Article 26 of Law 46/1998 of 17 December on the introduction of the euro, as amended by Laws 14/2000 of 29 December, of Tax, Administrative and Social Measures, and Law of 4 June 2001, for which the the transitional provisions of Law 54/1997 of 27 November 1997 of the Electrical Sector are amended; certain articles of Law 16/1989 of 17 July of the Defence of Competition and certain articles of Law 46/1998 of 17 December, on the introduction of the euro, refers to a regulation for the establishment of the which administrative public records should progressively proceed to materially change the expression of the peseta unit of account by the euro account unit.

This implies the need to develop certain criteria that should govern the process of redenomination in euros of the inscriptions practiced in public administrative registers.

Some of these criteria are contained in rules already enacted with the main purpose of disseminating the content of Law 461998 and facilitating the fulfilment of the obligations that correspond to the entities facing the transition to the new currency. It is sufficient to cite Royal Decree 2814/1998 of 23 December 1998 laying down rules on the accounting aspects of the introduction of the euro, or Royal Decree 2812/1998 of 23 December 1998 on the adaptation of insurance rules, plans and pension funds for the introduction of the euro.

However, it is necessary to supplement the above rules with other additional criteria aimed exclusively at facilitating the practice of the seats of the administrative registers of the figures collected. amounts of money in the new unit of account.

In its virtue, prior to the mandatory reports, on the proposal of the Second Vice President of the Government and Minister of Economy, according to the Council of State and after deliberation of the Council of Ministers at its meeting on November 2001,

DISPONGO:

Article 1. Object and scope of application.

1. The purpose of this Royal Decree is to establish the criteria necessary for the constancy in the euro account unit of the seats of the administrative public registers which express some money in the unit of account. peseta.

2. This Royal Decree shall apply to the seats which are held or which must be practised in registers accessible to the public whose conduct is attributed to a public administration with the exception of the Land, Commercial, Civil and Furniture, without prejudice to the provisions of the first provision. In no case shall it apply to the seats which are or are to be made in the records of the entry and exit of the letters and communications referred to in Article 38 of Law No 30/1992 of 26 November 1992, of the Legal Public Administrations and the Common Administrative Procedure.

3. The rules on registration aspects of the introduction of the euro shall apply to associations, foundations, companies, cooperatives, collective investment institutions and their management entities, venture capital institutions and their management, insurance institutions, collective insurance institutions and their managing bodies, economic interest groups and, in general, all natural and legal persons who are required to register or deposit documents in a public register administrative.

4. The registration rules contained in this Royal Decree shall apply, in the terms provided for in this Royal Decree, to all seats containing figures in the peseta unit of account, relating to economic performance, rights and obligations of all type, instruments, items and inventory notes, annual accounts, including the balance sheet, the results and the notes, and the daily, shares, units, bonds, futures, options and other marketable securities and instruments; Cash contributions, share capital, equity and other similar measures reflect transactions, rights or obligations of economic content that are likely to be accessible to the records referred to in paragraph 2.

Article 2. Redenomination of legal instruments.

1. The monies to be accessed by the administrative public records relating to the persons and entities listed in the previous Article shall be redenominated in accordance with the conversion rate and the rounding rules provided for in this Article. Law 46/1998 of 17 December 1998 on the introduction of the euro and other implementing rules. If necessary, the figure recorded in the Register or, where appropriate, in the documents filed in its protocol, shall be taken as a reference.

2. To this end, the redenomination before 31 December 2001 will require a certificate of the agreement adopted to that effect by the governing body, administration or employer with the signatures legitimated by Notary, where it is clearly stated that the redenomination has been carried out in accordance with the provisions of Law 46/1998 of 17 December on the introduction of the euro, and other rules that are applicable.

3. In accordance with the provisions of Article 21 of Law 46/1998 of 17 December 1998 on the introduction of the euro, the redenomination of the share capital, the equity, the endowment and the nominal value of the shares or shares made in accordance with the provisions of the previous paragraph, shall not accrue any tariff, notarial or registration rights; it shall be exempted from publication in the "Official Gazette of the Trade Register" and shall not pay any tribute.

4. In the event that the redenomination had not been carried out before 1 January 2002, the figures for the share capital, the assets ' endowment, cash contributions of any kind and the nominal value of the shares or shares shall be re-denominated to the euro ex officio by those in charge of the conduct of the administrative public registers as the convertible documents are submitted applying the conversion rate and the rounding rules set out in Law 46/1998 of 17 December, on the introduction of the euro, and other implementing rules.

5. In accordance with the second subparagraph of Article 2 (3) of Law 46/1998 of 17 December 1998 on the introduction of the euro, as from 1 January 2002, all the information referred to in the first subparagraph shall be automatically read. representative figures of cash amounts recorded or recorded in the administrative public registers.

6. From that date, the cash figures in any certification of the content of the seats to be issued by officials and other persons responsible for carrying out the administrative records shall be renamed applying the conversion type and the corresponding rounding rules.

7. The legal instruments which use them as a monetary unit shall be construed as euro, even if they are accompanied by their equivalent in the unit of account pesetas. In such cases, the registration will only be performed on the euro account unit.

Article 3. Annual account deposit.

1. The annual accounts for the financial years to be closed until 31 December 2001 and to be submitted for approval or verification to the governing body, administration or protectorate within the first six years months of 2002 may be deposited in the administrative registers by expressing their values in pesetas or in euro, applying in this case the conversion rate and the rounding rules.

2. The accounts for the financial years which are closed after 31 December 2001 shall be deposited in the administrative registers exclusively in euro, applying, where appropriate, the conversion rate and the rules of rounding.

3. For the deposit of the accounts expressed in euro, they shall include in the balance sheet, in the results and in the accounts the figures for the preceding financial year expressed in euro, applying the conversion rate and the rounding rules.

4. In any event, the access of accounting documents to the administrative public records shall be subject to the substantive accounting rules contained in Royal Decree 2814/1998 of 23 December 1998 laying down rules on accounting for the introduction of the euro.

Article 4. Obligation to monitor compliance with the obligations laid down in this Royal Decree.

1. Officials and other persons responsible for the conduct of administrative public records shall ensure that the rules contained in this Royal Decree are complied with and shall refuse access to those documents. physically or via telematics, which do not comply with the rules contained in it by warning the parties concerned of the defects to be observed in the redenomination rules of the unit of account.

2. They shall only accept documents with monetary amounts expressed in the unit of account when they have an earlier date of 1 January 2002, even if they are presented at a later date. In such cases, they shall be renamed ex officio in accordance with the provisions of Law 46/1998 of 17 December on the introduction of the euro, and other rules applicable to them.

Additional disposition first. Regime applicable to Property, Civil, Commercial and Property Records.

1. In accordance with the second subparagraph of Article 2 (3) of Law 46/1998 of 17 December 1998 on the introduction of the euro, as from 1 January 2002, all figures shall be automatically read as representative of monies registered or entered in the Records of Property, Civil, Commercial, Furniture and other public records of a legal nature other than administrative public records.

2. From that date, the cash figures that are in any certification of the contents of the seats issued by the Registrar of the Property, the Mercantile and the Furniture and the Civil Registry, as well as the In order to take the other public records of a legal nature, they must be renamed using the conversion rate and the corresponding rounding rules.

3. As from 1 January 2002, the Registrar of Property, Commercial and Property Records shall not register or record any documents whose monetary amounts are not expressed in the euro account unit. They shall only accept documents with monetary amounts expressed in the unit of account when they have an earlier date than that day, even if they are presented at a later date. In such cases, they shall be renamed ex officio in accordance with the provisions of Law 46/1998 of 17 December on the introduction of the euro, and other rules applicable to them.

4. The legal instruments which use them as a monetary unit shall be construed as euro, even if they are accompanied by their equivalent in the unit of account pesetas. In such cases, the registration will only be performed on the euro account unit.

5. In the case of the social capital figure and the nominal value of the shares or shares of registered companies, the redenomination of trade shall be carried out in accordance with the criteria laid down in Article 21 of Law 46/1998 of 17 December 1998 on introduction to the euro.

6. For the purposes of legally enforceable minimum capital for companies, account shall be taken of the principle of neutrality and the effect of continuity provided for in Articles 6 and 10 of Law 46/1998 of 17 December 1998 on the introduction of the euro.

7. The re-denomination of trade shall not in any way become a tariff right.

Additional provision second. Discrepancy between the result of denominations corresponding to the same monies in different registers.

If the re-denomination transactions yield a different figure for the same amount of money, in respect of the same financial year, in different registers and thus entered or deposited, it shall have no effect other than in the field of the advertising and other substantive effects derived from the respective registration. In case of divergence, when the constancy of a single figure is necessary, the figure that it covers in the Registry of the Property, in the Mercantile, in the Furniture, in the of the Cooperative Societies, in the of Foundations and in the Associations, in this order. In the absence of the foregoing, the persons, persons and operators in the administrative registers in which the persons, persons and operators are registered shall be the subject of the type of activity which constitutes their object.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed as set forth in this Royal Decree.

Final disposition first. Competence title.

This Royal Decree is issued under the jurisdiction referred to in Article 149.1.11. and 18. of the Constitution.

Final disposition second. Regulatory development.

The Subsecretaries of the Departments to which foundations, companies and other entities listed in Article 1 (3) are attached may issue the instructions for development which are necessary for the redenomination to euros of the cash figures that affect them.

Final disposition third. Entry into force.

This Royal Decree will enter into force the day after its publication in the "Official State Gazette".

Given in Madrid on 30 November 2001.

JOHN CARLOS R.

The Second Vice President of the Government for Economic Affairs and Minister of Economy,

RODRIGO DE RATO Y FIGAREDO