This Royal Decree is partially reformed by the Regulation governing the professional performance of the collegiate trade corridors, which, approved by Decree 853/1959 of 27 May, was already reformed by the Royal Decrees of 13 January 1997; 13 November 1981; 11 April 1984; 23 December 1987; and 1 June 1990.

This reform is due to the mandate contained in the second provision of the Law 24/1988, of July 28, of the Securities Market. It also responds to the need to develop regulations for the new disciplinary regime established for the corridors in the eighth additional provision of the recent Law 3/1994 of 14 April, adapting the Spanish legislation on credit institutions to the Second Banking Coordination Directive.

Article 1 of this Royal Decree introduces into the current Regulation some modifications concerning the exercise of its functions by the brokers and their corporate organization that have been considered essential.

Thus, as a significant novelty, the new Article 33 of the Regulation now requires, as a general rule, the personal presence of the corridor at the time of granting of the document object of intervention. However, this rule is excepted as regards the granting of documents by the representatives of the financial institutions. With this solution, while the intuitive function of the intervention is fulfilled, the agility of the traffic is respected. Repair that the new rule, although it requires the personal presence of the broker in the act of granting by the consumer or user, does not require the unit of act of the different grants, unless requested by the contracting parties.

The new provision also specifies the obligations regarding the intervention of operations by the brokers, in order to guarantee better that the intervention of the corridor ensures the legality of the operations intervened, thus as, in particular, their compliance with consumer and user protection legislation.

Finally, the first article of this Royal Decree modifies certain precepts of the current Regulation concerning the competition, file of the Libros-Registro, conventions, incompatibilities and demarcations. It is worth noting the accommodation of the Libros-Registro system, providing for the possibility of microfilming; and, in the matter of consumer and user protection, the obligation for the Colleges of Brokers to establish information and complaint services, in order to channel any requests for information or complaints related to the professional activity of the runners.

The second article of the Royal Decree, in development as provided for in the eighth provision of Law 3/1994, incorporates the new disciplinary regime of the brokers into the Regulation. Respecting the limited scope of regulatory authority in sanctioning matters, it specifies the violations and graduations of the sanctions, taking into account the particularities of performance and the collegial organization of the body of runners.

Finally, and in view of the fact that the abovementioned additional provision, eighth of Law 3/1994, severely sanctions the perception by the corridor of tariff duties in excess of those laid down, the additional provision raises (a) a certain number of tariff headings, since the application of the current Arancel results in symbolic quantities.

In its virtue, on the proposal of the Minister of Economy and Finance, after the approval of the Minister of Public Administrations, in agreement with the State Council, and after the deliberation of the Council of Ministers at its meeting of 24 of July 1997,

D I S P O N G O:

Article first.

Amendment of Titles I, II, III and IV of the Rules of Procedure for the Internal Regime of the Official Colleges of Trade Brokers, of its General Council and regulating the exercise of the position of the Collegiate Corridor of Commerce, approved by Decree 853/1959 of 27 May (hereinafter referred to as 'the Regulation').

The following changes and additions are introduced in Titles I, II, III and IV of the Regulation:

1. Article 12 (2) of the Regulation shall be worded as follows:

"The notice shall be published in the Official State of the State '' and in the notice board of the General Council, with the applicants having a period of 15 days for the submission of instances at the seat of the General Council."

2. Article 12 (6) of the Regulation shall have the following

:

" The General Council, after the deadline for submitting applications to take part in the corresponding transfer contest and within 15 days, will make a proposal for a resolution of the same, publishing it on the board (a) notice of its registered office for five working days, within which time the relevant claims and claims may be lodged. '

3. The first and second paragraphs of Article 13 of the Regulation shall be worded as follows:

" Article 13.

The restricted opposition between collegiate trade corridors, as referred to in the third paragraph of Article 9, shall be convened by the Directorate-General of the Treasury and Financial Policy, which, on a proposal from the Council General, appoint a Court, composed of: the President of the Council, as President, with the power to delegate to a Vice-President or Vocal of the General Council, which will do its times; as Vocals, two collegiate trade corridors that are in active, a professor of the University of subjects on which the exercises are, and a Official of the Directorate General of the Treasury and Financial Policy, with minimum category of head of service. The Youngest Vowel of those appointed by the Council shall act as Registrar of the Court.

In the competition phase, seniority and other merits such as overlapping competitions, doctoral courses or obtaining the title of Doctor, university degrees and publications on subjects related to the competition will be valued. professional exercise. '

4. A final paragraph is added to Article 20 of the Regulation:

" The obligation to provide bail may be fulfilled by the hiring of a liability insurance, the guarantee effects of which will be similar to the security, by covering the liabilities that may be incurred by the (a) in their professional practice. "

5. Article 21 of the Regulation will have the following wording:

" Article 21.

The Minister of Economy and Finance, after a report of the General Council, shall determine the amount of the security as well as, where applicable, the amount, form and requirements of the liability insurance. "

6. A new paragraph is added to Article 30 of the Regulation:

" The Board of Directors of the Colleges shall establish within six months a service of information and complaint of the users or consumers, in charge of receiving and processing the complaints or requests for information formulated by individuals on the professional performance of the runners. "

7. Article 32 of the Regulation shall be worded as follows:

" Article 32.

Trading brokers will be required to carry and retain a record-book with the requirements set out in the laws and in this Regulation. The Register-Book shall have an Official Registration status as regards the contracts of public effects, industrial and commercial values, goods and other acts of commerce in the respective square.

On an exceptional basis, and exclusively for certain types of acts or contracts, the Directorate-General of the Treasury and Financial Policy, after reporting by the General Council, may authorize the conduct of other Books.

The contents of the Book-Book may not be disclosed by the trade broker except in the following cases:

a) When stakeholders consent to it.

b) When laws require it.

c) At the request of the judicial authority.

d) At the request of the Ministry of Economy and Finance, the General Council or the Colleges, in the framework of the inspection powers that those entrusted with respect to the actions of the trade corridors. "

8. Article 33 of the Regulation shall be worded as follows:

" Article 33.

The contracts to be used must be subscribed in the presence of a trade broker. However, in respect of financial institution representatives, in respect of the granting by such entities only, the trade corridor shall, if it is not in person, be assured, in advance of the intervention, of the identity, capacity and legitimacy of the signatures of such representatives, leaving constancy in the policy of these circumstances.

The different contracts will not require unity of act, and can therefore take place at different times, except that a legal or regulatory provision sets the opposite. However, any interested party may require the unit of act.

If the date of any of the signatures was earlier than the date of the document itself, this circumstance will be recorded in the Book-Book of the corridor, with the expression of the specific date of each grant made in advance. Between the date of the first grant and the date of the last grant, no longer than two months may be concluded. After that time limit, without the necessary circumstances to formalize and intervene, the broker may not intervene, and if necessary, a new document shall be granted and signed by the parties concerned.

When a broker is required to intervene an operation in which the signature of some of the documents is intended to be carried out outside its territorial jurisdiction, it will forward it to a competent broker to Intervene and make the corresponding seat in your Book-Register, who, once intervened and settled, will return it to the relevant broker. "

9. Article 34 of the Regulation shall be worded as follows:

" Article 34.

The Bookstore-Log of operations will be carried forward, without leaving any blanks or interpolations, blanking, scraping or amendment. Where errors or omissions are made, they shall be extended to be corrected or complementary, with a current date, the corresponding note being made on the margin of the original seat.

In cases of inadvertent omission of a seat in the Book-Record, the runner shall extend the corresponding seat with current date, stating in the same the omission suffered and, at the end of the seats of the day when the operation should have been recorded, the timely referral note. The Trade Union Board shall be given an express account of each seat of omission in the relevant party, and shall record it in the certification it issued. In the case of the Register-Register deposited with the College, the seats of rectification and omission shall be effected, at the request of the intervener or of the interested party, by means of the minutes, by the member of the Board of Trade Unions which is designate, after agreement of the same, being carried out in the corresponding Book-Record to the margin of the rectifying seat or at the end of the seats of the date of the omitted. To adopt such an agreement, the Trade Union Board may require all documents and information to be deemed appropriate.

If the Book-Book is held by a square runner other than the College's seat, the actions referred to in the preceding paragraph shall be carried out by that corridor at the request and by delegation of the Trade Union Board. "

10. Article 35 of the Regulation shall be worded as follows:

" Article 35.

The ratio of performances of the collegiate trade corridors contained in the current provisions will be incorporated into the Register by the corresponding seats.

The documents will be settled in the Book-Record in chronological order, by means of separate and numbered seats, starting with the number 1 each calendar year. The passage from one tome to another will be done respecting the correlation of numbers and dates.

The Ministry of Economy and Finance will be able to regulate with due guarantees the replacement of the Libros-Registro and Archives by other technical means of reproduction and archiving. "

11. Article 36 of the Regulation shall be worded as follows:

" Article 36.

Certifications will be issued upon request of a person entitled to apply for it and within a period of no more than 15 days. They have the right to be the contractors or bestowers, their successors, their proxies with sufficient power and the judicial authority. "

12. Article 41 of the Regulation will have the following wording:

" Article 41.

Collegiate trade brokers who charge higher tariff duties than those established will be sanctioned in accordance with the provisions of Title V of this Regulation. "

13. Article 46 of the Regulation will have the following wording:

" Article 46.

Two or more brokers attached to the same market place may establish agreements aimed at achieving a better practice of the profession, a proper organization of work or better care for the clientele. If such conventions provide for associative forms for the professional exercise, geographical areas within the square, within the meaning of Article 51, or other circumstances justifying it, may have been identified. provide for the distribution between the associated or agreed on the duties accrued.

The agreements and associative forms, including their modifications, will be authorized by the Directorate General of the Treasury and Financial Policy. The authorization shall be requested in writing signed by all the brokers concerned and with the report of the respective Trade Union Board. One month after the submission of the application without express resolution, it may be deemed to be estimated. For the effectiveness of the presumed estimate, the certification of an alleged act must be obtained or, if not obtained, a record of having been requested, as provided for in Article 44 of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure. The resolution shall be subject to ordinary appeal to the Minister for Economic Affairs and Finance.

The Directorate-General of the Treasury and Financial Policy may, by means of a resolution, fix the rules to which the conventions are required to comply.

When there is an agreement affecting all the corridors of a square, the new corridors that are attached to it may accede to the convention at any time. "

14. Article 47 of the Regulation is worded as follows:

" Article 47.

1. The collegiate trade corridors will be subject to the incompatibilities established by Law 53/1984 of 26 December and its implementing legislation. It is up to the Undersecretary of the Ministry of Economic Affairs and Finance to issue the reports and proposals referred to in Articles 9 and 14 of Law 53/1984 of 26 December, prior to the report of the Directorate General of the Treasury and Financial Policy.

2. In application of the provisions of Article 11.2 of Law 53/1984 of 26 December 1984, the situation of active trade corridor service will also be incompatible with the membership of the boards of directors of credit institutions and credit financial institutions.

3. The broker shall refrain from intervening in operations in which he has a personal interest. In particular, operations may not be involved when any of the following circumstances apply:

(a) Having the status of a member of the company or entity that is a party to the transaction.

b) Having a contentious issue pending with some grantor.

c) That the intervention operation affects a relative of up to the fourth degree of consanguinity or second degree of affinity. "

15. New wording is given to Rule 49 of the Rules of Procedure:

" Article 49.

Collegiate trade corridors shall keep copies of contracts and documents to which they are obliged and all those they deem appropriate for the provision of the service. "

16. A new paragraph is added to Article 50 of the Regulation with the following text:

" At most every ten years, the Minister of Economy and Finance will review the establishment plan, division and category of each of the market places, taking into account the evolution of the commercial traffic, to the number of intervened operations per corridor and other relevant parameters to ensure the proper delivery of the service. Unless exceptional circumstances exist, the review shall take place prior to the processing of public information. In any event, the report of the Autonomous Communities with competence in the field must be requested. "

17. The penultimate paragraph of Article 51 of the Regulation shall be read as follows:

" In those places where the number or distribution of inhabitants or of the operations involved so advises, for a better performance of the professional exercise, it will be possible to point out areas within the square that the runners must be in accordance with the necessary shifts or rules to be established. The area fixing agreement must be adopted by a two-thirds majority of the corridors in the square. This agreement will be submitted by the Trade Union Board to the approval of the General Directorate of the Treasury and Financial Policy, after the General Council has been informed.

The Directorate General of the Treasury and Financial Policy, prior to the report of the Board of Directors of the corresponding College, will be able to set up areas within a square setting the rules of attention for the corridors of the square. "

18. Article 72 of the Regulation is worded as follows:

" Article 72.

Collegiate trade corridors may be able to rely on the development of their dependent dependent functions so that, subject to the limitations of Article 33, they assist them in the intervention of transactions, in so doing his case, in the policy intervened. "

19. Article 79 of the Regulation shall be worded as follows:

" Article 79.

Within the four-month period from the end of the corridor, your records must be delivered to the corresponding College for preservation and archiving. The delivery will be made by the broker itself and, failing that, by its successors or representatives. In the absence of each other, the Trade Union Board shall be empowered to take charge of the Register-Book, taking the appropriate measures.

When a broker passes to the situation of surplus, his/her records will also be given to the College, but in case of return to the active service they will take charge again of them if they provide service in the same square.

Any delivery and return, if any, of the Register-Register shall be recorded by the act signed by the President, by the Archives and by the appropriate broker or person, unless the latter is not possible.

The Board of Directors of the Colleges, in order to better fulfill the function, will be able to arrange that, in places other than that of the residence of the College, the Libros-Registry of the corridors ceased are guarded by a For a period not exceeding five years counted from the respective end of the year, These provisions of the Trade Union Boards shall be brought to the attention of the General Council of the Colleges and may be revoked at any time by the Council. The brokers to whom they are entrusted with the custody of the Libros-Registro shall be entitled to issue, by designation of the Board of Trade Unions, certifications of the seats of the same, of which they shall send a copy to the Board of Trade Unions. "

20. Article 82 of the Regulation shall be worded as follows:

" Article 82.

The collegiate trade corridor will ensure the identity and legal capacity to hire the people whose operations it intervenes, as well as the legitimacy of their firms, and can be helped by these of the same square. It shall also provide impartial advice to the parties and shall ensure respect for the basic rights of consumers and users.

The public faith that the legislation in force recognizes the intervention of the collegiate trade corridor is under the jurisdiction of the courts and cannot be denied or distorted in the legal or regulatory effects of the law. produce, without incurring liability. "

21. Article 83 of the Regulation shall be worded as follows:

" Article 83.

1. The collegial trade corridor shall obtain the normative precepts applicable to each operation, the concurrence of any administrative authorizations which, if any, are required, as well as the respect of the following rules:

(a) That the validity and performance of the contracts is not left to the arbitration of one of the parties.

b) The contract to be governed by the written clauses of the document in which it is formalized; without forwarding or references to general conditions that have not been literally transcribed in it.

c) That the laws in force on the protection of consumers and users, and any other provisions on the protection of consumers, be respected. The corridor shall warn against any failure to comply with the provisions of that legislation as regards general terms and conditions and, in particular, with regard to unfair terms.

2. Without prejudice to its general obligations, in the operations listed below, the corridor shall require compliance with the following rules:

(a) In the case of loan contracts, the financial conditions of loans, such as interest rates (modality, applicable rate, review period), depreciation clauses and commissions, should be clearly set out.

(b) In the case of leasing contracts, the total amount of the contract, the fees, the terms of the exercise of the right of purchase option, the rights of the lessor in the event of insolvency and the causes of resolution.

(c) In the guarantee contracts, the guaranteed obligation, the form of guarantee and the amount of the guarantee shall be determined on the policy. To this end, the determination of the solidarity or non-guarantee character shall be required, the completion of its term of validity and the benefits to which, if any, it is waived.

3. If the action of a collegiate trade corridor is required and the latter is motivated to intervene, the interested parties, if they consider the refusal to be unjustified, may put it to the attention of the Directorate-General of the Treasury and Financial, which, heard by the broker, will resolve within 15 days. The resolution shall be subject to ordinary appeal to the Minister for Economic Affairs and Finance. '

22. Article 85 of the Regulation shall be worded as follows:

" Any policy that is brought by a trade broker shall include at least the following:

1. The place, day, month and year in which you intervene.

2. The name of the runner who intervenes. Where the latter acts by regulatory replacement or by designation of the Trade Union Board, such circumstances shall be expressed.

3. The name or the name or the name of the contractors or interveners, their domicile, as well as how many other data the broker considers appropriate or requires the law in order to identify those. The name and surname of the natural persons involved shall be indicated in the case of representation or proxy.

4. The qualification of the act or contract, with the name known to be entitled or attributed to the commercial uses, unless it has no special name.

5. The content of the legal business in question in accordance with the statements of the interveners.

6. The conformity and approval of the interveners to the content of the policy as drafted, and its signature.

7. The signature and stamp of the intervener. "

23. Article 98 of the Regulation will remain as follows:

" Article 98.

The demarcation of the Colleges will, preferably, have the territorial scope of the Autonomous Communities. "

24. A new paragraph is added to Article 129:

"Resolutions and acts of the General Council may be the subject of an ordinary appeal to the Directorate-General of the Treasury and Financial Policy."

25. The following changes are introduced in Article 130 of the Regulation:

1.o Paragraph (c) is left as follows:

"c) Evacuate the consultations that the Colleges or the brokers have to them on technical matters of the profession."

2.o Paragraph (g) is worded as follows:

" g) Velar for the exact compliance of the existing provisions by the Colleges and the trade corridors. For these purposes, and in the field of the provisions of this Regulation, it may issue instructions of an internal order of enforcement. These instructions shall be sent to the Directorate-General of the Treasury and Financial Policy, which may suspend its application or leave them without effect within a period of 15 days when it considers that the decisions given in force are in breach of the rules in force. in this matter they shall be subject to ordinary appeal to the Minister for Economic Affairs and Finance. "

3.o Add a new paragraph or) in the precept, with the following text:

"or) Promote to the General Directorate of the Public Treasury and Financial Policy the annual number of operations from which the quotas set out in Article 145 shall apply, whichever is the case."

26. Article 145 of the Regulation shall be worded as follows:

" Article 145.

The General Council will have the resources to support it:

(a) The amount of annual fees to be set by each College according to the number of transactions that are held annually by its members.

(b) Special quotas allocated to those members whose annual number of transactions exceeds that of which, where appropriate, the General Directorate of the Treasury and Financial Policy is established. These quotas shall be progressive, with an amount per seat starting from the first in excess of the number previously determined. '

Article 2. Amendment of Title V of the Regulation.

Title V of the Regulation will be referred to as "On the Disciplinary Regime", and the following changes and additions are inserted:

" Article 162.

1. In application of the additional provision, eighth of Law 3/1994, of 14 April, adapting the Spanish legislation on credit institutions to the Second Banking Coordination Directive and introducing other amendments concerning the financial system, the disciplinary arrangements for the collective trade corridors shall be in accordance with the provisions of this Title.

2. The faults committed by the collegiate trade corridors may be very serious, serious and minor.

Article 163.

Very serious faults:

1. Acts constituting a criminal offence related to the provision of public faith or causing harm to the Administration or to individuals included in the types of documentary falsehood, infidelity in the custody of documents, disclosure of secrets and influence peddling.

2. It has been administratively sanctioned for a serious infringement of tax rules, provided that the infringement is of considerable damage to the Public Finance, or very serious of provisions in the field of prevention of capital or market of securities, in the latter case provided that the infringement is directly related to the exercise of the profession.

3. To have been administratively sanctioned for serious or very serious infringement of commercial provisions directly related to the exercise of the profession.

4. The intervention of operations which are contrary to the provisions of the laws or their regulations, or which lack the necessary administrative authorizations, when any of the following circumstances are present:

a) That serious harm to clients, third parties or to the Administration.

b) That the amount of the operation involved exceeds 10 million pesetas.

c) That the required authorizations be regulated in legal-range provisions.

5. The intervention of operations without observing the forms and rules on presence, unit of act and verification of capacity, identity assurance, duty of advice, as well as a serious breach of the obligations established in the Article 83.

6. The malicious alteration or omission of the data contained in the seats of the Libros-Registry or in the documents that they issue for the purpose of the exercise of their office.

7. The infringement provided for in paragraph 3 of the third provision of the Law on Public Fees and Prices.

8. The perception of higher tariff duties than those established, where one of the following conditions is present:

a) That in the performance of the runner he mediase dolo or grave fault.

(b) The excess charged to be greater than 20 per cent of the duty to be applied and, in addition, that excess exceeds 5,000 pesetas.

9. The denigratory acts, where they may be the constitutive of offences of injury or slander against members of the body of brokers or of their corporate bodies, as well as acts involving contempt or disrepute of professional capacity of other corridors.

10. In addition, the infringements provided for in the Disciplinary Regime of Civil Servants of the State Administration are very serious:

(a) Failure to comply with the duty of fidelity to the Constitution in the exercise of the profession.

(b) Any professional action which constitutes discrimination on the basis of race, sex, religion, language, opinion, place of birth, neighbourhood or any other personal or social condition or circumstance.

(c) The unjustified absence of the broker from his office on an ongoing, and even intermittent basis, when he carries out the neglect of his professional duties and, in any case, when such absences reach 40 percent of the days Two consecutive months.

d) The notorious lack of performance when carrying out inhibition in the fulfillment of the deadlines for the completion of the Book-Record and for the issuance of the certifications, as well as the lack of attention of the areas that are assigned in accordance with Article 51.

e) The violation of political neutrality or independence, using the powers conferred to influence electoral processes of any nature and scope as well as hindering the exercise of public liberties and trade union rights.

f) Non-compliance with the rules on incompatibilities.

g) The implementation of acts aimed at the free exercise of the right to strike, as well as the participation in illegal strikes and the failure to comply with the obligation to attend the essential services in the event of a legal strike.

h) The obstruction of the exercise of public freedoms and trade union rights.

i) The limiting acts of free expression of thought, ideas and opinions.

j) Haber has been sanctioned by the commission for three serious fouls in a period of one year.

Article 164.

Serious faults:

1. Acts constituting a criminal offence related to the provision of public faith or which cause harm to the Administration or to individuals, where they are not constituting very serious misconduct.

2. Having been administratively punished for a serious infringement of provisions on the prevention of money laundering or the market in securities, in the latter case, provided that the infringement is directly related to the exercise of the profession.

3. It has been administratively sanctioned for a simple infringement of tax provisions, provided that the infringement is a major injury to the public finances.

4. The intervention of operations which are contrary to the provisions of the laws or regulations or which do not have the necessary administrative authorizations, where the circumstances permitting the offence to be classified as very serious are not present. serious.

5. The intervention of operations without observing the forms and rules established legally or regulentarily for the provision of public faith, when the infraction must not be qualified as very serious.

6. The perception of tariff duties in excess of those established, where the circumstances allowing the infringement to be classified as very serious are not present.

7. In addition, the following offences provided for in the Disciplinary Regime of Civil Servants of the State Administration are serious misconduct:

(a) The lack of obedience due to the Trade Union Boards and the General Council of the Official Colleges, and the refusal or resistance to display the Libros-Registration when the corridor is required by the Administration, or by the Collegiate bodies.

(b) The conduct constituting the offences of injury or slander committed against auxiliary personnel.

(c) The intervention of transactions where one of the circumstances provided for in Article 47.3 of this Regulation is present.

d) The lack of performance that affects the normal operation of the service and does not constitute a very serious fault.

e) Failure to comply with the obligations required by law and regulation on professional secrecy, provided that such non-compliance is not a matter of serious misconduct.

(f) Failure to comply with deadlines or other procedural provisions in the field of incompatibilities, where there is no maintenance of an incompatibility situation.

g) The serious disturbance of the service.

h) The serious attack on the dignity of the staff at their service, other trade corridors, the collective organs or the administration, as well as the serious lack of consideration with the clients.

i) The third unjustified lack of assistance over a period of three months, when the previous two were subject to a penalty for a minor lack of assistance.

8. Acts constituting unfair competition, which shall be as follows:

(a) The public comparison of the service provided by a broker with those of another, when the comparison relates to extremes that are not analogous, relevant, or verifiable.

b) The induction of the staff of another broker to infringe upon the basic contractual duties contracted with him.

(c) To the extent that they do not infringe Article 163 (4) and (5) or the same Article, any other conduct qualifying as acts of unfair competition, as provided for in Chapter II of Law 3/1991, of 10 January, of Unfair Competition.

d) To the extent that it does not infringe Article 163 (9), the conduct of advertising of its services by a broker, where it may be classified as unlawful, in accordance with the provisions of Title II of Law 34/1988, of 11 November, General Advertising.

Article 165.

They are minor faults:

Failure to perform the duties and obligations of the rider, provided that they are not qualified as a very serious or serious fault.

Article 166.

The liability for violations committed by the trade corridors shall be in accordance with the provisions of Chapter III of Title I of the Rules of Procedure of the Officials of the State Administration.

Article 167.

1. The following penalties may be imposed for the faults referred to in this Regulation:

a) Separation of the service.

b) Suspension of functions.

c) Transfer with change of residence.

d) Aperception.

In the case referred to in Article 163.7, the penalty to be imposed shall be that of suspension of functions for a period of five years, and, in the event of a recurrence, may result in the separation of the service.

2. The penalty for repairing the service may be imposed only for very serious offences.

3. The penalties referred to in paragraphs (b) or (c) may be imposed by the committee on serious or very serious misconduct.

The suspension of duties imposed by commission of very serious misconduct shall not be greater than six years and not less than three years. If it is imposed for a serious fault, it shall not exceed three years.

If the firm suspension does not exceed the period in which the official remained on provisional suspension, the penalty will not necessarily result in loss of the place.

The brokers sanctioned with transfer of residence will not be able to obtain a new destination by any procedure in the locality from which they were transferred, for three years, when it was imposed for lack of serious, and during one, where the commission was responsible for a serious misconduct. That period shall be counted from the time the shipment was made.

4. The trade corridor sanctioned by transfer with change of residence will have to participate in the first post-firmness transfer contest on the administrative route of the sanction. In addition, in these transfer competitions, the rider will not be able to apply for places of superior category to those that he occupies at the time of the contest.

5. Minor faults shall be corrected by warning.

6. In the case of levying duties in excess of the rules laid down, the corridor, without prejudice to the appropriate sanction, will be obliged to refund the amounts unduly paid, increased with the legal interest accrued from the time they were received.

Article 168.

The extinction of the disciplinary liability of the runners shall be governed by the provisions of Chapter V, Title I of the Rules of Disciplinary Procedure of the Officials of the State Administration.

Article 169.

1. The imposition of penalties for serious or very serious misconduct shall require the instruction of a file in accordance with the procedure laid down in Title II of the Rules of Procedure of the Officials of the State Administration, except for provided for in Articles 170, 171 and 172 of this Regulation.

2. For the imposition of penalties for minor offences, the prior instruction of the file referred to in the preceding paragraph shall not be required unless the defendant has been heard, which must be evacuated in any event.

Article 170.

The Minister of Economy and Finance, on a proposal from the Director General of the Treasury and Financial Policy, may agree to the provisional suspension of a collegiate trade corridor affected by the opening of a criminal proceedings for criminal offence, or an administrative procedure for penalties for serious or very serious infringements of provisions on the prevention of money laundering, tax, commercial or securities markets, provided that in the latter two cases the infringement directly related to the exercise of their profession.

Article 171.

1. They shall be competent to order the opening of disciplinary proceedings:

a) The Director General of the Treasury and Financial Policy in all cases of misconduct.

b) The General Council of the Colleges in the case of serious and minor faults.

c) The Trade Union Boards in cases of minor faults.

2. The decision to initiate the procedure shall include the appointment of the instructor and the secretary. The appointment must be either with the officials of the Ministry of Economic Affairs and Finance, and in particular the Directorate-General of the Treasury and Financial Policy, or in the form of collective trade corridors.

3. The Ministry of Economy and Finance, acting on a proposal from the Director-General of the Treasury and Financial Policy, may, in advance, agree on the provisional suspension of the decision to initiate the procedure and during the procedure disciplinary.

Article 172.

They will be competent bodies for the imposition of disciplinary sanctions:

(a) The Minister of Economy and Finance, on the proposal of the Director General of the Treasury and Financial Policy, in cases of separation of service and suspension of duties.

b) The Director-General of the Treasury and Financial Policy, in the rest of the assumptions.

c) The General Council and the Trade Unions when it comes to warning.

6. The sanctions imposed by the Director-General of the Treasury and Financial Policy will exhaust the administrative route. The sanctions imposed by the General Council shall be subject to the Director-General of the Treasury and Financial Policy.

Article 173.

The Directorate-General of the Treasury and Financial Policy and the General Council may agree on the inspection visits that they deem appropriate in relation to the performance of the Colleges and to that of the brokers. "

Single transient arrangement.

1. The currently existing plaza agreements must be submitted to the General Directorate of the Treasury and Financial Policy within one month of the entry into force of this Royal Decree. Before 31 December 1997, the Directorate-General for the Treasury and Financial Policy shall, for the purposes of promoting the best provision of the service, confirm, in whole or in part, the conventions or leave them without effect.

The resolution confirming only partially or without effect a convention shall be motivated, and shall express the specific points of the convention which may hinder the good performance of the service.

Conventions which, referred to in time, would not have been the subject of an express resolution, before the date referred to in the first subparagraph of this number, may be deemed to be confirmed. For the effectiveness of the presumed confirmation, the certification referred to in Article 44 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure shall be requested.

2. For the purpose of ensuring and verifying compliance with the provisions on incompatibilities applicable to trade corridors, all the members of the Commission shall, within one month of the entry into force of the General Council, send the General Council. Royal Decree, a declaration of activities that further develop the fedataria function.

Single additional disposition.

1. Until compliance with the provisions laid down in the third provision of Law 8/1989 of 13 April 1989 on Public Fees and Prices, the Arancel applicable to the registered trade corridors (Decree of 15 December 1950) is supplemented and adds in the following terms:

1. By the intervention of documents of related amounts in any of the headings, if the application of the Arancel results in a quantity of less than 2,000 pesetas, 2,000 pesetas may be charged.

2.o By the intervention of transactions which, at the request of the party to satisfy the Arancel, require that the trade corridor be moved out of its office, may be charged, in respect of travel expenses, 4,000 pesetas in addition to the Arancel. The Ministry of Economy and Finance shall, within six months, establish specific rules for cases in which several operations are involved in the same movement.

3.o For the issue of certificates of seats in the Libros-Registro, 3,000 pesetas may be charged. In addition, 500 pesetas may be charged for each page of the Book-Register from the fourth, inclusive.

4.o The certification of conformity referred to in Article 1,429 (6) of the Law on Civil Procedure will be able to charge 5,000 pesetas.

5.o The issue of the authentic document of Article 1,435 of the Law on Civil Procedure or other analogues referred to in the last paragraph of Article 147 of the Rules of Procedure concerning the verification of the clearance of accounts, 10,000 pesetas may be charged. In addition, up to 500 pesetas may be charged for each of the sheets or accounting documents checked.

2. As long as no use is made of the rating contained in the last paragraph of Article 50 of the Regulation, the existing categories of market places shall be maintained.

Single repeal provision.

Articles 48, 53, 54, 84, 90, 91, 92 and 99 of the Rules of Procedure for the Internal Regime of the Official Colleges of Trade Brokers, of its General Council and regulating the exercise of the position of the collegiate runner are hereby repealed. of trade, as well as the rules of the Decree of 15 December 1950, except those which establish tariffs. The latter will retain the validity they currently have.

Single end disposition.

1. The Minister of Economy and Finance is hereby enabled to develop, by Order, the provisions of this Regulation.

2. This Royal Decree will enter into force on 1 January 1998.

Given in Palma de Mallorca to 24 July 1997.

JOHN CARLOS R.

The Second Vice President of the Government

and Minister of Economy and Finance,

RODRIGO DE RATO Y FIGAREDO