Law 4/2014, Of April 1, Basic Of Chambers Of Commerce, Industry And Navigation Services.

Original Language Title: Ley 4/2014, de 1 de abril, Básica de las Cámaras Oficiales de Comercio, Industria, Servicios y Navegación.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

INDEX

Chapter I. Nature and functions.

Article 1. Object.

Article 2. Nature and legal status.

Article 3. Purpose.

Article 4. Naming reservation.

Article 5. Functions.

Chapter II. Territorial scope and organisation.

Article 6. Territorial scope.

Article 7. Attachment to the Chambers.

Article 8. Public census.

Article 9. Organization.

Article 10. Full.

Article 11. Executive committee.

Article 12. President.

Article 13. Secretary-General.

Article 14. Managing director.

Article 15. Staff.

Article 16. Rules of the Interior and Code of Practice.

Chapter III. Electoral regime.

Article 17. Electoral census.

Article 18. Electoral process.

Chapter IV. Economic regime.

Article 19. Economic regime.

Chapter V. The Official Chamber of Commerce, Industry, Services and Navigation of Spain.

Article 20. Nature and purpose.

Article 21. Functions.

Article 22. The Cameral Plan of Internationalization.

Article 23. Cameral Plan for Competitiveness.

Article 24. Governing bodies.

Article 25. The plenum.

Article 26. Executive committee.

Article 27. President.

Article 28. Secretary-General.

Article 29. Managing director.

Article 30. Staff.

Article 31. Economic regime of the Official Chamber of Commerce, Industry, Services and Navigation of Spain.

Article 32. Regulation of the Internal Regime of the Official Chamber of Commerce, Industry, Services and Navigation of Spain.

Article 33. Guardianship of the Official Chamber of Commerce, Industry, Services and Navigation of Spain.

Chapter VI. Legal and budgetary arrangements.

Article 34. Guardianship.

Article 35. Budgets and transparency.

Article 36. Resources.

Article 37. Suspension and dissolution.

Additional disposition first. Staff.

Additional provision second. Regime of Protocol.

Additional provision third. Systems of Concert and Economic Convention.

First transient disposition. Adaptation to the content of the standard.

Second transient disposition. Governing bodies.

Transitional provision third. Accrual of the unprescribed cameral resource.

Repeal provision.

Final disposition first. Competence title.

Final disposition second. Enabling regulatory development.

Final disposition third. Entry into force.

PREAMBLE

I

The Official Chambers of Commerce, Industry, Services and Navigation are corporations governed by public law that carry out functions of a consultative nature and of collaboration with the Public Administrations in all that it has relationship to the representation, promotion and defence of the general interests of trade, industry, navigation and services.

As a consequence of the economic and legislative evolution experienced in recent years, it is necessary to approve a new Law of the Official Chambers of Commerce, Industry, Services and Navigation, fundamentally, given the In the current economic and legal context in which we find ourselves, the structures and functioning of the Chambers up to now provided for in Law 3/1993, of 22 March, Basic of the Official Chambers of Commerce, need to be rationalized. Industry and Navigation.

The Chambers of Commerce, Industry and Navigation are born in Spain at the end of the 19th century as a way to represent the general interests of companies. Its first legal regulation dates back to 1886, when the royal decree containing its legal system was approved, and subsequently established by the Royal Decree of 21 June 1911, a continental model based on the obligation of the (a) the membership of persons engaged in business activities and the obligation to pay dues. This system is the one that has been maintained until today, with the current Law 3/1993 of March 22, the result of its adaptation to our autonomous state and membership of the European Union.

However, the economic situation in the country has forced the introduction of regulatory reforms with the main and priority aim of putting in place efficient measures to rationalize spending and strengthen and boost the economy, in particular. In particular, the general and, in particular, the growth of the competitiveness of our companies through policies of support to the commercial and business activity. Thus, the latest reforms and, more specifically, those introduced by Royal Decree-Law 13/2010 of 3 December 2010, of actions in the field of taxation, labour and liberalisation to promote investment and job creation, established a Voluntary membership and elimination of the permanent cameral resource.

This Law introduces a series of reforms that aim to boost the Chambers as service delivery entities, advocating for a model of Chambers aimed at results, all in order to strengthen their efficiency in the development of the functions attributed to them.

Aware of its importance and necessity as basic institutions for the economic and business development of our country, its nature is maintained as corporations governed by public law, guaranteeing the exercise of In the context of the economic and social functions, which in the current economic context are particularly relevant to the regeneration of the economic fabric and the creation of jobs, the aim of the public administration is to represent, promote and defend the general interests of trade, industry, services and navigation, as well as the provision of services to all companies.

Their functions, listed in Article 5 of the Law, have full constitutional relevance because they affect the principle of effectiveness of administrative action, as enshrined in Article 103.1 of the Spanish Constitution (in (e) to the collaboration of professional organisations (Article 131.2 C.E.), to collaboration in training which the public authorities must promote through policies which guarantee it (Article 40.2 C.E.), to activities in the field of education, The Commission also took the view that, in the light of the present situation, the Commission was not arbitration and mediation as a contribution to the fluidity of the guardianship of judges and courts (article 24 C.E.). And all this always in the line of citizen participation that in general calls for article 9.2 C.E., and more specifically article 105.a) C.E.

Public functions cannot be put at risk and for this reason this Law is necessary to establish a system of attachment to the Official Chambers of Commerce, Industry, Services and Navigation, in the form indicated in Article 7, which establishes the general principle of membership of all undertakings to the Chambers without any economic obligation arising therefrom.

Universal membership is understood because the Chambers represent the general interests of all economic and business activity and not of a particular sector, association or group of companies according to their size, location or attachment to the Chamber.

This is a fundamental aspect to guarantee the representation of all the companies in the governing bodies of the Chambers, depending on the representativeness of the different sectors in the economy, according to a universal and democratic election system where all companies are electorates and eligible.

Indeed, the caselaw itself points out that it is for the Chambers to ensure the general, non-associative interests of industry, commerce and shipping and not merely represent the peculiar interests of their partners.

This new law aims at a redefinition of the Official Chambers of Commerce, Industry, Services and Navigation, and together with its main function of providing services to companies, strengthens its role in the field of Support for small and medium-sized enterprises in the field of internationalisation and increased competitiveness.

As the Chambers of the institutions are fundamental to the economic life of our country, its economic sustainability must be guaranteed in the current economic context, hence the establishment of a system of income based on this Law, in particular, in the services provided by the Chambers and in voluntary contributions by undertakings or entities, in accordance with Articles 19 and 31. The Ministry of Finance and Public Administrations, in the general framework of the tax reform and, in particular, of the tax regime of non-profit entities, will analyze the requirements that the Chambers must meet in order to Contributions made to them would be applicable to the new tax regime.

One of the relevant aspects of the new regulatory framework is the scope of the competencies of the Autonomous Communities, such as administrations, with the allocation of more powers to define the organization the territorial and governing bodies of their respective Chambers, in such a way that they respond to the economic reality of their territories and promote greater direct representation of the companies according to their contribution to the Chambers.

Another new feature of this Law is the creation of the Official Chamber of Commerce, Industry, Services and Navigation of Spain that will represent the whole of the Chambers before the various state and international bodies and coordinate and promote actions affecting the whole of the Spanish Chambers. The Spanish Chamber, in collaboration with the Spanish Chambers, will also have the task of developing and implementing the Cameral Plan of Internationalization, through a collaboration agreement with the Ministry of Economy and Competitiveness, which will be a Fundamental relevance in the drive to internationalisation of Spanish companies. In addition, the Spanish Chamber and the Ministry of Economy and Competitiveness will sign a Competitiveness Plan, every two years, in which all the programs and activities that the Chambers will develop for the promotion of the Business competitiveness. This Law also provides for the connection with the Spanish Chamber of the Spanish Chambers of Commerce, officially recognised abroad, governed by Royal Decree 786/1979 of 16 March, laying down the rules governing the General Statute of the same. These chambers, associations freely constituted abroad and subject to the legislation of the country in which they are located, may be officially recognized by the State through the Ministry of Economy and Competitiveness. In this Law, in accordance with the provisions of Articles 22 and 25, it is anticipated that they may sign collaboration and representation agreements of the Spanish Chamber in their jurisdictions, participate in the implementation of the Cameral Plan of Internationalization in these jurisdictions and be represented in the plenary session of the Spanish Chamber through two vowels.

II

The Law consists of a total of 37 articles that are structured into six chapters, three additional provisions, three transitional provisions, one derogating provision and three final provisions.

Chapter I regulates the nature and functions of the Chambers. It remains the nature of public law corporations and the Chambers will continue to exercise public-administrative functions which are generally maintained in respect of the previous regulations, although other new functions are incorporated as they are the provision of services in the field of verification of compliance with the legal requirements and verification of commercial and industrial establishments, as well as functions in the field of innovation and administrative simplification in the procedures for the initiation and development of economic and business activities and of the the introduction of the digital economy in business. Also, the Chambers will also be able to collaborate with the Public Administrations through the subscription of the corresponding collaboration agreements as they have been developing so far, establishing the possibility that they can also to sign agreements or other instruments of collaboration with business organisations for the coordination of their actions. In addition, the Public Administrations will continue in the exercise of the protection and control of the most important actions of economic content. Finally, a reservation of denomination is established for the Official Chambers of Commerce, Industry, Services and Navigation as the Official Chamber of Commerce, Industry, Services and Navigation of Spain.

Chapter II covers its territorial scope of action and organisation, establishing itself the possibility that there may be autonomous, provincial and local Chambers, as well as Councils of Chambers or Entities. This is the case, as laid down in the legislation for the development of the basic legislation which may bring the territorial demarcation of the Chambers into line with the economic and business reality of each Autonomous Community, with at least one Chamber Official Trade, Industry, Services and Navigation by province. In turn, the organization of the governing bodies of the Chambers, which will be the plenum, the executive committee and the president, is established. With regard to the plenary and, as a novelty, its composition is modified in order to adjust the number of vowels to adequate representativeness of the various economic sectors, through at least two thirds in the number of vocaliases for the members elected by free, equal, direct and secret suffrage. They are also included in the composition of the plenary sessions, a direct representation of the companies with greater voluntary contributions to the Chambers and the most representative business organisations. The authorities of the Chambers are empowered to determine, in accordance with the economic reality of their territory, the participation of the various groups in the plenary sessions. The figures of the general secretary and the managing director are independently regulated and the requirement that they may not be part of the governing bodies or occupy managerial posts who are disabled for employment or office is regulated. public.

Finally, it is established that the Official Chambers of Commerce, Industry, Services and Navigation will produce a public census of companies for whose elaboration they will have the collaboration of the tax administration competent, ensuring, in any case, confidentiality in the treatment and exclusive use of the information for the legally intended purposes.

Chapter III contemplates the electoral system for the election of the members of the governing bodies, in particular the plenary session, the executive committee and the president. In this sense, the Law establishes that it will be up to the Ministry of Economy and Competitiveness to determine the opening of the electoral process, prior to agreement with the Autonomous Communities that have jurisdiction in this matter, the respective administration of the election, every four years.

Chapter IV regulates the economic regime, which provides for a system based on the freedom of action of the Chambers, in such a way as to obtain their income from the provision of services and the exercise of their activities. as well as the voluntary contributions of the companies and the products, income and increases of their patrimony and legacies and donations that they could receive as well as any other that could be attributed by Law. Likewise, the authorization of the tutoring administration for the disposition of real estate and the rest of the assumptions determined by the Law will be mandatory.

Chapter V contains the regulations applicable to the Official Chamber of Commerce, Industry, Services and Navigation of Spain, which is created by this Law, assumes the powers of the extinct Council Superior Council of Chambers. The Official Chamber of Commerce, Industry, Services and Navigation of Spain will be the organ of representation and coordination of all the territorial chambers, and of execution of the new Plan Cameral of Internationalization as well as of the new Plan Cameral Competitiveness, both through the corresponding collaboration agreement with the Ministry of Economy and Competitiveness. The governing bodies and administration of the Official Chamber of Commerce, Industry, Services and Navigation of Spain will be the plenary, the executive committee and the president, which will reflect the Spanish business economic reality and will include its members to representatives of companies and of the most representative employers ' and self-employed organisations at national level. In addition, the creation of a General Assembly of Chambers, as an advisory body, is envisaged to promote the participation of all the Chambers in the development of their functions. As in the Official Chambers of Commerce, Industry, Services and Navigation, the figures of the general secretary and the managing director are regulated independently and the requirement that they may not be part of the organs of the government or management positions who are disabled for employment or public office.

Finally, a chapter VI establishes the legal and budgetary regime of these corporations. The questions common to all the local and regional chambers and to the Official Chamber of Commerce, Industry, Services and Navigation of Spain, in which their legal and budgetary arrangements are concerned, are highlighted by the principle of protection to which the Official Chamber of Commerce, Industry, Services and Navigation of Spain and the Official Chambers of Commerce, Industry, Services and Navigation are subject in the exercise of their activity.

The additional provision first concerns the staff who will be found under the Decree of 13 June 1936 on the Rights and Guarantees of Employees of the Official Chambers of Commerce, Industry and Shipping will be governed by existing labour law with the aim of homogenising the legal regime of workers in the Chambers by adapting it to the current labour law applicable to all workers. The second provision refers to the representation and protocol regime of the President of the Official Chamber of Commerce, Industry, Services and Navigation of Spain. The third additional provision states that the arrangements of the Basque Country and the Autonomous Community of Navarre, respectively, shall be taken into account for the purposes of this Law.

With regard to the transitional provisions, the first one grants a period of time for the adaptation of the autonomy rules to no more than 31 January 2015 and three months from the autonomous adaptation to adapt the regulations. regulations governing the internal rules of the territorial chambers. The first transitional provision states that the Official Chamber of Commerce, Industry, Services and Navigation of Spain must be established, starting with the Council of Chambers of Commerce, Industry and Shipping, before of 31 January 2015. In turn, the Official Spanish Chamber will have three months, from its constitution, for the elaboration of its Rules of the Interior Regime according to the new regulation. The Official Chamber of Commerce, Industry, Services and Navigation of Spain shall be subrogated in all the rights and obligations of the Superior Council of Chambers of Commerce and shall be the holder of all the goods of the same. The second transitional provision states that the members of the plenary sessions of the Chambers and the Councils of Chambers shall continue in their duties until their new governing bodies are constituted in accordance with the provisions of this Law. Moreover, that transitional provision provides that, at the time of the initial constitution of the full House, the amount of the last remaining paid and paid shall be understood as a contribution, ensuring that the different sectors of economic activity and large companies with a higher turnover, within the meaning of Article 25.2.b) of this Law. After one year after the full constitution, these representatives shall be renewed in accordance with the voluntary contributions they make during that period. The third transitional provision provides for the maintenance of the obligation to pay the unprescribed cameral quotas.

The repeal provision identifies the regulations that are repealed after the passage of this Law.

Finally, the first, second and third final provisions provide for the competences that empower the State to dictate this rule, enabling the Government to develop this Law and its entry into force, which will have place the day following that of its publication in the "Official State Gazette".

CHAPTER I

Nature and functions

Article 1. Object.

This Law aims to establish the basic regulation of the Official Chambers of Commerce, Industry, Services and, where appropriate, Navigation, as well as the specific regime of the Official Chamber of Commerce, Industry, Services and Navigation of Spain.

Article 2. Nature and legal status.

1. The Official Chambers of Commerce, Industry, Services and Navigation are corporations governed by public law with legal personality and full capacity to work for the fulfillment of their aims, which are configured as consultative and collaborative bodies. with the Public Administrations, without prejudice to the private interests they pursue. Its structure and operation must be democratic.

2. The Official Chambers of Commerce, Industry, Services and Navigation will be in accordance with the provisions of this Law and the norms of development that are dictated by the General Administration of the State or by the Autonomous Communities with competence in the matter. The legislation concerning the structure and functioning of the Public Administrations shall be applicable to them, as a matter of fact, as soon as it complies with its nature and purpose. The procurement and the patrimonial regime shall be governed by private law and shall enable a procedure to ensure the conditions of publicity, transparency and non-discrimination.

Article 3. Purpose.

The Official Chambers of Commerce, Industry, Services and Navigation are intended to represent, promote and defend the general interests of trade, industry, services and navigation, as well as the the provision of services to undertakings carrying out the above activities. They shall also exercise the powers conferred on them by this Law and those which may be assigned to them by the Public Administrations in accordance with the instruments established by the legal system. The activities to be carried out by the Official Chambers of Commerce, Industry, Services and Navigation for the achievement of their ends, will be carried out without prejudice to the freedom of trade union and business association, of the powers of representation the interests of employers who take on these types of associations and the actions of other social organisations which are legally constituted.

Article 4. Naming reservation.

Except the entities regulated in this Law, no natural or legal person or entity may use the terms of the Official Chamber of Commerce, Industry, Services and Navigation of Spain, Official Chamber of Commerce, Industry, Services and Navigation or Chamber of Commerce, or any other that includes the foregoing as part of a denomination under which a person or entity has constituted or exercises or develops functions and operations, or contains similar terms of be liable for confusion in the terms indicated, without prejudice to those created or promoted by the will of the Chambers themselves or Councils for the fulfillment of their purposes and of the Official Chambers of foreign countries in Spain.

Article 5. Functions.

1. The Official Chambers of Commerce, Industry, Services and Navigation will have the following functions of a public-administrative character:

(a) Exorder certificates of origin and other certifications related to commercial, national and international traffic, in the cases provided for in the current regulations.

b) Collect commercial customs and uses, as well as practices and uses of business and issue certifications about their existence.

c) To be an advisory body of the Public Administrations, in the terms that they establish, for the development of trade, industry, services and navigation.

d) Develop support activities and encourage foreign trade.

(e) To participate with the competent authorities in the organization of practical training in the workplace, including in the teaching of vocational training and in training activities and initiatives Dual Professional, in particular in the selection and validation of work centres and enterprises, in the designation and training of students ' tutors and in the control and evaluation of the performance of the programming, without prejudice to the functions that can be attributed to business organisations in this field.

f) To process, in cases where they are required by the General Administration of the State, the public programs of aid to the companies in the terms in which they are established in each case, as well as to manage the services public related to them when their management corresponds to the State Administration.

g) Manage, in the terms of Article 8 of this Law, a public census of all companies, as well as their establishments, delegations and agencies based on their demarcation.

h) Act on single business windows, when required by the competent Public Administrations.

i) Collaborate with the Public Administrations in the administrative simplification of the procedures for the start and development of economic and business activities, as well as in the improvement of the regulation business-economic.

j) Promoting actions aimed at increasing the competitiveness of small and medium-sized enterprises, and encouraging innovation and technology transfer to enterprises.

k) To promote and collaborate with the Public Administrations in the implementation of the digital economy of companies.

(l) Where the managing authority of the European Union Funds considers it to be appropriate, the Chambers may participate in the management of European Union funds aimed at improving competitiveness in the European Union. companies.

2. It shall also be for the Official Chambers of Commerce, Industry, Services and Navigation to develop the public-administrative functions listed below, in the form and with the extent to be determined, where appropriate, by the Autonomous Communities.

a) Propose to Public Administrations how many reforms or measures they deem necessary or appropriate for the promotion of trade, industry, services and navigation.

b) Collaborate in the development, development, implementation and monitoring of plans to increase the competitiveness of trade, industry, services and navigation.

c) Collaborate with Public Administrations as support and advisory bodies for business creation.

d) Collaborate with the Public Administrations by carrying out material actions for the verification of compliance with the legal requirements and verification of commercial and industrial establishments complying with the with the provisions of the general and sectoral rules in force.

e) Develop the statistics, assessment surveys and studies that you consider necessary for the exercise of your competencies.

f) Promote and cooperate in the organization of fairs and exhibitions.

g) Collaborate in training programmes established by public or private educational institutions and, where appropriate, by competent public administrations.

h) Report the draft rules emanating from the Autonomous Communities which directly affect the general interests of trade, industry, services or navigation, in cases and with the scope of the order legal determine.

i) To process public aid programmes for companies in the terms that are established in each case, as well as to manage public services related to them, when their management corresponds to the administration autonomic.

j) Collaborate with the competent administration by informing the studies, works and actions to be carried out for the promotion of trade, industry, services and navigation.

k) To contribute to the promotion of tourism in the framework of cooperation and collaboration with the competent public administrations.

l) Collaborate with the competent authorities to provide information and guidance on the evaluation and accreditation procedure for the recognition of professional skills acquired by work experience, as well as in the provision of facilities and services for the implementation of certain stages of the procedure, where these administrations establish it.

m) The Chambers of Commerce may also develop any other function which the Autonomous Communities, in the exercise of their powers, deem necessary.

3. The Official Chambers of Commerce, Industry, Services and Navigation may carry out other activities, which shall be private and shall be provided under free competition, which shall contribute to the defence, support or promotion of trade, industry, services and navigation, or which are useful for the development of these purposes and, in particular, to set up information and business advisory services. They may also disseminate and provide training in relation to the organisation and management of the undertaking; the provision of certification and type-approval services; companies and create, manage and manage bags of relief, by-products, subcontracting and waste, as well as contract auctions, in compliance with the requirements laid down in the sectoral regulations in force for the exercise of these activities.

They may also carry out mediation activities, as well as commercial, national and international arbitration, in accordance with the provisions of the legislation in force.

4. For the proper development of their functions, and prior authorization from the tutoring administration, the Official Chambers of Commerce, Industry, Services and Navigation may promote or participate in all kinds of associations, foundations and societies. civil or commercial, as well as to conclude the appropriate collaboration agreements. The monitoring system shall be determined by the tutoring administration.

5. The authorization referred to in the preceding paragraph shall in no case involve the assumption of responsibility, neither principal nor subsidiary, by the tutelent administration in relation to the rights and obligations arising from the the actions of the Chambers of Commerce in the field of their private activities.

6. For the proper development of their functions, the Official Chambers of Commerce, Industry, Services and Navigation as well as the Official Chamber of Commerce, Industry, Services and Navigation of Spain and the Public Administrations will be able to celebrate (c) and (d) of Article 4.1 of the recast text of the Law on Public Sector Contracts, approved by Royal Decree-Law 3/2011 of 14 November, when the cases are to be given, and to conclude contracts in which the public authorities shall accommodate the requirements of that text Recast and use of the other instruments permitted by the current legal system. In the development of the public-administrative functions, appropriate coordination with the public authorities will be ensured through the signing of the appropriate instruments of collaboration, as well as through the Action Plans which, in their case, the competent authorities shall decide on the grounds of the matter. Also, the Official Chambers of Commerce, Industry, Services and Navigation, and the Official Chamber of Commerce, Industry, Services and Navigation of Spain, will be able to sign agreements or other instruments of collaboration to guarantee an adequate coordination of their actions with those carried out by the business organisations.

7. In the development of administrative public functions, the Chambers shall ensure their impartiality and transparency.

8. In the development of all the activities, the Official Chambers of Commerce, Industry, Services and Navigation as well as the Official Chamber of Commerce, Industry, Services and Navigation of Spain will respect the conditions of accessibility of the persons with disabilities in terms of application regulations.

Information to be provided, in any format, and in general, the services to the recipient and their facilities must be accessible to persons with disabilities, for which account will be taken of the needs of the different types of disability, making available the means and support and making reasonable adjustments that are accurate.

CHAPTER II

Territorial scope and organization

Article 6. Territorial scope.

1. Official Chambers of Commerce, Industry, Services and Navigation of regional, provincial and local level may exist and, where appropriate, Councils of Chambers in accordance with what is established by the autonomic legislation of development, which may adapt the The territorial demarcation of the Chambers to the economic and business reality of each Autonomous Community, being able to coexist Chambers of different territorial scope. In any event, and at least, there shall be an Official Chamber of Commerce, Industry, Services and Navigation by province, without prejudice to the fact that certain functions and services may be performed by another Chamber of Commerce, Industry, Services and Navigation of the territorial scope of the Autonomous Community concerned.

2. The Official Chambers of Commerce, Industry, Services and Navigation and the Councils of Chambers will be able to exercise the functions established by the autonomic development regulations, taking into account the content of this Law.

3. The tutoring administration shall regulate the cases and proceedings for the creation, integration, merger, dissolution, liquidation and destination of the assets of the Chambers of Commerce, Industry, Services and Shipping and of the Councils of Chambers, in accordance with the provisions of Article 37.3 of this Law.

Article 7. Attachment to the Chambers.

1. Natural or legal persons, national or foreign, engaged in commercial, industrial, service or shipping activities on national territory shall be part of the Chambers of Commerce, Industry, Services and Navigation within the whose constituency has establishments, delegations or agencies, without any economic obligation or any kind of administrative burden arising out of their own office.

2. A natural or legal person shall be deemed to have a commercial, industrial, service or navigation activity where that is why he is subject to the Economic Activities Tax or the tax which replaces him in the territory concerned. the scope of the Chambers of Commerce, Industry, Services and Navigation.

3. In general, activities included in paragraph 1 of this Article shall be considered as activities related to commercial traffic, except those expressly excluded by this Act or by specific sectoral legislation.

In any case, the primary agricultural, livestock and fishing activities and services of private insurance and reinsurance intermediaries which are provided by natural persons as well as the corresponding to liberal professions.

Article 8. Public census.

The Official Chambers of Commerce, Industry, Services and Navigation shall draw up a public census of companies of which the natural or legal persons, national or foreign, who engage in commercial activities, shall be involved, Industrial, service and shipping companies in national territory, for the purpose of which they will have the collaboration of the competent tax administration as well as other administrations that provide the necessary information, guaranteeing, in all case, the confidentiality in the treatment and the exclusive use of such information.

For the elaboration of the public census of companies the tax administrations will facilitate to the Official Chamber of Commerce, Industry, Services and Navigation of Spain and to the Chambers of Commerce, Industry, Services and Navigation the data of the Tax on Economic Activities and the censals of the companies that are necessary. Only employees in each Chamber determined by the plenary shall have access to the information provided by the tax administration.

This information will be used for the elaboration of the public census of companies, for the fulfillment of the public administrative functions that this Law attributes to the Chambers as well as for the elaboration of the electoral census to referred to in Article 17 of the same Regulation.

This staff will have, with reference to the data indicated, the same duty of secrecy as the tax administration officials. Failure to comply with this duty will, in any event, constitute a very serious infringement in accordance with its disciplinary regime.

Article 9. Organization.

1. The governing bodies of the Official Chambers of Commerce, Industry, Services and Navigation are the plenary, the executive committee and the president.

2. In addition, the Chambers will have a general secretary, management staff and the necessary staff for the correct performance of their duties.

3. They may not be part of the governing bodies, be appointed secretary-general or occupy the managerial posts referred to in this article who are disabled for employment or public office.

Article 10. Full.

1. The plenum is the supreme governing body and representation of the House, which will be composed of a number of no less than 10 and no more than 60 vowels, whose term of office will last four years.

2. The vocals that make up the plenum will be determined in the following groups:

(a) At least two-thirds of the members of the plenary session shall be the representatives of all the companies belonging to the Chambers in consideration of the representativeness of the various economic sectors to be determined in accordance with the the criteria to be established by the tutoring administration, taking into account its contribution to GDP, the number of enterprises and employment. These vowels shall be chosen by free, equal, direct and secret suffrage, among all natural and legal persons engaged in commercial, industrial, service and navigation activities in the demarcation.

b) Representatives of companies and persons of recognized prestige in the economic life within the constituency of each Chamber, in the form determined by the tutoring administration, on the proposal of the business organizations more representative sectorial and territorial. To this end, the said business organisations shall present the list of proposed candidates in number corresponding to the vocalias to be covered.

(c) Representatives of the companies with the highest voluntary contribution in each demarcation, chosen in the form to be determined by the tutoring administration.

3. Persons of recognized prestige in the economic life of the territorial scope of the Chamber's demarcation may attend the meetings of the plenary, with a voice but without a vote. To this end, the president shall propose to the vowels of points (a), (b) and (c) a list of candidates to exceed by one third the number of vocalias to be chosen.

4. The members of the plenary listed in points (a), (b) and (c) shall elect the President of the Chamber and the persons of recognised standing provided for in paragraph 3.

5. The number of vocaliases for each of the groups determined in the preceding paragraphs shall be established by the tutelary authorities, in any event that at least two-thirds of the groups ' representatives correspond to the representatives of all companies belonging to the Chambers elected by free, equal, direct and secret suffrage.

6. The Secretary-General and the Managing Director, if any, shall, in a voice but without a vote, attend the plenary meetings.

Article 11. Executive committee.

The executive committee is the permanent management, administration and proposal body of the House and will be formed by the president, vice-presidents, treasurer and full members to be determined. The tutoring administration shall regulate the number of members of the committee, and may appoint a representative who must be summoned to the meetings of the governing body. In addition, the Secretary-General and the Managing Director, if any, shall, in a voice but without a vote, attend the meetings of the Executive Committee.

Article 12. President.

The president, who will be elected by the plenum in the manner determined by the Rules of Procedure, will hold the representation of the House and the presidency of all his collegiate bodies, being responsible for the execution. of their agreements.

Article 13. Secretary-General.

1. The Chambers shall have a general secretary who must be licensed or entitled to a higher degree. This post will be subject to the employment recruitment regime.

2. The plenary shall appoint and cease the secretary-general by means of a reasoned agreement adopted by half plus one of its members. The appointment shall take place upon public notice of the vacancy.

3. Among the functions of the Secretary-General shall be to attend the plenary meetings and the executive committee in a voice but without a vote and to ensure the legality of the agreements adopted by the governing bodies.

Article 14. Managing director.

1. The Chambers may appoint a managing director, with the executive functions and directives attributed to him, which must be licensed or entitled to a higher degree. This post will be subject to the employment recruitment regime.

2. The full appointment and termination of the managing director shall be the responsibility of the chairman, on a proposal from the chairman and by a reasoned agreement of half of his members, in order to ensure the suitability for the proper performance of his duties.

3. Where there is no managing director, the functions of the managing director shall be assumed by the secretary-general.

Article 15. Staff.

Staff at the service of the Chambers will be subject to current employment regulations.

Article 16. Rules of the Interior and Code of Practice.

1. Each House will have its own Rules of Procedure, which will be proposed by the plenary and approved by the tutoring administration, which may also promote its modification.

2. The regulation shall include, inter alia, the structure of the plenary session, its functions, the number and form of election of the members of the executive committee and the rules of operation of its governing bodies.

3. The Chambers should also draw up a Code of Practice to ensure impartiality and transparency in the development of their public-administrative functions.

CHAPTER III

Election Regime

Article 17. Electoral census.

1. The electoral census of the Chambers shall consist of all natural or legal persons, national or foreign, who carry out the commercial, industrial, service or shipping activities not excluded in accordance with the Article 7 of this Law. This census will be prepared and reviewed annually by the executive committee, with reference to January 1.

2. The electoral census of the Chambers, established in accordance with paragraph 1 of this Article, shall comprise all of its constituents, classified by groups and categories, in consideration of the economic importance of the various sectors represented, in the form determined by the respective tutoring administration, classification to be reviewed every four years by the executive committee.

Members of the electoral roll shall have the right to vote for the election of the governing bodies of the Official Chambers of Commerce, Industry, Services and Shipping within the constituency of which they have establishments, delegations or agencies.

To be an elector, either in its own name or on behalf of legal persons, a majority of age will be required and not be in any legal cause to prevent such a condition.

3. The candidates to be part of the governing bodies of the Chambers shall also have the nationality of Spain or of a Member State of the European Union, that of a State party to the Agreement on the European Economic Area, or that of a State whose nationals are extended by virtue of the relevant International Agreement or Treaty, the legal system provided for by the above citizens, to carry at least two years of business in the territories (i) to be able to do so, and to be aware of the payment of its tax and social security obligations.

Persons of another nationality may be candidates in accordance with the principle of reciprocity, provided that they meet the other requirements of the previous paragraph.

Article 18. Electoral process.

1. The Ministry of Economy and Competitiveness will determine the opening of the electoral process, following agreement with the Autonomous Communities that have jurisdiction in this matter, corresponding to the respective administration of the call for elections, every four years.

2. In order to ensure the objectivity and transparency of the elections, they shall constitute electoral boards, with the composition and functions to be determined by the tutoring administration, in order to ensure their independent and effective performance.

3. Against the agreements of the Chambers on complaints to the electoral census and those of the electoral boards, an appeal may be brought before the tutoring administration.

CHAPTER IV

Economic Regime

Article 19. Economic regime.

1. The Official Chambers of Commerce, Industry, Services and Navigation will have the following revenue:

(a) The ordinary and extraordinary income obtained by the services they provide and, in general, by the exercise of their activities.

b) Products, rents and increases in their assets.

c) Voluntary contributions from businesses or commercial entities.

d) The legacies and donations they might receive.

e) Those from the credit operations that are performed.

(f) Any other items that may be attributed to them by law, by virtue of an agreement or by any other procedure in accordance with the legal order.

2. The disposal of property must be authorized by the tutoring administration in the case of immovable property. In the case of any other type of property, the tutoring administration shall determine the cases in which it is required to be authorised in accordance with its economic scope.

CHAPTER V

The Official Chamber of Commerce, Industry, Services and Navigation of Spain

Article 20. Nature and purpose.

1. The Official Chamber of Commerce, Industry, Services and Navigation of Spain is a corporation of public law, with its own legal personality and full capacity to act for the fulfillment of its purposes that is configured as an advisory body and collaboration with the General Administration of the State, without prejudice to the private interests that it may pursue. Its structure and operation must be responsive and governed by democratic principles.

2. The Official Chamber of Commerce, Industry, Services and Navigation of Spain aims at the representation, promotion and defense of the general interests of commerce, industry, services and navigation, as well as the provision of (a) services to undertakings carrying out those activities. It shall also exercise its powers in the State area conferred on it by this Law and those which may be assigned to it by the General Administration of the State in accordance with the instruments established by the legal system. The activities to be carried out by the Official Chamber of Commerce, Industry, Services and Navigation of Spain for the achievement of its aims, will be carried out without prejudice to the freedom of trade union and of the business association, of the faculties of representation of the interests of employers who take on these types of associations and of the actions of other social organisations that are legally constituted.

3. It will be composed of representatives of the Chambers of Commerce of the Autonomous Communities and cities of Ceuta and Melilla, the largest companies of major contribution, the business and autonomous organizations, the Ministries for the reason of the competence and the Federations of the Spanish Official Chambers abroad, and it will be the body of representation, relationship and coordination of the same.

Article 21. Functions.

1. The Official Chamber of Commerce, Industry, Services and Navigation of Spain will develop the following functions:

a) Promote the general interests of commerce, industry, services and navigation, at the state level.

b) Represent the whole of the Chambers to the various state and international bodies.

c) Coordinate and promote actions that affect the whole of the Spanish Chambers.

d) To exercise at the State level and, in coordination with the Chambers of Commerce, Industry, Services and Navigation, the functions referred to in Article 5 (1) of this Law.

e) Inform, with the nature and scope provided for in the legislation in force, the foredrafts of laws or state provisions of any rank that directly affect trade, industry, services and navigation.

f) Advise the General Administration of the State, in the terms it establishes, on issues related to trade, industry, services and navigation.

g) To perform the public-administrative functions attributed to it, when they affect the State as a whole.

h) Manage in the terms of the agreements with the Ministry of Economy and Competitiveness the actions foreseen in the Cameral Plan of Internationalization and in the Cameral Plan of Competitiveness.

i) To perform functions of mediation and commercial arbitration, national and international, in accordance with the provisions of the legislation in force.

2. For the proper development of its functions, and prior authorization from the tutoring administration, the Official Chamber of Commerce, Industry, Services and Navigation of Spain may promote or participate in all kinds of associations, foundations and civil or commercial companies, as well as the conclusion of appropriate collaboration agreements.

Article 22. The Cameral Plan of Internationalization.

1. The Cameral Plan of Internationalization includes the description of the actions of general interest in the areas of training and information, aimed primarily at promoting the acquisition abroad of goods and services produced in Spain and any other relative to the international trade operation.

2. The Ministry of Economy and Competitiveness, after consultation with the Autonomous Communities, will approve annually the Cameral Plan of Internationalization that will elevate the Official Chamber of Commerce, Industry, Services and Navigation of Spain, which will will execute through the corresponding agreement with the Ministry of Economy and Competitiveness, and in collaboration with the Official Chambers of Commerce, Industry, Services and Navigation.

3. Cooperation mechanisms may be established between the actions of the Cameral Plan of Internationalisation and those established by each Autonomous Community in the light of its powers, in particular with regard to actions of interest. specific.

4. The Spanish Chambers of Commerce abroad will participate in the Cameral Plan of Internationalization, with the approval of the Official Chamber of Commerce, Industry, Services and Navigation of Spain, for each country or jurisdiction. The Chambers abroad will have a permanent link with the Official Chamber of Commerce, Industry, Services and Navigation of Spain and will be able to sign collaboration and representation agreements with it. The Chambers abroad will represent the Official Chamber of Commerce, Industry, Services and Navigation of Spain, in their jurisdictions, when this is established in the aforementioned collaboration and representation agreements.

5. The Cameral Plan of Internationalization can be financed with the resources provided by the corresponding Public Administrations by signing the appropriate collaboration agreements in accordance with the provisions of article 5.6 of this Law. and in the current regulations.

Article 23. Cameral Plan for Competitiveness.

1. The Ministry of Economy and Competitiveness and the Official Chamber of Commerce, Industry, Services and Navigation of Spain will subscribe every two years, after consultation with the Autonomous Communities, a Plan in which the programs for the improvement of the competitiveness of Spanish companies, to be developed jointly with the Official Chambers of Commerce, Industry, Services and Navigation.

2. The Plan Cameral de Competitiveness of the Spanish Company will comprise a set of activities and public functions to be developed by the Chambers of Commerce, Industry, Services and Navigation in support of Spanish companies, with special consideration of small and medium-sized enterprises under the agreement concluded with the Ministry of Economy and Competitiveness.

3. Its purpose is to order and execute, in accordance with the priorities of economic policy, the actions that have an effective impact on the improvement of the competitiveness of the enterprises.

4. This Plan will include the programs and activities that the Official Chamber of Commerce, Industry, Services and Navigation of Spain will promote and will be elaborated with full respect to the competences of each Autonomous Community.

5. The Cameral Competitiveness Plan can be financed with the resources provided by the corresponding Public Administrations through the signing of the appropriate collaboration agreements in accordance with the provisions of Article 5.6 of this Law and in the rules in force.

Article 24. Governing bodies.

1. The governing and administration bodies of the Official Chamber of Commerce, Industry, Services and Navigation of Spain are: the plenary, the executive committee and the president.

2. They may not be a member of the governing and administrative bodies or be appointed or be appointed to the posts of general secretary or managing director who are unfit for employment or public office.

3. The governing and administration bodies will reflect the Spanish business economic reality and will include among its members, the way it is regulated in this Chapter and will be developed in its Rules of Procedure of the Internal Regime, to representatives of the companies and of the most representative business and autonomous organizations at the national level.

4. The mandate of the governing bodies of the Official Chamber of Commerce, Industry, Services and Navigation of Spain will be four years.

Article 25. The plenum.

1. The plenum is the supreme governing body and general representation of the Official Chamber of Commerce, Industry, Services and Navigation of Spain.

2. The plenary session shall consist of:

(a) A president of the Chambers for each of the Autonomous Communities and the Autonomous Cities of Ceuta and Melilla designated by the tutoring administrations and up to 8 representatives of the Chambers belonging to the Autonomous Communities with the largest number of companies designated by the tutoring administrations in accordance with the criteria to be established by the Ministry of Economy and Competitiveness.

b) Twenty-eight vowels on a proposal from the Ministry of Economy and Competitiveness among the largest companies of major contribution to the Official Chamber of Commerce, Industry, Services and Navigation of Spain in the national territory. The proposal of the Ministry of Economy and Competitiveness will be made in such a way as to ensure the proper reflection of the Spanish economic representation taking into account the contribution of the large companies weighted by the participation of the different sectors and economic subsectors in Gross Value Added.

c) Nine members elected on a proposal from the most representative cross-sectoral and territorial business organisations at national level, between representatives of companies and people of recognised prestige in life economic. To this end, the said business organisations shall present the list of proposed candidates in number corresponding to the vocalias to be covered.

d) Ten vowels representing the Ministries of Economy and Competitiveness, the Ministry of Industry, Energy and Tourism, the Ministry of Finance and Public Administrations, the Ministry of Employment and Social Security, the Ministry of Foreign Affairs and Cooperation, Ministry of Education, Culture and Sport, Ministry of Agriculture, Food and Environment, Ministry of Justice, Ministry of Public Works and Ministry of Health, Services Social and Equality, on a proposal from them.

e) Two vowels representing the Federations of the Spanish Chambers of Commerce and Foreign Trade Officers appointed by the Ministry of Economy and Competitiveness.

f) Two vowels representing the representative autonomous organizations at the national level, on a proposal from the Ministry of Employment and Social Security.

g) The secretary-general and the managing director, if any, will attend, with a voice but no vote, to the plenary meetings.

3. The plenary shall elect among its members, by a majority of those present, a president, three vice-presidents and a treasurer, who shall also be the executive committee as well as the other members of this executive committee.

4. It will be full functions:

a) Approval of budgets and settlements.

b) The approval of reports and proposals.

c) The designation of the representatives of the Spanish Chamber in the various agencies.

d) The appointment of work commissions.

e) In the context of the actions described in Articles 22 and 23 of this Law, the adoption of binding agreements for all Chambers, provided that they are adopted, with this character, by a two-thirds majority of votes present.

(f) Those other than those provided for in your Rules of Procedure.

Article 26. Executive committee.

1. The executive committee is the management, administration and proposal body of the Official Chamber of Commerce, Industry, Services and Navigation of Spain.

2. It shall be composed of the members of the plenary elected by it in the manner determined by Article 25 of this Law and shall be developed in the Rules of Procedure of the Internal Regime of the Official Chamber of Commerce, Industry, Services and Navigation of Spain. The Executive Committee shall be composed of the president, three vice-presidents, the treasurer, eight representatives of the Chambers of Commerce of the Autonomous Communities and Autonomous Cities of Ceuta and Melilla, of which four representatives must be from the Chambers of Commerce of the Autonomous Communities with more companies in their censuses and the remaining ones will be chosen by means of a rotating system of representation; fourteen representatives of the companies of greater contribution in the national territory; two representatives of the business organisations represented in the plenary session, a representative of the autonomous organizations represented at the plenary session, a representative of the Ministry of Economy and Competitiveness and a representative of the Ministry of Industry, Energy and Tourism. In addition, the Secretary-General and the Managing Director, if any, shall, in a voice but without a vote, attend the meetings of the Executive Committee.

3. The powers of the Executive Committee shall be determined in its Rules of Procedure.

Article 27. President.

The president will hold the representation of the House, the presidency of all his collegiate bodies and will be responsible for the execution of his agreements.

Article 28. Secretary-General.

1. The Official Chamber of Commerce, Industry, Services and Navigation of Spain will have a general secretary who must be licensed or entitled to a higher degree. The Secretary-General shall be subject to the employment contract.

2. His appointment and termination will be up to the full House, per reasoned agreement adopted by half plus one of its members. The appointment shall take place upon public notice.

3. Among the functions of the Secretary-General shall be to attend the meetings of the plenary and the executive committee in a voice but without a vote and to ensure the legality of the agreements adopted by the governing bodies.

Article 29. Managing director.

1. The Official Chamber of Commerce, Industry, Services and Navigation of Spain may appoint a managing director with the executive functions and directives attributed to him that must be licensed or entitled to a higher degree. This post will be subject to the employment recruitment regime.

2. The appointment and termination of the managing director shall be the responsibility of the plenary, on a proposal from the president and on the basis of a reasoned agreement adopted by half plus one of its members.

3. Where there is no managing director, the functions of the managing director shall be assumed by the secretary-general.

Article 30. Staff.

The Official Chamber of Commerce, Industry, Services and Navigation of Spain will be able to count on the staff necessary for its proper functioning, to which the labor legislation will apply.

Article 31. Economic regime of the Official Chamber of Commerce, Industry, Services and Navigation of Spain.

1. For the financing of all its activities, the Chamber of Commerce, Industry, Services and Navigation of Spain will have the following income:

(a) Ordinary and extraordinary income for the provision of services provided for in Article 21 of this Law.

b) Products, rents and increases in their assets.

c) Voluntary contributions from companies or entities. These voluntary contributions will preferably be used to finance the Cameral Plan for Internationalisation. 30 percent of the contributions will be distributed to the Official Chamber of Commerce, Industry, Services and Navigation where the registered office of the companies or entities has its registered office.

d) The legacies and donations you could receive.

e) Those from the credit operations that are performed.

(f) Any other items that may be attributed to them by law, by virtue of an agreement or by any other procedure in accordance with the legal order.

2. The disposal of property must be authorized by the Ministry of Economy and Competitiveness in the case of real estate and, in the case of other goods, the Ministry shall determine the cases in which it is requires authorisation based on its economic scope.

Article 32. Regulation of the Internal Regime of the Official Chamber of Commerce, Industry, Services and Navigation of Spain.

1. In the Rules of Procedure of the Internal Regime of the Official Chamber of Commerce, Industry, Services and Navigation of Spain, the functions and rules of operation of its governing bodies shall be established, inter alia.

2. The Rules of Procedure of the Internal Regime of the Official Chamber of Commerce, Industry, Services and Navigation of Spain will provide for the creation of a General Assembly of Chambers to develop actions and initiatives that promote participation, with voice but without a vote, from all the Chambers in the development of their functions.

3. The Rules of Procedure shall be submitted for approval by the Minister for Economic Affairs and Competitiveness, on the proposal of the full majority, which may also promote its amendment.

Article 33. Guardianship of the Official Chamber of Commerce, Industry, Services and Navigation of Spain.

The function of guardianship on this corporation will be the responsibility of the General Administration of the State, through the Ministry of Economy and Competitiveness.

CHAPTER VI

Legal and budgetary regime

Article 34. Guardianship.

1. The Official Chambers of Commerce, Industry, Services and Navigation are subject in the exercise of their activity to the guardianship of the General Administration of the State or the respective Autonomous Communities, in the event that they have assumed by the statutory powers.

The function of guardianship includes the exercise of administrative powers of approval, oversight, resolution of resources, suspension and dissolution referred to in Articles 35, 36 and 37 of this Law.

2. In any event, the General Administration of the State shall exercise supervision over the activities of the Official Chambers of Commerce, Industry, Services and Shipping of general interest relating to foreign trade, without prejudice to the powers conferred on it. correspond to each Autonomous Community in foreign trade promotional tasks.

In the terms mentioned in the preceding paragraph, this function of guardianship of the General Administration of the State shall include the exercise of administrative powers of approval, control, coordination, resolution of resources and suspension of activities of general interest of the Chambers relating to external trade.

Article 35. Budgets and transparency.

1. The Official Chambers of Commerce, Industry, Services and Navigation and the Official Chamber of Commerce, Industry, Services and Navigation of Spain will develop and submit their ordinary and extraordinary budgets of expenses and revenues to the approval of the tutoring administration, which shall audit its annual accounts and settlements and may lay down the instructions necessary for the preparation of the budgets and the type-settlements.

In any case, the annual accounts and settlement of the budgets shall be accompanied by an audit report.

It will be up to the Court of Auditors to scrutinise the fate of public funds that the Official Chamber of Commerce, Industry, Services and Navigation of Spain and the Official Chambers of Commerce, Industry, Services and Services are receiving. and Navigation, without prejudice to the competence of the audit bodies which, where appropriate, exist in the Autonomous Communities.

The annual accounts, together with the audit report, and the Annual Report on Corporate Governance, will be deposited in the business register for the location in which the Chamber is based and will be the subject of advertising by the Chambers.

2. Persons who manage the property and rights of the Chambers shall be liable to indemnify the damages which may cause them for actions or omissions made by him, guilt or gross negligence with violation of the current regulations, with independence of the criminal liability or any other order that may correspond to them.

3. The Official Chambers of Commerce, Industry, Services and Navigation and the Official Chamber of Commerce, Industry, Services and Navigation of Spain will make public the grants that they receive as well as other types of public resources that they can perceive to the development of their functions. They shall also make public the remuneration received annually by the senior officials and their respective officials, as well as the compensation received, if any, on the occasion of the cessation of their duties for any reason.

4. For the proper differentiation between public and private activities that can be developed under the terms of Article 5 of this Law, the Official Chambers of Commerce, Industry, Services and Navigation and the Official Chamber of Commerce, Industry, Services and Navigation of Spain shall maintain a differentiated accounting in relation to its public and private activities, without prejudice to the uniqueness of the annual accounts.

Article 36. Resources.

1. The decisions of the Official Chambers of Commerce, Industry, Services and Navigation and of the Official Chamber of Commerce, Industry, Services and Navigation of Spain, issued in the exercise of their public-administrative functions, as well as those of affect their electoral system, they shall be subject to the judicial-administrative jurisdiction, prior to administrative appeal made to the tutoring administration.

2. The proceedings of the Chambers in other areas and, in particular, those of a commercial, civil and employment nature shall be brought before the Courts and the competent courts.

Article 37. Suspension and dissolution.

1. The tutoring administration may suspend the activity of the governing bodies of the Chambers, and the right of hearing of the Chambers must be guaranteed in the proceedings of the proceedings, in the event of any transgressions of the Legal order in force which, due to its gravity or reiteration, makes this measure advisable, as well as in the assumptions of impossibility of normal operation of those.

2. The suspension agreement shall determine its duration, which shall not exceed three months, as well as the body which shall be responsible for the management of the interests of the House.

3. If, on the expiry of the period of suspension, the reasons which gave rise to the suspension period have elapsed, the dissolution of the governing bodies of the Chambers and the convening of new elections shall take place within one month.

In case of not being possible the holding of new elections and the constitution of the governing bodies of the House, the administration of guardianship may agree to its extinction by attaching its patrimony, after liquidation by the the management authority referred to in paragraph 2, to the tutoring administration.

4. In the case of extinction, the guardianship administration shall take the necessary measures to ensure that the natural and legal persons assigned to it in Article 7.1 of this Law receive the services of the Chambers.

The Official Chamber of Commerce, Industry, Services and Navigation of Spain shall represent and provide service to the natural or legal persons provided for in Article 7.1 who are in a territory without their Official Chamber of Commerce, Industry, Services and Navigation as a result of its extinction, provided that its protection corresponds to the General Administration of the State. To this end, the Official Chamber of Commerce, Industry, Services and Navigation of Spain will be able to have delegations in the corresponding territories, to which, moreover, it will be up to them to exercise the rights and the representation that correspond to the Extinguished chambers, in accordance with Articles 25 and 26 of this Law.

Additional disposition first. Staff.

The staff who at the entry into force of this Law are in the service of a Chamber, Council or of the Superior Council under the Decree of 13 June 1936, will be governed, without distinction, by the labor law. applicable to all other personnel serving the same.

Additional provision second. Regime of Protocol.

The representation and protocol regime of the President of the Official Chamber of Commerce, Industry, Services and Navigation of Spain will be established regulatively.

Additional provision third. Systems of Concert and Economic Convention.

The provisions of this Law shall be without prejudice to the regimes of Economic Concert and Convention in force in the historical territories of the Basque Country and in the Autonomous Community of Navarre, respectively. In addition, these schemes will be taken into account in the implementation of the Internationalisation and Competitiveness Plans.

First transient disposition. Adaptation to the content of the standard.

1. The Autonomous Communities shall adapt the content of their legislation in this matter to the provisions of this Law, and shall, as a maximum period of time to do so, have 31 January 2015.

2. The Official Chambers of Commerce, Industry, Services and Navigation will adapt to the content of this Law their current regulations of internal regime within three months from the entry into force of the autonomous laws of adaptation, which must be approved by the tutoring administration.

3. The Official Chamber of Commerce, Industry, Services and Navigation of Spain from the current Council of Chambers of Commerce, Industry and Navigation, must be constituted before January 31, 2015. The Official Chamber of Commerce, Industry, Services and Navigation of Spain will be subrogated in all rights and obligations, of any nature, of the Superior Council of Chambers of Commerce and will be the holder of all the goods that on the date of entry into force of this Law is attached to or belongs to the Council of Chambers of Commerce. Spain's Official Chamber of Commerce, Industry, Services and Navigation will draft its Rules of Procedure in accordance with the new regulation, within three months of its constitution. This regulation will be approved by the Ministry of Economy and Competitiveness, as a tutoring administration.

Second transient disposition. Governing bodies.

1. The Presidents, the members of the executive committees and the plenary sessions of the Chambers and the Councils of Chambers shall continue to perform their duties until the new governing bodies are established after the completion of the corresponding the electoral process, as provided for in this Law and in the regulations of the different Autonomous Communities.

2. Also, until the new governing bodies are formed after the corresponding electoral process concluded in accordance with this Law, the governing bodies will continue to function validly with the quorum of assistance and with the majority of the (i) the necessary vote on the establishment of the body concerned and the adoption of agreements in each case.

3. In the case of the plenary session and the executive committee of the Official Chamber of Commerce, Industry, Services and Navigation of Spain, the amount of the last remaining fee payable and paid shall be taken into account at the time of the initial constitution. ensuring, in any case, that the various sectors of economic activity are represented in accordance with their contribution to the Gross Value Added and the large companies at national level with the highest turnover for the purposes of the Article 25.2.b) of this Law. After one year from the constitution of the plenary session, it will proceed, in the form determined by the Rules of Procedure of the Internal Regime of the Official Chamber of Commerce, Industry, Services and Navigation of Spain, to the renewal of these representatives of the economic contributions they make during that period. The mandate of the new representatives shall be determined in accordance with the provisions of the Rules of Procedure.

4. The Ministry of Economy and Competitiveness is empowered to issue, in the field of its powers, the necessary provisions for the constitution of the Spanish Chamber and its governing bodies.

Transitional provision third. Accrual of the unprescribed cameral resource.

Without prejudice to the deletion of the permanent chamber resource, this shall not alter the enforceability of the non-prescribed permanent cameral resource fees, payable in accordance with the rule to be repealed.

Repeal provision.

1. All provisions of the same or lower rank which are contrary to the provisions of this Law and, in particular, Law 3/1993 of 22 March, Basic of Official Chambers of Commerce, Industry and Navigation, and their successive ones, are hereby repealed. modifications.

2. The General Rules of Chambers adopted by Decree 1291/1974 of 2 May 1974 shall be maintained in force, except as regards the permanent use of the term of office, as soon as this Law is not opposed and the regulatory rules are laid down. substituttions.

Final disposition first. Competence title.

1. Chapter V of this Law is dictated by the powers conferred on the State by Article 149.1.13. of the Spanish Constitution on the basis and coordination of the general planning of economic activity.

2. Article 36 (1) and (2) are given in accordance with the powers conferred on the State by Article 149.1.6. of the Constitution in the field of procedural law.

3. The rest of the articles of this Law constitute basic legislation of the legal regime of the Public Administrations dictated under the protection of article 149.1.18. of the Constitution, so they will be of general application by all the administrations Public, with the exception of the provisions of Article 5.2 concerning the functions which may be developed by the Official Chambers of Commerce, Industry, Services and Navigation in accordance with regional legislation, which shall not be of a basic nature.

Final disposition second. Enabling regulatory development.

The Government is authorised to dictate, in the field of its powers, the rules for the development of this Law.

Final disposition third. Entry into force.

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

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, April 1, 2014.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY