The Spanish Constitution provides for its article 149.1. 6. ª. 11. and 13. the State has exclusive jurisdiction over commercial law; the bases of the management of credit, banking and insurance, and the bases and coordination of the general planning of economic activity.

Likewise, and in accordance with the provisions of Article 26.21 of the Statute of Autonomy of the Community of Madrid, approved by Law 3/1983, of 25 February, and reformed by Law 10/1994, of 24 March, corresponds to the Community of Madrid the fullness of the legislative function in matters of mutual non-integrated in the system of social security, respecting the mercantile legislation.

Royal Decree 1952/1983, of 29 June, determines the rules and procedure to be followed by the transfer of functions and services of the State to the Community of Madrid.

In accordance with the provisions of the Royal Decree cited, which also regulates the operation of the Joint Commission of Transfers provided for in the second transitional provision of the Statute of Autonomy of the Community of Madrid, At its meeting of 23 November 1994, the Commission adopted the appropriate Agreement, the practical virtue of which requires its approval by the Government through Royal Decree.

In its virtue, and in compliance with the provisions of the second transitional provision of the Statute of Autonomy of the Community of Madrid, at the proposal of the Minister for Public Administrations and after deliberation of the Council of Ministers at their meeting on 9 December 1994,

D I S P O N G O:

Article 1.

The Agreement of the Joint Commission, provided for in the second transitional provision of the Statute of Autonomy of the Community of Madrid, is hereby approved for the purposes of the functions and services of the State Administration which must to be the subject of a transfer to the Community of Madrid in the field of social security contributions not integrated into social security, adopted by the plenary session of the said Commission at its meeting on 23 November 1994, and which is to be annexed to the Royal Decree.

Article 2.

Consequently, the functions and services as well as the budgetary appropriations, which are listed in the Joint Committee Agreement, are transferred to the Community of Madrid in the terms specified therein.

Article 3.

These transfers will be effective from the date indicated in the Agreement of the Joint Commission, without prejudice to the production of the Ministry of Economy and Finance until the entry into force of this Royal Decree, if any, the acts (a) the necessary administrative arrangements for the maintenance of the services in the same system and level of operation as they were at the time of the adoption of the Agreement.

Article 4.

The budgetary appropriations to be determined in accordance with the Annex's No 1 ratio shall be given on the basis of the concepts of origin and transferred by the Ministry of Economy and Finance to the concepts set out in the Annex. Section 32 of the General Budget of the State to finance the cost of services transferred to the Autonomous Community, once they are referred to the Department, by the Budget Office of the Ministry of Economy and Hacienda, the certificates of credit retention, to comply with the provisions of the current Law 21/1993, of 29 December, of the General Budget of the State for 1994.

Single end disposition.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid on December 9, 1994.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Dona Marianela Berriatua Fernández de Larrea and dona Lourdes González del Tanago, Secretariats of the Joint Commission provided for in the second transitional provision of the Statute of Autonomy of the Community of Madrid,

CERTIFICATE

At the plenary session of the Joint Committee, held on 23 November 1994, an agreement was reached on the transfer to the Community of Madrid in the field of social security schemes not integrated into social security in the Member States. terms that are then expressed:

A) Reference to constitutional, statuesque and legal norms in which the transfer is covered.

The Spanish Constitution, in its article 149.1.6., 11. and 13. ª, reserves the State exclusive competence on the commercial law; the bases of the ordination of credit, banking and insurance, and the bases and coordination of the general planning of economic activity.

Moreover, the Statute of Autonomy of the Community of Madrid, approved by Law No 3/1983 of 25 February, and reformed by Law No 10/1994 of 24 March, confers on the Autonomous Community, in its Article 26.21, the the full legislative function on mutual non-integrated in the social security system, in compliance with commercial law.

Finally, the second transitional provision of the Statute of Autonomy of the Community of Madrid and Royal Decree 1959/1983 of 29 June lays down the rules governing the form and conditions to which the transfer of functions and services from the State to the Community of Madrid, as well as the operation of the Joint Transfer Commission.

On the basis of these provisions, it is necessary to carry out the transfer of functions and services, as well as of the means attached to them, of the State Administration to the Community of Madrid in the field of mutual societies. social welfare provision not integrated into social security.

B) Functions of the State Administration that the Community of Madrid assumes.

The Community of Madrid shall exercise, in respect of social security mutual societies not integrated in social security, whose registered office, scope of operations and location of the risks to which they ensure are limited to the territory of the Community, the following functions which the State Administration was carrying out:

1. To lay down the rules for their regulation, while respecting the basis for the organisation of the insurance business.

2. Exercise the relevant administrative powers, referred to:

(a) The authorization, revocation and registration of Social Security Mutual Social Security Mutual Social Security (Social Security).

(b) The surveillance, inspection and control of its operation.

c) The authorization of mergers, divisions and transformations and the right to agree, where appropriate, to the dissolution of trade.

For such purposes, it is understood by social security mutual societies that are not integrated in the social security the private entities operating at fixed or variable premium, without profit, outside the framework of the systems of forecast that constitute compulsory social security and exercise a voluntary insurance scheme designed to protect its members or property against circumstances or events of a fortuitous and foreseeable nature by means of contributions direct of their associates or of other protective entities or persons in accordance with the current legislation on the management of private insurance.

In its name must necessarily be the indication of mutual or montepio of social foresight or similar.

C) Functions and services reserved by the State Administration.

The high financial economic control of the entities that are the subject of this Transfer Agreement shall continue to be exercised by the relevant organ of the State Administration.

D) Functions in which the Administration of State and the Autonomous Community are to participate.

For the purposes set out in the preceding paragraphs, the Community of Madrid and the State Administration shall establish the appropriate mechanisms by which the Autonomous Community shall immediately communicate to the Ministry of Economy and Finance each authorization it grants, as well as its revocation, and will forward annually to that Ministry the statistical-accounting data of each entity, remaining between the State Administration and that of the Community of Madrid necessary collaboration for the purpose of homogenising documentary information and coordinating, in its the activities of both administrations.

E) Goods, rights and obligations of the State that are transferred.

According to the provisions of the additional provision of Law 12/1983 of 14 October of the Autonomic Process, the State Administration must regularize the economic and administrative situation of the personnel. service before proceeding to transfer to the Autonomous Communities. In any event, the State Administration shall be responsible for the payment of the arrears or any compensation to which the staff were entitled for reasons of their situation prior to the transfer.

F) Staff assigned to the services and institutions that are transferred.

There are no personal means in this transfer.

G) Valuation of the financial burdens of the past services.

1. The definitive assessment of the actual cost, which, in pesetas of 1990, corresponds to the services transferred to the Autonomous Community rises to 147,384 pesetas.

2. The financing, in pesetas of 1994, which corresponds to the annual effective cost is the one that is collected in the ratio number 1.

3. The actual cost as detailed in the assessment tables for the ratio number 1 shall be financed as follows:

Transiently, until the effective cost is computed to review the percentage of the Autonomous Community's share of the State's revenue, the total cost will be financed by consolidation in Section 32 of the General budget of the State, of the appropriations relating to the various components of this cost, for the amounts to be determined, subject to updating by the general mechanisms provided for in each Budget Law. Any differences arising during the transitional period, as referred to in the preceding paragraph, in respect of the financing of the services transferred, shall be subject to the adjustment of the financial year by the end of the financial year. presentation of the accounts and supporting statements relating to a settlement committee, which shall be lodged at the Ministry of Economic Affairs and Finance.

H) Documentation and records of the services being transferred.

Within one month of the entry into force of the Royal Decree approving this Agreement, the documentation and the dossiers that document the administrative, completed or in-use procedures shall be submitted. processing, relating to the social welfare insurance funds listed in the attached ratio number 2, by subscribing to that effect the corresponding delivery and receipt minutes; all in accordance with the provisions of Royal Decree 1959/1983, of 29 June, approving the rules for the transfer of functions and services from the State to the Community of Madrid.

I) Transfer effectiveness date.

The transfer of functions and services covered by this Agreement will be effective from 1 January 1995.

And for the record, we issued this certification in Madrid at 23 November 1994. -Secretariats of the Joint Commission, Marianela Berriatua Fernández de Larrea and Lourdes González del Tanago.

NUMBER 1 RELATIONSHIP

Effective cost for the Autonomous Community of Madrid, according to budget 1994

Section 15. Ministry of Economy and Finance

Service 29. General Directorate of Insurance

Section 631.A Address, Control, and Management

for insurance

Pesetas

Chapter I:

Article 12

/100,000

Chapter II:

Article 22

/86,854

Total Cost

/186,854

NUMBER 2 RELATIONSHIP

Madrid Community

Social Denomination

/Social Address

Montepio de Ferreteros y Simares de Madrid de Previsión Social.

/Calle Hileras, 4, 28013 Madrid.

Corporate Philanthropic Society Matritense Mutuality of Social Welfare.

/Calle Gran Via, 57, 28013 Madrid.

National Health Mutual Health Insurance.

/Calle Concepción Jeronima, 13, 28012 Madrid.

Mutiberus Mutual Social Security.

/Calle Alcantara, 21, 28006 Madrid.

Section of Mutual Socorros of the Madrileña Federation of the Carnes Industries.

/Calle Canos del Peral, 1, 28013 Madrid.

The Madrid Fire Service Society of Social Welfare.

/Calle Imperial, 8, 28012 Madrid.

Real and Illustrious Congregation of the Most Holy Sacrament and Holy Burial of Madrid, Mutual Social Welfare.

/Calle Atocha, 82, 28012 Madrid.

Association of Social Welfare and Mutual Socorros of the Personnel of the National Mint and Timbre.

/Calle Jorge Juan, 106, 28009 Madrid.

Forecasting and Relief Metallurgical Montepio.

/Calle Guzmán el Bueno, 25, 28015 Madrid.

Mutual Social Welfare Mutual Assistance Work of the School of the Holy Family.

/Calle Menorca, 14, 28009 Madrid.

Medical Protection Association-Pharmaceutical, Social Welfare Mutual.

/Calle Capitan Haya, 53, 28020 Madrid.

School Mutuality of Our Lady of the Pillar of Social Welfare College.

/Calle Castello, 56, 28001 Madrid.

School of Social Welfare of the College of Veritas.

/Carabanchel-Aravaca Highway, kilometer 5.5, 28023 Madrid.

Mutual Social Welfare to Prima Variable of the Marist Brothers of Madrid.

/Calle Rafael Calvo, 12, 28010 Madrid.

Our Lady of Loreto School of Social Welfare.

/Calle O-Donnell, 61, 28009 Madrid.

Social Security Mutual Social Security of the Taxi.

/Calle Santa Engración, 84, 2. º, 28010 Madrid.

Mutual Social Welfare of the Santa Maria del Pilar College.

/Calle Reyes Magos, 3, 28009 Madrid.

Mutual Social Security of the Association of Dependents of Attorneys of the Courts of Justice.

/Calle General Alvarez de Castro, 41.

Mutual Social Welfare of the Staff of the Official Gazette of the State.

/Calle Trafalgar, 27, 28010 Madrid.

School of Social Welfare of the Sacred Hearts of Madrid.

/Calle Padre Damian, 34, 28036 Madrid.

Coca-Cola's Forecast Mutual Mutual.

/Calle Josefa Valcárcel, 36, 28027 Madrid.

School of Social Welfare of the San Agustin College in Madrid.

/Calle Padre Damian, 18, 28036 Madrid.

Social Welfare Mutual Jose Maria Aristral Madrid, S. A.

/Carretera Toledo, kilometer 9,200, 28021 Madrid.

Mutual of School Forecast of the Catholic Federation of Associations of Parents and Parents of Alumni of Madrid.

/Calle Don Ramón de la Cruz, 90, 28006 Madrid.

Mutual of School Forecasting Menesian School.

/Avenida de Brasília, 11, 28006 Madrid.

Our Lady of Good Council's School of Social Welfare Mutual.

/Calle Juan Montalvo, 30, 28040 Madrid.