The final provision of Law 27/1999, of July 16, of Cooperatives, provides that the Government shall adopt the Regulations of the Register of Cooperative Societies, referred to in the above Law.

In its compliance, this Regulation implements the registration material relating to the cooperative societies regulated by the aforementioned law, as a formula for legal certainty in the matter, to which the effect of the present advertising and the legality of the constitution of the cooperative societies and the other main acts of their societarian life, in the terms established by their regulatory law. The constitutive character of the registration registration that enshrines Article 7 of the Law of Cooperatives, confers on the Registry the nature of legal registration, where the effects and consequences foreseen by the Law and the present are deduced Regulation.

On the other hand, the Regulation develops and concretely the forecasts contained in the Law of Cooperatives, both in respect to the different actions that correspond to the Register of Cooperative Societies, and its organisation and operation, in accordance with the rules laid down by Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, as amended by Law 4/1999, of 13 January, as a guarantee instrument for individuals in their relations with the Register.

In its virtue, on the proposal of the Minister of Labor and Social Affairs, after the approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day February 1, 2002,

D I S P O N G O:

Single item. Adoption of the Regulation.

The Cooperative Societies Registration Regulation is approved, which is inserted below.

Single transient arrangement. Transitional arrangements for procedures.

1. The registration files that are registered before the validity of this Royal Decree will be processed and resolved in accordance with the provisions in force until that time.

2. The registered seats made by the Register of Cooperative Societies prior to the validity of this Royal Decree will continue to remain in the same way as until that moment.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed as set out in this Royal Decree and in the attached Regulation that is approved.

Final disposition first. Basic character of certain precepts.

They are declared to be basic, under the provisions of Article 149.1.11.a of the Constitution, Articles 2.3 and 12 of the Regulation which are inserted below.

Final disposition second. Supplementary legislation.

The rules of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999, of 13 January, will apply in default of The provisions of this Regulation.

Final disposition third. Enforcement powers.

The Minister of Labour and Social Affairs is empowered to lay down the implementing and implementing provisions of this Royal Decree and the adopted Regulation.

Final disposition fourth. Entry into force.

This Royal Decree and the Regulation it approves will enter into force in the month of its publication in the "Official State Gazette".

Given in Madrid, 1 February 2002.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JUAN CARLOS APARICIO PÉREZ

REGULATION OF THE REGISTER OF COOPERATIVE SOCIETIES

CHAPTER I

General rules

Article 1. Purpose of the Regulation.

This Regulation aims to regulate the organisation and operation of the Register of Cooperative Societies, referred to in Articles 109 to 111, and concordant, of Law 27/1999 of 16 July 1999. Cooperatives, as regards the provisions of Article 4 of this Regulation, as well as the relations between that Registry and the cooperative societies, their representative bodies and the promoters thereof, and other interested third parties.

Article 2. Scope of this Regulation.

1. The scope of this Regulation extends to cooperative societies which mainly carry out their cooperative activity in the territory of several Autonomous Communities, where they do not do so on a main basis in any of the such territories, without prejudice to the assumptions of paragraph 3, as well as in the cities of Ceuta and Melilla.

2. For the purposes of the above number, the cooperative activity is understood to be that corresponding to the corporate activity by any of the stable formulas referred to in the Law of Cooperatives, regardless of the domicile social and other relations with third parties. To the same effect, it is understood that this activity is mainly carried out in the territory of a particular Autonomous Community, when that activity is higher than that carried out in all the other territories. In the initial registration of the company, such circumstances shall be deducted from its statutes, without prejudice to the subsequent amendment of the registration as a result of variation in such circumstances, which shall be credited by certification of the understanding society of its effective activity, by the content of statutory modification, or by any valid means of proof in law.

3. It falls within the scope of this Regulation, the registration of the acts of Credit Unions whose activity, whether or not they are cooperative, exceeds the territory of an Autonomous Community, in accordance with its specific legislation.

4. European Cooperative Societies shall be registered in the Register referred to in this Regulation, in a special book for that purpose.

Article 3. Character of the Register of Cooperative Societies.

1. The Register of Cooperative Societies is public, and shall be of a unitary nature, advertising shall be made effective by any of the forms referred to in Articles 34 and 35 of this Regulation. The above registration is also governed by the principles of legitimisation, priority and subsequent succession.

2. The Register of Cooperative Societies shall collaborate with the other Public Records and, in particular, with the Mercantile Records and with the other Cooperative Societies Records, in the manner provided by this Regulation.

Article 4. Object of the Registry.

1. The Register of Cooperative Societies aims at the qualification and registration of cooperative societies and cooperative associations, as well as legal acts and businesses to be determined in the Law of Cooperatives and in this Regulation.

2. The aforementioned Register of Cooperative Societies will also develop the functions of legalizing the books of the cooperative societies, the deposit and advertising of their annual accounts, and the annotation of the very serious penalties for infringement of the cooperative legislation, as well as the issue of certifications and how many other functions this regulation attributes to you.

Article 5. Effectiveness of the Register.

1. The content of the entries and entries in the Register of Cooperative Societies shall have full effects which shall not prejudice the rights of bona fide third parties in accordance with the law.

2. The rights acquired by registration are presumed to be in accordance with the law. The entries do not validate the acts that are null and void in accordance with the law.

3. Where an entry is cancelled by a court judgment or a final administrative decision, such cancellation shall determine that of subsequent entries which are contradictory to that registration.

Article 6. Register seats.

1. The registered seats that practice the Register of Cooperative Societies, in consideration of their nature, shall take the character of inscriptions or annotations.

2. The entries correspond to the acts referred to in Article 9. The entries which assume the cancellation of a previous one of a constitutive nature shall have the effect of extinguishing the legal personality of the company when it derives from the nature of the registered act.

3. The entries shall correspond to the seat relating to the fulfilment of the obligations of the cooperative societies referred to in Articles 60 and 61.4 of the Cooperative Law, to the assumptions for the appointment of auditor to the accounts of Article 62 of the the same law, and those provided for in Article 29 of this Regulation. Subsequent annotations may have the cancellation effect of a previous one, when it is derived from its content.

CHAPTER II

From Register Enrollments

SECTION 1 OF CORPORATE RECORDABLE ACTS

Article 7. Character of the inscriptions.

1. In accordance with Article 7 of the Cooperative Law, the registration of a cooperative society in the Register is mandatory, and will determine the acquisition of its legal personality.

2. The registration of a cooperative society may be refused only if its articles of association and its statutes do not comply with the necessary requirements of the Law of Cooperatives. The same principle of legality shall apply for the refusal of the registration subsequent to the registration.

3. The name of the companies registered in the register referred to in this Regulation shall necessarily include the words 'Cooperative Society' or its abbreviation ' S. Coop. ", in accordance with the provisions of Article 1.3 of the Cooperative Law.

Article 8. Enforcement of enrollment.

1. The acts subject to registration, as referred to in the following article, are mandatory, and have only effect with respect to third parties since their registration.

2. The deadlines established by the Law of Cooperatives and by this Regulation are mandatory to apply for registration of the corresponding registration of company acts.

3. The cooperative society is responsible for the fulfilment of its registration obligations, without prejudice to the responsibilities that may be required in its internal field on a personal basis.

Article 9. Recordable acts.

1. Registration of the following acts relating to first or second-degree cooperative societies is required:

a) The constitution of society.

b) The modification of the Statutes of the company.

c) The granting, modification or revocation of the general management, administration and management powers granted by the Governing Council.

(d) The appointment and termination of the members of the Governing Board, auditors, court auditors, liquidators and, where appropriate, the sole administrator and the Board of Appeal, as well as the delegated members when they are entrusted with the The powers of the above bodies.

e) In the Credit Union, the appointment and termination of the members of the Governing Council and the Director-General and, where appropriate, the members of the Executive Committees, Joint Committees and Delegates and, likewise, the creation of or delete their branches.

f) The merger agreements of cooperative societies.

g) The split agreements.

h) The transformation agreements.

i) The dissolution of cooperative societies.

j) The extinction of society.

k) Cooperative reactivation agreements.

l) Judicial acts in court proceedings, in accordance with their own legislation.

m) The integration agreement in a cooperative group and the notarial act of its formalization.

n) The cooperative's firm disqualification.

n) How many others would be bound by the applicable legality.

2. The Registry shall deliver the certifications on recordable acts and other forms of its manifestation that are requested by the parties concerned, as determined by this Regulation.

3. In order to request the registration registration, the public instrument, judgment, administrative decision, or agreement that results in each case according to the registration, will be presented to the Registry, in accordance with the established in this Regulation.

4. In the acts subject to registration which have been the subject of arbitration of law in accordance with the additional provision of the Law of Cooperatives, a document certifying the agreement of submission to such arbitration and the full text of the Agreement shall be submitted. corresponding award by the arbitrator or arbitrators.

SECTION 2 OF THE CORPORATION REGISTRATION PROCESS

Article 10. Enrollment initiative.

1. Applications for the registration of acts affecting cooperative societies may be made by those who represent their representation, where the actions of the Registry are at the request of the company concerned.

For the initial constitution, such representation with acting capacity corresponds to all its promoters, or to those who have been appointed to the effect in the writing of the constitution.

2. Where the recordable acts derive from the established judgment of the jurisdiction, or a final administrative decision in that jurisdiction, they shall be brought to the Registry by the person concerned in accordance with this Regulation.

3. The judicial records of registration shall be submitted to the Registry for the procedural representation to which they are issued.

Article 11. Form of the public instrument registration initiative.

The persons concerned referred to in paragraph 1 of the previous Article shall make their application, accompanied by an authorized copy and a simple copy of the corresponding public deed, in the following cases:

a) Constitution of the company, subject to the requirements of Article 10 of the Cooperative Law.

b) Modification of the Statutes of the Company, in accordance with Article 11.3 of the Cooperative Law.

(c) Formalization of the agreement or merger agreements of cooperative societies within the meaning of Article 64 (4) of the Cooperative Law. In order to register the resulting new company it will be mandatory for the writing to meet the requirements of Articles 10 and 11 of the Cooperative Law.

(d) Special merger formalization, where the resulting company is a cooperative society governed by the Law of Cooperatives, in the assumptions of Article 67 of that Law.

e) Formalization of the division, or of transformation into a cooperative society, in the terms and with the requirements of Articles 68 and 69 of the Law of Cooperatives.

f) Formalization of the agreement to dissolve a cooperative society in Article 70 of the Law of Cooperatives and, where appropriate, of its reactivation in the cases referred to in the same legal precept.

g) Extinction of the cooperative society, with the requirements of Article 76 of the Cooperative Law, for the cancellation of the registered seats.

(h) a second-degree cooperative constitution, by means of its direct or merger, division, transformation or dissolution of previous companies, in accordance with Article 77 of the Cooperative Law.

(i) Cooperative group contractual formalisation in the register sheet of each incorporated company, as well as, where applicable, the amendment of the Statute of the group head entity if it is a cooperative society, in accordance with the Article 78 of the Cooperative Law.

j) Grant, modification or revocation of powers, conferring management and permanent management powers of the activity of the company, in the terms of Article 32 (3) of the Cooperative Law.

k) How many other required enrollment assumptions can be determined by law, and the formalization of the act in public writing is required.

Article 12. Formalities in the application for credit union registration.

1. Applications to the Register for the constitutive registration of credit unions governed by Law 13/1989, of May 26, in addition to the public deed granted to the effect, must accompany the documentary accreditation of having obtained the authorisation from the Ministry of Economic Affairs and the registration in the corresponding Register of the Banco de España, in accordance with Article 5.2 of the aforementioned Law and Articles 1 and 6 of the Credit Union Regulation approved by Royal Decree 84/1993, January 22.

2. Applications for the registration of persons elected as directors, members of Joint Committees or Executive Officers and liquidators, or appointed as Directors-General of Credit Union, shall demonstrate compliance with the requirements. established in Article 28 of the Credit Union Regulation, approved by Royal Decree 84/1993 of 22 January.

3. Other applications for the registration of acts relating to credit unions shall demonstrate compliance with the requirements laid down by the Credit Union Regulation, approved by Royal Decree 84/1993 of 22 January.

Article 13. Form of the registration initiative through certification of corporate agreement.

1. The persons concerned shall make their application for registration accompanied by a verbatim certification of the agreements adopted by the Registrar and endorsed by the President in the following cases:

(a) Election by the General Assembly of the members of the Governing Council, auditors, liquidators, and, where appropriate, the sole administrator and the Resources Committee, according to Articles 34.3 and 71.1 of the Cooperative Law.

b) Designation by the Governing Council or the Assembly of the posts of President, Vice-President, and Secretary, in the terms provided for in Article 34 (1) and (3) of the Cooperative Law and, where appropriate, that of advisers delegates referred to in Article 9 (1) (d) of this Regulation.

(c) Appointment of the organs referred to in paragraph 2 of the preceding article, in accordance with the requirements of that provision.

d) Agreement to cease the charges in the previous paragraphs of this article, whatever their cause.

e) How many other corporate acts are subject to registration in the Register, in accordance with Articles 29.3, 30.5 and 77.6 of the Law of Cooperatives, and the presentation of public deed is not mandatory.

2. The effectiveness of the implementation of the agreements referred to in the preceding paragraph shall be conditional upon registration in the Register of the relevant act.

Article 14. Craft registrations.

1. The administrative decision which disqualification of a cooperative society, once it is firm, shall be communicated in full to the Register for the purposes of registration. In addition, the Administration shall communicate to the Registry the judgment which is placed on the administrative-administrative appeal arising from disqualification decisions.

2. The Registry shall give effect to the decision-making content of the judgments of the administrative-administrative order which are the subject of administrative decisions relating to the registration of acts relating to companies. cooperatives.

3. The judgments of the civil jurisdiction, once they are final, shall have the registered effect as to whether they relate to cases provided for in Article 9. To this end, the parties concerned shall submit to the Register verbatim testimony of the judgment in question and their firmness. The award of the award shall be subject to the provisions of Article 9.4 of this Regulation.

4. Likewise, the judicial orders relating to the declaration of the contest, the abolition of the powers of management of the partner organs, the appointment of judicial administrators, and the judgment of the Court of Justice will be submitted to the Registry for registration. approval of the agreement, conclusion of the contest, opening of liquidation, statement of dissolution and how many acts the insolvency legislation indicates to this effect.

Article 15. Requirements for documents submitted for registration.

1. In order to qualify and, where appropriate, a registered seat, the documents submitted for that purpose must comply with the following formal requirements:

(a) In acts which are to be formalised by public deed, the latter must sufficiently resent the elements which are required for each case in application of the Law of Cooperatives and other legal rules of character required.

(b) In the case of a corporate act which relates to the granting or modification of general management and management powers, the powers conferred shall be transcribed to the relevant public instrument with the expression of its scope and amplitude, as well as the identification data of those who are taken over, with the corresponding public writing being authorised.

(c) In the acts formalised by corporate certification relating to the appointment of members of the governing body, auditors, the Board of Appeal or the liquidators of the company, the identification data shall be entered the staff of each of them, the acceptance of the charge by the person concerned and, where appropriate, the express review of his declaration of not incurring any of the assumptions of Article 41 of the Law of Cooperatives.

2. The certificates of company acts subject to registration shall be signed by the Secretary of the company with the visa of its President, except in the cases of the sole Administrator, in which he will subscribe to it, and in those of Article 29.4 of the Law In the case of the Cooperativas, the notarial act will be included. Those who subscribe to the corresponding certification shall be responsible for their content and for the fulfilment of the obligation to submit them in the form and time to the Registry, without prejudice to the provisions of Article 38.2 of the recast of the Law on Infringements and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August.

3. The documents referred to in the preceding paragraphs shall be accompanied by the application for registration, which shall be signed by the President of the company or the person empowered by the company or designated for that purpose in the instrument of incorporation, with the the following actions will be followed.

4. The Registry, where it considers it necessary, may arrange for the signature of the signatures appearing in the certifications presented to it or, where appropriate, to have them legitimized by the interested parties.

Article 16. Time limits for submission.

1. Applications for constitutive registration shall be made within one month of the granting of the corresponding public deed. If more than six months elapse, ratification shall be accompanied by a public instrument of such a writing, which shall be awarded less than one month before the date of its submission to the Register. In any event, after 12 months after the initial writing has been granted without having completed the above obligations, the Register may definitively refuse the registration requested, with the effect that it may result.

2. The provisions of the above paragraph apply to the registration of the other acts in which the granting of public deed is required, in accordance with the Law of Cooperatives and this Regulation.

3. The application for registration of acts in which their elevation to public deed is not mandatory shall be submitted to the Registry within a maximum of one month from the production of the act. After six months without having submitted such a request, it shall require ratification of the act by the body which produced it, which shall be certified in the manner set out in Article 15.

Article 17. Acts of cooperative societies in constitution.

1. The registration of corporate acts adopted by cooperative societies in the period of the constitution will require prior registration in the Registry of the company.

2. The acts of compulsory registration adopted prior to the constitutive registration must be expressly accepted by agreement of the competent societarium organ, within three months of the notification of the registration constitutive of society. The notarial act or the corporate certification that includes the act shall also include the acceptance agreement referred to in Article 9.1 of the Cooperative Law.

Article 18. Admission to processing.

1. If the application for registration is filed with the Register of Cooperative Societies, if the formal requirements are not met, the applicants will be required for their under-healing in ten days and, if they do not do so in time and form, the Registration shall declare the admission to be processed of the corresponding application with file of the acts. In another case, and within the same period, the Registry shall proceed in accordance with Article 42.4 of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure.

2. Where the application corresponds to an application for registration of a trade mark referred to in Article 14, if the document referred does not meet the regulatory requirements, the Registry shall seek the remedy of the body concerned, in accordance with the provided for in the Law of Legal Regime of Public Administrations and of the Common Administrative Procedure, or of the person concerned when the latter has submitted it to the Registry for registration.

Article 19. Qualification of the recordable acts.

Admitted to the application in accordance with the previous article, the Register of Cooperative Societies will proceed to the qualification of the act which is the object of the registration, through the study of its legal and legal adequacy compliance with the formalities required in the documents in which it is formalised, in the terms of the Cooperative Law, in this Regulation and other rules of an imperative nature.

Article 20. Registration resolution.

1. Where the act which is subject to registration is governed by law, the Register shall declare it in a judgment given for that purpose and shall register the act on the relevant register.

2. If the act which is the subject of the application for registration is not in accordance with the law, or the request for a remedy referred to in Article 18 (1) has not been complied with, the Registry shall decide to reject the registration, to the file of the action.

3. The requirements of the resolutions of content registration adopted by the Register of Cooperative Societies shall be subject to the provisions of the Law of the Legal Regime of Public Administrations and of the Administrative Procedure. Common.

4. In the case of registration of acts of incorporation, modification, merger, division and transformation of cooperative societies, the maximum period for the notification of the decision shall be six months.

Elapsed without notification of the express resolution, the application shall be deemed to be estimated, producing its registration effects.

Article 21. Resolutive powers and resources.

1. The jurisdiction to issue the resolutions referred to in the previous article corresponds to the Subdirector-General of Business Development and Development and Registry of Entities, on a proposal from the official who is directly at the front of the Record.

2. The decisions of the Register of registrations are subject to appeal by the Director-General for the Promotion of the Social Economy and the European Social Fund, in accordance with the provisions of the Law on the Legal Regime of Administrations. Public and the Common Administrative Procedure.

Article 22. Partial enrollment.

Partial registration may be agreed, either on its own initiative or at the request of the person concerned, where the title presented to the register contains acts which may be classified as originating, even if other entries in the same title do not merit such a qualification, provided that those are not affected or conditioned by them. Partial enrollment will only be hosted by the qualified acts as coming.

Article 23. Record modifications.

1. Where, after the registration of an act, material, factual or arithmetical errors are found, either on its own initiative or at the request of an interested party, the Registry shall carry out the registration as appropriate in accordance with the provisions of the Article 105.2 of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure and communicate it to those who are interested.

2. If, after the registration of a corporate act, the Register considers the concurrence of cases of nullity or nullability, the provisions of Articles 102 and 103 of the Law of the Legal Regime of the Public Administrations and of the Common Administrative Procedure. Prior to the promotion of the registration, the Registry shall communicate the records to the offeree company so that it may express what is appropriate to it for a period of one month.

SECTION 3 OF THE REGISTER OF COOPERATIVE ASSOCIATIONS

Article 24. Registration of cooperative associations.

1. The unions, federations and confederations of cooperative societies referred to in Title III of the Law of Cooperatives are obliged to deposit the public deed of incorporation with the content indicated by Article 120.2 of the Law of Cooperatives. Law.

2. Within one month of the deposit of the documentation referred to in Article 120.2 of the Law of Cooperatives, the Register of Cooperative Societies shall have the advertising of the deposit in the "Official Gazette of the State", or shall reject the deposit by a decision based on the absence of any of the minimum requirements laid down in Articles 118 to 120 of the Cooperative Law; in this case, such a register will require for one time only that, within one month, the subsane any defects that are pointed out, and failure to do so shall be rejected from the deposit.

Article 25. Legal personality of cooperative associations.

In accordance with Article 120.4 of the Cooperative Law, cooperative associations shall acquire their legal personality a month from applying to the Registry to deposit the deed of their constitution, except that the Registry agree to its rejection in that term by means of a substantiated resolution referred to in the previous Article.

Article 26. Other obligations of cooperative associations.

Unions, federations and associations of cooperatives must communicate to the Register of Cooperative Societies the variation in the number of their members, without any consequence of registration.

CHAPTER III

Of the other actions and forms of manifestation of the register

SECTION 1 OF THE REGISTRY LOG

Article 27. Legalisation of social books.

1. The cooperative societies referred to in this Regulation shall legalize the social books referred to in Article 60 of the Law of Cooperatives in the area or dependency of Labor and Social Affairs of the Delegation or Subdelegation of the Government. corresponding to the registered office, which shall act by delegation from the Register of Cooperative Societies, except for companies domiciled in the Community of Madrid, which shall do so directly in the Register.

2. Legalization will be prior to the use of the corresponding books. If computer or similar means are used, all data on paper and bound form, which shall be submitted to the bodies referred to in paragraph 1, shall be reflected, chronological and correlative, at the close of the financial year. legalisation within four months of the end of the financial year.

3. The organs referred to shall legalise the books by means of diligence on the basis of the name of the company, class of book, number corresponding to those of its class, number of pages of which it is composed and date of due diligence, and shall seal all their foles, which will be numbered correlatively.

4. The territorial bodies referred to in paragraph 1 shall forward to the Register of Cooperative Societies a copy of the legalisation diligence, for the practice of the corresponding registration.

Article 28. Account repository.

1. The President of the Rector Council of each cooperative shall present, for his deposit in the Register of Cooperative Societies, the certification of the agreements of the General Assembly of approval of the annual accounts and of the application of the surplus or loss imputation, in the terms and time limits of Article 61.4 of the Cooperative Law.

2. With this certification, a copy of each annual account, the management report and, where appropriate, the auditors ' report shall be submitted to the Register, except in the cases referred to in paragraph 3 of this Article, in which the documentation shall be submitted by duplicate copy. If any or all of the accounts are made in abbreviated form, this shall be stated in the certificate, with the expression of its cause. The deposit shall be entered on the company's personal sheet in the Register.

3. The Registry of Cooperative Societies shall inform the Commercial Registry of the deposit of the accounts of the companies which are also obliged to do so in the Commercial Registry, without prejudice to the provisions of the Royal Decree to which it is refers to the third final provision of the Cooperative Law.

4. If the depositor expressly requests it, the deposit shall be notified to it, if any, with an indication of the Trade Register to which it has been sent.

Article 29. Appointment of auditor of accounts.

1. In the special cases referred to in Article 62 (2) and (3) of the Cooperative Law, and at the express request of those who are entitled, the Register of Cooperative Societies shall appoint an auditor for a particular account. exercise.

2. The application shall be made in writing, with the expression of the legitimation for the application and, where appropriate, of the reasons justifying it and of the date of closure of the financial year, running the expenditure on behalf of the audited entity.

3. The Registry shall make the appointment of auditor referred to in paragraph 1, by means of an insaculation among the list provided by the Accounting and Audit Institute. The appointment shall be recorded on the cooperative society sheet in the Register.

Article 30. Suspension of activities of a cooperative society.

1. Where a cooperative company provides for the suspension of its activities for a period exceeding one year, it shall inform the Registry of the suspension of its activities, which shall have its effects in relation to the established in Article 38.3 (a) of the recast of the Law on Infractions and Penalties in the Social Order.

2. Where a cooperative society does not submit to the Register an act of registration or compulsory deposit for two consecutive years, the Registry shall initiate the proceedings for clarification or for the suspension of the effectiveness of the corresponding register seats. To this end, the Registry shall inform the company of the circumstances in question, so that, within a period of one month, it shall express what is appropriate or appropriate to its regularisation.

3. The above numbers are without prejudice to, where appropriate, the possible liability of the company or members of its organs.

Article 31. Very serious sanctions communication.

1. The administrative penalties for serious violations of the Law of Cooperatives, in the terms of the recast of the Law on Infractions and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000, of 4 August, communicate to the Register of Cooperative Societies.

2. To this end, the administrative body imposing the sanction, as soon as it acquires firmness, will free the literal certification of the same to the Registry, which will proceed to the corresponding registration by the deadline of limitation of the sanction, and the automatically cancel at expiration time.

SECTION 2. LOG QUERIES

Article 32. Prior qualification.

1. The promoters of a cooperative society will be able to apply for the Register of Cooperative Societies for the prior qualification of the draft Statute. To this end, they shall make the corresponding application, accompanied by duplicate full text of the draft Statute to be submitted for consultation.

2. The prior qualification is binding for the Register of Cooperative Societies, except manifest illegality, and will not be subject to administrative recourse.

3. The provisions of the above paragraphs are without prejudice to the functions of the information offices of the Government Delegations and Subdelegations, referred to in the fourth provision of Royal Decree 2725/1998 of 18 December 1998. December.

Article 33. Certifications on denominations.

1. For the purposes of Articles 10.1.h) and 120 of the Cooperative Law, the Register of Cooperative Societies is the body responsible for issuing certifications on the existence or not of entities registered in that Register with identical denomination as another whose constitution is projected.

2. The name to be certified shall be valid for six months from the date of issue. The period may be extended for another two months if the company has started the registration process.

SECTION 3 OF THE DEMONSTRATION OF THE SEATS OF THE REGISTER

Article 34. Certifications.

1. Certification shall be the only means of proving the content of the acts entered in the Register and shall be issued at the request of those who demonstrate an interest in the act which is the subject of registration in accordance with Articles 30 to 34 of the Law of Legal status of public administrations and the common administrative procedure.

2. Literal certification may be performed by using any mechanical means of reproduction.

Article 35. Other forms of manifestation.

The principle of advertising may be completed by issuing a simple note of the registered seats, or by displaying them, where the condition of the person concerned is not met, or when the condition of the person concerned is not met. refers to the previous article.

CHAPTER IV

From the organization and operation of the Registry

SECTION 1 OF THE ORGANIZATION OF THE REGISTRY

Article 36. From the Register of Cooperative Societies.

1. For the development of the registration functions established in the Law of Cooperatives and in this Regulation, the Register of Cooperative Societies referred to in Article 3 is established as an organ of the General Administration of the State in the the scope of the powers that correspond to it.

2. The Registry shall be located in Madrid and shall have a unitary character for the entire national territory, for the purposes of the powers referred to in the preceding paragraph, with the arrangements laid down in this Regulation, in dependence of the Directorate-General For the promotion of the Social Economy and the European Social Fund of the Ministry of Labour and Social Affairs or a management centre which in the future will replace it.

3. The Work and Social Affairs areas and dependencies of the Government Delegations and Subdelegations shall have the delegated functions of the Register of Cooperative Societies set out in this Regulation.

Article 37. Registration sections in Ceuta and Melilla.

1. In the cities of Ceuta and Melilla there will be a section of the Register of Cooperative Societies, which will be located in the Work and Social Affairs area of the respective Government Delegation.

2. In those sections, under the functional and technical dependency of the Register of Cooperative Societies, all the registered functions that correspond to the cooperative societies constituted to act mainly in the field will be assumed. the respective territorial area of Ceuta or Melilla.

3. In the cases referred to in the preceding paragraph, the qualification, registration and certification authority shall correspond to the Director of the area referred to in paragraph 1 of this Article.

SECTION 2 OF THE OPERATION OF THE LOG

Article 38. Rules of operation of the Registry.

1. The Register of Cooperative Societies shall receive the application for registration or endorsement, accompanied by the documents required in each case by application of the Cooperative Law and this Regulation.

2. The rules on the initiation, ordination and finalization of the registration procedure, as well as on the computation of deadlines and requirements of the recordable acts, will be those established by the Law of the Legal Regime of the Public and the Common Administrative Procedure.

3. They are entitled to apply for registered registrations who have been appointed for that purpose in the writing of the constitution, who perform the duties of President and Secretary of the governing body of the company and, in their defect, who have been given sufficient power under the statutory rules.

4. Applications for registration or registration as referred to in this Regulation shall be expressly addressed to the Register of Cooperative Societies of the Ministry of Labour and Social Affairs, except those relating to the legalisation of Books, which is direct the relevant body within the meaning of Article 27 of this Regulation. The time limits for admission to processing and for the notification of the decision shall be computed from the day after the application has become effective in the Register of Cooperative Societies.

5. After the registration procedure is completed, the Registry shall make the authorized copy of the writing available to the persons concerned; at the request of the person concerned, a copy of the corresponding corporate certification shall be returned to the interested party when the latter is contain the registered act.

6. The publication of the corporate acts which are required to be applied in the applicable legislation shall be on behalf of the respective company.

Article 39. Documentation for the Registry.

1. The Register of Cooperative Societies shall have a Book of Societies, a European Cooperative Company Book and a Book of Associations for the practice of the registered seats corresponding to each class of legal person.

2. The Books of Societies and Associations shall be carried out by the personal sheet system, in accordance with Article 110.2 of the Law of Cooperatives. The European Cooperative Society Book, in accordance with Community legislation.

3. Each cooperative society shall have a personal sheet in the Register, which shall be assigned an ordinal number which shall be the registration number of the corresponding company together with its name.

4. The personal sheet shall, where appropriate, provide for the necessary annexes or folios, which shall be numbered in accordance with the provisions of this Regulation, which shall be numbered in accordance with the provisions of this Regulation. The inscriptions shall be numbered according to the chronological order of their production, either by virtue of express act or by administrative silence, and shall have in the sheet of space reserved for the purpose. The annotations will be produced in order, in marginal spaces of the sheet established for this purpose.

5. On the occasion of the first constitutive registration, the corresponding sheet will be opened, whose enabling diligence will contain the data of corporate identification and registration and will be subscribed by the manager of the Registry.

6. The processing of actions without registration content shall be subject to the general rules governing public administrations.

7. Documents that access the Registry shall form the file of each entity, which shall be incorporated into the record of the register. The documentation relating to the deposit of accounts and audit shall be filed separately by economic entities and financial years.

Article 40. Management of the register seats.

1. The register seats will be performed by extract, the full text of the document can be incorporated by means of the use of computer means, and with reference to the file where the document is registered.

2. Requests for registration according to the order of your entry in the Register will be given priority.

3. The Register shall apply the principle of the following procedure, so that no registration or entry may be made without that of the preceding acts of registration or annotation, where the content of the act whose registration is request.

SECTION 3 OF THE COLLABORATION WITH OTHER RECORDS AND AGENCIES

Article 41. Collaboration with the Cooperative Registers of the Autonomous Communities.

1. Where the Registry finds that the registered jurisdiction may correspond to another Register of cooperatives, it shall be directed to that which it considers to be competent, by referring the application together with a literal certification of the registered seats for the a resolution which it considers appropriate and with the expression of the foundations which support such competence. Acceptance of the competition by the Register of cooperatives of the respective Autonomous Community, will inform the registration of the Cooperative Societies to the appropriate effects.

2. Where a cooperative registered in a regional register applies for registration in the Register of Cooperative Societies for changes in the field of activities, the latter shall be directed to the Register where the company has been registered to the literal certification of the registered seats of the company is submitted. If the registration is carried out, the registration records prior to the seat concerned shall also be entered, if they have been submitted, and the registration shall be communicated to the Register of origin.

3. The Register of Cooperative Societies will request information from the Registers of Cooperatives of the Autonomous Communities that have competence in the matter, for the purposes of issuing certificates of denomination, in the terms provided for in the Article 33.

4. The Register of Cooperative Societies will collaborate with the other Cooperative Registers, providing them with the necessary information for the development of their functions, and may also obtain from these data the data deemed necessary for them. the management that corresponds to it.

Article 42. Coordination with the Mercantile Records.

1. In coordination with the Mercantile Records in matters of legalisation of books and deposit of the annual accounts, the provisions of the Royal Decree referred to in the final provision of the Law of Cooperatives will be provided.

2. The issuance of the negative certification of the requested denomination shall be carried out by the Register of Cooperative Societies after information to the Central Mercantile Register. After five days without such information being provided, the procedure shall be carried out and the corresponding certification shall be issued.

Article 43. Collaboration with other agencies.

1. The Registry of Cooperative Societies shall deliver the certifications and issue the reports requested by other public administrations bodies, when they correspond to the exercise of tasks or tasks assigned to them, and relate to data or circumstances of registration content on specific cooperative societies.

2. The registration will free the registration certificates requested by the courts.

Article 44. Collaboration for compliance with the Cooperative Law.

1. The Register of Cooperative Societies shall request the action of the Labour and Social Security Inspectorate, in the terms of its Law of Order, and for the purposes of Articles 2.6 and concordant of the recast of the Law on Infractions and Penalties in the Social Order, approved by Royal Legislative Decree 5/2000, of 4 August, when you have a background on potential breaches of the provisions of the Cooperative Law.

2. If the Register of Cooperative Societies proves, by any means, indications of non-compliance in the matter of its competence, it shall address the relevant society by requiring it to be under-healing or for clarification of situations, with a view to prior to proceeding pursuant to paragraph 1 of this Article.

Single transient arrangement. Adaptation of Statutes to the Law of Cooperatives.

1. The cooperative societies formed prior to the Law of Cooperatives will have three years from that validity to adapt their Statutes to that Law, according to the second transitional provision of the Law.

2. After that period, no document shall be entered in the Register of any of the companies, until the adaptation of its social statutes has been registered, except for the cases referred to in that transitional provision. The rules for the registration of the adaptation of the Statutes shall be those laid down in this Regulation.