations, public health authorities or private media, which shall be notified to the Ministry of Labour and Immigration within one month of their formalisation and shall be dealt with, as soon as it is applicable, compliance with Law 30/2007 of 30 October of Public Sector Contracts.

The formalisation of concerts with private media will require the prior existence of functioning health facilities, which have the required authorisation of the competent health authority and which carry out the the health service or the recuperator object of the concert exclusively with its own resources, without any contribution of personal or material means by the mutual during the validity of the concert. However, exceptionally and in the light of concurrent circumstances, the Ministry of Labour and Immigration may authorise surgical or post-surgical treatments to be provided with personal means of mutual benefit, in duly authorised agreed hospital centres.

Such concerts will not be able to assume the substitution of the contributing function attributed to these entities nor to enable the use by third parties, for profit, of the services or of the facilities or means of the same. In any event, the compensation provided for may not consist of the delivery of a percentage of the quota.

Mutual organisations may agree to the provision of clinical professional services with natural or legal persons.

4. In the same way, mutual societies may agree to the use of their health facilities and services and recovery services by other mutual and public health authorities, as well as by the social security management bodies, in accordance with the provisions of Law 30/2007 of 30 October, as soon as it is applicable.

5. In the light of the circumstances in each case, the Ministry of Labour and Immigration may authorise the mutual use of their health and recovery facilities for the provision of assistance in cases other than those of provided in the previous section.

6. The facilities and services referred to in paragraph 1 shall carry books of assistance and complaints, and shall keep the data on their activity up to date, and be obliged to provide all data and statistics required by them. competent bodies, also subject to the inspection and control of public health administrations.

7. The revenue which the mutual occupational accidents and occupational diseases of the Social Security can generate in the health facilities and services and recuperators referred to in this article, as a consequence of the benefits and services to persons other than their collective of protected workers shall, in any event, have the character of Social Security resources, integrated as revenue in the relevant budget accounting headings. "

Two. Article 13.3 (d) is worded as follows:

(d) the activities of the prevention societies shall be carried out with complete independence and autonomy from the services provided by mutual societies for the prevention of accidents at work and occupational diseases; refers to paragraph 1. For these purposes, the organisation, facilities, staff and equipment necessary for the development of the activity must be available. In this sense, no worker at the service of the mutual, whatever his or her category, may receive any remuneration, incentive or salary supplement from the prevention society for any reason, nor shall the workers of the perceive them of the mutual.

Prevention societies may arrange for the development of preventive activities under the same conditions and with the same intended scope for other non-foreign prevention services. "

Three. Paragraph (f) of Article 13.3 is read as follows:

" (f) The members of the board, directors-managers, managers or assimilated persons, or any other person exercising the functions of executive management of a mutual, may not exercise as administrators or members of the the governing bodies of the prevention societies, or the exercise or the development of functions of executive management of any kind in such companies, which does not affect the functions of intervention and representation in the seat of the general meeting of such companies; companies, where it is called for the adoption of the relevant agreements.

In addition, the administrators, members of the governing bodies, managers or assimilated persons or any other person exercising the functions of executive management of a prevention society shall be subject, in relation to the mutual which has its share capital, the prohibitions laid down in Article 76 of the recast of the General Law on Social Security, adopted by the Royal Legislative Decree 1/1994 of 20 June.

It shall apply to the prevention societies, in their status as a foreign prevention service, as established in the field of incompatibilities in Article 17 (c) of the Prevention Services Regulation, approved by the Royal Decree 39/1997 of 17 January. '

Four. Article 14 (2) is repealed.

Five. Article 35 (3) is worded as follows:

" 3. The Managing Director shall not be able to buy or sell for himself any assets of the entity or to contract with the mutual business activity either directly or by person or entity.

For these purposes, the operation is understood to be performed per person or entity that is interposed when it is executed by a person united by a link of direct or collateral in line, consanguinity or affinity, to the fourth degree (a) including, by a representative or a trustee, or by any company in which it has a direct or indirect share of 25% or more of the share capital or carries out functions involving the exercise of decision-making power. "

Six. A Title III is added, with the following wording:

" TITLE III

Collaboration and cooperation between mutuals

CHAPTER I

Common Provisions

Article 91. Modalities of collaboration and cooperation between mutual societies.

1. With the aim of achieving greater efficiency and rationalisation in the use of managed resources, mutual societies will be able to establish between themselves the mechanisms of cooperation and cooperation which are necessary for the best development of the powers that they are legally entrusted with.

2. Without prejudice to other possible forms of collaboration which may be established in accordance with the above paragraph, the Ministry of Labour and Immigration may, in order to achieve the objectives referred to above, authorise two or more mutual parties to (a) common to the means necessary for the development of its management, which may take the following forms:

(a) Joint entities, through which the pooling of all the instruments, means, facilities and services assigned to the mutual partners, whether pre-existing or not, may be carried out in order to the increased efficiency in the use of public resources managed by those resources.

(b) Joint centres for the pooling of resources for the purpose of establishing health facilities and services and recovery services for the provision of assistance and recovery of workers included in the field protection of mutual members.

3. The entities and the joint centres shall be treated as members of the mutual partners in the development of their activities, which shall be carried out under the direction and supervision of the Ministry of Labour and Immigration.

Article 92. Heritage and non-profit.

1. The revenue from the Social Security contributions of the mutual-members and those obtained by the institutions and the joint institutions as a result of their management, as well as the movable or immovable property in which they may be invested. Revenue is part of the Social Security patrimony and is affected to the fulfillment of the social security.

2. The same character and affectation shall have the revenue which the institutions and the joint institutions may generate in the health facilities and services and in the recovery of common positions by the mutual partners as a result of the waiver of benefits and services to persons other than the collective of workers protected by mutual partners.

3. The activity of the entities and the joint centres shall in no case be of the basis of commercial profit or of the granting of benefits of any kind in favour of the mutual members.

For these purposes, the provision of services and the carrying out of property operations by mutual members through the institution or centre shall not be considered as commercial profit. Joint.

Article 93. Legal regime.

1. Given the functions that the entities and the joint centers can assume, the same ones have the nature of mutual, being subject to the regulatory norms of these, and, specifically, to that contained in this regulation, in the Royal Decree 1221/1992, of 9 October, on the Heritage of Social Security, in Law 47/2003, of 26 November, General Budget, and in Law 30/2007 of 30 October, all without prejudice to the particularities provided for in the present title.

They will also be subject to the internal control exercised by the General Intervention of Social Security, in the terms provided for in Law 47/2003 of 26 November, and in its implementing rules.

2. The resolution authorizing the establishment of the joint institutions and institutions shall approve the statutes, which shall, necessarily, collect the rights, obligations, form of financing by the mutual partners, the governing regime, administration, economic regime and functions to be developed, which will comply with the requirements contained in this Regulation and other implementing rules.

3. Approved the establishment of the joint institutions and institutions, shall be recorded in the register that will be carried out for these purposes, dependent on the Secretariat of State of Social Security, and must be published in the "Official State Gazette".

4. Once entered in the register, the entities and the joint centres shall have their own legal personality and shall enjoy full capacity to acquire, hold, tax or dispose of goods and rights and perform all kinds of acts and contracts or exercise rights or actions on the same terms as the mutual partners, all of which is ordered to carry out the purposes for which they are entrusted and in accordance with the provisions of this Regulation and other implementing rules.

Article 94. Economic and accounting arrangements.

The entities and the joint institutions shall establish and execute their budgets and keep their accounts in accordance with the provisions of this type of entities in Law 47/2003 of 26 November, and in their rules of development.

Article 95. Criteria for participation.

For the purposes of Article 91 (2) (a), where the pooling of instruments, means, facilities and services is carried out only among a number of the mutual partners, the criteria may be laid down. to determine the limited participation of such mutual members.

Article 96. Effects on the labour relations of the mutual partners.

When the formation of a joint entity or institution or the accession to an already constituted entity or institution has any consequence in the employment relations of the workers of the mutual members, the adoption of the measures relating to workers shall require the agreement with the representation of the workers or, failing that, the accreditation of the negotiations carried out in order to obtain such an agreement.

Article 97. Supplementary rules.

In all cases not provided for in this Title, the rules of application to the mutual associations of occupational accidents and occupational diseases of the Social Security, in equal terms, shall apply to the joint institutions and institutions. which is not incompatible with its nature and characteristics.

CHAPTER II

Joint Entities

Article 98. Constitution.

Mutuals who wish to constitute a joint entity must request the appropriate authorization from the Ministry of Labor and Immigration, accompanying their application with the following documentation:

1. Certification of agreements adopted by the extraordinary general meetings of the mutual promoters to constitute the joint entity.

2. Relationship of the mutual applicants, with the expression of the following ends for each of them:

(a) Health, administrative and control centres for temporary incapacity for common contingencies of their own, with which they account for their location.

b) Number of employees of the mutual employees in each of their centers.

3. Statutes for which approval is requested.

4. The plan setting out the forecasts for the pooling of existing instruments, facilities, facilities and services assigned to the mutual partners, or which are intended to be the joint entity.

5. Justification that the facilities and services resulting from the pooling of resources shall be sufficient and adequate to ensure compliance with the objectives of the partnership in the management of the social security of the mutual partners and represent greater efficiency in the use of public resources managed by them.

6. Justification, where applicable, for compliance with the provisions of Article 96.

Article 99. Authorization and registration.

1. The Ministry of Labour and Immigration, after verifying that the requirements laid down for its constitution are met in the application and that its Statutes are in accordance with the legal order, shall proceed with the approval of the the joint entity and the statutes.

Approved the constitution of the joint entity, shall be entered in the corresponding register and subsequent publication, as referred to in Article 93.3.

2. Notified to the mutual applicants the approval and subsequent registration of the joint entity, with an expression of the corresponding registration number, the entity may begin its performance.

Article 100. Content of the Statutes.

1. In the Statute of the Joint Entities, which shall expressly collect their submission to this Regulation and other implementing rules, it shall necessarily be stated:

a) Denomination, object, registered office and duration of the entity, which may be limited.

(b) Denomination of the mutual members of the joint entity, with the expression of the percentage or share of each of them in the entity.

(c) Legal framework, expressing at least the following extremes:

1. Limitation of its operations to those that are intended to collaborate in the management of Social Security attributed to the mutual participants.

2. The entity's governing and internal functioning rules, detailing the number of members to compose their governing board, as well as the powers, responsibilities, incompatibilities and prohibitions, the appointment, removal and replacement of those and the manager; the requirements to be observed in the convening of the governing board in accordance with the ordinary or extraordinary nature, the forms of representation and the conditions required for the validity of the agreements.

3. Normative concerning the modification of the statutes, with the expression of the majority required to adopt the corresponding agreement.

(d) Economic and administrative arrangements, subject to the corresponding articles of this Regulation, expressing the following:

1. Standards on the administration and disposal of the assets and resources of the Social Security managed by the entity.

2. The ordinary and extraordinary contributions of the mutual members and the regime applicable to them.

3. The declaration of the non-provenance of sharing among the mutual members of the economic benefits of any kind.

4. The prohibition that members of the governing board may receive, for the performance of such managerial positions, any kind of remuneration, with the exception of compensation to be established by the meetings of the Board, in terms established by the Ministry of Labor and Immigration.

5. The express declaration of submission to the accounting rules of application to the mutual of occupational accidents and occupational diseases of the Social Security, as well as to those whose application can be made available, if necessary, to these entities.

6. The rules on the constitution of reserves, if any, and intended destination for them, as well as for the surpluses that may be generated, in accordance with what is determined by the Ministry of Labor and Immigration.

2. Any modification of the statutes shall be subject to approval by the Ministry of Labour and Immigration.

Article 101. Conditions for the linking of the mutual to the joint entity.

1. The incorporation of mutuals into an existing joint entity shall be subject to the following formalities and conditions, regardless of the procedure laid down for the purpose in the statutes of each entity:

a) Approval on board of government with the majority established for the modification of statutes, and subsequent authorization by the Ministry of Labor and Immigration.

(b) Incorporation shall have effect on the first day of the financial year following the year in which it is authorized.

(c) The linkage shall be maintained for a minimum period of 3 years, unless the entity is dissolved.

2. Any incorporation of new ones to the existing entity will necessarily entail the modification of the statutes, which will have to collect the new shares of participation, in accordance with the provisions of the mandatory ministerial authorization.

3. Mutual participation of a joint entity shall not, in turn, be part of any other entity. The Ministry of Labour and Immigration must ensure compliance with this provision, by refraining from authorizing new additions to each other as long as they remain linked to another entity.

Article 102. Conditions for the disengagement of mutual members.

1. The mutual separation of the joint entity shall be subject to the following requirements, regardless of the procedure established for the purpose in the statutes of each entity:

(a) The will of separation shall be communicated in the manner provided for in a statutory manner, at least 6 months prior to the date of the end of the financial year.

b) Disengagement must be approved by the governing board and authorized by the Ministry of Labor and Immigration.

(c) Separation shall produce effects on the first day of the year following that of the authorization.

2. Any untying of the joint entity shall necessarily entail the amendment of the statutes, which shall collect the new shares of participation in accordance with the provisions of the mandatory ministerial authorization.

3. Decoupling entails the prohibition of linking to any other joint entity over a period of 2 years. The Ministry of Labour and Immigration will ensure compliance with this provision, while abstaining from authorizing new additions of unrelated mutuals as long as this period does not elapse.

4. Without prejudice to the provisions of the previous paragraph, and irrespective of the statutory amendment provided for in paragraph 2, the statutes of the institution may lay down additional clauses in order to avoid possible conduct or activities. on the part of the unconnected mutual benefit to the normal development of the social object of the joint entity, which would include the prohibition of the employment or commercial contract to any of the employees of the institution itself or of the remaining unit-holders.

Article 103. Exclusion of mutual members.

1. The procedure for the exclusion of a mutual member may be initiated on a proposal from the governing board or from any other mutual member when one of the following causes is present:

(a) Acts or omissions which are notoriously contrary to the common interest of the entity or which substantially impede or impede the fulfilment of its social object.

b) Serious non-compliance by the mutual of any of the obligations assumed under this regulation or in the statutes of the entity.

(c) Merger or absorption of a mutual party with another or other than the one in which the joint entity is composed, unless the resulting mutual benefit is subrogated to the rights and obligations of the party, provided that it does not form part of the of another joint entity and so authorized by the Ministry of Labour and Immigration.

2. Once the exclusion by the Ministry of Labour and Immigration has been agreed and authorized, the provisions of paragraphs 2 and 3 of the previous Article shall apply. The date of effect of the absence of the mutual exclusion shall in any event coincide with the last day of the year in which the authorisation is agreed.

Article 104. Governing and management bodies. Institutional participation.

1. The governing body of the joint entities shall be the governing board, with the composition referred to in Article 105.1.

2. The governing board shall appoint a manager, to which the execution and follow-up of the institution's ordinary management is responsible.

3. The institutional participation in the control and monitoring of the management of the joint entities shall be carried out through the control and monitoring commission of each of the mutual partners.

Article 105. Governing Board.

1. As a body responsible for establishing and directing the concrete actions to be developed by the institution to achieve a coordinated action of the mutual partners, in accordance with the guidelines established for the purpose by the governing bodies of the the governing board shall consist of the directors or directors of the board of directors of the mutual members of the institution. A representative of the workers in the service of the mutual members of the joint entity, who shall have full rights and shall be elected by and among the representatives of the workers at the general meeting, shall be a member of the governing board. of each of the mutual members referred to in Article 33.2.

2. In the absence of any contrary provision in the statutes, members of the governing board shall perform their duties for an indefinite period.

3. The governing board, without prejudice to Article 106, shall be responsible for the adoption and implementation of the agreements proposed by the governing bodies of the mutual members and other functions to be established in the statutes, including the requirement of liability to the manager, in the cases provided for in Article 107.

4. The composition of the governing board and the internal rules on meetings and adoption of agreements will necessarily be in the statutes.

5. The governing board shall be chaired by a president, elected by the members of the board, who shall be the person who holds the highest representation of the entity. The office of president shall be exercised for the period laid down in the statutes and shall not, in any event, be less than one year.

Article 106. Manager.

1. The governing board shall appoint a manager, who shall be responsible for the execution and monitoring of the institution's ordinary management, for which it shall have the powers conferred on it by the governing body for the appropriate development of the technical, administrative and economic direction of the entity.

2. The position of manager may be paid in accordance with the limits applicable to the managers ' managers of each other, unless he holds the status of the managing director of one of the unit-holders at the same time, in which case he/she shall not be entitled to remuneration for their management in the joint entity.

Article 107. Responsibility.

1. The statutes will necessarily establish the responsibility of the members of the governing board, as well as the manager, and how to make such responsibility effective. To this end, it shall be expressly stated that they respond to the social security, the joint entity and the mutual-members for the damage caused by acts contrary to the rules applicable or to the statutes, as well as by those carried out without the diligence with which they should be in charge. The joint and several liability of the members of the governing board in respect of the agreements adopted by the governing board shall also be entered, unless they prove that, having not intervened in their adoption and execution, they did not know their existence. or knowing it did everything convenient to avoid the damage or, at least, they expressly opposed it.

2. The liability action of the manager shall be carried out by the institution itself, after agreement of the governing board or, where appropriate, by the Ministry of Labour and Immigration. The agreement to promote the action will determine the suspension in office. For such purposes, any member of the mutual unit may request the meeting of the governing board to decide on the exercise of the action.

3. The action of responsibility of the members of the governing board shall be carried out by the institution itself, with the agreement of the presidents of the board of directors of the mutual members, adopted at extraordinary meeting convened for that purpose.

Article 108. Incompatibilities.

They may not hold the position of manager or carry under any other title the executive direction of a joint entity the persons who incur any of the alleged incompatibility established in this regulation. to fill the position of managing director in a mutual accident of work and occupational diseases of Social Security.

Article 109. Prohibitions.

The members of the governing board of the joint entities are subject to the same prohibitions provided for in this Regulation for members of the mutual board of directors.

Article 110. The remuneration of the members of the governing bodies, and the management.

The members of the governing and management bodies shall not be remunerated, except the manager in the case referred to in Article 106.2, and the compensation for assistance to the meetings of the governing board, all in the terms established by the Ministry of Labour and Immigration.

Article 111. Dissolution and liquidation.

1. In the case of dissolution and liquidation, the joint entities shall comply with the provisions of Chapter V of Title I of this Regulation, in so far as it is not incompatible with the nature and characteristics of these entities.

2. Any surplus resulting from the completion of the settlement process shall be entered in the General Treasury of Social Security in any event.

3. The Ministry of Labour and Immigration may agree to the dissolution and liquidation of the institution, in the event that the plan of viability, rehabilitation or sanitation referred to in Article 115.3 has not been able to remove the circumstances that resulted in their adoption.

Article 112. Economic and budgetary regime.

1. The joint entities shall draw up for each financial year their preliminary draft revenue and expenditure budgets, in which they shall, with due separation, provide all the resources they provide for and the obligations which they provide. they must attend to that exercise resulting from their activity, which will be formulated in terms of programmes.

2. Such projects, as well as the resulting budget, shall be adjusted, in their preparation and implementation, to the standards and models established by the Ministry of Labour and Immigration.

Once the projects have been approved by the respective governing bodies, they will be referred to the Ministry for, prior to the actions that are necessary in accordance with the provisions of the rules mentioned, their integration into the Social Security Budget, for the purposes of appropriate procedures.

3. The Ministry of Labour and Immigration shall establish the procedure for the proper monitoring of the implementation of the budget of the joint entities, by referring them to the aforementioned entities in the documentation and with the periodicity to be determined.

Article 113. Funding.

1. The economic resources necessary to meet the support and functioning of the entity shall consist of:

(a) Contributions from the mutual partners, from their respective budgets.

b) Rventures derived from the development of their ordinary activity.

c) Any other that is legally sourced.

2. The economic resources and the assets and rights in which they are made are part of the social security patrimony and are attached to the entity for the management of the activity that constitutes its object.

Article 114. Contributions from the mutual partners.

1. The contributions of the mutual members shall be ordinary and extraordinary.

2. The ordinary contributions shall be made from the budget heading of each mutual-involved participant and shall be used to finance the current and capital expenditure necessary for the normal functioning of the institution.

For such purposes, the contraction of obligations arising from the activity of the joint entity shall have the corresponding budgetary coverage. In any event, the obligations to be contracted shall be so on behalf of the institution as the holder of the rights and obligations arising from its activity.

3. The extraordinary contributions will be used to finance possible loss-making results of their management. They shall require approval by a governing board to the effect and the subsequent authorization of the Ministry of Labour and Immigration, and the initiation of the procedure for budgetary modification in the mutual partners in accordance with Law 47/2003, of November 26, and other implementing regulations.

Article 115. Absence of profit and results of the activity.

1. The activity of the entity in no case may serve as a basis for commercial profit or for the granting of benefits of any kind in favour of the mutual partners, nor to assume the substitution of the function of collaboration in the Management of Social Security attributed to mutual partners.

2. The surplus generated in the financial year shall be reintegrated into the Social Security by its entry into the General Treasury of Social Security within the time limit laid down in Article 66.1, in the terms and with the scope and distribution which determine the Ministry of Labour and Immigration.

3. Where the joint entity has a financial deficit in its management for three consecutive years, the Ministry of Labour and Immigration may require the Ministry of Labour and Immigration to present a plan of viability, rehabilitation or In the short or medium term, approved by the boards of the mutual partners, in which the appropriate financial, administrative or other measures are proposed, make provision for the results and set the time limits for their implementation. In order to overcome the situation which gave rise to such a request, it would in any event ensure that the rights of social security and workers protected by mutual partners.

The duration of the plan will not exceed three years, depending on the circumstances, and will concretize in its form and periodicity the actions to be carried out.

The Ministry of Labor and Immigration shall approve or reject it within one month and, where appropriate, determine the periodicity with which the institution shall inform its development.

Article 116. Shared use of properties.

1. The mutual-members of the joint entity may share the use of the buildings belonging to the social security patrimony which have been attached to one of them for the purpose of the development of their activity, in accordance with the terms laid down in the Article 25 of Royal Decree 1221/1992 of 9 October.

When the use of a property is shared by two or more mutuals, the share of the property in the building's expenses shall be determined in proportion to the area occupied by each of them in the building.

2. The provisions of the preceding paragraph shall apply to cases where the immovable property used by two or more mutual members belongs to the historical patrimony of one of them or is leased to a third party, subject to the latter, in the latter (a) the provisions laid down in the rules applicable to it.

Article 117. Use of buildings by the joint entity.

1. The institution may use buildings belonging to the Social Security patrimony which have been attached to one of the mutual members for the development of its activity, upon request of the change of membership and subject to the provisions of the provisions of the In Article 25 of Royal Decree 1221/1992, of 9 October.

2. In the case of use by the joint entity of immovable property of the historical assets of any of the mutual-members, the corresponding lease or purchase agreement shall be formalised.

The rental of real estate will be governed in any case by the provisions of Article 24 of Royal Decree 1221/1992 of 9 October.

In the event of acquisition by the entity, the property will become part of the Social Security patrimony and will be entered in the name of the General Treasury of Social Security, in accordance with the provisions of Article 23 of the Royal Decree 1221/1992 of 9 October.

CHAPTER III

Common Centers

Article 118. Constitution, authorisation and registration.

1. The establishment of joint centres shall require the authorization of the Ministry of Labour and Immigration, upon request of the mutual promoters, to which the documentation referred to in Article 98 shall be accompanied.

2. Once the concurrency has been established in the application of the requirements required for its constitution and that its statutes conform to the legal order, the Ministry of Labor and Immigration will proceed to approve the constitution of the joint center. and of the statutes.

3. Approved the establishment of the joint center, and verified their registration and publication, shall be notified to the mutual promoters, with an expression of the registration number corresponding to it, from which point the joint center may begin its action.

Article 119. Content of the statutes.

The provisions of Article 100, as regards the content of the statutes of the joint entities and their amendment, shall apply to joint institutions.

Article 120. Governing and management bodies. Institutional participation.

It shall be applicable to the joint institutions as set out in Chapter II of Title III on the governing and management bodies and on institutional participation in the joint entities.

Article 121. Dissolution and liquidation.

The dissolution and liquidation of the joint centres shall be in accordance with the provisions of Article 111, in so far as it is not incompatible with their nature and characteristics. "

Additional disposition first. Amendment of Royal Decree 688/2005 of 10 June, regulating the system of operation of the mutual work accidents and occupational diseases of Social Security as a service of foreign prevention.

The last paragraph of paragraph 4 of the second transitional provision of Royal Decree 688/2005 of 10 June 2005 governing the arrangements for the operation of mutual occupational accidents and diseases is hereby repealed. Social Security professionals as a foreign prevention service.

Additional provision second. Collaboration in the field of occupational risk prevention.

Mutual societies may establish between their prevention societies the mechanisms of collaboration and cooperation that they consider necessary in order to develop their activity in the prevention of occupational risks for anyone. of the companies associated with the mutual partners, in terms of the implementing and development provisions.

First transient disposition. Exceptional enlargement and for one time only the association agreements and the accession documents.

1. In view of the wide regulation of the joint institutions and centres which are being carried out by means of this royal decree and the need to provide stability to the mutual sector until these processes of concentration are duly consolidated, the period of validity of the association agreement provided for in Article 62 (2) of the Regulation on the cooperation of mutual occupational accidents and occupational diseases, approved by Royal Decree 1993/1995, of 7 December, is extended to three years in exceptional circumstances and by a single time.

The provisions of the preceding paragraph shall affect both the association agreements which are signed on the basis of the entry into force of this royal decree and those in force on that date.

2. Until such time as the Ministry of Labour and Immigration establishes a joint body for this purpose, the Directorate-General for Social Security Management may exempt from the extension of the period of validity laid down in the previous paragraph. those cases where the change of mutual benefit is duly justified because of deficiencies in the supply of the services entrusted to those entities, which must be alleged by the employer in his complaint of the association agreement, which shall be accompanied by a report from the business committee or staff delegates on the concurrency of such circumstances.

3. The exceptional extension referred to in paragraph 1 above shall also apply to the accession documents provided for in Article 75 (1) of that Regulation on collaboration.

Second transient disposition. Adaptation to this royal decree.

1. Mutual associations, as well as joint institutions and institutions, must adapt their statutes to the provisions of this royal decree and submit them to the approval of the Ministry of Labor and Immigration within six months from their entry into office.

2. However, the institutions and joint centres currently in existence may agree to their dissolution and mutual partners shall be able to disengage them, under the terms and conditions laid down in the implementing and implementing provisions, within three months of their entry into force.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.17. of the Constitution, which attributes exclusive competence to the State in matters of the economic regime of social security.

Final disposition second. Enabling regulatory development.

The Minister of Labor and Immigration is enabled to develop the provisions of this royal decree.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on January 15, 2010.

JOHN CARLOS R.

The Minister of Labor and Immigration,

CELESTINO CORBACHO CHAVES