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Royal Decree 558/1990 Of 27 April, On Transfer Of Functions And Means Of The Administration Of The State To The Autonomous Community Of Andalusia In Terms Of Qualification And Administrative Registration Of Business Corporations.

Original Language Title: Real Decreto 558/1990, de 27 de abril, sobre traspaso de funciones y medios de la Administración del Estado a la Comunidad Autónoma de Andalucía en materia de calificación y registro administrativo de sociedades anónimas laborales.

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TEXT

Royal Decree 3825/1982 of 15 December ("Official State Gazette" of 28) determines the rules and procedure to be followed by the transfer of functions and services of the State to the Autonomous Community of Andalusia.

In accordance with the provisions of the Royal Decree cited above, which also regulates the operation of the Joint Transfer Commission provided for in the second transitional provision of the Autonomy Statute of the Autonomous Community of Andalusia,

At its meeting on 3 April 1990, the Commission adopted the agreement to carry out transfers of functions and means relating to the qualification and administrative registration of public limited liability companies.

In its virtue, in compliance with the provisions of the provisions of the second transitional provision of the Statute of Autonomy of the Autonomous Community of Andalusia, at the proposal of the Minister for Public Administrations, and deliberation of the Council of Ministers at its meeting on 27 April 1990,

DISPONGO:

Article 1. º

The Agreement adopted on 3 April 1990 by the Joint Commission on Transfers provided for in the second transitional provision of the Autonomy Statute of the Autonomous Community of Andalusia, adopted by Law, is hereby approved. Organic 6/1981 of 30 December 1982 (Official Journal of the State of 11 January 1982), by which the functions and means of the State Administration relating to qualification and registration are transferred to the Autonomous Community of Andalusia administrative of the public limited companies.

Art. 2. °

Consequently, the functions and means referred to in the Agreement which are annexed to this Royal Decree are transferred to the Autonomous Community of Andalusia.

The transfers referred to in this Royal Decree shall be effective from the day indicated in the Agreement of the said Joint Committee, without prejudice to the fact that the Ministry of Labor and Social Security produces, until the in force of this Royal Decree, the administrative acts necessary for the maintenance of the services in the same regime and level of operation as they had at the time of the adoption of the Agreement which is transcribed as an annex to the present Royal Decree.

Art. 3. °

The budgetary appropriations which are determined in accordance with the Annex number 2 of the Annex will be discharged from the concepts of origin and transferred by the Ministry of Economy and Finance to the concepts set out in the Section 32 of the General Budget of the State, intended to finance services transferred to the Autonomous Communities, once they are referred to the Department, by the Office of the Budget Office of the Ministry of Labour and Security Social, credit retention certificates to comply with the provisions of the current State General Budget Law.

FINAL 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 to April 27, 1990.

JOHN CARLOS R.

The Minister for Public Administrations,

JOAQUIN ALMUNIA AMMAN

ANNEX

Dona Concepción Tobarra Sánchez and Dona Soledad Mateos Marcos, Secretariats of the Joint Commission provided for in the second transitional provision of the Autonomy Statute of the Autonomous Community of Andalusia,

CERTIFY:

The Agreement on the transfer to the Autonomous Community of Andalusia of the functions and means of the State Administration relating to the qualification and qualification of the Joint Committee was adopted at the plenary session of the Joint Committee held on 3 April 1990. administrative registration of the public limited companies.

A) Reference to constitutional and statutory and statutory rules in which the transfer is protected

The Constitution in Article 149.1.7 reserves the State exclusive competence in matters of labor law, without prejudice to its execution by the organs of the Autonomous Community.

For its part, the Autonomy Statute of the Autonomous Community of Andalusia states in its article 17.2 that it is for the Autonomous Community of Andalusia to implement the legislation of the State in the field of labor, assuming the powers, powers and services which the State Administration currently has in this field and at the level of enforcement in relation to industrial relations, without prejudice to the State's high inspection.

On the basis of these constitutional and statutory provisions it is appropriate to carry out in this field the transfer of functions relating to the qualification and administrative registration of the public limited companies.

Law 15/1986 of 25 April, of Companies Anonymous Labor ("Official Gazette of the State" of 30), establishes in its Articles 4 and 18 the functions that correspond to the Ministry of Labor and Social Security, regarding the (a) the classification and administrative registration of the company's public limited liability companies and, in compliance with the provisions of its final provision, the Royal Decree 2229/1986 of 24 October ("Official State Gazette" of 29), which regulates the operation of that record.

B) Functions of the State Administration that assumes the Autonomous Community and identification of the services that are transferred

1. Under the provisions cited above, the functions of qualification and administrative registration are transferred to the Autonomous Community of Andalusia, attributed to the Ministry of Labour and Social Security in matters of public limited companies by the Law 15/1986 of 25 April, and Royal Decree 2229/1986 of 24 October, when those have their registered office in the territory of the Autonomous Community, with the State Administration reserving the grant of the benefit of freedom of amortisation, as provided for in that Law.

2. In relation to the administrative register of public limited companies provided for in Article 4 of Law 15/1986 of 25 April, and regulated by Royal Decree 2229/1986 of 24 October, the Junta de Andalucía will forward monthly to the Directorate-General of Cooperatives and Industrial Societies a certification that will contain the specification of the registrations held in the previous month in the Register of Industrial Companies, as well as of the modifications of the Statutes, adaptation or transformation, dissolution, liquidation and disqualification of the same; General address so request, also a simple copy of any of the files relating to the registered public limited companies will be sent.

3. The anonymous working companies registered prior to the entry into force of the Agreement of transfers that pass to the corresponding Register of the Junta de Andalucía, will maintain the same number initially assigned in the Directorate General of Cooperatives and Labour Societies of the Ministry of Labour and Social Security.

4. The Government of Andalusia shall provide the State Administration with statistical information on the exercise of the transferred functions, in order to ensure its coordination and integration with the rest of the statistical information in the field. national.

On the other hand, the State Administration will provide the Andalusian Junta with the information elaborated on the same subjects.

C) Job vacancies that are moved

The vacant positions that are budgeted for the budget are those referred to in the attached ratio number 1 with an indication of the corresponding budget allocation.

D) Final assessment of charges, financial of the transferred functions

1. The assessment of the actual cost, which, in pesetas of 1986, corresponds to the extension of means attached to the functions transferred to the Junta de Andalucía rises to 1,365,619 pesetas.

2. The financing in pesetas of 1990, which corresponds to the annual effective cost of the extension of means, is detailed in the ratio number 2.

3. The actual cost as detailed in the valuation tables for the ratio number 2 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 the consolidation of Section 32 of the General budget of the State, of the appropriations relating to the various components of the effective cost, for the amounts to be determined, which are 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 transferred functions, shall be subject to the regularisation, where appropriate, of the closure of the financial year, by means of the presentation of the relevant accounts and supporting statements to a Liquidation Commission, to be set up in the Ministry of Economy and Finance.

E) Documentation and files that are moved

1. The delivery of the documentation and files corresponding to the functions transferred will be carried out within two months from the entry into force of the Royal Decree approving this Agreement and will take effect by the appropriate minutes for delivery and receipt, authorised by the competent authorities in each case.

2. The files presented in the Directorate General of Cooperatives and Labour Societies, prior to the actual date of this Agreement shall be resolved in accordance with the provisions of Article 20.1 of Law 12/1983 of 14 October of the Autonomous Process, and Article 8. of the transfer rules approved by Royal Decree 3825/1982 of 15 December ("Official State Gazette" of 28).

F) Transfer effectiveness date

The transfer of functions, which is the subject of this Agreement, will be effective from 1 April 1990.

And for the record, we issued this certification in Madrid, 4 April 1990. -Las Secretarias, Concepción Tobarra Sánchez y Soledad Mateos Marcos.

Relationship number 1

1. VACANT POSTS TO BE TRANSFERRED TO THE AUTONOMOUS COMMUNITY OF ANDALUCÍA

Locality and service

Job position

Body or Scale

Year 1989

Annual

Basic

Complementary

1

B

1.377,656

642,924

2,020,580 *

Remuneration 1989.

Increases to account 1990. 5 per 100 = 101,029.

Relationship number 2

2. ASSESSMENT OF THE SERVICES THAT ARE TRANSFERRED TO THE AUTONOMOUS COMMUNITY OF ANDALUSIA

Revenue

0

Pesetas

allocations:

19.10.724A.120.01

1.377,656

19.10.724A.121.00

642.924

Total Chapter I

2,020,580

Increment to Account 1990. 5 per 100

101.029

Total Chapter I

2.121,609

Budget Assignments:

03.311. A. 771.09

194,072

Total Chapter II

194,072

2.315,681

0

0

Cost

2.315.681