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Royal Decree 519/1989, Of May 12, On Transfer Of Functions And The Administration Of The State To The Valencian Community Media In Terms Of Qualification And Administrative Registration Of Business Corporations.

Original Language Title: Real Decreto 519/1989, de 12 de mayo, sobre traspaso de funciones y medios de la Administración del Estado a la Comunidad Valenciana en materia de calificación y registro administrativo de Sociedades Anónimas Laborales.

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TEXT

Royal Decree 4015/1982 of 29 December 1982 (Official State Gazette of 29 January 1983) lays down the rules and procedure to be followed by the transfer of functions and services from the State to the Community. Valencian.

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 transitional provision fourth of the Statute of Autonomy of the Valencian Community, At its meeting on 24 April 1989, the Commission adopted the agreement to carry out the transfer of functions and means relating to the administrative qualification and registration of the company.

In its virtue, in compliance with the provisions of the fourth transitional provision of the Statute of Autonomy of the Valencian Community, at the proposal of the Minister for Public Administrations, and after deliberation of the Council of Ministers at its meeting on 12 May 1989

DISPONGO:

Article 1. °

The agreement adopted on 24 April 1989 by the Joint Commission on Transfers provided for in the fourth transitional provision of the Statute of Autonomy of the Valencian Community, approved by Law 5/1982, is hereby approved. 1 July (Official Gazette of the State of 10 July 1982), by which the functions and means of the State Administration relating to the qualification and administrative registration of the Companies are transferred to the Valencian Community labor.

Art. 2. º

Consequently, the functions and means to which the agreement is included as an annex to this Royal Decree are transferred to the Valencian Community.

The transfers to which this Royal Decree refers will be effective from the day indicated in the agreement of the aforementioned Joint Commission, 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 that they had at the time of the adoption of the agreement that is transcribed as an annex of the present Royal Decree.

Art. 3. º

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 for 1989, which is intended to finance services transferred to the Autonomous Communities once they are referred to the Department by the Budget Office of the Ministry of Labour and Social security, credit retention certificates, to comply with the provisions of the The current Law 37/1988 of 28 December ("Official State Gazette" of 29) of the General Budget of the State for 1989.

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 May 12, 1989.

JOHN CARLOS R.

The Minister for Public Administrations,

JOAQUIN ALMUNIA AMANN

ANNEX

Dona Concepción Tobarra Sánchez and Doña Maria Blanca Blanquer Prats, Secretariats of the Joint Commission provided for in the transitional provision fourth of the Statute of Autonomy of the Valencian Community,

CERTIFICATE

The agreement on the transfer to the Valencian Community of the functions and means of the State Administration relating to qualification and registration was adopted at the plenary session of the Joint Committee held on 24 April 1989. administrative of the company's company.

A) Reference to constitutional and statutory and statutory rules in which are amenable to the transfer:

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 Statute of Autonomy of the Valencian Community establishes in its article 33.1, which corresponds to the Autonomous Community the execution of the legislation of the State in labor matters, assuming the faculties, competencies and services that in this scope and level of execution currently holds the State Administration regarding labor 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 Company's Company.

Law 15/1986 of 25 April, of Companies Anonymous Labor ("Official State Gazette" 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 company, 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 above mentioned precepts, the functions of qualification and administrative registration, attributed to the Ministry of Labour and Social Security in the field of Companies, are transferred to the Valencian Community by Law 15/1986, 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 granting of the benefit of freedom of amortisation, such as provides for that law.

2. In relation to the administrative register of the Company Anonimas Laborales provided for in Article 4. of Law 15/1986, of 25 April, and regulated by Royal Decree 2229/1986 of 24 October, the Valencian Generality will transmit 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, you will also be sent a simple copy of any of the files relating to the registered company.

3. The public limited liability companies registered prior to the entry into force of the agreement of transfers that pass to the corresponding Register of the Valencian Generality, will maintain the same number initially assigned in the Directorate General Co-operatives and Labour Societies of the Ministry of Labour and Social Security.

4. The Valencian Government will provide the State Administration with statistical information on the exercise of the transferred functions, in such a way as to ensure its coordination and integration with the rest of the statistical information of the national scope.

For its part, the State Administration will provide the Valencian Generality with the information elaborated on the same subjects.

C) Job vacancies that are moved:

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

D) Final assessment of the financial burdens of the transferred functions:

1. The valuation of the effective cost that, in pesetas of 1986, corresponds to the expansion of means attached to the functions transferred to the Generalidad Valenciana rises to 1.324,654 pesetas.

2. The financing, in pesetas of 1989, 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 consolidation in 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 referred to in the preceding paragraph, in respect of the financing of the transferred functions, shall be the subject of regularisation, where appropriate, of the closure of the financial year, through the presentation of the corresponding accounts and supporting statements to a settlement commission, to be set up in the Ministry of Economy and Finance.

E) Documentation and files that are transferred:

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 Labor Societies, prior to the date of effectiveness of this agreement, will be resolved in accordance with the provisions of article 20.1 of Law 12/1983, of 14 of October, the Autonomous Process and Article 8. of the transfer rules approved by Royal Decree 4015/1982 of 29 December ("Official State Gazette" of 29 January).

F) Transfer effectiveness date:

The transfer of functions, which is the subject of this agreement, will be effective from 1 May 1989.

And for the record, we issued this certification in Madrid on April 25, 1989. -Secretariats, Concepción Tobarra Sánchez and Marta Blanca Blanquer Prats.

NUMBER 1 RELATIONSHIP

1. Vacant posts to be transferred to the Valencian Community

Locality and service

Job position

Body or Scale

Year

Annual Total

Complementary

-

1.377,656

441.204

1.818,860

NUMBER 2 RELATIONSHIP

2. Assessment of the services that are transferred to the Valencian Community

Pesetas

allocations:

19.10.724A.120.01

1.377,656

19.10.724A.121.00

441.204

Total chapter 1

1.818,860

allocations:

03.311. A. 221.09

181,886

Total Chapter II

181,886

Total Chapters I and II

2.000.746

Revenue

0

Cost

2.000.746