Royal Decree 1678/1987 of 30 December 1987, delivered in compliance with the mandate contained in the final provision of Law 21/1986 of 23 December 1987 on the General Budget of the State for 1987, came to the The profession of the Enablectured of Passive Classes in the aspects of the same related to the administrative purposes in the matter of passive classes and with the general interest.

In the explanatory statement of the aforementioned Royal Decree, it was already warned of the partial nature of the decree, since its regulation was limited to the set of interests, purposes and activities that give content to the profession of Enabilitado en their relationship with the State Administration, pending the approval of the statutory norm of such professionals as a collegial organization and which, at the time, was regulated by the Order of the Ministry of Finance of 8 June 1945.

Therefore, at the initiative of the General Council of Colleges of the Spanish Passive Classes, this Royal Decree has been drawn up, establishing the legal regime applicable to the exercise of the profession of Entitled "Passive Classes", according to the provisions of Law 2/1974 of 13 February, of Professional Colleges, as amended by Law 74/1978 of 26 December, after the requirements and formalities required by the aforementioned Laws and especially concerning the processing of hearing.

In its virtue, on the proposal of the Minister of Economy and Finance, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day of January 19, 1996,

D I S P O N G O:

Single item. Approval of the Staff Regulations.

The General Staff Regulations of the Professional Colleges of Passive Classes are approved as an annex to this Royal Decree.

First transient disposition. Territorial demarcation.

The territorial demarcation of the Colleges of Passive Classes, which existed prior to the entry into force of this Royal Decree, shall be maintained until such time as the variations which, if any, are made, shall be maintained. procedures, in accordance with the provisions of Article 2 of the Staff Regulations, which are hereby approved by this Royal Decree.

Second transient disposition. Renewal of charges.

1. Within three months after the entry into force of the General Statute, which is approved by this Royal Decree, the total renewal of the posts of the Boards of Directors of each Professional College shall be carried out.

The term of office of the first Boards of Directors will be two years. After this period, the renewal of his posts will be carried out, in accordance with the provisions of the General Statute, which is approved by the present Royal Decree, and in the statutes of the respective Colleges.

2. Within the period of three months referred to in the previous paragraph, the members of the General Council of Colleges of the Passive Classes of Spain shall be appointed.

The General Council, within three months from the appointment of its members, shall also meet in order to proceed with the establishment of the Executive Committee.

Transitional provision third. Preparation of the Statutes of the Professional Colleges.

Within a period of one year from the entry into force of this Royal Decree, the respective Colleges shall draw up their special statutes, subject to the provisions of the General Staff Regulations which are hereby approved by this Royal Decree. Decree.

Transitional disposition fourth. Administrative certificates of aptitude prior to Royal Decree 1678/1987.

The Passive Classes in possession of the administrative certificate of fitness, obtained in accordance with the rules before Royal Decree 1678/1987 of 30 December, are expressly authorized for the financial year professional in the terms laid down in the General Statute which is approved by this Royal Decree.

Transient disposition fifth. Individual bail.

The currently exercised Passive Classes must constitute the individual bail referred to in Article 64 of the Statute which is hereby approved by this Royal Decree, within six months of the date of the entry into force of the Agreement.

Single end disposition. Entry into force.

This Royal Decree and the Statute to be adopted shall enter into force on the day following that of their publication in the Official Gazette of the State.

Given in Madrid on January 19, 1996.

JOHN CARLOS R.

The Minister of Economy and Finance,

PEDRO SOLBES MIRA

ANNEX

General Staff Regulations of Professional Colleges of Passive Classes

TITLE I

Passive Classes Enabled Professional Colleges

ONLY CHAPTER

General provisions

Article 1. Professional Colleges of Enabled.

The Professional Colleges of Passive Classes are corporations governed by public law, protected by law and recognized by the State, with its own legal personality and full capacity to fulfill its aims.

It is essential for these corporations to manage the exercise of the profession, the exclusive representation of the profession and the defense of the professional interests of the collegiate.

Article 2. Organization.

The Professional Colleges of Passive Classes will adjust their organization and competences to the principles and rules established in Royal Decree 1678/1987, of December 30, for which the profession of It is enabled for Passive Classes in the aspects of the same related to administrative purposes in matters of passive classes and with the general interest, and in the present Statute.

Article 3. Functions.

Within the forecasts contained in Article 5 of Law 2/1974, of 13 February, of Professional Colleges, it is up to the Professional Colleges of Enabled Classes Passive the exercise of the following functions in its territorial scope:

(a) Collaborate with the State Administration in carrying out studies, issuing reports, compiling statistics and other activities related to its purposes that may be requested or agreed upon by itself initiative.

b) To hold the representation that establishes the laws for the fulfillment of their ends.

c) Participate in the advisory boards and agencies of the State Administration in matters of competence of their profession.

d) To hold, in its field, the representation and defense of the profession before the Administration, institutions, courts, entities and individuals, with legitimization to be a party in all disputes affecting the interests and exercise the right of petition under the law, without prejudice to the provisions of Article 1 (3) of Law 2/1974 of 13 February.

e) Regular the orientation fees of the profession.

(f) To order in the field of their competence the professional activity of the collegias, ensuring the ethics and professional dignity and respect due to the rights of the individuals, and to exercise the disciplinary faculty in the professional and collegial order.

g) Organize common activities and services of interest to the collegial, professional, formative, cultural, welfare and foresight and other analogs, providing their economic support through the means necessary.

h) To seek harmony and collaboration among the collegians, preventing unfair competition between them.

i) To intervene, in the form of conciliation or arbitration, in matters which for professional reasons are raised among the collegiate.

j) Report on judicial or administrative proceedings in which professional fees are discussed.

(k) comply with, and enforce, the general and special laws and professional statutes and regulations of the internal system, as well as the rules and decisions adopted by the collective bodies in the field of their competence.

l) Designate substitutes or administrators of the Passive Classes Enabled in the regulatory assumptions.

(m) Exorder the certifications referred to in Article 9.2 of Royal Decree 1665/1991 of 25 October 1991 on the recognition of higher education diplomas of nationals of Member States requiring higher education Three years minimum.

n) How many other functions are in the interest of the professional interests of the students, as well as to transmit to the State Administration the initiatives and suggestions of the collegiates aimed at improving the management (a) administrative matters relating to passive classes, and any other that the laws or their implementing provisions lay down.

Article 4. Special statutes.

The Colleges will draw up their special statutes to regulate their operation. They will necessarily be approved by the General Council of the Colleges of the Passive Classes of Spain, provided that they are in accordance with the provisions of Law 2/1974 of 13 February, and with this General Staff Regulations.

The modification of these particular statutes will require the same requirements as their approval.

Article 5. Advocacy and treatment.

The Professional Colleges of Passive Classes can be placed under general or particular character, leaving the profession under the one of San Calixto.

The Professional Colleges of Passive Classes will have the treatment of illustrious.

Article 6. Mergers and changes.

In accordance with Article 4.2 of Law 2/1974 of 13 February, the merger, absorption, segregation, change of denomination and dissolution of the Professional Colleges of the Enabled Passive Classes will be promoted by the In accordance with the provisions of the respective statutes of application, it will require the approval by Royal Decree, after hearing of the other affected schools, which may be carried out through the General Council.

TITLE II

Passive Classes Enabled

CHAPTER I

Collegiate

Article 7. Collegiation.

The profession of Enabilitado de Classes Pasivas will not be able to be exercised without the prior registration in the Professional College that corresponds to the locality where the applicant has his professional address. Each enabled only may be incorporated into a single College. Without prejudice to the foregoing, the College may belong to the College as a non-exerciser with the rights recognized by this Statute.

Article 8. Exercise.

The Passive Class Enabled must exercise your profession personally, without prejudice to your ability to appoint collaborators, dependents or employees, who will be able to replace you in the proceedings of a mere procedure.

Article 9. Rules of membership.

For incorporation into a Professional College of Passive Classes Enabled:

(a) To be held in possession of the title of Enabilitado de Classes Pasivas issued by the General Directorate of Personnel and Public Pensions Costs of the Ministry of Economy and Finance.

b) Declaration of not being affected by incompatibility for the exercise of the profession according to the legal provisions in force and a negative certificate of criminal history for intentional crimes.

(c) Abonar the entry fee, the amount of which shall be fixed by the respective College.

(d) High in the payment of the tax of economic activities or any other tax which, if any, empowers the exercise of the profession.

e) The deposit of the sureties provided for in this Statute for those who have been authorized to carry out administration services.

Non-exercisers shall be required to comply with the requirements set out in paragraphs (a) and (c) above.

Article 10. Resolution of requests.

The Board of Directors of the College shall decide on the application for membership within the maximum period of 30 working days after the filing in any of the places referred to in Article 38 of the Law. 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, and must communicate in writing to the applicant the decision that it adopts. After that period, without any express resolution, the request shall be deemed to be dismissed.

Article 11. Admission.

The Board of Directors shall have the admission provided that the above requirements are met. In another case it will agree and notify the petitioner of the reasoned refusal of the entry.

Article 12. Loss of the collegiate condition.

The collegiate condition will be lost, in addition to the loss of the enabled condition, for the following reasons:

(a) For non-payment of four ordinary shares or an extraordinary one, to be agreed by the General Board of the College or the General Council, after 15 days after the appropriate warning, notified in time and form.

(b) By a final judgment which carries with it the disqualification for the exercise of the profession, by the time of the sentence.

c) For expulsion of the agreed College in disciplinary record, finalized by firm resolution.

d) By the non-constitution of the collective bonds.

e) By will.

Article 13. Incompatibilities.

The exercise of the profession of Enabilitado de Classes Pasivas will be incompatible with that of those functions in which, by legal provision, so determined.

Schools shall declare the incompatibility of the exercise of the profession with the performance of the duties or the performance of the duties by the Enabled of Passive Classes, their spouse, or relatives within the second degree of consanguinity or affinity, which may lead to unfair competition.

CHAPTER II

Rights and duties of collegians

Article 14. Rights of the collegiate.

Collegiate will have the following rights:

(a) Participate in corporate management and, therefore, exercise the right of petition, the right to vote and the right of access to managerial positions. The vote of the entitled exercising will have a double value than that of the non-exercisers.

b) Be defended, at their own request, by their College or by the General Council when they are hindered or disturbed by the professional exercise.

(c) Be represented and advised by the College or the General Council when they need to present substantiated claims to the official authorities or entities, equally on the occasion of their professional practice.

d) Belong to the provident entities that to protect the professionals are established or established.

e) Examine the College's accounting and record books, upon request, as well as obtain certifications from those social agreements that affect them personally.

f) Propose another enabled to replace you in the terms that you determine in Article 16.

g) Use professional meat, insignia and how many support services organise both the General Council and the College to which they belong, under the conditions that are respectively determined.

h) Obtain the certificate of your condition of Enabilitado de Classes Pasivas colegiado.

Article 15. Duties of the schoolgirls.

Collegiates have the following duties:

a) Exercise the profession with probity and decorum due.

b) to refrain from any unfair competition.

c) Communicate to the College those facts or circumstances that would give rise to the appointment of a substitute, being able to make use of the provisions of paragraph (f) of Article 14.

d) To be aware of the payment of the tuition fees, as well as the deposit of the bonds that correspond to it statutory and regulentarily.

e) To participate in the College's professional address changes.

f) To process through the College to which they belong, which will give you a course with the required report, any request or claim that you have to make to the General Council.

g) Accept, save just cause, and faithfully perform the collegial charges for which they were elected.

h) Submit the professional differences that may arise between collegiates to the Board of Directors resolution of the College to which they belong, which will be impeachable to the General Council in plenary. In the event that the differences occur between the authorized members of different Colleges, they will be subject to the resolution of the Executive Committee of the General Council, which will be appealed to the General Council in plenary.

(i) Keep on record the cases dealt with or payments made to their mandants for a period of five years, in accordance with the legislation in force.

j) Do not prejudice by action or omission the professional rights of other collegians.

k) Accept the appointment as a substitute or administrator, except for justified reasons of exceptional character appreciated by the appropriate collegial body, and should abstain during the period of substitution or administration of accept powers of his or her clients belonging to the portfolio of the authorised or replaced authorised or managed, except in the case of a permanent cessation or express approval of that person.

CHAPTER III

Portfolio replacement, administration, and settlement

Article 16. Substitutions.

1. Where a Passive Classes has not been able to exercise his profession for a period of more than 30 calendar days, due to absence or incapacity, arising from sickness or accident, the corresponding Professional College designate an eligible substitute for the necessary time, to which effect, the Enabled of Passive Classes may propose the name of another one enabled to replace him in all the steps to be taken before the public agencies, including the collection.

2. The collegial organization will give an account to the General Directorate of Personnel and Public Pensions Costs, and to the Provincial Delegation of Economy and Finance to which the replaced one, from the proposal made by this one, of the the appointment of the Professional College, the reasons for the replacement and the acceptance of the entitled to have been appointed as a substitute.

Also, when the replacement must be longer than ninety days, it must be communicated to the mandants of the replaced enabled the name and address of the designated substitute, as well as the causes of the replacement.

3. The maximum duration of the replacement shall not exceed six months, except in cases of incapacity in which the Directorate-General for Personnel Costs and Public Pensions, at the request of the competent Professional College, may authorise any carryovers up to a maximum of two years, which may in these cases be used for new substitutes.

After the maximum period of substitution or, where applicable, the period of the carry-overs, the Directorate-General for Personnel and Public Pensions Costs, if the situation of absence or incapacity persists, will declare the temporary cessation of the exercise of the profession of Enabilitado de Classes Pasivas.

4. The provisions of the foregoing paragraphs shall also apply to those cases of preventive suspension referred to in Article 58 of this General Staff Regulations.

Article 17. Effects of cessation in the financial year.

When the Enabled of Passive Classes, in accordance with the rules established in Royal Decree 1678/1987, of December 30, is declared by the General Directorate of Personnel and Public Pensions Costs, in the situation of temporary cessation, may not pursue any professional activity with such a character, the administration of the portfolio of the habilitation being required to be administered, if the duration of the situation does not exceed two years, or the liquidation of the same, if it extends for longer.

Article 18. Administration of the enablement of the ceased.

In cases where, in accordance with the provisions of the previous Article 17, the administration of the habilitation of the cessation is to be administered, the Professional College shall be responsible for the duration of the cessation, the arrangements and formalities which are necessary for the best achievement of the interests of those clients in the field of Passive Classes, including, where appropriate, the perception of the benefits in question.

To this effect, the procedural rules laid down in Royal Decree 1678/1987 of 30 December 1987 will be observed.

Article 19. Liquidation of the portfolio for the enabling of passive classes.

In the event of loss of the condition of being enabled, in the cases of cessation in which this is the case, as provided for in Article 17 of this rule, or when the death of the authorized person is produced, the College The professional concerned must carry out the liquidation of the habilitation's portfolio, to the effect of which it will be governed by the rules of procedure laid down in Royal Decree 1678/1987 of 30 December 1987.

TITLE III

Organs of government of schools

CHAPTER I

General disposition

Article 20. Government of the Colleges.

The government of the Colleges corresponds to the Board of Directors and the Board of Directors.

CHAPTER II

The General Meeting

Article 21. General Meeting.

The General Board is the supreme body of collegial decision and it is composed of all the collegiate members registered in each College, each of which will have the right to vote. The President, the Vice President and the Secretary of the College perform these same positions at the General Meeting.

Article 22. Constitution.

The General Board shall be understood to be constituted when the requirements laid down in this Statute and in the legislation which, where applicable, may be applicable, are met.

Article 23. Ordinary meetings.

The General Meeting shall meet on an ordinary basis at least once a year during the first quarter of the year, for the examination and approval, if any, of the memory, balance sheets, accounts and budgets, as well as for the election of the members of the Board whose vacancies are to be provided for each financial year. The agreements shall be adopted by a majority vote.

Article 24. Extraordinary meetings.

The General Board may also meet with extraordinary character when the Board of Directors so agrees, or a number of collegians who exceed 30 per 100 of the census may request it in writing. The Extraordinary General Boards shall be competent to propose the approval or modification of the special statutes of the respective College, to authorize the Board of Directors to dispose of the real estate of the Corporation, approve or to censure the performance of the Board of Directors or its members, to make requests to the public authorities according to the laws or to discuss any other type of matters not included in the previous article.

Article 25. Call.

1. Both the ordinary and the extraordinary Boards shall be moved from the call to the members of the Secretariat by ten days at least in advance of the date on which they are to be held, except for reasons of The President must understand that the deadline, which may be forty-eight hours, should be reduced. The call shall be made by the President and shall be accompanied by the order of the day agreed and approved by the Board of Directors, which shall contain the proposals made by at least three members, received five days in advance. The notice and order of the day shall be inserted in the notice board of the College, without prejudice to any additional publicity which the Board may agree. That call shall include the date on which the Board shall meet on the second call, if necessary. Where the agenda includes a choice of office, the notice shall be held 20 days in advance.

The notification of the call shall be made in such a way as to ensure sufficient knowledge of the call, using the most appropriate means. At the College Secretariat, during the hours of dispatch, the members of the Board shall be at the disposal of the members of the Board of Directors, at least ten working days before the date of their conclusion, except in the cases of urgency in which they are to be as early as possible.

2. Attendance at the General Boards is mandatory. Where justified causes prevent the personal presence of any collegiate, it may be delegated in writing to one of the concurrent.

Article 26. Quorum for the establishment and adoption of agreements.

1. For the valid constitution of the General Meeting, both ordinary and extraordinary, the presence of the President and the Secretary or, where appropriate, of those who replace them and of the half at least of its members, shall be required on the first call. If there is no quorum of assistants, the Board shall be constituted, on a second call, one hour, at least, after the one indicated for the first, whatever the number of assistants who, in any case, may not be less than three. For the valid constitution of the General Board on the second call, its date of celebration must have been set in the text of the call.

2. The agreements shall be adopted by a simple majority of votes cast. The president will be of good quality and will be able to resolve the ties once the vote has been repeated.

3. In no case shall the General Meeting be able to adopt agreements not included on the agenda, unless all the members of the Board are present and the urgency of the matter is declared by the favorable votes of the majority of the members.

Article 27. Quorum for the approval or amendment of statutes and expulsion of collegians.

For the approval or modification of the statutes, as well as for the expulsion agreements of some collegiate, the minimum quorum of assistance required in the second call will be raised to 50 per 100 of the collegiate, present or represented. In this case, a majority of two-thirds of the assistants or represented for the adoption of agreements will be required.

Article 28. Elections.

The General Board shall elect from among the members of the Board of Directors, specifying an age of five years of professional exercise in the College itself for the office of President and three years for the remainder of the members of the Board.

The candidates for the Board of Directors will have to submit a nomination proposal, at least ten days before the date of the election. The proposal may cover all charges or be only partial to any one.

Five days before the date set for the celebration of the General Meeting, the final list of voters and the candidates received will be presented at the headquarters of the College.

Only those who have previously figured as candidates may be elected.

All the voters will approach one by one at the table, stating their first and last names. After the President has been satisfied that the voter is registered in the electoral census, and of his identity, the latter will hand over his own hand to the President an envelope containing the ballot corresponding to the election. Then the President, without hiding the envelope or a moment in the public eye, will say in high voice the name of the voter and adding the word "vote" will deposit in the ballot box.

Once the colegate has been deposited with the last one on the list, the President will ask if any of the voters present have not yet voted, admitting the votes given below.

The President will then proceed to introduce into the ballot box the envelopes containing the ballot papers sent by registered mail by the collegiates who have not been able to attend personally, verifying earlier if in the on exterior bears the stamp of the post office accredited to have been certified.

Then the members of the bureau will vote, and immediately thereafter, the president will declare the vote closed and the vote will begin. The President and the other members of the Bureau shall be appointed by the President, the President and the other members of the Board.

Article 29. Minutes.

1. Minutes of each session held by the General Board shall be drawn up by the Secretary, who shall necessarily specify the assistants, the agenda for the meeting, the circumstances of the place and time at which it has been held, the main points of the meeting. deliberations, as well as the content of the agreements adopted.

2. The minutes shall include, at the request of the respective members, the vote against the agreement, its abstention and the reasons for it or the meaning of its favourable votes. Likewise, any collegial has the right to request the full transcript of his intervention or proposal, provided that he contributes to the act or the deadline that the President points out, the text that corresponds faithfully with his intervention, becoming record in the minutes or by joining the minutes.

3. The members who disagree with the agreement adopted may make a special vote in writing within 48 hours, which shall be incorporated in the approved text.

4. The minutes shall be approved in the same or the following session, but may nevertheless be issued by the Registrar certifying the specific agreements which have been adopted, without prejudice to the subsequent approval of the minutes.

In the certificates of agreements adopted prior to the approval of the minutes, this circumstance shall be expressly stated.

CHAPTER III

The Board Of Directors

SECTION 1. GENERAL PROVISIONS

Article 30. Board of Directors.

The Board of Directors is the body for the implementation and management of the agreements of the General Board and the permanent development of the College administration and will be composed of a President, a Vice President, a Secretary, a Treasurer-Accountant and vowels, all of whom are entitled to voice and vote.

In cases of vacancy by absence, illness or other legal cause the President shall be replaced by the Vice-President, and in his absence by the senior collegiate and age, and the Treasurer-Accountant and the Secretary vowels 1 and 2, respectively.

Article 31. Renewal.

The performance of the Board of Directors ' positions is mandatory, except in the case of re-election. They will be renewed for halves every two years. The first renewal shall be for the President, Treasurer and vowels with an odd number and the following the Vice-President, Secretary and Vowels with a par number

Article 32. Vacancies.

Vacancies that occur on the Board of Directors, for reasons other than those referred to in Article 30, shall be covered by those who agree to the same Board. In the first General Meeting to be held, the members of the Board of Directors shall be appointed who, as a final decision, must hold the positions provided for in the interim; these final appointments shall be effective only for the duration of the It was not necessary for the statutory cessation of those that produced the vacancy.

All except in the case of vacancies more than half of the Board of Directors, which shall apply the provisions of Article 42 (l).

Article 33. Constitution and assistance.

The Board of Directors shall meet at the time of the President's or the request of two members of the Board and shall not be considered validly constituted if at least three of its components do not attend. The assistance is compulsory, except as an excuse accepted by the other members of the Board.

SECTION 2. FUNCTIONS OF THE BOARD OF DIRECTORS

Article 34. Functions.

Corresponds to the Board of Directors:

a) Execute the agreements adopted by the General Board.

b) Lead and administer the College for the benefit of the corporation, leading to the ordinary management of the corporation's interests.

c) Establish and organize the necessary or appropriate services for the best performance of the collective or professional functions, arbitrating the means for its economic support.

d) Agree or refuse the admission of schoolgirls.

e) Impose disciplinary sanctions in accordance with applicable regulations.

f) Raise and administer the College's funds.

g) Raising the necessary funds to contribute to the support of the General Council.

h) Compose annual budgets and account for their implementation.

i) Call for elections to fill the vacancies produced in the Board of Directors by giving the General Council a account.

j) Designate enabled representative, surrogate, and liquidator.

k) Give account to the competent bodies of the substitutions or administrations that may be produced by an enabled or its client portfolio.

SECTION 3. BOARD OF DIRECTORS

Article 35. Duties of the President.

These are the President's functions:

a) Ostend the representation of the College in and out of it.

b) To convene and preside over the General Boards and the Boards of Directors, setting the agenda for each of them.

c) Moderating the development of the debates, being able to suspend them for justified reasons.

d) To vote with the draws for the adoption of agreements in accordance with the terms laid down in Article 26.2 of these Statutes.

e) Ensuring compliance with the laws, giving the approval of the minutes of the General Meeting and of the Board of Directors, as well as the certifications issued by the Secretary.

f) Coordinate the work of the various collegiate bodies.

g) Authorize spending and order payments.

h) Exercise how many other functions are inherent in your condition.

Article 36. Duties of the Registrar.

They are Secretary's functions:

(a) Attend the General Boards, the Boards of Directors as well as the number of meetings held by the College.

b) Carry out the calls of the Boards of Directors on the order of the President and the summons to the collegiates.

c) Receive notifications, requests for data, corrections, and any kind of writing from which you must have knowledge.

d) Prepare for the dispatch of the cases, draft and authorize the minutes of the sessions, issue certifications of the consultations, opinions, and approved agreements.

e) To direct the administrative work of the College.

f) Archiving and guarding existing documentation in the collegial organization.

g) Compose the annual memory of the College.

h) To have the direct and immediate leadership of all the collegiate services and the people affected to the staff of the same.

i) Those other functions inherent in the status of Secretary.

Article 37. Functions of the Treasurer-Accountant.

These are the functions of the Treasurer-Accountant: (a) The custody and responsibility of the corporation's funds.

b) The execution of the collections and payments, leading to the necessary books.

(c) The annual wording, for approval by the General Board, of the balance sheets, accounts, draft budgets, inventory of the goods of the College and any economic study entrusted to it by the General Board or Directive.

Article 38. Communication of the composition of the Board.

Within five days of the establishment of the governing bodies or of their modification, the General Council and the Directorate-General for Personnel and Public Pensions Costs or the Provincial Delegation shall be notified to the General Council. Economic and financial affairs. The composition of the elected bodies and compliance with the legal requirements shall also be communicated.

TITLE IV

The General Council of Colleges of Passive Classes of Spain

CHAPTER I

General provisions

Article 39. Definition.

The General Council of Colleges of the Passive Classes of Spain is a corporation of public law, with its own legal personality and full capacity that integrates all the Professional Colleges of Classes Passive.

The General Council is the supreme representative body of the profession, coordinating the activities of the Colleges integrated in it, showing its representation at the national level and carrying out the efforts of interest (i) the general rule

The Executive Committee is the body for the implementation and management of the Council's agreements, as well as for the permanent development of its administration and the functioning of the services of support to the professional who are establish.

Attached to the General Council there will be a legal advisory that will have the functions assigned to it.

Article 40. Composition.

The General Council will be composed of its President as well as all the Presidents of the Colleges, plus an equal number of vowels, one for each College, one Vice President, one Secretary and one Treasurer-Accountant, all with right to voice and vote.

The President will be elected by all the Presidents of the Colleges or, failing that, by those who have a statutory replacement. The vowels will be chosen by the General Boards of the Colleges. The Vice-President, Secretary and the Treasurer-Accountant shall be elected by the General Council, without having to meet the condition of the members of the Council.

The duration of the charges will be three years, and may be re-elected.

Article 41. Meetings of the General Council.

The General Council shall meet in full, precept, once a year, at the place designated by it or, failing that, where the Executive Committee determines.

It may also be met on an extraordinary basis, when the Executive Committee so agrees, or a number of members who exceed 30 per 100 of the members of the Council shall request in writing.

The General Council shall be understood as being the assistance of at least half of the members.

For the validity of the agreements, the majority of the votes of the councilors will be specified. The number of votes will be as follows:

a) One vote for each counselor.

(b) Advisers who are for their status as Presidents of the Colleges shall have, in addition, a number of votes proportional to the number of collegians exercised in their demarcation; namely:

1. Up to 5 schoolgirls, one vote.

2. From 6 to 10 schoolgirls, two votes.

3. From 11 to 15 collegiate, three votes.

4. From 16 to 20 collegiate, four votes.

5. From 21 to 25 collegiate, five votes.

6. From 26 to 30 collegiate, six votes.

7. From 31 to 40 collegiate, seven votes.

8. º More than 40 schoolgirls, eight votes.

The President of the Council will have a vote of quality and will be able to resolve the ties, once the vote has been repeated.

The agreements adopted by the General Council will be immediately executive. The plenary session shall appoint two financial controllers from among its members so that, within 15 days, the minutes of the meeting shall be approved by the Commission, which shall be ratified by the next plenary session.

CHAPTER II

General Council Functions

Article 42. Functions.

The General Council, in addition to the functions set out in Article 3 of this General Statute, provided that they have a national impact, shall have the following:

(a) Amend this Statute in accordance with the provisions of the legislation in force.

(b) Approve the Council's internal rules of procedure, where the other powers of the President and the other positions of the General Council shall be established.

c) Ratify the statutes and see the regulations governing the internal rules of the Colleges.

d) Address the conflicts that may arise between the different Colleges.

e) Adopt the necessary measures for the Colleges to comply with the resolutions of the General Council of its own jurisdiction.

f) Exercise disciplinary functions with regard to the members of the Boards of Directors of the Colleges and of the Council itself.

g) Approve your budgets, and regulate and equitably fix the contributions of the Colleges.

h) Inform preceptively any state project of amendment of the legislation on Professional Colleges.

i) Resolve the ordinary resources that stand against the acts of the Colleges.

j) To assume the representation of Spanish professionals to similar entities in other nations, as well as in relations with other professions.

k) To organize, with national character, institutions and services of assistance and foresight and to collaborate with the State Administration for the application to the collegiate professionals of the most appropriate Social Security system.

l) Adopt the measures that you consider appropriate to complete, provisionally, with the oldest collegiates the Boards of Government of the Colleges when the vacancies of more than half of the posts of that one are produced. The Interim Board thus constituted shall exercise its functions until the appointed by virtue of election, which shall be held in accordance with the statutory provisions.

m) To install the General Directorate of Personnel and Public Pensions Costs of the Ministry of Economy and Finance the holding of selective tests for obtaining professional title of Passive Classes, and to designate the representatives of the profession in the qualifying court.

n) To ensure that the conditions required by the laws and statutes are met for the filing and proclamation of candidates for the posts of the Boards of Directors of the Colleges.

n) Distribute periodically to all the Informative Circular Passive Classes in order to keep them abreast of the latest legal provisions to be published, as well as on the calendar of their tax obligations.

o) Organise at national level the legal defence services of the schoolgirls in the event that they are persecuted or disturbed in their professional practice, or need to lodge substantiated claims with the authorities, (a) courts and official bodies for the general conditions of that financial year.

p) To know the regulatory standards of the indicative fees approved by the respective Colleges and to approve the commission of maximum collection of the enabled national level.

q) Determine the amount of the individual collegial bail, which is set out in Chapter I of Title VII of this rule.

r) to provide the collective security referred to in Chapter II of Title VII of this Standard, in order to ensure possible liabilities arising from the management of the payment of liabilities incurred by the Pasivas Classes Enabled.

s) To elaborate, where appropriate, the Council's memory.

Article 43. Calls of the Ordinary Board.

Calls for the ordinary Board of the General Council in plenary shall be held in advance of 20 days, except in cases where, for reasons of urgency, it is necessary to meet with extraordinary character, which shall be the ten days. The meetings of the Executive Committee shall be convened at least eight days in advance of its conclusion, except in cases of urgency which shall be held for three days.

CHAPTER III

The Executive Commission

Article 44. Composition.

In order to fulfill the functions that the General Council has its own, it will constitute an Executive Committee as a permanent governing body, as well as the work commissions that are necessary.

This Executive Committee shall be composed of the President, the Vice-President, the Secretary, the Treasurer-Accountant of the General Council, and two vowels appointed by the General Council in plenary among those who are part of it. It will function as the executive body of the full Council. It shall be held in an ordinary session and extraordinary session at the request of the President once a month or at the request of at least two members of the President.

The Executive Committee, in addition to its mission of implementing the agreements of the General Council in plenary, may adopt emergency agreements when the circumstances of the case so require, and put them into practice; subject them to the ratification of the first plenary session of the General Council which takes place after its adoption, or by convening an ex-post within three months of the adoption of the agreement to ratify.

Article 45. Duties of the President.

The President will assume the representation of the General Council and will be the executor of his agreements.

In cases of vacancy by absence, illness or other legal cause, it will be replaced by the Vice President, and failing that, by the oldest collegiate and age.

TITLE V

Economic regime of the Colleges and its General Council

Article 46. Ordinary economic resources.

The ordinary economic resources of the Professional Colleges of the Passive Classes in each demarcation will be nourished by the monthly quotas that satisfy their collegiates, in the amount indicated by the own College.

For the support of the General Council, the Professional Colleges of Passive Classes must enter in their ordinary budgets a quota for the number of students who will have to pass on these same as the Collegial quota. The amount of the quota for the General Council shall be fixed by the full Council for each annuity.

Article 47. Other ordinary economic resources.

The following resources of the Colleges and the General Council shall also be ordinary:

(a) The products of the goods and rights held by the corporation.

b) The benefits to be gained from the operation of centralised services.

Article 48. Extraordinary economic resources.

Constitute extraordinary character resources:

(a) Grants or donations that are awarded either to the College or to the General Council by the State, public entities or private persons.

(b) The extraordinary contributions which the General Boards of each College may agree with such a character for their demarcation, or the General Council for the entirety of the Enabilites of Passive Classes exercised in the territory national.

(c) The amount of the fines imposed by each College or by the General Council, in accordance with their respective powers.

d) The proceeds of the property and property rights of each College or the General Council, respectively.

Article 49. Implementation of economic resources.

All the economic resources, both ordinary and extraordinary, must be applied, on an exclusive basis, to the fulfilment of the obligations attributed to the Colleges or the General Council, respectively, by the Law 2/1974, of 13 February, and by the statutory rules.

Article 50. Drafting of the budget.

Schools shall annually draw up their ordinary budgets for expenditure and revenue and the extraordinary, if any. Each financial year shall be examined and approved, where appropriate, by the General Board of Colleges.

The General Council shall also, in an annual manner, draw up its ordinary or extraordinary budgets, the liquidation of which shall be forwarded to all the members of the Board for knowledge after the end of the financial year.

TITLE VI

Disciplinary and Honorific Regime

CHAPTER I

General disposition

Article 51. Disciplinary responsibility.

The Passive Classes are subject to disciplinary responsibility for the failure of their ethical and collegiate duties.

CHAPTER II

Faults and Corrections

Article 52. Fouls.

The faults committed by the Passive Classes that can carry out disciplinary sanctions are classified in light, serious and very serious.

1. They're slight fouls:

(a) The lack of respect for the members of the Board of Directors in the performance of their duties, where it does not constitute a serious or very serious misconduct.

b) The negligence in the compliance with the statutory rules.

c) The absence, not justified, of the call of the President of the respective College.

d) The minor violations of the duties imposed by the profession.

2. They're serious fouls:

(a) The serious breach of the statutory rules or of the agreements adopted by the General Council or the College, unless it constitutes a lack of superior entity.

b) The lack of respect, by way of action or omission, to the components of the Boards of Directors when acting in the exercise of their duties.

c) Acts of disconsideration manifest towards the collegiate in the exercise of the professional activity.

d) Unfair competition.

e) The drunkenness or consumption of narcotic drugs on the occasion of the professional exercise.

(f) The non-constitution in the time prescribed for professional bonding regulations.

3. They're very serious fouls:

a) Reoffending twice in serious misconduct within the five-year period.

b) drunkenness or drug addiction which seriously affects the exercise of the profession.

c) The commission of criminal offences, in any degree of participation, as a consequence of the exercise of the profession.

d) The cover-up of professional intrusive.

e) The conviction in a firm sentence for the fact that it makes him demerless for the exercise of the profession.

Article 53. Sanctions.

The penalties that may be imposed on the Passive Classes Enabled by the commission of acts typified in the previous article, following the procedure laid down in Chapter III of this Statute, are as follows:

1. For minor fouls:

a) Private assembly.

b) A written receipt.

2. For serious faults:

a) Public interest.

b) Temporary suspension in the exercise of the profession of Enabilitado de Classes Pasivas for up to one month.

3. For very serious faults:

(a) Temporary suspension in the exercise of the profession of Enabilitado de Classes Pasivas for up to six months.

b) Expulsion of the collegiate.

Article 54. Liability regime.

1. The disciplinary responsibility of the schoolgirls is extinguished by:

a) Compliance with the sanction.

b) Death of the collegiate.

c) The prescription of the fault.

d) The prescription of the penalty.

2. The disciplinary penalties for disciplinary action shall be:

a) If they are mild, at six months.

b) If they are serious, at two years.

c) If they are very serious, at three years.

The limitation period will begin to count from the day on which the facts that motivated it were committed, interrupting them by any diligence or action related to the clarification of the responsibility.

3. Penalties imposed for very serious offences shall be imposed at three years; those imposed for serious misconduct, at two years; and those imposed for minor offences, per year.

The limitation period for the penalty for failure to comply with the penalty shall begin to count from the day following that in which the penalty decision has been signed.

4. Those who are punished may ask the Board of Directors of the College that adopted it, with the consequent cancellation of the note of their personal file, in the following deadlines, counted from the fulfillment of the sanction:

a) If it were for a slight lack, at six months.

b) If it were for a serious fault, at two years.

c) If it were for a very serious lack, at three years.

(d) If there were expulsion, the period shall be five years.

In the event of expulsion, the applicant must provide evidence of the rectification of conduct, which will be carefully appreciated by the Board of Directors of the College for the purpose of agreeing or refusing rehabilitation, which will be done by means of a reasoned decision and within a maximum period of two months from the request, the Board being able to designate for the purposes of its members a rapporteur who, after hearing the person concerned and the practice of the evidence which he considers appropriate, favourable or contrary to that request.

The resolution of the Board of Directors shall be notified to the applicant with the indication that within one month of such notification, the applicant may bring an ordinary appeal to the General Council.

After the period of two months without the Board having issued an express decision, the application shall be deemed to be dismissed for the appropriate purposes, including that of deducting the appropriate ordinary appeal against such dismissal, in accordance with Articles 43 and 44 of Law No 30/1992 of 26 November 1992.

CHAPTER III

Sanctioning Procedure

Article 55. Sanctions.

The minor, serious and very serious faults will be sanctioned by the Board of Directors after the opening of disciplinary proceedings dealt with in accordance with Royal Decree 1398/1993 of 4 August, approving the procedure for the exercise of the power of sanction.

The provisions of Title IX, Chapter II, of Law 30/1992, of 26 November, which regulates the principles of the sanctioning procedure, will be provided for.

Article 56. Administrative responsibility.

1. If at any time when the file is processed, the competent bodies consider that the facts may be constitutive of administrative responsibility in the terms of the provisions of Royal Decree 1678/1987 of 30 December 1987, or of Criminal offence, shall inform the Directorate General of Personnel and Public Pensions Costs and the Provincial Delegation of Economics and Finance with competence for the payment of corresponding passive classes, in respect of the responsibility The Ministry of Public Health and the Ministry of Public Health testimony on the actions taken on the communication.

In these cases, as well as when the competent bodies are aware that an administrative sanctioning procedure or criminal proceedings are being developed on the same facts, they will request the administrative body or The Court of Justice, respectively, communication on the actions taken.

2. Received the communication and if it is estimated that there is an identity of the subject, made and ground between the collegial infraction, the administrative and the criminal, or between any of them, the competent organ for the resolution of the procedure regulated in this the chapter shall agree to its suspension until administrative or judicial decision is taken.

3. In any event, the facts established by a firm criminal judicial decision bind the collective bodies in respect of the sanctioning procedures which are substantial.

Article 57. Competition for resolution.

The competent body shall resolve the non-enforceability of liability at any time of the instruction of the disciplinary proceedings mentioned in which it is accredited that criminal or administrative penalty has been imposed on the the same facts, provided that the identity of the subject and the foundation are also present.

Article 58. Preventive suspension.

In cases where there are rational indications to fear that in the conduct of an authorised person the possibility or existence of a serious injury to the profession or the public interest, the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors Directive, under the personal and joint responsibility of all its members, may unanimously agree with the assistants the immediate preventive suspension in the professional exercise of the enabled and the appointment of a qualified substitute while the suspension lasts. Such suspension and replacement shall take account on the following working day of the Administration and of the Executive Board of the General Council, who shall, within 15 days, ratify it without effect. The administration shall be informed of the agreement adopted by the Executive Committee.

Such a preventive suspension may be left without effect during the processing of the appropriate disciplinary record if the collegiate offers sufficient guarantees in the judgment of the Board of Directors.

The Board of Directors must be given the Board of Directors for approval by the Board of Directors, and the Board of Directors shall be required to take the appropriate responsibilities if they are not justified.

Similarly, the Executive Committee will proceed to the plenary session of the General Council.

Article 59. Appointment of instructor.

In the same providence in which the opening of the file is ordered, an instructor will be appointed and, if applicable, a secretary, which will be notified to the issued, charges that will have to be placed in an authorized district of the College.

Article 60. Procedure.

1. The instructor will order the practice of how many tests and actions lead to the clarification of the facts and to determine the responsibilities that can be sanctioned.

2. The imposition of the penalties shall be notified to the person concerned, and may be made in the professional address communicated to the College. If the notification in the terms of Article 59 (1) of Law 30/1992 of 26 November of 26 November cannot be effected, the delivery may be made by an employee of the College of Enabled, subject to the provisions laid down in paragraphs 1 and 2. two and three of that provision; and if the notification cannot be effected either, it shall be understood within 15 days of its placement on the notice board of the College of Enabled, which may be made in the manner provided for in the Article 61 of that Law. Against that agreement, the General Council may be brought before the General Council within one month of the terms laid down in Articles 72 and 73 of this Statute. The grounds on which it is based shall be invoked in the interim document, proposing the evidence which it considers appropriate.

Article 61. Processing of the ordinary resource.

1. Where the ordinary appeal is lodged, the evidence proposed shall be carried out in so far as the Executive Committee considers them appropriate.

Once they have been carried out, the collegial body will raise a proposal for a resolution to the General Council, which has the competence to decide, ultimately, on the proposed action.

The General Council agreement shall be notified to the issued and the respective College.

2. After three months after the appeal has been lodged without a decision, the decision shall be deemed to be dismissed, except in the case referred to in Article 43.3 (b) of Law No 30/1992 of 26 November.

3. Against the agreement on which the appeal is settled, or against its alleged dismissal, the judicial-administrative jurisdiction shall be issued in accordance with the terms laid down in the law.

Article 62. Suspension of the resolution.

1. The uncontested resolution will gain firmness. In the event of an appeal, such a decision shall be suspended until the final judgment is given, except where the General Council understands that there are specific grounds for the possibility or existence of serious injury to the interests of the profession or are contrary to the legal order.

2. The sanctions which may be imposed on the components of the Board of Directors and former members of the Board of Directors, as well as of the General Council, shall always be agreed upon by the General Council, after having been instructed by the appropriate file.

CHAPTER IV

Distinctions and Honours

Article 63. Distinctions.

Collegiates may be distinguished, by agreement of the General Board, on a proposal from the Board of Directors or on the initiative of one or more collegiates, with the distinctions specified below and which shall be recorded in the personal file:

a) Designation of collegiate of honor.

b) Proposal to the Public Administration for the award of decorations or any other type of honors.

TITLE VII

Financial Year-

-Year

CHAPTER I

Individual Bail

Article 64. Establishment of professional security.

The Passive Class Enabled which intends to perform administration services shall constitute, before the commencement of its professional exercise, an individual bond with the General Council in particular concerning its obligations and without prejudice to the one which it is regulated to carry out directly before the Administration.

This security may not be cancelled, even if the person is entitled to cease in the exercise of his profession, until the end of the three-month period referred to in the following Article.

Article 65. Cancellation of the bail.

For the total cancellation of individual bail to be agreed, the following requirements will be met:

(a) That the authorized person has definitively ceased, for any legal reason, in the exercise of the profession.

b) To request the cancellation of the corresponding entitled, his or her heirs or the person or entity that owns it.

c) That, published in the "Official State Gazette" the notice of having requested the cancellation, no claim has been promoted, within three months to count from such publication, against the enabled corresponding.

Fulfilled the above requirements the Executive Board of the General Council will order the return of the cash goods that constitute the bond to its rightful owner.

Article 66. Liability for the bail.

It will only affect the bond to liabilities that are outside the corporate responsibility when they are fully covered.

Article 67. Amount of the security.

The amount of this individual bond shall be the one fixed by the General Council, and shall be deposited in cash.

CHAPTER II

Collective Bail

Article 68. Warranty.

The General Council of Professional Colleges of Spanish Passive Classes will guarantee, by means of a collective bond, the results of the liabilities arising from the management of payment of liabilities incurred by The Enabled of Passive Classes, as provided for in the Regulation of the profession approved by Royal Decree 1678/1987, of December 30.

Article 69. Representation to hire bail.

The General Council will hold the representation of each and every one of the exercise-enabled, for the purpose of hiring the collective bail with third legally authorized entities.

The whole of the Colleges will respond jointly to the General Council and to the guarantor entity of any disbursement that is made by the security constituted, in proportion to the liquid collection for each collegiate of the payrolls of the month of January preceding the date of disbursement or disbursements made.

Article 70. Obligation of the General Council on Bail.

It is up to the General Council to provide the collective bail that is determined by the Administration at any time.

Collective consolidation expenses will be satisfied by the Liabilities of Passive Classes in proportion to their volume of benefit collection.

TITLE VIII

Nullity of collective acts and regime of resources

Article 71. Nullity of the collective acts.

In accordance with the provisions of Law 30/1992, of November 26, the acts of the collective organs in which one of the following assumptions are made are null and void:

(a) Those who injure the essential content of the rights and freedoms that are amenable to constitutional protection. (b) Those issued by a manifestly incompetent body on the grounds of matter or territory.

c) Those that have an impossible content.

(d) The constitutive of criminal offences or dictated as a consequence of this.

(e) The dictates that they do not fully and absolutely dispense with the legally established procedure for this or the rules that contain the essential rules for the formation of the will of the collegiate organs.

(f) express or alleged acts contrary to the legal system whereby powers or rights are acquired when the essential requirements for their acquisition are lacking.

Acts that incur any infringement of the legal order even the diversion of power are nulliable.

Article 72. Appeals to the General Council.

The agreements of the organs of the Colleges may be the subject of an ordinary appeal to the General Council within one month of their adoption or, where appropriate, notification of the members or persons to whom they are affected. The ordinary appeal may be based on any of the grounds for invalidity or invalidity provided for in the previous Article. After that period has not been brought, the decision shall be final for all purposes.

Article 73. Procedure.

The appeal may be brought before the body which issued the act which is challenged or before the competent body to resolve it. If it is submitted to the body which issued the contested act, it shall refer the matter to the Council together with its report and a complete and orderly copy of the dossier within 10 days of the date of submission.

Article 74. Resource resolution.

The General Council shall issue an express resolution within three months of the appeal being brought, understanding that, in the event of silence, it shall be refused, except in the case provided for in Article 43.3 (b) of the Law 30/1992, of 26 November.

Article 75. Appeals to the administrative-administrative jurisdiction

The acts emanating from the Boards of the Colleges and the General Council, as soon as they are subject to administrative law, once the corporate resources have been exhausted, will be directly subject to jurisdiction. administrative-administrative, in the terms provided for in the laws.

TITLE IX

Relations with the General Administration of the State

Article 76. Relations with the General Administration of the State.

The Professional Colleges of Passive Classes will be related to the State Administration, through the Ministry of Economy and Finance, and through the General Directorate of Personnel and Pensions Costs. Public or the one that, in due course, takes over the competences on the passive classes of the State and Social Security of the civil servants, being indispensable requirement the report of the General Council when the matter affects more than one College territorial.