The Regulations of the Official Colleges of Property Agents and of their Central Board, regulating the exercise of the profession of Agents of Property Property, approved by Decree 3248/1969, of 4 December, As a rule of law and a rule dictated with a vocation to regulate a profession, it suffers from evident obsolescence, which has forced the professionals subjected to it and its representative Corporations to a work of legal integration and The case-law of its loopholes.

On the other hand, its preconstitutionality prevented it from fully incorporating the principles of democratization provided for by Article 36 of the Spanish Constitution of 1978 and the decentralization of powers according to the law. State autonomic organization, reflected in the already abundant autonomous legislation in force.

The adoption of Law 2/1974 of 13 February on Professional Colleges has already necessitated the adoption of a new General Statute replacing that Regulation, which has become more acute after the adoption of the Law 74/1978 of 26 December 1978 on the rules governing the professional associations, which, by means of partial repeal and the redrafting of certain provisions of that law, brought it into line with the Constitution, which, among other innovations, requires that the structure and internal functioning of the colleges are democratic, in Article 36.

Subsequently, Law 7/1997, of 14 April, of liberalizing measures in the field of land and of professional associations, amended, again, Law 2/1974 of 13 February, the regulator of the Professional Colleges, and in its In the case of the Court of Justice of the European Court of Justice, the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the 7/1997 the statutory provisions to be repealed should be repealed. The only derogation provision of Law No 7/1997 laid down that the provisions contained in general or special rules of equal or lower rank which were opposed to or in respect of professional associations were repealed, in particular in the field of professional associations. are incompatible with the provisions of this Law, including those establishing tariffs, the Statutes, general or private, the rules of procedure and other rules of the Colleges.

Therefore, it is necessary to comply with the mandate contained in Law 7/1997 for the Professional Colleges to adapt their Statutes to the amendments introduced by the Law in Law 2/1974. In this regard, it is also meant that Law 2/1974, was amended, in Article 3 (2), by Royal Decree Law 6/2000 of 23 June, of urgent measures to intensify competition in markets for goods and services.

With regard to its strictly professional content, the Regulation adopted by Decree 3248/1969 of 4 December 1969 has to be amended, in particular taking into account Article 3 of the Royal Decree-Law 4/2000, of 23 June, of Urgent Measures of Liberalization in the Real Estate and Transport Sector, concerning the conditions for the exercise of the activity of real estate brokerage, which has established that the activities listed in the Article 1 of Decree 3248/1969 on the approval of the Rules of Procedure of the Official Agents of Property Property and of its General Board, may be exercised freely without the need to be in possession of any title or belonging to any official College. However, this provision has subsequently been amended in accordance with the provisions of Article 3 of Law 10/2003 of 20 May 2003 on urgent measures for the liberalization of the furniture and transport sector.

This last precept, in addition to maintaining the principles of the liberalisation of the real estate brokerage sector, as implemented in 2000, introduced a double track for the exercise of the activities listed in this article. in Article 1 of Decree 3248/1969, by differentiating, on the one hand, the exercise by the agents of immovable property in accordance with the requirements of professional qualifications contained in its own specific rules, and, on the other hand, its exercise by other natural and legal persons without the need to be in possession of any title or of membership of any official College, without prejudice to the requirements which, for reasons of consumer protection, lay down the regulatory rules for this activity.

Therefore, this specific regulation, which is referred to in Law 10/2003 as subsisting, must be updated, in consideration of the current provisions of the regulations of Professional Colleges. According to this, the Statutes approved by this Royal Decree are configured as an update of the legal regime of the corporate organization of the Agents of Property Property, as Corporation of Public Law, being It is necessary to adapt it to the forecasts contained in Law 2/1974 of 13 February, regulating the Professional Colleges. In addition to the scope of membership, the new Statutes come to an update which takes into account the evolution of university degrees.

In coherence with this normative foundation, Article 1 of Decree 3248/69 is maintained and these General Statutes are established for the regulation of the collegial and the representative corporations of the collegiate agents. property, in accordance with the provisions of Article 6 of Law 2/1974. In such a measure, the present Royal Decree projects its effects on the General Council of the Official Colleges of Agents of Property Property and the regulation of the regime of these Corporations of Public Law without assuming conditioning for the exercise of professional activity. In this sense, the collegiation is increased on the principle of voluntariness and the internal organization of the General Council of the Official Colleges of the Agents of Property Property is entrusted to the principle of autonomy, which enshrines the Law 2/1974, of 13 February, of Professional Colleges. The Royal Decree regulates the rights and obligations of professionals in the sector, including the payment of a bond, under the conditions laid down by each College, the purpose of which is to ensure the relations between the College and its members. (a) a collective agreement, without any effect on relations with third parties It also regulates the regime of the Official Colleges and the Autonomous Councils, the organization of the General Council, its economic and legal regime and the sanctioning regime applicable to the collegiate.

The State's performance through the approval of this royal decree approving the General Statutes of the Official Colleges of Property Agents and its General Council sets up an update of the legal system of the corporate organisation of the agents of property ownership, and is protected in the jurisdiction conferred on it by Article 149.1.13 and 18 of the Constitution in terms of bases and coordination of the general planning of the economic activity, and the basis of the Legal System of Public Administrations.

By this royal decree, the General Statutes of the Official Colleges of Property Agents and its General Council are approved, which dated January 19, 2007, have been referred to the Minister of Housing for the General Council of the Official Colleges of Property Agents, after having been approved the final draft of the same by the aforementioned General Council, and having been heard the Colleges Officers of Agents of Property Property.

This royal decree is issued in accordance with the provisions of Article 6.2 of Law 2/1974 of 13 February of Professional Colleges.

In its virtue, on the proposal of the Minister of Housing, in agreement with the Council of State, and after deliberation of the Council of Ministers, at its meeting of the 28th of September 2007.

D I S P O N G O:

Single item. Approval of the General Statutes of the Official Colleges of Real Estate Agents and their General Council.

The General Statutes of the Official Colleges of Real Estate Agents and their General Council are approved, the text of which is included as an annex.

First transient disposition. Re-election of charges.

The President and Directors of the Governing Council that upon the entry into force of this royal decree have completed a mandate as President or as Directors, respectively, may be re-elected by two other mandates as maximum; and those who have served two or more consecutive terms on that date may be re-elected only for another term of office.

Second transient disposition. Deadline for the collective insurance subscription.

As of the entry into force of this royal decree, and within the maximum period of one year from the approval of the agreement by the General Council, the Territorial Colleges will have to subscribe to the collective insurance of civil liability for the purposes of Article 12 of the Statute which are the subject of approval.

Transitional provision third. Review and adaptation of Particulars.

Within the maximum period of one year from the entry into force of this royal decree, the Official Colleges of Property Agents will have to review their own statutes and, if necessary, adapt them to the provisions of the Statutes that are the subject of approval.

Transitional disposition fourth. General Council.

The General Council constituted at the entry into force of this royal decree shall continue in the full exercise of its functions until the ordinary termination of its mandate, without prejudice to the application of the statutory provisions which are relevant.

Transient disposition fifth. Exceptional collegiation.

Collegians who, on the day of the entry into force of this royal decree, shall not be entitled to the qualifications referred to in Article 1 (1) (b) of the Statute, shall maintain their status as collegians.

Single repeal provision. Regulatory repeal.

1. The Regulation of the Official Colleges of Real Estate Agents and its Central Board, approved by Decree 3248/1969 of 4 December 1969, as amended by Decree 55/1975 of 10 January, with the exception of Article 1, is hereby repealed. professional functions.

2. Likewise, the provisions of this royal decree are repealed as many provisions of the same or lower rank.

Single end disposition. Entry into force.

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

Given in Madrid, 28 September 2007.

JOHN CARLOS R.

The Minister of Housing,

CARME CHACON PIQUERAS

ANNEX

General Statutes of the Official Colleges of Real Estate Agents and their General Council

TITLE I

From the collegiation of the Agents of Property Property

CHAPTER I

From collegiation

Article 1. Tuition requirements.

1. For the incorporation of an Official College of Property Agents, it is necessary to credit, as general conditions of fitness, the following:

a) Being older and not being incourted because of disability.

b) Be in possession of the degree of graduate, graduate, graduate, engineer, architect, technical engineer or technical architect, or of the Official Property Agent Title issued by the competent Ministry.

c) Criminal records that disable you for professional exercise.

2. Effective income in the Official College shall be in accordance with the following requirements:

a) Request from the interested party to the President of the corresponding College.

b) Constitution of bail under the conditions set by the College.

(c) Abono of the membership fee, subject to the conditions laid down by each College, and, where appropriate, by the General Council in accordance with Article 6.3. (f) of Law 2/1974 on Professional Colleges.

3. Those who enroll in an Official College of Real Estate Agents will have the obligations and rights provided for in this Statute and in those of each College.

Article 2. Denomination of the Collegiates.

1. The members of the professional staff may use the name of the agent of the property in their professional activity.

2. The loss or suspension of the status of the collegiate or the step to a situation of non-exercising will deprive the collegiate of the use of the official shield and corporate logos.

Article 3. Tuition requests.

1. In order to apply for registration in a Colegio de Agents de la Propiedad Inmobiliaria, the corresponding original entitled title must be submitted, together with the application in a standard document, in accordance with the provisions of the current legislation, or notarial testimony of the same and academic certification. The justification by the University of origin of the payment of the rights of issue of the title may supply the absence of the original, the collegiate being obliged to its presentation once it is issued. It shall also be accompanied by a criminal record, in order to prove that the applicant is not in any way in any way preventing his professional practice as an agent of the real estate property.

2. It is up to the Government Boards of each College to resolve the applications for incorporation. The Governing Boards shall agree, within a maximum period of one month, of what they consider relevant to the application for registration. After that deadline, they shall be deemed to have been approved.

3. Applications for incorporation shall be approved or refused in accordance with the provisions of these General Statutes. The Governing Board shall conduct the proceedings and shall receive the reports which it considers appropriate and shall notify the reasoned decision as appropriate.

4. Against the decision of the Governing Board in this matter, the Board of Governors shall have recourse to the General Council or, where appropriate, to the Council of Colleges of the Autonomous Community, in accordance with the provisions of these General Statutes.

Article 4. Collegiate situations.

The person applying for incorporation to an Official College of Property Agents may do so in a situation of exercising or not exercising, without prejudice to requesting the transfer from one situation to another in any event. Subsequent time.

Article 5. Refusal of collegiation.

The tuition request will be denied in the following cases:

(a) Where the documents submitted with the application for entry are insufficient or have doubts about their legitimacy and have not been supplemented or remedied within the time limit set for that purpose.

(b) Where any conviction has been made by a firm judgment of the Courts which at the time of the application is not entitled to the professional exercise.

c) When you have been expelled from another school without being rehabilitated.

(d) When the application is made, it shall be suspended from the exercise of the profession, by virtue of a firm corporate disciplinary correction.

Obtained the rehabilitation or missing the obstacles that are opposed to the collegiation, it must be accepted by the corresponding College without delay or any excuse.

Article 6. Post-admission formalities for the collegiate.

Admitted the applicant in a Colegio de Agents de la Propiedad Inmobiliaria, will be issued the corresponding identity card, realizing its registration to the General Council of Colleges of Real Estate, in the normalized tab model that you set.

Also, a file will be opened in which the professional and personal data of the applicant will be verified, and the collegiate will be obliged to inform the corporation to which he belongs to the changes that he/she is produce on the same, in order to be able to maintain a duly updated census.

Article 7. Loss of the collegiate condition.

1. Without prejudice to the special status of each College, the status of the collegiate shall be lost for the following reasons:

a) Death.

b) Permanent physical or mental disability that prevents the exercise of the profession.

(c) A firm conviction that carries with it the accessory of disqualification for the exercise of the profession.

(d) Firm suspension or expulsion imposed at the end of the mandatory disciplinary record.

e) Resignation or voluntary leave, addressed to the Governing Board of the respective College.

2. The loss of the collegiate status shall be agreed by the Board of Government of the college, by means of a reasoned decision, which shall be duly notified to it.

3. The casualties will be communicated to the General Council of Property Agents.

CHAPTER II

Of the rights and obligations of the schoolgirls

Article 8. Of the rights of the collegiate.

1. The Colleges of Property Agents are obliged to respect, protect and promote the exercise of the rights that the Laws of Professional Colleges, the General Statutes, those of each College, the Regulations of Internal Regime of the same and the provisions approved by the governing bodies of those, within their respective competences, recognize the collegians, taking as many measures as they are conducive for this purpose.

2. With a non-limiting character, the Chartered Property Agents have the following rights:

a) Choose and be chosen for managerial positions and positions of representation, meeting the requirements required by applicable regulations.

b) To be regularly informed of the collective actions, in all its facets, and of all those issues that may affect the exercise of the profession.

(c) To intervene, in accordance with the rules in force, in the economic, administrative and institutional management of the respective College and to express freely its views on matters of professional interest, respecting in any case the honorability of people.

d) Exercise relevant administrative and judicial actions and resources in defense of their rights and interests as a collegiate.

e) Benefit from the collective services, according to the regulations that regulate them.

f) Attend, with voice and vote, to the General Assemblies of the respective College.

g) Make complaints to the Board of Government of your College, in accordance with the rules laid down for each case and require the diligent processing of the requests addressed to you.

h) Require the respective College to comply with the statutory and statutory objectives set.

i) Being protected by the College in the exercise of its professional activity.

Article 9. Obligations of the schoolgirls.

Collegiate real estate agents must meet in the exercise of the profession the following obligations:

(a) Perform the actions with professional efficacy, ethics and deontology, reserve and legality, observing the proper diligence in the exercise of the profession.

b) Respect and ensure the full compliance with the legal order affecting their professional functions, especially ensuring that the regulatory regulations of the legally established guarantees for the perception of amounts to account for housing under construction.

c) Observe the legal provisions on consumer protection in terms of sale and real estate leases, as an incentive to their professional activity.

(d) faithfully comply with the provisions of the regulations governing the professional activity applicable to them, of these General Statutes and of the particular of their College, as well as of the Rules of Procedure of the Interior Deontological Code and Professional Conduct and how many provisions will be adopted by the governing bodies of the profession within their respective competences.

e) Act with direct responsibility in the exercise of the professional functions of the Chartered Property Agents.

f) Attend to the General Assemblies, Plenary, Government Boards, Commissions and other sessions for which the positions for which they were elected have been summoned and to be held jealously, with their effectiveness require.

g) Communicate to the respective College the changes concerning their professional addresses, as well as any other circumstances that are expressly mentioned and that are relevant to their professional activity, and to facilitate the data that are requested from the inspection services which, where appropriate, have been established by the Colleges, except in the case of strictly reserved information.

(h) Communicate to the Governing Board of the respective College the acts contrary to the legal order of the news, providing as much data and information as requested to appear before the judicial or judicial bodies The administration is required to ratify its complaints, and in general, to communicate how many incidents or anomalies it may encounter or to have news in the exercise of the profession.

i) Collaborate with the Governing Board of the respective College, Autonomous Council, Plenary of the General Council, Rector Council and other governing bodies of the profession and with public bodies and private protection entities the consumer in the issue of reports, opinions and studies on aspects related to his or her professional activity.

(j) to satisfy, within the time limits laid down for that purpose, the quotas, derrams and other quantities to be satisfied under the professional rules or agreements of the competent governing bodies.

k) Act with all loyalty and diligence with respect to your clients, considering them to protect their interests.

(l) To issue the relevant communication to the College concerned, when it intends to pursue its professional activity in the territorial field of an Official College other than that in which it has been collegiate.

TITLE II

From the Official Colleges and the Autonomous Councils

CHAPTER I

From Official Colleges

Article 10. Nature and Legal Regime.

1. The Official Colleges of Real Estate Agents are Public Law Corporations, which will be governed by Law 2/1974 of 13 February, of Professional Colleges, by the Autonomous Laws of Professional Colleges, by the provisions of these General Statutes and their own Statutes, as well as, where appropriate, in the Regulations of Internal Conditions which are approved.

2. The internal structure and the functioning of the Official Colleges of Property Agents are governed by democratic principles, have a representative character and legal personality, and are independent of the Administration. General of the State and of the Autonomous Communities, of which they do not form an integral part, without prejudice to the relations of public law which are legally applicable to them.

3. Within its own and respective scope of action, it shall be separately and individually entitled to act in order to fulfil its purposes and functions, being able to acquire, for consideration or for profit, to dispose, sell, tax, own and to claim all kinds of property, to contract obligations and, in general, to be holders of any kind of rights, to execute or to endure any legal action, claim or remedy in all avenues and jurisdictions, civil, criminal, labor, administrative, economic and administrative disputes, including extraordinary review and an appeal in the field of competition.

4. The legal representation of the Official Colleges, both on trial and off, will fall on their respective Presidents, who will be entitled to grant general or special powers to Attorneys, Letters or any kind of (a) prior agreement of the respective Government Boards.

5. The agreements, decisions, recommendations and practices of the Official Colleges of Real Estate Agents with economic significance, will observe the limits of the legislation of defense of the competition.

Article 11. Civil liability collective insurance.

The General Council plenary may agree, on a binding basis for all territorial colleges, on the subscription of professional civil liability insurance, with minimum coverage and without prejudice to improvements in the coverage to be agreed by the Official College or each collegiate.

CHAPTER II

From the Autonomous Councils

Article 12. The Autonomous Councils.

When the autonomous legislation so provides, the various Official Colleges of the same Autonomous Community may be established in the Autonomous Council.

TITLE III

From the General Council and its organs

CHAPTER I

From The General Council

Article 13. Nature.

The General Council of the Official Colleges of Real Estate Agents in Spain is a Corporation of Public Law that, with the full capacity to act in the field of its competences, according to the provisions of the This Statute and Law 2/1974 of 13 February, of Professional Colleges, represent and defend the interests of the Agents of the Real Estate and of the Colleges in which they are registered, before the Administration General of the State, Autonomous Communities, other powers or bodies of the State and institutions

Article 14. Relations with the General Administration of the State.

The General Council of Official Colleges of Real Estate Agents will be related to the General Administration of the State, through the Ministry of Housing.

Article 15. Organs of the General Council.

The General Council consists of two bodies:

a) The Plenary Session.

b) The Rector Board.

CHAPTER II

From the General Council Plenary Session

Article 16. Nature.

The Plenary of the General Council is the body that integrates all the Official Colleges of Real Estate Agents, represented by their respective Presidents, for the exercise of the functions attributed to him by the present General Statute.

Article 17. Duties of the General Council Plenary.

The General Council plenary will have the following functions:

a) Deliberate and approve the draft General Statute and its Regulations, as well as their modifications.

b) Choose the seven members of your Rector Board.

c) Approve the budgets and economic and management memory of the Rector Board.

d) Deliberate and, where appropriate, approve proposals that are subject to their consideration with the Governing Council or by the Presidents of the Official Colleges.

(e) Present, if the requirements laid down in this Statute are met, the motion of censure of its President as President of the Governing Council and of the other members of this body.

f) Other than attribute to these General Statutes.

Article 18. Operation.

1. The General Council plenary shall meet at least four times a year in ordinary sessions. The first, within the first quarter of the year, to approve, where appropriate, the accounts of the previous financial year and the management memory of the Governing Council; and the last, within the last quarter, to approve, where appropriate, the budget for the financial year next.

2. It shall also meet in extraordinary sessions, when agreed by the Governing Council or its President, or a number of Presidents representing at least thirty per cent of the members of the General Council plenary shall be required to do so.

3. The plenary sessions will be held under the chairmanship of its President, assisted by the Secretary of the Rector Council, which will also be the plenary session. Both will have the powers and functions inherent in their positions. The replacement scheme for the Rector Board shall apply to the Plenary Session.

4. In order to be validly constituted, it will be necessary for the first call to attend the whole of its components, and in the second convocation, which will be held half an hour later, the attendance, at least, of the thirty-by-one hour, will be necessary. One hundred of the components of the General Council's plenary session. In either case, its President or the Vice President of the Governing Council shall be present.

5. The call with the agenda shall be made by registered post, fax or e-mail and shall be no less than ten calendar days in advance of the session, unless the urgency of the matters to be dealt with is not possible, in which case the call shall be made at least three calendar days in advance.

6. No agreement may be reached on matters which do not appear on the agenda, unless it is amended unanimously by the Presidents who are members of the plenary session.

7. For the adoption of agreements by the Plenary Session, each College shall have a fixed vote to which one vote shall be added for each twenty-five collegiate members exercising or a fraction and one vote for each fifty non-exercising or fraction, provided that by These will be paid to the General Council.

8. The approval of the agreements of the General Council plenary shall require a favourable vote of at least two fifths of the Colleges which, in turn, represent the majority of the weighted votes. For these purposes, only the Colleges present and represented at the plenary session shall be taken into account.

9. The votes shall be public in order to compute the weighting of votes.

10. Presidents who are not entitled to a criminal or administrative penalty or, where appropriate, representatives of the Colleges whose Boards of Directors are disabled for the same reason shall not be allowed to participate in the sessions of the Plenary Session.

11. The minutes of the plenary sessions of the General Council shall be adopted at the same plenary session or at the later date, unless it is extraordinary, without prejudice to their immediate referral to the Colleges and the enforceability of the agreements. adopted. A copy shall be sent to each College within a maximum of one month from the date of its final approval.

CHAPTER III

of The Governing Council

Article 19. Definition and composition.

1. The Governing Council is the executive and representative body of the General Council.

2. The Governing Council consists of a President, who will be the President of the General Council, and six Directors, among whom, and for themselves, the Vice-President, the Secretary and the Treasurer will be elected.

3. The President and all members of the Governing Council shall be the Presidents of the territorial and collegiate bodies in office, and must retain both conditions during the term of the term of office.

Article 20. Functions of the Rector Board.

The Governing Council will have the following functions:

a) Prepare the General Council's plenary sessions, forming the Presidency and its Bureau.

b) Develop the reports entrusted to the General Council plenary as well as the normative provisions to be proposed or approved by this body.

c) Develop the draft annual budgets, which will be submitted for approval by the General Council plenary.

d) Develop the rules for the administration and operation of the General Council plenary.

e) Seek the most information to the Colleges by means of instructions and circulars, providing the necessary for the publication of the general information medium that periodically maintains a level of contact and orientation of the professional class.

f) Solve the corporate resources of your competition.

g) Execute, adopt and resolve all agreements, decisions, issues and issues that affect the activity of the Chartered Property Agents, be entrusted to it, or by the Council Plenary. General, either because this is the case for the powers conferred on it by the present General Statutes.

h) Create and promote records of collegial, grouped by specialties, to encourage and enhance the exercise of the functions set out in Article 1 of Decree 3248/1969, of 4 December.

i) Exercise disciplinary authority in relation to the collegial who have been elected representatives of the Official Colleges, unless this competence is attributed to the Autonomous Councils as well as to those who representatives of the Autonomous Councils have been elected;

j) to exercise disciplinary powers in respect of the members of the school who have committed an offence on the occasion of their intervention, in their own name or on behalf of these Corporations, in the sessions or events called by the Governing Council or the General Council's plenary session, or to conduct public or denigratory or harmful conduct for the image of the profession, provided that the Official College of the General Council does not proceed with disciplinary action against them.

k) Perform as many other functions as appropriate, to defend and promote the professional interests of the Chartered Property Agents and their Colleges, and for the best performance of their purposes.

Article 21. Election and duration of members of the Governing Council.

1. The Governing Council will be renewed every four years, once the ordinary electoral processes of the territorial colleges have been completed. Presidents who have access to this body may be elected for two consecutive terms.

2. The Governing Council shall propose to the General Council the electoral regulation. In any case, the system of individual applications shall apply.

3. All Presidents of the Official Colleges shall be electors, except those who have been disabled by criminal or administrative sanctions.

4. All Presidents of Official Colleges shall be eligible, except for those who have been disabled by criminal or administrative sanctions.

5. For the election of the Governing Council, to be held in an extraordinary and monographic plenary session of the General Council, each President-elect shall have one vote in addition to those resulting from the application of the one-vote rule for each twenty-five collegiate members. exercising or fraction and another for every 50 non-exercising or fraction, provided that the General Council is paid for the fee.

6. The competent electoral body shall take the necessary measures to ensure the secrecy of the vote and the correct computation of its weighted value.

7. The seven most voted candidates will be elected, and the first of them will be proclaimed President of the General Council and the Governing Council.

8. The President may resign from the position, retaining the status of Counsellor. In any event, the replacement of the President to resign will be resolved by the access to the Presidency of the next most-voted Councillor. Equal votes shall be chosen as the candidate with the highest professional age, which shall be calculated by adding all periods of professional activity.

9. In their first session, the members of the Rector Council will choose from among themselves and for themselves the rest of the charges.

Article 22. Completion of the mandate of the Council and the members.

1. The mandate of the Rector Council will end, proceeding to new elections, for the following reasons:

(a) Extinction of the period provided for in paragraph 1 of the previous Article.

b) Approval of a motion of censure to the entire Governing Council.

(c) The simultaneous assignment of the majority of the councilors, who will continue in office until the renewal of the Council, provided that the integration of the Rector Council with the unelected candidates is not possible.

2. The individual mandate of the members of the Rector Board shall be extinguished for the following reasons:

a) Lost loss of the status of President of the Official College.

(b) Imposition of disciplinary, criminal or administrative sanction that leads to professional disablement.

c) Death or death or disability declaration.

d) Approval of an individual censure motion.

e) Voluntary Renunciation.

3. Vacancies that occur among the members during the term of office shall be filled by the unelected candidates and by the order resulting from the number of votes received.

4. The term of office of the members elected under the previous paragraph shall be extended until the term of office for which those who have been elected have been elected.

Article 23. Responsibility of the President and the Directors. Motion of censure.

1. After six months from the day of the elections, the President and any of the members may be subject to a motion of censure for their management.

2. The motion of censure may be promoted at the request of at least the majority of the representatives of the Official Colleges of Property Agents of Spain.

3. The motion of censure will be debated in the plenary session of the General Council convened with extraordinary and monographic character. The session shall be held within 30 calendar days of receipt of the relevant application at the Secretariat of the Governing Council. The convocation agreement shall be executed by the Secretary of the Office. For the valid constitution of the plenary session and for the vote of the motion, a minimum quorum of the majority of the representatives of the Official Colleges with the right to vote shall be required.

4. The approval of an individual motion of censure shall require the majority provided for in Article 19 (8) and shall give rise to the immediate cessation of the President, representative or censured adviser, whose vacancies shall be filled in accordance with the rule laid down in Article 19 (8). in paragraph 3 of the previous Article, except that, in the absence of candidates, the quorum necessary for the operation of the Governing Council cannot be integrated, in which case the term of office shall be deemed to be extinguished and the Article shall be carried out in accordance with the Article next.

5. The approval of a motion of censure against all or the majority of the members of the Governing Council shall require the majority of votes in accordance with the system laid down in Article 21 (5), (6) and (7) and shall result in the termination of the mandate and the call for elections in accordance with the following article.

Article 24. Special election procedure.

1. When the Rector Board's term ends, the electoral process will abide by the following special rules.

(a) All the calls and communications provided for in this article shall be executed by the Secretary of the Office.

(b) The elections shall be convened within 15 calendar days from the date of the end of the term of office.

(c) The elections shall be held no later than 40 days after the date of the call.

2. As not provided for in the previous paragraphs, the electoral regulation that was in force in the last electoral process will apply.

Article 25. Operation of the Governing Council.

1. The Governing Council shall meet periodically at the request of the President or upon request by three or more of its members, on the basis of the order of the day, signed by the Secretary, with the approval of the President.

2. In order for it to be validly constituted, at least four of its members must be present and provided that the President or the Vice-President is among them.

3. The votes shall be public, unless the secrecy of the votes is agreed. The agreements shall be adopted by a majority of the assistants and the President shall decide with his or her vote of quality when equal votes are produced. In the votes of the Governing Council all votes will have equal value.

4. The minutes of the Governing Council shall be approved in the same session or in the immediate subsequent session. The Schools shall receive as soon as possible the relationship of the agreements adopted by the Rector Council, without prejudice to their final constancy in the minutes.

5. The Governing Council agreements validly adopted shall be immediately enforceable.

Article 26. Duties of the President.

The President, as holder of the Presidency of the General Council and the Governing Council shall exercise all the functions inherent in his office, and in particular the following:

a) Represent all legal effects to the Rector Board.

b) To convene and preside over the Governing Council, setting the agenda with the matters it deems appropriate, including preceptively those proposed by the Directors. With equal votes, the President shall have a vote of quality.

c) Call and chair the plenary sessions of the General Council, resolving the ties with their vote of quality. He will preside over the sessions by ordering and withdrawing the use of the word, with powers to make those who do not keep their proper composure leave the room or insist on dealing with matters outside the agenda, and may raise and give for concluded the session in case of disorder, altercation or disobedience.

d) Meet and enforce the General Statutes, the General Council's Rules of Procedure, and how many provisions and rules are coming.

e) To sign all communications, minutes and documents relating to the General Council's plenary session, except for a specific or general delegation in favour of other members of the Governing Council.

f) Order payments and charges, in accordance with the budgets, to open current accounts, to save and to make impositions in Banks, Savings Banks and in any legally recognized financial institution.

(g) Dispose everything appropriate to the good march of the General Council Plenary, adopting by itself those measures which, as a matter of urgency, cannot be submitted to the Governing Council, taking account of the Council's first meeting.

(h) To execute the agreements of the Governing Council and of the General Council, always within its competence.

i) Take all the functions entrusted to you by the General Council or the Rector Board.

Article 27. Functions of the Vice-President.

The Vice-President shall exercise all the functions inherent in his office, and in particular the following:

(a) Replace the President in all his or her duties if for any reason justified he cannot exercise them.

b) Replace the President in the event of the vacancy in office prior to the expiration of the term of office and for the time required for the new election.

c) Replace the President in those specific functions or matters expressly delegated to him by the Rector Board.

(d) The other functions which, within its competence and in the current regulations, are entrusted to it by these Statutes and the Rules of Procedure of the General Council Plenary.

Article 28. Duties of the Registrar.

The Secretary shall exercise all the functions inherent in his office and, in particular, the following:

(a) To be a signatory to the agreements adopted and to draw up the minutes of the plenary sessions of the General Council and the Governing Council, which will be signed with the President.

b) Exorder all types of certifications and cure official correspondence.

c) To take care of all the documentation and archives of the General Council and the faithful implementation of the agreements.

d) Organize the administrative activity of the Governing Council, in accordance with the guidelines of the Governing Council and the orders of the President.

e) To carry the corresponding record books in which they will chronologically consist of all the meetings to be held by the Rector Council and the General Council Plenary.

(f) The other functions which, within its competence and in the current regulations, are entrusted to it by the present Statutes and by the Rules of Procedure of the General Council Plenary.

Article 29. Functions of the Treasurer.

The Treasurer shall exercise all the functions inherent in his or her position, and in particular the following:

a) Be responsible for the funds of the General Council.

(b) Sign, on the order of the President or legally substitute, withdrawals and transfers of funds.

c) Control and monitor the accounting of the Rector Board, unless it is determined that such a task corresponds to another body.

(d) Other functions which, within its competence and in the current regulations, are entrusted to it by the Governing Council.

Article 30. Duties of the members of the Governing Board.

1. Council members will have the following functions:

a) Replace those other charges that for justified cause cannot act when they are expressly assigned to them.

(b) Chair, where appropriate, those committees for which the General Council or the Rector Council is appointed, within their respective powers.

c) Auxiliary and collaborate with the President and the Vice President on how many specific issues are entrusted to them.

2. For the performance of their duties, all Directors shall have the right to request and obtain, under their personal responsibility, any document in the file of the Governing Council. For such purposes, the Registrar shall provide the copy to the person concerned, prior to the written request and the President's approval.

TITLE IV

From the economic and financial regime of the General Council

Article 31. Management autonomy.

1. The General Council has full autonomy for the management and administration of its assets and its budget, in accordance with the provisions of this Title.

2. The General Council has full capacity to acquire, possess and manage all kinds of goods, being able to freely dispose, tax and mortgage what belongs to them, with the application of their own ends.

Article 32. Economic resources of the General Council.

To meet the expenses incurred for the fulfillment of the purposes and functions indicated in the provisions in force and in the present General Statutes, the General Council of Colleges of Property Agents Real estate will have the following income:

(a) Ordinary shares to be pointed out to the Official Colleges of Property Agents, which shall be determined on the basis of the number of members, and the amount of which shall be fixed in the annual budget and shall be payable by months overdue. The expressed quota shall be made on a preferential basis in each regular budget.

(b) The extraordinary fees to be provided by the schools, after approval by the Governing Council.

c) The amount of the certifications to be issued at the request of the collegiate or the Official Colleges.

(d) The amount of financial penalties that disciplinary files may impose in the field of their jurisdiction.

e) Those who may correspond under agreements or agreements concluded with educational or university institutions.

(f) Official grants, donations or legacies, whether of natural or legal persons, private or public.

g) How many other revenues could be arbitrated by legal means and have been approved by the General Council, through its Rector Board.

h) Yields of any nature that produce the assets and rights that make up the assets of the General Council.

i) The remaining resources that, in the context of your corporate activities, can be obtained by the General Council.

j) Any other legal income in law.

Article 33. The Budget.

1. The regular and extraordinary annual budget of the General Council shall detail the revenue and expenditure foreseen for the relevant financial year by integrating all its bodies and activities.

2. If a new financial year is initiated without the corresponding budget being approved, the previous financial year shall be extended until the new budget has been approved, except for items resulting from the application of the budget. provisions in force in the workplace or other.

3. The budget, as well as its liquidation, shall be made available to the Presidents of the Official Colleges in good time to the session in which it is to be submitted for approval.

Article 34. Heritage of the General Council.

The assets of the General Council shall consist of all movable and immovable property acquired by virtue of any legal title and the balance of its treasury.

TITLE V

From the legal regime and resources

Article 35. Legal regime.

The Plenary of the General Council and the Governing Council shall be governed by its organisation and operation by:

a) The basic state legislation on Professional Colleges.

(b) These General Statutes.

As not provided for by the General Statutes, the current legislation on the legal regime of the Public Administrations and Common Administrative Procedure will apply. The legal status of the collegiate bodies of the Professional Colleges shall be in accordance with the rules laid down in this General Statute and in the Statute, which shall establish the arrangements for convening, sessions and the adoption of agreements.

Article 36. System of resources in relation to acts and resolutions of the schools before the General Council.

1. Against decisions or decisions of any of the bodies of the Official Colleges of Property Agents, an appeal may be lodged within one month of notification to the persons concerned or, where appropriate, from the date of their notification. publication, before the General Council or the Autonomous Council.

2. In the case of rules or agreements of a deontological nature, electoral disputes, admission or refusal of collegiations and penalties which consist in suspension of the professional exercise or expulsion from the college, may be part of the file the General Council's report, where the latter is not the body responsible for resolving the matter, provided that it is requested by the body to which it is responsible, in order to ensure uniform throughout the territory of the (a) decisions on the equal treatment of the professional and equal treatment of the the provision of professional practice to citizens in general.

3. The resources may be submitted to the General Council, before the Autonomous Council, where appropriate, when the latter is competent to resolve, in the terms provided for in these Statutes, or before the Governing Board of the respective college, the (a) which shall be raised by the relevant Council within 10 days of the date of its submission, with its report and a full and orderly copy of the dossier. The General Council, when it is competent to resolve, prior to the reports it deems appropriate, shall issue and notify the express resolution within three months of its interposition, in the case of silence, which the resource has been dismissed.

4. The acts and resolutions emanating from the Governing Council and the General Council shall be directly impugable before the administrative contentious jurisdiction.

TITLE VI

Disciplinary regime

Article 37. Basic disciplinary principles.

1. Property Agents who infringe their collective duties or those regulated by these Statutes shall be disciplined in a disciplinary manner, regardless of any other civil, criminal or administrative liability in which they may incur.

2. Likewise, persons holding managerial positions in the Collegial Organization, both in the Official Colleges, as well as in the General Council or the Autonomous Councils, where appropriate, will be liable to be disciplined in a disciplinary manner.

3. The disciplinary regime of the Chartered Property Agents shall be governed by the principles of legality, typicity, contradiction, non-defensiveness and presumption of innocence.

Article 38. Exercise of sanctioning power.

1. Disciplinary sanctions may not be imposed, but on the basis of a file instructed to the effect, after hearing the person concerned.

2. The exercise of the sanctioning authority with respect to the collegians corresponds to the Boards of Government of the Colleges of Agents of Property Property.

3. The prosecution and sanctioning authority, in relation to the members of the Boards of Government of the schools, shall be the responsibility of the General Council in the event that the corresponding Autonomous Council is not constituted.

4. The Official Colleges shall immediately give the General Council of all the penalties imposed on them for the suspension in the professional year with the reference of an extract from the file. The General Council shall keep a record of the State-wide sanctions in which all those imposed by the Official Colleges shall be collected.

Article 39. Sanctioning powers of schools.

Colleges will discipline all actions and omissions of the collegians who violate the General and Private Statutes, the rules of the internal regime, the deontological rules or any other rules. collective rules.

Article 40. Classification of infringements and competent bodies.

1. The offences committed by the Chartered Property Agents will be classified into minor, serious and very serious.

2. Disciplinary competence shall be the responsibility of the management bodies of each Official College where the offence, whatever its seriousness, has been committed by a collegiate staff member.

3. Disciplinary competence shall be the responsibility of the governing bodies of the Autonomous Councils where the offence, whatever its seriousness, has been committed by the President or the posts or vowels of the Boards of Government of the Colleges. integrated into the Autonomous Council.

4. Disciplinary competence shall be the responsibility of the Governing Council in the case of paragraph 3 of this Article, where the Autonomic Council is not yet constituted, as well as in cases where the offence, whatever its gravity, has been committed by the President or by the members of the Autonomous Councils or by any of the Presidents or other members of the Board of Directors for acts which transcend the territorial scope of their College and damage the image of the profession or the policies of coordination of the General Council and provided that the competent body complies with the above the disciplinary liability levy is applicable.

5. It shall also be the responsibility of the Governing Council to disciplinary jurisdiction over the members of the Boards of Government of the Official Colleges, for the instruction and, where appropriate, the penalty of the failure provided for in paragraph 3.f) of the Article next.

Article 41. Violations.

1. You will have the consideration of a minor violation of any delay or slight negligence of the collegiate in the performance of your activities or collegial duties.

2. The following shall be considered as serious infringements:

(a) Failure to comply with collective organ agreements and disobedience to their orders or mandates.

b) Disconsideration of peers, clients, or members of the governing bodies.

c) Inexcusable negligence or wilful performance in the performance of their collective activities or duties, which has not caused injury to third parties.

d) The protection or protection in any way to the conduct of acts of unfair competition when it has been so declared by the Competent Jurisdiction.

e) Conduct that has led to administrative sanctions in a firm resolution for infringement of tax or other provisions provided for in the special legislation applicable to the real estate sector, that the infringement is directly related to the exercise of their profession and do not constitute very serious infringements.

3. The following are considered to be very serious:

(a) The use of information derived from the transactions in which it intervenes for the benefit of the client or third parties, to the detriment of the client.

(b) The consent to the improper use by third parties of the name of Agent of the Real Estate Property by persons who lack the securities referred to in Article 1 (1) (b), or the distinguishing signs of collegiation.

(c) The conduct of acts of unfair competition where it has been declared by the competent jurisdiction.

d) Inexcusable negligence or wilful performance in the performance of their collective activities or duties, which has caused injury to third parties.

(e) the non-payment by the colegate of the quotas or derbranches agreed by the competent collective bodies. The rules of each College may establish a minimum number of unpaid fees for the purpose of considering non-payment as a disciplinary offence.

(f) The non-payment of the shares to the General Council, provided for in the annual budget approved by the plenary, provided that the Governing Council has previously cleared the debt in all its concepts and required payment of the same in form documented.

(g) Conduct that has resulted in the administrative penalty in a firm resolution for a serious infringement of tax or other provisions laid down in the special legislation applicable to the real estate sector, provided that such infringement is directly related to the exercise of their profession.

Article 42. Penalties.

1. The penalties to be imposed by the Commission for minor infringements shall be as follows:

a) The private assembly.

b) Multa from 30 euros to 300 euros.

2. The penalties which may be imposed by the committee on serious infringements shall be as follows:

a) Multa from 300,01 euros to 3,000 euros.

b) Suspension in the status of collegiate for a maximum period of six months.

3. The penalties to be imposed by the committee on very serious infringements shall be as follows:

(a) Suspension in the status of collegiate for a period of more than six months and less than two years, which will lead to the disqualification of the disablement to hold managerial positions for the duration of the period.

b) Final removal of the status of collegiate, with expulsion from the College.

(c) Disablement of the Chairman and other members of the Governing Board to hold senior management positions for a maximum period of four years, for the assumption provided for in paragraph 3 (f) of the previous article.

4. The penalty applicable in each case shall be graduated taking into account the circumstances of the event and the offender. The reiteration will allow the imposition of the penalty at its maximum limit.

5. The amounts of the fines provided for in this Article shall be reviewed in accordance with the statutory amendment procedure.

Article 43. Provisional suspension.

1. The Agent of the Chartered Property Property may be provisionally suspended in his/her rights as a collegiate if he/she is followed by disciplinary record for possible commission of very serious infringement and such measure would have been expressly adopted by the competent body on a proposal from the instructor.

2. The provisional suspension in the condition of collegial shall not last for more than six months.

Article 44. Sanctioning Procedure.

1. The agreement to initiate the file must be adopted by the respective Governing Board, which may act on its own initiative or at the request of a party. Such an agreement shall establish the facts of a possible infringement, the provisional qualification thereof, the taxable penalty and the appointment of the relevant instructor, who shall be a member of the body responsible for resolving the offence. The instructor, who may be assisted by a secretary, may not be involved in the vote on the motion for a resolution.

2. The following are causes of abstention and recusal:

(a) Having a personal interest in the case in question or in another in whose resolution the decision of that person is likely to influence that being an administrator of the company or entity concerned, or to have a pending litigation with any interested party.

b) Having a kinship of consanguinity within the fourth degree or affinity within the second, with any of the stakeholders, with the administrators of the entities or societies concerned and also with the advisors, representatives legal or authorised representatives to intervene in the procedure, as well as to share professional office or to be associated with them for advice, representation or mandate.

c) Having intimate friendship or manifest enmity with one of the persons mentioned in the previous section.

(d) You have had an intervention as a expert or as a witness in the procedure in question.

e) Have a service relationship with natural or legal person directly interested in the matter, or have provided them in the last two years professional services of any kind and in any circumstance or place.

3. Having instructed the procedure and before drawing up the motion for a resolution, it shall be made clear to the person concerned, who, within a period of not less than 10 days and not more than 15 days, may plead and present the documents and justifications which he considers to be relevant. The hearing procedure may be waived, where the proceedings are not included in the proceedings, other facts or other arguments and evidence to which the person concerned has been given, during the examination of the file.

The maximum period for the notification of the express resolution may not exceed six months, the notification containing the full text of the resolution as well as the attempt to duly notify accredited.

4. The Governing Board of each Official College shall act in disciplinary matters with a minimum of two-thirds of its members ' attendance.

5. The fines which, as disciplinary penalties, are imposed on the members of the court, once they are firm, have ended with the imposition of a penalty on the file, as well as the costs which, if any, would have resulted in the practice of In accordance with the provisions of Article 81.3 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, evidence must be paid by those within the maximum period of 15 days after notification of the firmness of the sanction. On the expiry of that period without verification of the payment, the Governing Board shall implement those amounts in respect of the security which, if appropriate, has been lodged.

6. The rules set out in the above paragraphs shall apply to the disciplinary powers of the Autonomous Councils, the Governing Council and the General Council, in accordance with their internal organisation.

Article 45. Limitation of infringements and penalties.

1. Minor infractions prescribe at six months; severe ones at two, and very serious at three years.

2. The limitation period for infringements shall begin to be counted from the day on which the infringement was committed. The limitation of the infringements shall be interrupted at the time when, with the knowledge of the person concerned, the initiation of the sanctioning procedure is agreed upon, the time limit being returned if the sanctioning file remained paralyzed during the course of more than one month for cause not attributable to the collegiate subject to the procedure.

3. The penalties imposed by the commission of minor offences are prescribed for the year, by the commission of serious infringements at two years and by the commission of very serious infringements at three years.

4. The limitation period for penalties shall begin to be counted from the day following that in which the decision imposing the sanction is final. The limitation period shall be interrupted by the initiation of the procedure, with the knowledge of the person concerned, by the time limit if the person is paralyzed for more than one month for reasons not attributable to the infringer.

Article 46. Extinction of disciplinary responsibility.

1. Disciplinary responsibility shall be extinguished:

a) By death of the collegiate or death declaration.

b) By compliance with the penalty imposed.

c) By prescription of the fault.

d) By prescription of the penalty.

(e) For payment of the unpaid dues or fees, in the case of the infringements referred to in Article 41 (3) (e) and (f).

2. If, during the processing of the sanctioning file, the death or death of the accused collegial occurs, the file shall be declared extinguished and the file of the proceedings shall be ordered.

TITLE VII

Honours and distinctions scheme

Article 47. Emblem of the Chartered Property Agents.

These are the private emblems of the Chartered Real Estate Agents and their Official Colleges:

(a) The official shield with the legal adaptations in force to accommodate the constitutional order, approved by the Order of the Minister of Housing of 16 December 1958.

b) The professional logo formed by the acronym API, in blue, preceded by four red bars tilted to the right over the letter "A".

Article 48. Corporate distinctions.

The use of corporate distinctions by the members of the Boards of Government of the Colleges and the Governing Council will be adjusted, with the legal adaptations in force aimed at accommodating the constitutional order, as established in the the Order of the Minister of Housing of 16 December 1958, for which the identification of the Agents of Property Property is regulated, without prejudice to the agreements that may be adopted by the respective Colleges, by the Councils Regional and local authorities or the General Council in the field of corporate distinctions and their creating, granting, and using.