Law fifty-two/a thousand nine hundred and seventy-four, of 19 December, required in its final disposition first, number one, that " The Government, on a proposal of the Minister of Labour, to which the report of the Union Organization shall, within one year of the publication of this Law, approve its Rules of Procedure ".

Not having fulfilled the forecast contained in Article fifty-eight, two, of the Law itself in order to provide adequate personal and material resources to the Ministry of Labor to assume its tasks in the order cooperative, nor could the legislator's desire to regulate that legal norm be filled, within twelve months of its publication; that is, before February of a thousand nine hundred and seventy-six.

In the new democratic context it is evident that cooperativism was going to be affected, as the former Trade Union Organization decays the scale of cooperation in that structure.

Proof of the above is the appearance of the Royal Decree-Law thirty-one/thousand nine hundred and seventy-seven, of two of June, whose additional provision second d) arranged, in its first paragraph, that the Government was empowered to the " review of the competences attributed to the Trade Union Organization in the cooperative order, which will be transferred to the Ministry of Labor, and, if necessary, to the National Federation of Cooperatives adapting the organization and structure of the cooperative movement to the principles of autonomy and associative freedom. "

In addition to this provision, the process of providing the means to the Ministry of Labour had begun, with the creation by Royal Decree of a thousand three hundred five/thousand nine hundred and seventy-seven, of ten June, the Directorate General of Cooperatives and Community Enterprises.

Such is the new regulatory environment and the new legal-political perspective of this Regulation, which within the limits laid down by the Law it develops, can be described with the following general characters:

First. It is a relatively extensive regulation, not only because of the law's parquity in quite a few points, but also because of its deliberate referral in many others to the regulatory standard. There are also other reasons for a cooperative tradition such as the need for a cumulative didactic character of many rules and the desirability of minimising referrals to other legal texts, together with the inexcusable imperatives of the law. present time, such as the urgency of refinding and deepening the demands of a cooperativism at the same time authentic and effective; the desirability of distinguishing and highlighting the basic principles of cooperation, universally accepted, and practical possibilities of the cooperative formula as real implementation of a democracy This is an economic and social one, and the double aspiration to make the anti-operative discrimination jump and to eradicate from the cooperative universe those merely speculative or hastily committed attempts to circumvent or not know the demands of the genuine cooperation.

Second. It is a regulation that seeks to collect the normative experience of the best laws, but also the practice lived in almost eight years of a cooperativism in a special situation and in which together with certain ineffective habits, when not clearly Inhibitors of all cooperative participation, have emerged exemplary achievements, as vigorously as they are demanding in the experience of authentic cooperative comutarianism.

Such are the global features of this Regulation, the title of which first provides, within its first chapter, the following novelties:

a) Emphasize the characters and autonomy of the Cooperative as well as the possible modalities of taking responsibility of the partners.

b) Avoid errors and semantic usurpations, as well as confusion arising from the same denomination for Cooperatives even of the same class, taking into account the deconcentration of the registry that is implanted as Imperative, technical, and technical requirements of the present time.

(c) Condense in a single precept the special rules that from a thousand nine hundred and thirty one have been recognized in favor of the worker cooperatives of production-today of associated work-, as well as the formal and of the the background resulting from the project of the terminology and regulations of Law fifty-two/thousand nine hundred and seventy-four, on the cooperative forms recognized in previous provisions.

In the chapter dedicated to developing the basic legal regime of the cooperating partner, the following aspects are highlighted:

(a) A focus on the family or family unit, a core of imputation that not only responds to a modern legal technique, but also to specific cooperative approaches linked to the role of not few vigorous forms of cooperation (consumption, housing, field, teaching, etc.).

b) A proper regulation of the exclusionary titles of the status of a partner, developing the legal principles with an amplitude that is not exempt from realism and cooperative rigor, when dealing with the subject of legal persons as partners.

c) A basic configuration, for the first time in our law, of the condition of the work partner, pointed out in article forty-eight, three, of the Law, and that constitutes a vehicle of real integration of the population worker of the Cooperatives in these institutions.

d) An explicit enumeration of the partner's legal powers and, in particular, a development of the right of information as broad as it allows the experience of our societarium right and as ambitious as the essence demands. personalist and democratic cooperation.

The chapter that completes the legal forecasts on the economic-financial side of the specific cooperative singularly, the regime of reduction of the social capital in guarantee of third parties and the issue of obligations, but above all it contains both a precise regulation of the compulsory social funds and a determination of the expenditure of the year to be deducted in order to obtain the net surplus as the rule on imputation of losses, both of which constitute a Rigorous novelty in our substantive cooperative law.

In the essential chapter on social bodies the following must be highlighted:

(a) A strengthening of the sovereignty of the Assembly of Members, without prejudice to the functions of the Rector Council, which attracts representative and managerial powers, or of possible delegations in other organic bodies of participation, typical of a modern cooperativism. In addition, it refers to the Statutes or states in the Rules of Procedure the plasmation of a practical requirement of genuine cooperative democracy: to avoid the artificial and harmful accumulation of rectors with direct management functions.

b) A forecast of the right of formulation of proposals and the operational possibilities of the General Assembly on election occasions, as well as adequate regulation of the forms of approval of the minutes.

c) An operational and flexible regulation of the Preparatory Boards, entrusting to the statutes the definition of the imperative character or not of the mandate conferred on the representatives in each Board, which is not configured as mere instance election.

d) A complete normalization of the process of reviewing social agreements, with the inclusion of the topic of the conflicting partners.

In the chapter dedicated to the foundation of the Cooperative, it highlights both the deconcentration of the qualification and the recording of the Cooperatives as a systematic enumeration of the contents of the Statutes, as well as a adequate regulation of the processes of merger and de-doubling of the Cooperatives, and of the liquidating phase of the Cooperative, which are barely regulated in the current Regulation. Finally, we must highlight the rules on the award of social haber, a true cornerstone of genuine cooperation, far removed from speculative, or even merely lucrative, formulas for their social and community sense reflected in the almost total non-particibility of the required and absolute funds of the resulting liquid at the end of the liquidation.

In the chapter on régime registration, the Cooperative Registry is unconcentrately articulated, the central service of which hosts both the strictly qualifying and the registration functions, as well as those of coordination, proposal and appeal, aimed at strengthening and improving the efficiency, agility and simplicity of the traditional Register of Cooperatives of the Ministry of Labor, provided for in Law fifty-two/thousand nine hundred and seventy-four.

The chapter devoted to the employment regime develops the legal forecasts on the participation of the employee of the Cooperative in the results, according to the class or group of the latter, and completes the legal regime applicable to the job partners.

Chapter X complies with the legal mandate to classify the Cooperatives in the light of their social object, whose scope is unequivocally configured in the first article of the Law. In the typology that is established, we take into account not only the exploitable tradition of the last forty years of cooperative life, but also the achievements of the legislation of a thousand nine hundred and thirty-one, as soon as possible, and of course formulations on the real and desirable scope of the cooperative solution, expressed both by the International Cooperative Alliance and by the International Labour Organization. This means that there are gaps, that there are discrimination incompatible with a genuine economic-social democracy and new perspectives are opened up to the citizens ' self-effort and mutual support. At the end of the day, the cooperative system covers a function not only of democratization and deep and open transparency of almost all economic sectors, but also a formative and educational work of the people in the responsibilities and the value of active and creative solidarity.

The last two chapters of this title are first concerned with opening up a possible intra-group breakdown of the Cooperatives by reason of the multipurpose of the social object of many of them and between the economic sectors in which they are projected in second and subsequent degrees, so scarce of norms and realities so far, but called to cover, without doubt a central role in the strengthening and development of the cooperation. The concerts and associations of cooperatives are also developed, pointing out the regime that should be applied to the surpluses obtained from the association with, or participation in, commercial entities, given the distinct and peculiar nature of the cooperative society as opposed to the economic forms of the traders themselves.

The second title, after reiterating and clarifying the social value of the cooperation, deals with regulating the Public Administration's performance in the cooperative movement.

In this area a significant intervention is granted to the Spanish Confederation of Cooperatives and the Territorial Federations, the cooperative inspection functions are carefully defined and the possible In addition to the tradition of the best patriotic laws on cooperation, it is both in defence of genuine cooperative specificity and in the guarantee of the legal classification of infringements. Finally, the basic tasks of the National Cooperative Coordination Commission and the presence of the Federative Entities of Cooperativism in this consultative body, coordinator and public sector adviser in the field are highlighted. cooperative.

In short, the regulation has gone as far as the legal mandate allowed and the demands of the present time demanded. It will now be up to the new, freer and better informed Spanish society to take on initiatives and responsibilities in the flourishing and renewal of cooperative formulas in which the economic, social and educational are at the service of the cooperator and all cooperators, current or potential, and, therefore, of the entire community.

In its virtue, on the proposal of the Minister of Labour, with report and hearing of the Spanish Confederation of Cooperatives, in accordance, in substance, with the opinion of the Council of State in plenary and after deliberation of the Council Ministers at the meeting of the 8th of July of a thousand nine hundred and seventy-eight,

DISPONGO:

Article first.

The text of the Regulations of Cooperative Societies governed by Law fifty-two/thousand nine hundred and seventy-four, of nineteen December, General of Cooperatives, which are listed below, is approved.

Article 2.

This Regulation shall enter into force on the forty days of its full publication in the Official Gazette of the State, without prejudice to its transitional provisions.

Given in Madrid to sixteen of November of a thousand nine hundred and seventy-eight.

JOHN CARLOS

The Minister of Labor,

RAFAEL CALVO ORTEGA

REGULATION OF COOPERATIVE SOCIETIES

TITLE FIRST

From the Companies and Cooperative Companies regime

CHAPTER FIRST

Legal provisions

Article 1. Concept.

It is Cooperative that Society which, subject to the principles and provisions of the General Law of Cooperatives and its standards of development, carries out, under a joint undertaking, any economic activity-social legal for mutual and equitable support among its members and in the service of these and the community.

Article 2. Characters.

The general principles that define the cooperative nature of a Society and inform its constitution and functioning are what are set out below, and in the terms that are developed in the General Law of Cooperatives and in its complementary rules:

a) Free membership and the voluntary absence of partners.

b) The variability in the number of partners and the share capital, from the minimum required.

c) All partners shall have equal rights to ensure democratic organisation, management and control in the terms set out in that Act.

d) The limitation of the interest that the partners may receive for their contributions to the social capital.

e) The participation of each partner in net surpluses, which can be shared in cooperative return.

f) Social and cooperative education and promotion.

g) Collaboration with other Cooperative Entities for the best service of their common interests.

Article 3. Legal personality.

The Cooperative, once constituted, will have full legal personality, and in this sense it will be able to acquire, to own, to tax and to dispose of goods and rights, to contract obligations and to exercise all kinds of actions, enjoying the benefits of any order legally applicable to it (Article 3 of the General Law of Cooperatives).

Article 4. Autonomy.

One. Cooperatives shall develop, approve and apply their Statutes, with full autonomy, without further conditioning or limitations than those laid down in the General Law of Cooperatives (Article 2. of that Law).

Two. The management of the Cooperative Entities shall correspond exclusively to these and their partners and in no case shall the Confederation, Federations or Public Administration be allowed to interfere with it. It shall not be liable for such management acts to the abovementioned bodies, nor to the employees or officials who provide services within them (Article 57 of the General Law of Cooperatives, according to Royal Decree 2508/1977, 17 of ).

Article 5. Responsibility.

One. The Statute of First-Degree Cooperatives shall establish the limited or unlimited liability of the partners for the social obligations and may indicate the solidarity or joint nature of the same; in the absence of a statutory term understand the responsibility as a simple mancumunate character.

Two. In the second or subsequent levels the responsibility of the partners will always be limited, and in the absence of statutory mention the responsibility is to be understood as simple common character.

Three. In all cases of limited liability of the partner it will be reduced to the amount of the obligatory and voluntary contributions to the social capital that will be obliged to disburse and also to the commitments that in express and concrete way has assumed.

Four. The creditors of the company must, in any case, except express covenant, make prior excuse of the social being.

Article 6. Together, groups or penalties.

The Statutes may regulate the existence and functioning of Juntas, groups or sections that develop, within the general purposes, specific economic or social activities, with autonomy of management and possibility of Separate assets affected to this object. In any case, it will be necessary for them to keep independent accounts, without prejudice to the general of the Cooperative.

When this possibility is used, it will be expressly stated in front of the third parties with whom the Cooperative has to contract.

Article 7. Name.

One. The name of the Company, which shall be proprietary, shall include the words 'Cooperative Society' or its abbreviation ' S. Coop. ", and shall express the class of responsibility of the same, which may also indicate in abbreviation. If you opt for the abbreviation ' S. Coop. ' must not be included in the name. In no case may a name identical to that of another cooperative entered in the past, to which end they must obtain the appropriate certification of the Central Service of the General Register of Cooperatives the promoters of new cooperatives, or, where appropriate, the Governing Council to which they are required to comply with this Regulation. In order to differentiate the names, a sufficient reference may be added to the name of the municipality of the registered office.

Two. Companies governed by the General Law of Cooperatives and its implementing rules, once legally constituted, are the only ones authorized to use the name of Cooperativa, whose improper use will be sanctioned, in accordance with the provided for in this Regulation.

Three. Where the name is indicative of an activity, it must be consistent with its social object and with the group or class in which the Cooperative is to be included. Incorrect names may not be adopted or may lead to confusion as to the character and function of the cooperation or to other entities.

Article 8. Registered office.

One. The Cooperative will have its registered office, within the national territory, in the place where it will preferably perform its activity with its partners and in it will be centralized the social and accounting documentation.

Two. The registered office must be entered in the Statutes, and its change within the same municipal term may be agreed by the Rector Council, in accordance with the provisions of Article 84 of this Regulation.

Article 9. Cooperative activities carried out by public interest.

The Cooperative Entities will have to carry out any kind of services that are entrusted to them by the competent authorities of the State, provided that such activities correspond to the nature of the purposes of the entity, which shall be compensated for the costs incurred, and shall be entitled to the commissions to be established with the Agency that has been involved in the management (Article 51.1 of the General Law of Cooperatives).

Article 10. Operations with third parties.

One. Cooperatives may apply for authorisation to operate with other persons or entities and the general public, in particular for a specific period and in the amount strictly provided for when, for exceptional circumstances not attributable to the Cooperative, maintaining the established limitation of operating exclusively with the partners may imply a reasonable decrease in their social activity.

The application will be submitted to the corresponding Provincial Labour Delegation for the reason of the cooperative's registered office. For the Cooperatives registered in the provincial office of the General Register of Cooperatives, it will resolve, prior to the report of the Inspection of Labor, the labor authority of the province. For the remaining Cooperatives, the Directorate-General for Cooperatives and Community Enterprises will be resolved, which will seek from the Inspection and Delegations of Work how many reports it deems appropriate according to the scope and other circumstances of the Company. applicant.

Two. The positive results obtained from operations of an extraordinary nature, approved by the authorities referred to in the preceding number, shall be made available to the Fund for Education and Social Works, unless the overall result of the financial year If this is positive, the amount to be entered in the Education and Social Works Fund, for this purpose, will not exceed those overall positive results.

Article 11. Consideration of wholesalers.

Cooperative Entities shall have the status of wholesalers and may itemize as retailers in the distribution or sale, irrespective of the rating corresponding to them for tax purposes; Services provided by the Cooperatives to their partners, whether produced by them or acquired from third parties for the fulfilment of their social purposes, will not have the consideration of sales.

The Consumer Cooperatives, in addition to the condition of wholesalers provided for in the previous paragraph, will therefore apply the corresponding prices or rates, will also have, for all intents and purposes, the condition of direct consumers to supply or supply third parties with the products or services necessary for their activities with the partners.

Article 12. Internal primary transformation operations.

To be considered, for all purposes, internal cooperative activities and shall have the character of primary transformation operations performed by the Corporate Entities of the Field and the other Cooperatives functionally similar to products or materials, even provided by third parties, provided that they are intended exclusively for agricultural holdings and other partners.

Article 13. Special rules.

One. The Cooperative Entities will continue to enjoy the tax exemptions and benefits of any kind that they have recognized or that in the future are granted to them; therefore, the Cooperative and the second-degree Working Cooperatives They shall continue to be of priority in the event of a tie in competitions and auctions for contracts for works or services of the State and other public authorities, and the bonds to be established shall be reduced to 25% of the corresponds in each case, then being completed with deductions in subsequent payments that the Entity the concessionaire must be charged for the work performed or the service or supply provided, until the total amount of the security has been completed. The amounts withheld shall be returned together with the security lodged. In addition, the Housing Cooperatives will continue to be entitled to the acquisition of public management land, by the direct award system, for the fulfillment of their specific purposes.

All this, without prejudice to the benefits that may correspond to them as well as to the common law societies.

The references of the tax rules to the Social Works Fund shall be construed as being made to the mandatory social funds provided for in the General Law of Cooperatives.

Two. Cooperatives which concentrate their undertakings on their own merger or by absorption, or on the formation of others of a second or later degree, as well as by means of temporary unions, shall enjoy all the benefits granted for similar acts in the legislation on grouping and concentration of enterprises.

Three. For the purposes set out in the preceding two numbers, references to any of the above rules to the Production Workers 'Industrial or Workers' Production Cooperatives shall be construed as references to those rules referred to in this Regulation. Associate work, with all the characters and requirements that the General Law of Cooperatives points out; those made to the associates will be equivalent to members, and those that contemplate the limits of the interest paid to the members will be replaced by the (a) the provisions of this Law.

Four. Loans, grants and other financial assistance granted by the National Fund for the Protection of Work or other public funds analogous to its beneficiaries for the setting up or development of Cooperatives shall, for tax purposes, have the following: the same treatment as the loans granted by the official credit institutions (final provision sixth of the General Law of Cooperatives).

Article 14. Freedom of choice of the Notary.

The Cooperative Entities shall freely designate the Authorizing Notary in all acts and contracts in which they are a party and even if the deed is not imposed by the cooperative legislation. Only acts and contracts involving persons or non-cooperative bodies which are subject to a distribution duty shall be exempted.

CHAPTER II

Partners

Article 15. People who can be partners.

One. Natural persons, as well as legal entities, can be partners in first-degree cooperatives. Natural persons may only be members of the Housing Cooperatives.

In the second or subsequent degree only Cooperatives can be partners.

Two. In a Credit Union they can only be partners:

a) The Cooperative Entities.

b) The members of the Cooperative Entities members of the Credit Entities, when they are admitted by the latter as such partners.

In a Rural Box, they can also be:

(a) Agricultural Societies of Purely Agricultural Processing and exclusively integrated by agricultural producers, provided that they comply with the formalities required by the eighth final provision of the General Law of Cooperatives to these effects.

(b) Members of the Agricultural Societies of Transformation Partners of the Rural Fund, when in turn they are admitted as such partners by the latter.

Three. They may constitute Cooperatives or be part of them the public authorities personified when the object of the Company is to provide services or activities of the same kind as those entrusted to them or to them related, and provided that such benefits do not require the exercise of public authority (Article 6 (3) of the General Cooperative Law).

In the Cooperatives addressed to the satisfaction of the needs of the family group, the Statutes may provide that in addition to the one who has subscribed the formal request of entry can be considered indistinctly as a partner to any of the members of the older family, provided that the express authorisation of the registered partner and the family life with the same person are recorded. The foregoing shall also apply to the coverage of social charges, provided that the services requested from or provided to the Cooperative are exercised without distinction by any such member of the family group; may apply that possibility, subject to the same conditions and limits, to the transmission of social parts referred to in Article 34 (1) (a) of this Regulation, without prejudice to the possible concurrency and exceeding the probationary period in its case.

Article 16. Minimum number of partners.

One. First-degree cooperatives will have at least seven partners.

Two. Second-degree or later cooperatives shall be integrated, at least, by three Cooperatives.

Three. Credit Unions shall be integrated, at least, by three Cooperative Entities, without prejudice to the ability to adhere to the Agricultural Processing Societies from this minimum in the Rural Boxes.

Article 17. Exclude titles from the partner condition.

One. No one may be a member of a cooperative in the form of an employer, a capitalist, a contractor or a similar partner in respect of such a cooperative or its partners as such, without prejudice to the legal system applicable to the entities referred to in the Fifth final provision of the General Law of Cooperatives (Article 6, 4, of the General Law of Cooperatives).

Two. In accordance with the provisions of the preceding number, in conjunction with Article 49 and concordant of the Law, which are developed in Chapter X of this Regulation, they are exclusive titles or circumstances of the status of a partner, without prejudice to the limitations identified in the sixth article of the Law, the following:

(a) In the Associated Work, Consumer and School Cooperatives, the commercial nature of the entrepreneur, individual or social, that will be entered as a partner.

(b) In all types of Cooperative, the impossibility of fulfilling the objective conditions laid down by the law for admission as a partner; among those requirements, in the case of legal persons, the expression must be the common interest with the partners according to the group or class of Cooperatives and the commitment to participate in the best achievement of the cooperative social object through the provision of how many services and activities the legal person can provide, as well as that of not assuming the position of lucrative intermediary of goods or services obtained by their incorporation into the Cooperative.

Article 18. Capacity.

One. The ability of natural persons to constitute and be part of a Cooperative shall be governed by civil law, without any more than the following:

(a) The greater than eighteen years of obtaining the consent of the parent, mother or guardian, as appropriate, to enter a Limited Liability Associate Cooperative shall be automatically empowered to perform and fully assume all acts and obligations of the social worker's condition.

b) The married woman, over eighteen years of age, will have full capacity to be a partner and act as such, without a marital license, in any Cooperative, committing only her endow and paraphernalia. In order to engender and compel the goods of the ganancial society for consideration, the woman will have the same powers and limitations as for the husband to establish the civil laws.

Two. The capacity of legal persons shall be governed by the legally applicable rules in each case.

Article 19. Admission.

One. The Statutes shall establish, in terms of the same application, the objective requirements for the admission of members, and may provide for a period of proof appropriate to the nature and circumstances of the partner and the object of the Cooperative.

Two. The decisions on the admission of members shall correspond to the Governing Council, which may only limit it for just cause arising from the Statutes, due precisely to the class or extent of the activities of the Cooperative or to the own purpose of is. In no case may they be taken as such political, religious, trade union, race, sex or marital status.

Three. Admission shall be made in writing to the Rector Board, which shall decide within the maximum period of two months and shall also communicate in writing to the petitioner the acceptance or refusal agreement. The latter will be motivated.

The admission agreement shall also be published, immediately after adoption, on the notice board of the registered office, unless the Statute establishes another form of advertising.

Four. The refusal of approval may be challenged by the applicant before the General Assembly within 15 calendar days of the date of notification validly made.

The admission agreement may be challenged before that social body within the same period of the 15 calendar days following the publication of the agreement, at the request of at least 10 per 100 of the partners.

The resources referred to in the preceding two paragraphs shall be resolved in the first general assembly to be held, either ordinary or extraordinary.

Five. The rights and obligations of the partner admitted by the Rector Council begin to take effect at 15 days from the date following the publication of the admission agreement. If such an agreement is contested, the General Assembly on admission shall be suspended until such time as the General Assembly is resolved.

Article 20. Admission of salaried workers as work partners.

One. In non-work-related Cooperatives, the Statutes may provide for the recognition of their workers in the quality of work partners.

Two. The application for admission as a partner by the worker and subsequent processing shall be in accordance with the rules laid down in Article 19 of this Regulation.

Three. The statutory rules shall govern in particular, according to the characteristics of the Cooperative, the equivalence modules which ensure equal conditions for users in political and economic rights and obligations.

Article 21. Obligations of the partners.

Partners will be required to:

a) Attend the General Assemblies and abide by the agreements validly adopted by the governing bodies.

b) Participate in the cooperative activities and services in the terms provided for in the Statutes and developed in the agreements validly adopted by the governing bodies.

c) To keep secret, within the limits set by the legal system, on the data of the cooperative that come to their knowledge, both during their stay in the cooperative and after causing low. In the latter case, it may be used for its own benefit only as soon as it is justified by its usual profession. All without prejudice to the provisions of the Statute of Industrial Property on the concept and right of the inventor.

d) Not to engage in competitive activities for the purposes of the Cooperative, nor to collaborate with anyone who performs them, unless in the latter case it is expressly authorized by the Rector Council, which will account for the first Assembly to be held for ratification, if appropriate.

e) Accept the charges and duties assigned to them, except for a fair cause of excuse.

f) Not to prevail on the status of partner to develop speculative activities or contrary to the Laws.

g) To behave with due consideration in its relations with the other partners and with whom at each moment they have within the Cooperative the charge and representation charges.

h) Not to publicly manifest in terms that imply deliberate social disrepute of your Cooperative or of cooperativism in general.

i) Fulfill other duties resulting from statutory and statutory precepts.

Article 22. Rights of the partners.

One. Partners will be entitled to:

a) Choose and be elected to the offices of the Society's organs.

b) Participate in a voice and vote in the adoption of all the agreements of the General Assembly and, where appropriate, of the Preparatory Boards.

(c) Approve, where appropriate, in Assembly the balance sheet and the financial year accounts.

d) Define in Assembly the policy, objectives, means and scope of the cooperative activity within the framework of the statutory rules.

e) Participate in the activities and services of the Cooperatives and with a preferential character in the actions undertaken by the Education and Social Works Fund.

f) Require information about any aspect of the Cooperative's march.

g) Contribute to the creation of links with other cooperative, social or economic organizations, while respecting the cooperative principles.

h) Require the updating of their contribution and, where appropriate, the payment of the limited interest of the same, in the agreed terms.

i) Make effective the settlement of your contribution in the event of a discharge or dissolution of the Entity.

j) Others resulting from the legal rules and the Statutes of the Entity.

Two. The above rights shall be exercised in accordance with the statutory and statutory rules and agreements of the General Assembly.

Article 23. Right of information.

One. Cooperative societies must provide all their members with information that is agile, frequent and non-discriminatory in favour of a partner or group of partners.

Two. The following shall be the means to exercise and ensure the effective right of information of the cooperators:

(a) The Statutes, of which the duly approved full text must have a copy of any associate or associate, from the moment of its admission. The exercise of this obligation of delivery is incumbent upon the Governing Council, and extends to the Cooperative Rules of Procedure, if any, as well as to the amendments of this Regulatory Body and the statutory covenants.

(b) Certified copies of the General Assemblies or Preparatory Boards agreements, which shall be provided at the request of the partners with the extension that is at a fair and cooperative interest.

c) The mechanisms foreseen in the following number, aimed at providing the cooperators with a full, truthful and clear news of the economic, financial and patrimonial situation of the Entity.

d) Any other than the Statutes or the General Assembly may validly establish.

Three. The right of the partners to request from the Governing Council the clarifications and reports they deem necessary on the state of the administration and the accounts and patrimony of the Cooperative may be exercised, under the protection of Article 10, 2, of the Law, as follows:

(a) Directly in the General Assembly to be deliberated on the accounts of the financial year or any economic proposal, by any partner, who may, at the same time, obtain the explanations and clarifications referred to above. to which they are reasonable, to the end of which the documents reflecting the accounts must be shown at the registered office of the cooperative so that they can be examined by the partners during the period of the call. The partners may also, during this period, ask the Council for explanations or clarifications on specific points of these accounts, in writing, to be answered in the act of the Assembly.

(b) In writing, at any time, on a reasoned request, presented, at least, by 10 per 100 of the social members or by 150 cooperators when the entity has more than 1,000, before it or the Controller of Accounts, which they shall collect the information required and, where appropriate, the examination of the accounting records. Where this information requires an extraordinary investigation in accordance with the Statute, the applicants shall reach the minimum percentage referred to in Article 37 (3) of the Law.

Four. The information on any other aspect of the cooperative's march shall be exercised by the partner in the General Assembly, before the Governing Council or before the special committees which, by sector or for specific purposes, may establish the Company, and so as not to hinder social progress.

Five. It is the duty of the Presidency, the Governing Council, the Financial Controller and the Committees to provide the partners with the information referred to in the preceding paragraphs. In view of the unjustified non-compliance, in whole or in part, of the obligation to report, any of the partners who have requested this information may be able to claim before the ordinary jurisdiction under the procedure of Article 27 of the Law.

Without prejudice to the specific nature of the Cooperatives, the procedure of voluntary jurisdiction provided for in Article 2.166 of the Law on Civil Procedure may also be used.

Six. The Statute or the General Assembly may provide for a system of guarantees to avoid the arbitrary refusal of the bodies required to inform the members of a reckless, obstructionist or antisocial character as a requirement or form of order; appreciated in relation to the effective participation of each cooperator in their cooperative community, with the set of rights and duties that define the position of the partner, with the functional competences of each social organ and with the sense and scope of cooperativism.

The Statutes or the General Assembly may exonerate the obligation to report when its compliance places the legitimate interests of the Cooperative in grave danger.

Article 24. Suspension of the rights of the partner.

One. The Statute may provide for the suspension of the exercise of the rights of the partner which is uncovered in its economic obligations, or which participates in the cooperative activities and services in the terms provided for in Article 4 (b). 21 of this Regulation, until it normalizes its situation.

Two. The suspension agreement corresponds to the Governing Council, and may be used before the General Assembly in the terms foreseen for the expulsion cases, without prejudice to the immediate enforceability of that agreement.

Three. If the Statute has not been provided for, the rights of the partner may not be suspended or limited.

Article 25. Low partner.

One. Any partner may voluntarily leave the Cooperative at all times, by written notice to the Governing Council. The Statutes shall necessarily set the notice period, which shall not be less than two months and not more than one year.

Two. The Statutes may require the members to remain for a given time, which shall not exceed 10 years.

Three. The Statutes and, where appropriate, the complementary singular covenants may provide for economic responsibilities for the partner who does not comply with the above rules, without prejudice to the failure to comply with these rules to the Cooperative for consider that it remains subject to all economic obligations arising from the status of a partner, unless it is justified on grounds of grounds.

Article 26. Low justified.

One. The discharge shall be deemed justified where it is a consequence of the loss by the partner of the objective requirements laid down by the statutory requirement to be part of the Cooperative which are imposed by the class, the extent of the activities or the purposes of the Entity, unless such loss responds to a deliberate intent to seek the partner's exclusion to avoid liability or to benefit unduly.

Two. The discharge of the partner shall also be deemed to be justified with any social agreement involving the taking of seriously onerous obligations or burdens; not provided for in the Statute. It shall be a condition that the President of the Governing Council shall make the statement in writing within 30 days of the date on which the General Assembly which adopted the agreement had been held, if he had attended and saved the agreement. expressly their vote, or, if they did not attend, within the same period of time, from the day following that in which the agreement was notified to it.

Three. The issues raised between the Rector Board and the partner on the qualification and effects of voluntary leave are subject to the same terms as provided for in Article 27 of this Regulation for the expulsion of partners.

Article 27. Expulsion.

One. The expulsion of the members may only be agreed by the Governing Council for a serious misconduct, as a result of a file having been instructed to the effect and with an audience of the person concerned. The expulsion agreement shall be subject to the maximum period of two months from which the file was ordered to be opened. After this period has not been agreed, the file shall be automatically understood.

Two. Against the expulsion agreement, the person concerned may appeal to the General Assembly within the period of 40 days from which he was notified. Until such time as the person concerned has resolved or has passed the time limit, such an agreement shall not be enforceable, nor may the partner be suspended for the same cause.

However, in the Associated Work Cooperatives, it will be possible to suspend the socio-worker in his employment, retaining all his economic rights as if he continues to lend his work. However, if the Assembly ratifies the expulsion, the suspension of employment shall also be deemed to entail that of the economic rights since the expulsion agreement was notified to it until it lodged the appeal, as well as for a period of time. equivalent to the statutory minimum period laid down in the general assembly's convocation and conclusion: if, for these periods, he has received any amount, he may be brought into the final settlement.

Three. The appeal must be made inexcusably at the decision of the first General Assembly which is held, whether ordinary or extraordinary, even expressly called for, and shall be included on the first item on the agenda. The Assembly shall decide by secret ballot.

Four. The agreement of the General Assembly, which shall be immediately enforceable, may be challenged by the partners who are considered to be injured, within the time limit and by the procedural course and with the effects set out in Article 54 of this Regulation.

Article 28. Rules of social discipline.

One. The Statutes will determine the rules of social discipline, types of faults, sanctioning procedures, remedies and sanctions. These may be economic and social rights suspension.

Two. Serious faults that may cause expulsion include the following:

(a) Activities that are of such a nature that could harm the material interests or the social prestige of the Cooperative, such as competition, fraud in contributions or benefits, manifest disconsideration of the rectors and representatives of the Entity and other similar ones.

b) The insufficient participation in the cooperative's actions, appreciated according to the statutory models set out in this respect.

c) The repeated non-compliance with the economic obligations of the Cooperative.

d) Prevalse of the status of partner to develop speculative activities or contrary to the Laws (Article 11, three, General Law of Cooperatives).

Article 29. Economic consequences of the decline.

One. In all cases of loss of the status of a partner, the latter or his successors are entitled to require reimbursement of the social part, the value of which shall be estimated on the basis of the balance sheet approved by the General Assembly following the date of the final discharge, including the distribution of the deliverable reserves.

Two. The Statutes shall lay down the conditions for refunds and the percentages of deduction to be paid, in accordance with the following provisions:

(a) In case of low removal, deductions of up to 30 per 100 may be established.

(b) In the case of an unjustifiable voluntary absence, it may be up to 20 per 100.

c) In cases of justified or death leave, no deduction may be made.

In no case can deductions be made on the voluntary contributions of the partners.

Three. In the Housing Cooperatives the deductions shall also apply to the amounts referred to in Article 38 of this Regulation.

Four. The repayment period may not exceed five years from the date of the discharge, with the right to receive an interest which shall in no case be less than the basic interest rate of the Bank of Spain increased by two points. The interest that the Cooperative will satisfy its active partners will act as a maximum ceiling if it is higher than the above [Article 11, four b), General Cooperative Law].

Article 30. Partner's responsibility after its discharge.

The low-cause partner will continue to be responsible for five years in front of the Cooperative for the obligations assumed by it prior to the date of the loss of its status as a partner (Article 11, 5, General Law). of Cooperatives).

CHAPTER III

From the Economic Regime of the Cooperative

Article 31. The social capital. General provisions.

One. The share capital shall be made up of contributions made in such a way by the partners and, where appropriate, by the partners, whether compulsory or voluntary.

Two. It will be credited in nominative titles, numbered correlatively. Each title shall necessarily express:

(a) The name of the Cooperative, date of incorporation and registration number in the corresponding Register of the Ministry of Labour.

b) The name of the holder.

c) Whether it is mandatory or voluntary contributions, and the date of the issuance agreement.

(d) The nominal value, the amount disbursed and, where applicable, the date and value of the successive disbursements.

The titles will be authorized with the signatures of the President and Secretary of the Entity.

Three. The Statute shall set the minimum social capital. Each partner shall have at least one title, the minimum nominal value of which shall also set the Statutes.

The total amount of contributions from each partner to the social capital in the first-degree Cooperatives may not exceed one-third of the same. This limit may be raised in the second and subsequent levels up to 45 per 100.

The Statute may provide that the low-end partner cannot withdraw his contributions until the social capital does not reach the same level as he had before the discharge, provided that the retention period does not exceed five years

Four. Contributions may be made in money, movable and immovable property and in appropriations. Except those made in money, the other forms of contribution, if not provided for in the Statutes, will require the express agreement of the General Assembly on its admission, the partner being obliged to provide and to provide the goods and in response to the solvency and legitimacy of the appropriations in the terms prevented by civil law. It shall be for the Governing Council to ensure, under its responsibility, the exact valuation of the contributions in kind, on the end of which it shall be given a decision within the maximum period of three months after the contribution was made.

As to the possibility of judicial review of the valuation of the contributions, the provisions of article 32 of the Law of 17 July 1931, with the understanding of the references to shareholders and directors, will be made to cooperating partners, Rector Council and social partners respectively. Until the assessments have been reviewed or the time limit referred to in the above mentioned article has elapsed, the social parts corresponding to the "in natura" contributions are inalienable.

Five. If the Cooperative announces to the public in any form its social capital figure, always referred to as a specific date, it shall record the subscribed and the effectively paid-up.

Six. If it is agreed to pay an interest in the contributions of the shareholders to the share capital, it shall not exceed the basic interest rate of the Bank of Spain increased by three points, without prejudice to the revaluation corresponding to those contributions, as set out in Article 45 of this Regulation.

Seven. The personal creditors of the members and, where appropriate, of the associates shall not have any right on the assets of the Cooperative or on the contributions of those other social capital, even if they may proceed against the interests, if they become, and against returns or reintegrating of such contributions.

Article 32. From compulsory contributions to social capital.

One. The mandatory contributions of the partners to the social capital will be determined in the Statutes when the Cooperative is established.

Subsequently, the General Assembly, with the majority prevented in Article 52 (2) of this Regulation, will be able to agree on further compulsory contributions to the social capital, setting the amount, time and conditions of the disbursement.

Two. No cooperative may be established which does not have its subscribed capital fully and paid up; at least 25 per 100. The remainder shall be disbursed at one or more times, under the terms and conditions set out in the Statutes or by express agreement of the General Assembly, up to the maximum of four years.

If the dates of successive disbursements are not to be accurately determined, in each case, a period of not less than thirty days shall be granted, counted from the date of their announcement.

Three. The Statutes may provide that the amount of the contributions shall be equal for each partner and also, in the case of Cooperatives whose activities or services are subject to quantitative determination as to their use by the partners, which is proportional to that use, in accordance with clearly established modules.

Four. The Cooperative may proceed judicially against the partner who does not contribute the portion of the subscribed capital and not paid in the periods and forms provided, without prejudice to the other measures established in this Regulation in order to temporary suspension of rights or expulsion of the partner.

Five. The system of compulsory contributions to the social capital of the new members shall also be governed by the provisions of this Article. However, the Statute may provide for the form and value in which the new partners must be obliged to contribute to the social capital, subject to the following rules:

(a) The amount to be required may not exceed the amount already required of the current partners, revalued in their case.

(b) The time limits for the disbursement of the compulsory contributions shall not be lower than those previously granted.

Article 33. From voluntary contributions to social capital.

One. The General Assembly may agree to the admission of voluntary contributions to social capital. The agreement shall express the maximum overall amount and the interest rate to be paid by these contributions, without exceeding the limit laid down in Article 13, number six, of the Act.

The subscription will necessarily be made within six months, from the date of the agreement, and any partner will have the right to subscribe, of that maximum overall amount established by the General Assembly, a party proportional to the mandatory contribution it had at the time of the adoption of the agreement. Partners who do not make use of this right, in whole or in part, may give it to other partners or associates, if any. In any event, the resulting participation for each partner may not exceed the corresponding limits according to the degree of the Cooperative, in accordance with Article 13, number one, of the Law.

Voluntary contributions must be fully disbursed at the time of subscription, and will have the character of the social capital's own permanence of which they become a party.

Two. The Cooperativa associates may also be authorized by the General Assembly to participate in the subscription, in proportion to their contributions, in the same manner established in this article, and with the characters and limitations inherent to their condition of associates.

Article 34. Availability of social parts.

One. Social parts are transferable:

(a) Among the partners, by means of interliving acts, in the terms set out in the Statute, and by giving the Governing Council the account within a period of 15 days.

b) By succession "mortis causa".

Two. In case (b) of the preceding number, the persons entitled under him may acquire the status of a member if they meet the conditions necessary for this and apply for him within six months after the death of the deceased. the processing of the application and the justification of its right to the provisions of Article 19 of this Regulation. In any other case they shall be entitled to the settlement of the credit which represents the social part transmitted, without deductions, and within the maximum period of one year, also counted from the death of the deceased.

Three. If the heirs are several, the Cooperative may require that the right to the status of a partner be exercised by one, with the express consent of the others, and if there is no agreement between the heirs, the settlement shall be paid, as provided for in the preceding number, to whom they are entitled to be entitled to it.

Four. The Cooperative cannot acquire, except for free, social parts of its own capital, or accept them for a pledge.

Five. The transmission of social parts in favour of the partners shall be ineffective before the Cooperative as far as the limit referred to in Article 13 (1) of the Law is concerned.

Article 35. Reduction of social capital.

One. If, as a result of the return to the partners and, where appropriate, the partners or their successors, their social partners would have to remain the minimum social capital of the minimum social capital, or of the upper limit than for these purposes, the Statutes, a reduction agreement adopted in the general assembly, which may not take effect before the end of the three-month period, to count from the date of the last announcement of the agreement, which must be published twice in the "Official Gazette" and in a newspaper of the most circulation, both of the province where the Cooperative is domiciled. During the period, ordinary creditors may object to the execution of the reduction agreement, if their claims are not satisfied or the Company does not provide collateral. Any refund of the contribution to the capital of the undertaking before the end of the three-month period shall be void, or in spite of the opposition held in time and in the form by any creditor.

Two. The guarantees provided for in the preceding paragraph in favour of creditors shall not be compulsory where the reduction of the share capital is for the sole purpose of loss compensation.

Article 36. Voluntary contributions that are not incorporated into social capital.

The General Assembly may agree to the admission of voluntary contributions by partners who do not join the social capital, in any legal manner and with the time and conditions to be established in the agreement itself.

Article 37. Income and periodic fees.

One. The Statutes or, where appropriate, the General Assembly may establish income or periodic fees that shall in no case be integrated into the capital or be reintegrable.

Two. The membership fees of the new members may be set on the basis of the entry fees already paid by the pre-existing partners or similar criteria.

Article 38. Deliveries and payments for obtaining social services.

Deliveries of funds, products or raw materials for cooperative management and, in general, payments for the production of cooperative services do not integrate social capital, are a form of use by the partner of such services and are subject to the conditions set out or contracted with the Company; they may be transmitted and are embargable by the members ' personal creditors, leaving the preferred rights which may correspond to the Cooperative.

Article 39. Partners.

One. The Statutes of the Cooperatives may provide for the permanence in them, as associates, of those who lose their status as partners for any justified cause, as well as that of my successors in title, in the event of death, in the terms determine below.

Two. The continuation as an associate shall be expressly requested by the partner at the time of death, or by his right-holder, in the event of the death of the member, when the settlement is communicated to the deceased. If the right holders are several, they shall appoint among them, by common agreement, who must urge the entry as an associate.

The decision will be up to the Rector Board. Against the refusal of the applicant, the applicant may, within a period of 15 days after the first general meeting of the General Assembly, have recourse to the notification. The decision of the General Assembly shall be of a discretionary nature and shall not appeal to any appeal.

Three. The initial participation of the associate in the social capital may reach the amount that as a termination of the cessation corresponds to him as a partner or, where appropriate, the causative, both for the obligatory contributions and for the voluntary contributions to the capital social.

Associates may be authorized in the future by the General Assembly to make new voluntary contributions to the social capital, but without exceeding the average value of the contributions established by each associate. At every moment, it is mandatory for the cooperative's partners. In any event, the total sum of the social partners of the members may not exceed the whole of the third part of the share capital.

Four. The contributions of those associated with the share capital shall be represented in similar titles as those of the partners, but in a different series, and shall be reflected in the balance sheet and separate items.

The contributions of the partners will be subject to revaluation under the same conditions as those of the partners. The liability of those associated with the social obligations will be limited exclusively to their contributions to the social capital. The partners are not entitled to returns, but the agreed interest must be satisfied at the end of each financial year, which may not be lower than the Bank of Spain's basic interest, nor, where appropriate, superior to the satisfaction of the partners ' contributions. to the capital, increased by two points.

Five. The members may not be a member of the Governing Board or of the Directorate or be appointed liquidators or auditors. They have the right to be informed of the March of the Cooperative, in the terms provided for the partners in Article 23 of this Regulation, and will be able to participate in the General Assembly with a set of votes that, together with each other, do not represent more than 20 per 100 of the total of the members concerned, in accordance with Article 15 of the Law. The value of the vote per associate may not exceed the unit.

The associates are required to keep secret about the data they know about the Cooperative, in terms of the Statutes.

Six. Without prejudice to the discretionary nature of the agreement as follows, it shall be deemed to be an obstacle to the agreement and, where appropriate, as a cause of expulsion, the fact that it is engaged in activities which are of such a nature that they may harm the material interests or prestige of the Cooperative, such as competition operations and the manifest disconsideration of the rectors and representatives of the Entity and other such persons.

Any associate may cause voluntary decline in the terms and time limits provided for in the Statutes, which shall be accommodated in this point to the provisions of Article 25 (1) and (2) of this Regulation.

The reimbursement to the associate may be made within the same time limits as the partners, and the partner will continue to receive interest at the same rate established up to the full amount of his or her share.

Seven. The value of the contributions of the members of the social capital, to be reintegrated, shall be estimated on the basis of the balance sheet approved by the General Assembly following its final discharge, in the cases of the number six of this article.

Article 40. Aid to finance.

One. The Autonomous Bodies, the National Enterprises, the public authorities of any kind, the Foundations and the Credit Union may contribute to the financing of the Cooperatives, perceiving an interest similar to that set for the associates.

Two. Special lines of credit will be established for the promotion and development of the cooperative movement, regardless of other stimuli that may be agreed upon, in application of the function that the State assumes in relation to this movement and its Entities, Article 52 of the General Law of Cooperatives.

Article 41. Issuance of obligations.

One. Cooperatives may issue obligations, but always by prior agreement of the General Assembly. The issuance of convertible bonds in social parts is prohibited.

Two. The obligation to issue obligations shall be in accordance with the provisions of Law 211/1964 of 24 December, as soon as the rules and principles of the General Law of Cooperatives and this Regulation are applied.

Article 42. Compulsory social funds.

One. The Cooperative will be required to set up the Reserve Fund and the Education and Social Works Fund.

Two. The Reserve Fund, which is intended for the consolidation and guarantee of the Cooperative, shall be made up of at least 15% of the net surplus for each financial year. Such affectation shall cease to be compulsory where the amount of the Fund is equal to twice the share capital reached at the end of each financial year or the upper limit laid down by law. When these limits are reached, it will remain mandatory to bring back the 15 per 100, at least; but the General Assembly may agree that it continues to nurture the Reserve Fund, or that it is intended, in whole or in part not attributed to the Reserve. compulsory, to increase the amounts allocated to the Education and Social Works Fund.

Furthermore, the required reserve fund shall be increased, with the criteria and limits set out in Article 10, two, the gains from capital gains on the disposal of the assets of the fixed assets or the assets obtained from other sources other than the specific purposes of the Cooperative. This Reserve Fund shall also be affected by the deductions to be made in the case of the lower partner in the Cooperative referred to in Article 29 of this Regulation.

Three. The Fund for Education and Social Works will be dedicated to the cooperative for cultural, professional or beneficial purposes, for the local environment or the community in general, and preferably for education in the principles and techniques, both economic as well as democratic, cooperation and the consequent promotion of the partners of the Cooperative, of the employees and managers of the same and their respective families.

The Education and Social Works Fund will be nourished by:

(a) A percentage of not less than 10 per 100 of the net surpluses for each financial year.

(b) The positive results obtained from the operations of extraordinary character of the Cooperative with third parties in cases where they are authorized in accordance with Article 10 of this Regulation, except that the result If this is positive, the amount to be entered in the Fund for Education and Social Works, for this purpose, will not be higher than those overall positive results.

c) The total percentage or share of the same not attributed to the Mandatory Reserve Fund, as provided for in the preceding number.

(d) The fines and other penalties that are imposed by the Cooperativa on its members. The deductions authorized on the social sides in the case of a low partner are not included in this concept. The provisions of this subparagraph and in the preceding subparagraph (b) shall apply without prejudice to the criteria and limits laid down in Article 10, two.

e) The other amounts provided for in the legal rules or agreements of the Entity.

Four. The expenditure to be deducted in each financial year for the determination of net surpluses shall include the expenditure permitted by common legislation and, more specifically, that which is applicable in each case; interest due to the contributions from the partners and associates; interest due to debenture holders and other creditors; depreciation items that come from and, in their respective cases, the working advances satisfied to the working partners on the terms provided for in Article 112 (2) of this Regulation, and the amount of the deliveries or payments of the Member States shall ensure that, in accordance with Article 1 (2) of Regulation (EU) No 600/2014, the Commission shall, in accordance with Article 10 (2) of the Regulation, provide

the necessary measures to be taken.

Five. The compulsory social funds are affected to their own ends and cannot be distributed among the partners, except as provided for in Article 81 (5) of this Regulation. The Education and Social Works Fund is inembargable.

Article 43. Application of available surpluses.

One. The balance of the net surplus after the destination referred to in the preceding Article may be applied, in accordance with the provisions of the Statute or by agreement of the General Assembly, to the formation of voluntary reserves, which, duly individualised, may be incorporated into social capital, increased legal funds or their distribution in the form of a cooperative return.

Two. The cooperative return will be credited to the partners in proportion to the operations, services or activity performed by each partner in the Cooperative. The Statutes or the General Assembly may provide for the following modalities for the effective implementation of such a return:

a) That is immediately satisfied with the approval of the exercise balance.

b) To be incorporated into the social capital, with the corresponding increase of the share of each partner.

(c) to be constituted, in an investment fund, of savings or of a similar nature, created and regulated by the General Assembly, and which limits the availability of the money for a maximum period of five years, guaranteeing its allocation and Later, you will enjoy the interest that will not exceed the Bank of Spain's basic interest, plus three points. In the event of a member's absence, his rights in that fund shall be settled according to the said regulation.

Article 44. Loss imputation.

One. The Statute shall set out the criteria or procedures for the allocation of losses which may result from the closure of the financial year, and may be charged to reserves, in proportion to the operations, services or activities carried out for each partner in the Cooperative, or with similar criteria combining both formulas, but in no case directly the contributions of the partner to the capital.

Two. Illegal or arbitrary imputation of expenses or any economic or accounting combination that tends to circumvent the unpredictability of the Reserve Fund shall not be valid.

Three. The rules to be laid down in the Statute shall be construed as applicable, without prejudice to the proper observance of the laws of a fiscal nature which are relevant in accordance with the nature, organisation and functioning of the Cooperative.

Article 45. Balance sheet regularization.

One. The balance sheets of the Cooperatives may be regularised on the same terms and with the same benefits as are established for the Common Law Societies (Article 21 LGC).

Two. However, the Government, on a proposal from the Ministry of Finance, after a report from the Ministry of Labour, or the Spanish Confederation of Cooperatives, will take the necessary measures to proceed, when the circumstances advise, to the regularisation of the balance sheet of such Cooperatives, except as provided for in the preceding number.

Article 46. Revaluation of contributions.

Once the balance sheet has been regularized, in the form set out in the previous article, the balance of the corresponding account may be applied to the revaluation of the contributions to the share capital in proportion to their respective amounts.

CHAPTER IV

From the representation and management of the Cooperative

Article 47. Social Bodies and Management.

One. The organs of the Cooperative Society shall be as follows:

a) General Assembly.

b) Rector Board.

c) Account controllers.

Two. The management of the cooperative enterprise shall be attributed to the Governing Board.

The designation of an address, unipersonal or collegiate body shall be mandatory:

(a) In first-degree Cooperatives, where the number of partners or share capital exceeds in each class the following limits:

-Field: 1,000 partners or 80 million pesetas.

-Mar: 200 partners or 25 million pesetas.

-Craft: 150 partners or 25 million pesetas.

-Housing: 250 or more housing in promotion or 10 million pesetas.

-Associated work: 70 partners or 40 million pesetas.

-Consumption: 10,000 partners or 20 million pesetas.

-Services: 400 partners or 15 million pesetas.

-Teaching: 600 partners or 30 million pesetas.

-Associate work education: 70 partners or 40 million pesetas.

-School and youth: 2,000 partners or 10 million pesetas.

-Special: The number of partners and the amount of social capital that correspond, as indicated in this paragraph (a) for the other classes of Cooperatives, depending on the cooperative object.

The Ministry of Labor may, after reporting by the Spanish Confederation of Cooperatives, adjust the number of partners and the number of capital to the evolution of the cooperative movement and the economy of the country.

b) In Credit Unions and in second and subsequent grades.

They may also be created in the Statutes: Commissions, Committees or Councils with interpretative, conciliatory, arbitration, study of proposals, initiatives and suggestions, of research on the promotion of the partner woman, of the young cooperative, survey, intercooperation and the like. The full denomination of these participatory instances should not lead to confusion with the general and necessary bodies referred to in Articles 22 and 26 of the Law.

It may be delegated to the intermediate bodies that have just been mentioned those powers and tasks that are not assigned by the Law in a concrete way and have specified the necessary organs.

c) In national-level Cooperatives.

Article 48. The General Assembly.

One. The General Assembly, constituted by the partners and, where appropriate, by the associates, is the supreme body of expression of the social will in the matters attributed to it by the General Law of Cooperatives, this Regulation and the Statutes of the Society.

All partners and partners, including dissidents and those who have not participated in the meeting, are subject to the General Assembly agreements, without prejudice to the provisions of Article 54 of this Regulation.

Two. All matters of the Cooperative may be discussed in the General Assembly, the agreement of which shall be mandatory, in any case, for the following acts:

a) Designate the members of the Rector Board and the Accounts Interventors and agree, if appropriate, their early termination.

b) Examine the management of the Rector Board, approve accounts and balance sheets, agree on the distribution of surpluses, determine returns, and impute losses according to the criteria laid down by law.

c) Agreed to new mandatory contributions to the social capital and admission of voluntary contributions.

(d) To agree, where appropriate, to the revaluation of the contributions referred to in Article 45 of this Regulation.

e) Issue obligations.

f) Decide on the resources interposed with the occasion of the partners ' ups and downs.

g) Modify the Social Statutes.

h) Extend the duration of the Cooperative.

i) Agreed to merge, own or by absorption, with other Cooperatives or their split or split.

j) Agree to the dissolution of the Cooperative, the appointment and termination of the liquidators and approve the liquidation.

k) Require, at any time, accounts of their performance to the Accounts Controller, the members of the Rector Board and, through this body, to the Directorate.

l) Agree to the transfer, transfer or sale of all or some of the Cooperative's work, property, rights or activities that entail substantial modifications to its economic, organizational or functional structure.

m) Those in which it is required by the General Law of Cooperatives, its implementing rules or the Statutes.

Three. The Assembly may not delegate its competence to decide on the acts referred to in the preceding paragraph.

Article 49. Convening of the Assembly.

One. General Assemblies may be ordinary and extraordinary.

Two. The Governing Council shall convene the General Assembly in ordinary session once a year, within six months from the date of closure of the social year to examine the management, and approve, if appropriate, the accounts and balance sheets, as well as agree to the distribution of surplus with determination, where appropriate, of returns and possible allocation of losses.

Three. The sessions of the General Assembly other than those of the preceding number shall be extraordinary and may be convened by the Governing Council when, in the judgment of the latter, it is appropriate to the interests of the Cooperative or at the request of a number of members. which represents at least 20 per 100 of the social votes.

In the Extraordinary General Assembly all matters, including on the agenda, may be dealt with, including those attributed to the ordinary General Assembly if it has not been held in a timely manner.

Four. If the ordinary General Assembly is not convened within the legal period, it may be held at the request of any partner or associate. To the end, they, upon request to the Board of Rector denouncing the omission and if the latter does not provide for the call within 15 days, to count of the receipt of the requirement, will urge the convocation of the municipal judge or regional of the domicile social, which, with a hearing from the Rector Council, will order the call with the formalities prescribed in this Regulation and the Statutes, and will designate, at the same time, the partner to be chaired by the Assembly.

These same rules will be observed when the Governing Council has neglected the initiative of the number of partners referred to in issue 3 of this article.

Five. The convocation of the ordinary or extraordinary General Assembly shall be made in writing, in advance, at least ten days and a maximum of twenty, expressing the order of the day in sufficient detail and concreteness. The conditions and form of advertising shall be laid down in the Statute to ensure that the call can be known to all members. In the second and subsequent levels, the convocation shall be published in one of the most circulation newspapers in the province of the entity's domicile, without prejudice to the other requirements laid down in the Statutes.

Communications and announcements may provide for the first and second convocation and the deadline to mediate between one and the other. If they are silent on these extremes, and if the Assembly cannot be held in the first call it will be necessary to hold the meeting on the second call, observing the same requirements as to the deadline and the form of convocation that for the first.

Six. Notwithstanding the foregoing, the General Assembly shall be validly constituted, without prior notice, in order to deal with any matter, if all the partners and, where appropriate, the partners are met, outside the registered office, after fixing the order of the day, they agree unanimously to celebrate it.

Article 50. Functioning of the Assembly.

One. The General Assembly shall be held in the locality of the registered office of the Cooperative.

Cooperatives that extend their scope to various localities may hold a General Assembly in any of them, provided that the locality has been expressly established by the previous General Assembly. Associations of Labour Members which are engaged in activities involving the posting of members to work centres in places other than the registered office may hold assemblies in that place provided that a worker is majority of 2/3 of the partners and the costs of posting of the other partners who are justifiably not in the place of celebration are paid by the Cooperative.

Two. In order for the General Assembly, ordinary or extraordinary, to be able to take agreements, it will be necessary to provide the assistance, at least, in the first call, of the half plus one of the partners with full rights. If this number is not achieved, it shall be held on the second call and agreements may be taken, in any case, unless the number of assistants is provided, unless a specific "quorum" is required.

In the event of dissolution of the Cooperative provided for in Article 77 (c) of this Regulation, a "quorum" of two-thirds of the members of the Cooperative will be necessary in the first call. to reach the proportion of partners pointing out the Statutes.

Three. The partners may be represented in justified cases by other partners for each Assembly and in writing. It shall be the responsibility of the Presidency to decide whether the absence and authenticity of the document are justified, except for statutory provisions conferring this function on the Governing Council or a Special Committee. Even if the absence of the representation is not justified, the representative may cast his vote for the representative without prejudice to the subsequent verification of all the effects before the minutes are approved.

The representation of the partners who are legal persons shall be credited in accordance with the rules of general application; for natural persons, a private document shall be sufficient for the personal identification data of the partners. representative and represented and the Assembly for which it is granted.

No partner may hold more than two representations, in addition to his or her personal or as a representative of a legal person.

Four. Each of the partners and associates entered in the relevant book at the date of the general meeting is entitled to participate in it and cast its vote, except as provided for in Article 24 of this Regulation. Where the case for dealing with a partner's claim on the discharge is a matter of fact, the matter shall be considered first and if the discharge is not agreed, the person concerned shall recover and be able to exercise his or her social rights immediately. The Statutes may regulate the other cases in which the conflicting partner must abstain from voting, including cases of extra-associative or anti-social interest of the cooperator on the subject to be discussed in the Assembly.

Five. The General Assembly shall be chaired by the President of the Governing Council and, failing that, by the President of the Council acting in accordance with the Statute, or by the Assembly of the Assembly. Act as Secretary of the Governing Council, his or her alternate or the elected to that end by the Assembly.

When matters directly affecting the President or the Secretary of the Governing Council are included in the agenda, the General Assembly shall designate, in the absence of a statutory rule, those who are required to perform those duties.

The President will lead the discussion and will take care, under his responsibility, that no deviations occur or be submitted to the General Assembly's decision not included in the agenda. Agreements on matters which do not appear on the agenda shall be void.

Six. If the meeting is extended to successive days, it will be recorded in the minutes, but it is understood that it is the same call. The extension of the sessions may be proposed by the Governing Board by a third of the members present or represented and agreed by the Assembly.

Seven. When on the agenda is included the choice of any kind of charges, the Assembly may remain open for a number of hours that will not exceed eight for the members to deposit throughout this time their vote at the ballot box. The President or the Secretary of the Rector Council, or whoever replaces him, may be appointed to observe the development of the election. The Assembly shall not terminate until the counting and counting of votes are carried out and the elect are proclaimed, and the minutes shall, where appropriate, collect the protests and complaints that are made.

Eight. The Secretary is responsible for the detailed wording of the minutes of the session, which will include at least the number of assistants and representatives.

The minutes of the General Assembly may be approved by the Assembly itself after it has been concluded, and, failing that, it shall be approved by the Assembly within a period of 15 days, by the President and two partners, appointed by the Assembly. Assembly, who will sign it. When the session is approved, it shall be expressed and shall be authorized with the signature of the President and two of the assistants. In all cases it will be signed by the Secretary who will serve certifying functions.

From the time of approval, in either of these two forms, the minutes will be executive.

The certificates of the minutes shall be issued by the Secretary, with the approval of the President at the date of the expedition.

Nine. They may also attend the meetings of the Assembly if the Statutes establish or expressly authorize it, the Delegates of other Cooperatives with which the Entity that holds the Assembly is related, from those domiciled in the Assembly. place, and the municipality of the registered office. The President of the Assembly shall ensure that in no case the exercise of this possibility undermines or disturbs the freedom and sovereignty of the cooperators meeting in the Assembly on their own Entity, nor the defence of the principles of freedom and autonomy of cooperation. When elections are on the agenda for any charges, only the members and associates may attend the Assemblies without prejudice to the provisions of Article 136.

Article 51. The right to vote.

One. Each partner will have a simple vote, of equal value to the unit. However, the exercise of the right to vote may be established on the basis of the participation of the partner in the operations of the company or its seniority in the company.

Two. In first-degree Cooperatives, with the exception of the Housing and Consumer Cooperatives, the Statutes may establish a plural vote, in accordance with the following rules:

(a) that the suffrage be proportional to the seniority of the partner in the Cooperative, whatever the class of it, to the participation of the partner in the operations with their society, or to the importance of their community function, in the case of an Associated Work Cooperative.

b) The number of votes per partner may not exceed three, counting for this the simple vote that basically belongs to the partner.

c) The number of plural votes may not exceed half of the simple votes.

d) In matters for which a qualified majority of at least two-thirds of the votes is required, and in any case, for the modification of the Statutes and for the dissolution of the Cooperative each partner, including those who are recognized a plural voting right, will only have the simple vote.

Three. In the second and subsequent levels, the vote of each member entity may be proportional to its participation in the activities of the Cooperative of second or subsequent grade, the age of its social link or the number of its members, but none of them can have by itself more than one third of the total votes.

Four. In no case shall the plural vote be of a lifetime character, nor can it be attributed by the mere fact of being a promoter or founder of the Cooperative or of having held a position in the social organs or the Cooperative Enterprise.

Five. The partners may also not be recognized as split votes, nor shall they be assigned votes in proportion to their participation in the share capital.

Six. The Director who is not a partner shall, where required, attend the meetings of the General Assembly with a voice, but without a vote.

Seven. The Statutes may provide for the issuance of vote by correspondence where the cultural level of all the cooperators permits, and subject to the following rules:

(a) This system may be used to deal with issues or problems that are previously sufficiently informed by the members of the Cooperative, and where the possible debate would not bring about any data new essential or decisive.

b) In no case will this system become the main means of forming and expressing the social will, given the active democratic character of the cooperation and the sovereign, formative, and informative function of the General assemblies.

To scrutinize and compute the votes, the guarantees and channels that apply to the counting and counting of votes cast to elect the rectors shall be used.

Article 52. Majorities.

One. The agreements shall be adopted by a simple majority of the votes present and represented in the General Assembly, unless the Law, this Regulation or the Statute of the Company impose an enhanced majority. In the event of a tie, the vote of the President will be addressed.

Two. At least two thirds of the votes present and represented shall be required for:

(a) Agreed to the extension of capital through new mandatory contributions.

(b) Agree to the reduction of social capital except in cases where such reduction is imposed by the functional peculiarity of the capital of the Cooperative Societies by legal provision or by the Statutes.

c) Require contributions in the form of activity, products or services that are not imposed by statutory precept.

d) To demand, at any time, responsibilities for their actions to the Interventors of Accounts, to the members of the Governing Council and, through this body, to the Directorate.

e) Agree to revoke before the deadline, appointments of members of the Rector Board and the Interventors of Accounts.

f) Modify the Statutes.

g) Agreed to merge, own or by absorption with other Cooperatives, as well as their cleavage or cleavage.

h) Those other cases in which this is expressly provided for by the Statutes.

Three. In order to agree on the transfer, transfer or sale of all or some of the Cooperativa's Centres for Work, Goods, Rights or Activities which involve substantial changes in its organisational or functional structure, these matters shall be the proper separation on the agenda, and a favorable agreement of two thirds of the votes, present or represented, that cannot be assumed to be a "quorum" of less than half of the total number of members of the Cooperative.

Article 53. Preparatory meetings.

One. The Statutes may authorise the holding of preparatory boards in the following cases:

a) When the Cooperative has more than five hundred members.

b) When the partners reside in several distant locations of the registered office.

c) By reason of diversification of activities.

d) When other circumstances are present that seriously hinder the simultaneous presence of all the cooperators in the General Assembly.

Two. The Statutes will establish the criteria for the membership of the partners to these Boards and the Cooperative will keep the censuses of partners attached to each group updated.

Three. The convocation of the General Assembly shall include, where appropriate, the convocation of the Preparatory Boards and these shall be held no earlier than ten days after the convocation and at least three days before the holding of the Assembly. general. The order of the day will be common for those and this.

The Statutes shall lay down rules for the appointment of President and Secretary of the Preparatory Boards; in their absence, they shall be appointed by the Governing Council among those who are members of the respective group.

If the Rector Council has prepared memories or any other kind of reports, documents or data for consideration by the General Assembly, a copy shall also be provided to each Preparatory Board at the time of the meeting. call.

Four. The components of the Preparatory Boards shall elect their representatives to the General Assembly. The Statutes shall contain the basic rules on the nature and scope of the mandate conferred on the representatives. These will have no more votes than those for whom they have given their representation, without the limitation laid down in Article 50 (3) of this Regulation, but the need for them to be clearly differentiated. which are singular votes and which are plural votes.

Five. The minutes shall be drawn up and approved at the end of the meeting, in which the name of the members and associates represented, the representatives, the number and the class of votes delegated in one of these, the name of those who have been appointed, shall be drawn up. reserved their right, and that of those who have justified their absence. A certificate of this act shall be held by the Registrar of the Governing Council before the opening of the sessions of the General Assembly.

Six. The existence of Preparatory Boards does not condition or limit the right of information of the partner or associate.

Seven. As not provided for in this article on the convening and operation of these Preparatory Boards, the rules established for the General Assemblies will be observed as soon as they are applicable.

Article 54. Review of social agreements.

One. The social agreements contrary to the Law or the Statutes are null and void and the action of nullity may be exercised by the members or associates in the ordinary declarative judgment or by the procedural channel provided for in the following numbers.

Two. Agreements that injure one or more members of the cooperative's interests may be challenged before the ordinary jurisdiction within forty days of the date of the agreement. The persons attending the General Assembly who have made their opposition to the contested agreement, the absent members and those who have been unlawfully deprived of issuing their consent, are entitled to the exercise of the contested proceedings. vote. The conflicting partner shall have the right to express in the Assembly his opposition to the agreement for the reasons of injury mentioned in Article 27, number two, for the purposes of being able to contest the agreement.

Three. The procedure for challenging social agreements will be accommodated by the following rules:

1. All challenges relating to the same agreement shall be substantiated and decided in a single process. For such purposes, in the populations where there is more than one Court of First Instance, the claims of challenge to be filed after another shall be distributed to the Judge who is aware of the first. The Court, whether or not it is unique in the population, shall not give a course to any claim of challenge until the expiry of the period of validity stated in the number two of this article.

2. He shall be the Judge responsible for hearing the case, except for any other case, the first instance in the place where the General Assembly was held.

3. The proceedings shall be initiated on the grounds that the facts of the complaint and the legal grounds for the challenge are set out in the following cases.

4. At the request of the claimant or complainants representing at least the fifth part of the social vote, the Judge may, at the time of providing for the admission of the application, suspend the contested agreement, the representatives of the company, who may request, in turn, to ensure by means of any prejudice that the suspension may be irrogated to the company.

The resolution that the Judge of First Instance dictates may be amended by way of replacement.

Against the order of this appeal, the appeal may be filed, which shall be admissible for both purposes before the Hearing of the territory, in writing which shall be filed within a period of 15 days.

The Court will admit the appeal and will place the parties so that they will be personally in the Superior Court within an equal period.

Within the term of placement, the appellant shall appear before the Court of Appeal, and at the same time shall formalise the appeal by reasoned written notice, which shall be transferred for five days to the recurrences who have compared, so that they can challenge the resource.

The Tribunal, without further formalities and without a celebration of sight, will resolve it within ten days. No appeal will be given against the judgment given.

5. The actions of challenge must be directed against the society, which must formulate its response within nine days. Where the actor has the exclusive representation of the company, the Judge shall designate the person to represent it in this judgment, among the members who have voted in favour of the contested agreement, taking into account the possible choice between if they have done these partners.

The partners and associates who have voted in favor of the contested agreement will be able to intervene at their expense in the process to maintain the validity of the agreement.

6. If the answer is removed, the Judge shall determine without further appeal, whether or not the receipt is necessary, and shall agree to its conclusion, upon request by all the litigants or when, having requested it, the the agreement is based on the injury, to the benefit of one or more partners or associates, of the interests of the company.

If the test receipt is agreed upon, it shall be proposed within the common period of six days which the parties consider useful and necessary, the proposal being made and accepted in the twenty one, also common to the parties. Exceptionally, the latter period may be extended in order to carry out those evidence which, for legitimate reasons, which the Judge has freely appreciated, could not have been carried out within that period.

7. Where the test-car has not been received or, in another case, the period of practice of the admission has been completed, the Judge, without further formalities, shall provide the parties with a view to the fact that, within the period of 15 days, common to all of them, appear before the respective Territorial Hearing, by means of a letter in which they shall, at their own time, briefly make the legal arguments they consider appropriate and in which, where appropriate, they shall be entitled to comment on the evidence. Given this providence, the Judge will raise the cars to the Hearing.

8. Received the orders and after the end of fifteen days, counted from the date of placement, the Hearing will dictate judgment whether or not the parties have appeared before it and made use or not of their right to formulate arguments.

9. Against the judgment which the Court of Justice has in the only instance, the appeal for infringement of law or legal doctrine or for a breach of form shall only be the case.

10. With a reasonable assurance from the Court of Hearing that the judgment under appeal has been given, its provisional execution may be agreed, subject to compensation for the damages caused and to be approved if the decision is married.

11. The costs of the impeachment proceedings shall be imposed by the Ministry of Law on the litigant or litigants who are defeated, if the claim is wholly or in any case dismissed, and for the purposes of the proceedings, the provisions of the Civil Prosecution Act.

In the other cases, the Court shall determine the proportion in which the common character and those of each litigant or group of litigants are to be satisfied.

When it is evidenced that any one of them proceeded in bad faith, giving rise to reckless or wilful pretenses, or resources known to be unfounded or with a manifest purpose, the Tribunal may, independently of the compensation for damages, if any, in addition to the costs, a penalty of a pecuniary nature, to the extent of the quantitative importance of the dispute and the seriousness of the fraud.

12. The Civil Procedure Law will be fully applicable, but in no case will other incidents and resources be admitted than those expressly mentioned in the previous paragraphs of these rules, except for the replacement, which may always be interment.

Four. The statutory clauses of the undertaking must make it clear from the actions that the social agreements will proceed in accordance with the law.

Five. The judgment which considers the action, both the declarative of nullity and the constitutive of annulment, will produce effects, in front of all the partners and associates, but will not affect the rights acquired in good faith by the third parties revised agreement.

Six. In the General Register of Cooperatives, both the demand for the challenge of social agreements shall be preemptively recorded, if the Judge orders it to its prudent arbitration, as well as the final decisions of the court ordering the suspension of an agreement of the General assembly in accordance with paragraph 4 of the previous number three.

The demand-preventive annotation will be canceled when there is an dismissal for a firm statement, withdrawal of the plaintiff or expiration of the instance; for the same reasons the annotation will be cancelled preventive of the judicial decision to suspend. The Judge shall issue, at the request of an interested party, the right to cancel.

If the nullity of the contested or suspended agreement is declared in a firm judgment, the preventive annotation shall be cancelled and the Judge shall also order the cancellation of the registration of the said agreement as well as of the subsequent seats. which were contradictory to the pronouncements of the judgment. The official in charge of the corresponding General Register of Cooperatives shall cancel the same by virtue of the commandment which I expressly order.

Article 55. The Governing Council.

One. The Governing Council is the Authority of representation and government of the company as to such and manages the Company directly and exercises, where appropriate, the permanent and direct control of the management of the Company by the Management. In any event, it has the competence to establish the general guidelines for action, with subordination to the policy set by the General Assembly, and to carry out the other acts attributed to it by the Law, this Regulation and the Statute (Article 28). of the General Law of Cooperatives).

Two. It shall also assume that the representative and the management powers of the Cooperative are not expressly attributed to other Organs.

Article 56. Scope of the representation of the Rector Board.

The representation attributed to the Rector Board in the previous article will be extended, in judgment and out of it, to all matters concerning the Cooperative, without exceptions other than those expressly provided for in the General Law of Cooperatives in this Regulation or in the Statutes of the Entity.

Article 57. Composition of the Governing Board.

One. The Statutes shall lay down the composition of the Governing Board, in number not less than three or more than 12 members. At the same time as these will be chosen, where appropriate, the alternates, whose mission will be to replace those in the event of a permanent vacancy, for the time it will be statutory.

In Cooperatives that are extended to several areas or whose activity is projected on clearly differentiated objectives, phases or sections, the Statutes may provide that the composition of the Governing Council shall reflect these. projections, but without the development of this power being able to detract from the right of the General Assembly in order to elect the members of the Governing Council. The same faculty may be used in the Statutes of the Associate Work Cooperatives to consider the different professional categories of their partners, and in the other classes of Cooperatives when they have work partners to guarantee presence of these in the Rector Council in accordance with the provisions of Article 20, three, of this Regulation.

Two. Members of the Governing Council, holders and alternates shall be elected by secret ballot by the General Assembly for a period of two to six years. No one may hold more than three posts involving direct management activities, including all the Cooperatives of which he is a member, or remain on the same level after the age indicated by the Statute has been reached.

The renewal may be done only partially and, except as expressly stated, it will be produced for half of the time and number of members, so that they do not coincide with the President and the Secretary.

The performance of Council positions is mandatory, except for re-election or another fair cause.

The General Assembly, with the express constancy on the agenda, may revoke the appointment, for a fair cause before the expiration of the deadline by which the members of the Governing Council were appointed.

When there is a vacancy of any member of the Governing Council and no substitute shall be counted for the replacement, the General Assembly shall be convened in the following month to cover the vacancy. The designated one will be for the time it will subtract from the replaced.

Three. Only natural persons may be elected; when the partner is a legal person, the legal representative of the associated entity may be elected. The legal representation corresponds to the President, except that, for these purposes and for each election, it is delegated by the corresponding governing body in one of its members. The chosen one will hold the position for the entire period, unless he loses the condition he held upon being appointed to the associated Entity, and will act as if he were Counsellor in his own name.

Four. Unless the Council expressly assigns to the Council the distribution of charges-including the presidency-among those elected to constitute the Governing Council, it shall be understood that this task shall be the responsibility of the General Assembly.

The Statutes or the General Assembly shall provide for the replacement in the respective positions. In the event of silence, the President shall be deemed to be replaced by the Senior Counselor, and the Registrar, the youngest.

The President's vote will lead to draws.

Article 58. Operation of the Governing Council.

One. The Governing Council shall meet the periodicity which is established by law, and at least once a month or in extraordinary convocation at the reasoned request of one of its members or of the Directorate. If the request is not addressed by the President within ten days, he may be summoned by the person who made the reasoned request, provided that he or she succeeds in calling for membership of at least one third of the Council.

Two. The Statute shall govern the internal functioning of the Council. The Council may, at any time, seek the presence of the Director for the purposes it deems appropriate.

Three. The Council shall be validly constituted when the meeting, present or represented, is attended by half plus one of its components. The agreements shall be adopted by an absolute majority of the concurrent members and represented, with the exceptions provided for in Articles 60 and 65, three, of this Regulation.

Article 59. From the President of the Cooperative.

The President of the Cooperative will be assigned, on behalf of the Rector Council, the representation and government of the Cooperative Society and the presidency of its organs, in the form that is established by law.

The exercise of representation by the President shall be in accordance with decisions validly adopted by the Governing Council.

Article 60. From the delegation of powers by the Governing Council.

When the Statutes do not dispute anything else, the Governing Council may appoint an Executive Committee or one or more Delegates, without prejudice to the proxies it may confer on any person.

In no case may the accountability and presentation of the balance sheet be delegated to the General Assembly, nor shall the powers granted to the Council, unless expressly authorized to do so.

The permanent delegation of any faculty of the Governing Council to the Executive Committee or to the Chief Executive Officer and the appointment of the members of the Council who are to hold such positions shall require the vote in favour. of two-thirds of the components of the Council, and shall not produce effect until their registration in the General Register of Cooperatives.

Article 61. Remuneration of members.

One. The remuneration of the components of the Governing Council, where applicable, in accordance with Article 31 (3) of the Law, shall be provided for in the Statute, but its quantitative determination shall be determined by the General Assembly.

Two. Even if no remuneration is paid, the Directors may earn per-attendance allowance and, in any event, will be compensated for the expenses incurred by them, as agreed by the General Assembly.

Article 62. Functions of the Address.

One. The jurisdiction of the Directorate, where appropriate, extends to the matters pertaining to the normal rotation or traffic of the Cooperative Company and to how many acts are of interest to it, with the limitations laid down in Article 56 of this Regulation. Regulation, and within the powers and powers conferred upon it.

Two. The acts of provision relating to actual rights, sureties or endorsements, with respect to the cooperative estate, shall always require express authorisation from the Governing Council, without prejudice to Article 48 of this Regulation.

Three. The functions of the Directorate shall be executed, without prejudice to those made by those Rectors whose posts by statutory rule or general assembly agreement have direct management activities.

Article 63. Appointment and dismissal of the Directorate.

One. It is for the Governing Council to appoint the members of the Directorate by formalising the relevant contract, as well as its cessation.

Two. Where the Council agrees to the cessation of the members of the Directorate before the agreed deadline, apart from the damages which may be granted in law, it shall be compulsory to give the Eesc's account and its statement of reasons before the Assembly. General, by establishing such an extreme on the order of the day.

Article 64. From the duties of the Directorate.

One. The members of the Management Board shall have the duties to be given to the contract and to the general guidelines for action laid down by the Governing Board. On a quarterly basis, at least, they shall submit to the Council a report on the economic and social situation of the Cooperative.

Two. Within two months immediately following the closure of the social year, the Directorate shall submit to the Governing Council, for its report and subsequent consideration by the Assembly, the explanatory memorandum on the management of the Company, the balance sheet and the results count. Copies of those documents shall be sent to the Interventillers of the accounts within the same period for the purposes referred to in Article 67 of this Regulation.

Three. Address shall inform the President of the Cooperative, without delay, of any matter which, in his opinion, requires the convening of the Governing Council or which, because of its importance, must be known to him.

Article 65. Responsibility of the Governing Board and the Directorate.

One. The members of the Board of Directors and, where appropriate, of the Board, will carry out their duties with due diligence to a loyal and orderly manager, and will respond to the Society and to all members of the caused by malice, abuse of powers or gross negligence. In any event, members who have expressly saved their vote in the agreements that would have caused the damage shall be exempt from liability.

Two. The action of responsibility against the members of the Governing Council may be exercised, at any time, by the General Assembly or, failing that, by a number of members or associates representing 20 per 100 of the social votes provided that such action has not been exercised by the Assembly within a period of three months after it has agreed to do so, or where the decision of the Assembly is rejected. The action will prescribe at three years from the moment it was able to be exercised.

Three. The action on behalf of the Society against the Directorate may be exercised by the Board of Directors, after agreement of the two thirds of its members.

Four. By way of derogation from the foregoing paragraphs, the compensation actions which may be the responsibility of the partners, the partners and the third parties for the acts of the Governing Council and, where appropriate, the Directorate, which damage the directly the interests of those. The limitation period for the action concerned shall be that provided for in number two if the claimant is a member, or the general set out in Article 1.978 of the Civil Code if he is a third party.

Article 66. Provisions common to the Council and the Directorate.

One. They may not be members of the Governing Board or Directors:

(a) Officials at the service of the Administration with functions of their office, which relate directly to the activities of the Cooperative concerned.

(b) The minors, except in the School Cooperatives, in which case the provisions of Article 119 of this Regulation will be included. This derogation does not reach the age of 18, who are legally entitled to be emancipated or legally entitled, or in the Associated Work Cooperatives, to the working partners referred to in Article 18 (a) of this Regulation.

(c) Those who perform and exercise their own or other competitive or complementary activities to those of the Cooperative.

d) Those who are subject to interdiction, the bankrupt and the non-rehabilitated, the legally incapacitated, those sentenced to penalties that bear the disqualification for the exercise of public office, those who would have been convicted of serious non-compliance with laws or social provisions and those who are unable to pursue gainful economic activities on account of their position.

Two. Member charges on the Rector and Director Council are incompatible with each other.

Three. Contracts between the Cooperative and the Director or members of the Governing Council shall be subject to prior authorization from the Governing Council or the General Assembly. Such authorisation shall not be necessary in respect of the acts and services themselves of the relationship between any Cooperative and its partners, but for the operations between the Cooperative and other entities in which the Counsellor or Director or his/her relatives, up to the fourth degree of consanguinity or second degree of affinity, hold high positions, or in which they may have direct economic interests. The authorisations granted by the Council shall be notified to the General Assembly immediately thereafter. The act concluded without prior authorisation and not ratified by the Assembly is void, leaving the rights of third parties in good faith safe, and will result in the automatic removal of the Counselor or Director, who will be personally liable for damages and damages that are derived for the Cooperative.

Four. They shall be null and void, with the same exception as the previous number, the operations of debt-taking, the provision of bonds, guarantees or guarantees, loans and other similar purposes carried out by the Cooperative and in of the Director or members of the Governing Board. They will also reach the relatives referred to in the previous issue, as well as any person who is involved. The operations that may be carried out with the Credit Union shall be regulated by the cooperative credit rules.

Five. The members of the Governing Board and the Director shall be bound by professional secrecy even after they have ceased their duties (Article 36 LGC).

Six. The Rectors or Directors who are incourses in any of the prohibitions in paragraph 1 of this Article or in Article 39 (5) shall be immediately dismissed at the request of any partner or associate, without prejudice to the liability in which they may incur in accordance with Article 65 for their unfair conduct.

The above is without merit of the faculty of the Statutes or of the Assembly, of specifying and defining the assumptions that are motivated to be considered excluded, automatically or after express authorization, of the conflict of interests referred to in paragraph (c) of paragraph 1 of this Article; in order for the Assembly to be able to authorize the derogation, this issue must be clearly separated and clearly stated on the agenda of the Assembly.

Article 67. Accounts Controller.

One. The General Assembly shall appoint among its members a secret ballot, one to three Financial Controller, and, where appropriate, the alternates, whose number and period for which they are to act, which shall not be less than one financial year and not more than four, shall be set out in the Statute. It shall apply the provisions of Article 51, number three, of this Regulation, for members of the Governing Council.

The financial year of the Financial Controller shall result in the compensation of the costs incurred; in order for the right to be paid, it shall be provided for and specified in the manner set out in Article 61 of this Regulation.

Two. The exercise of the intervention of accounts is incompatible with the condition of the Director or a member of the Governing Council, and with the parentage, in respect of the holders of those posts within the limits laid down in Article 66 of this Regulation. Regulation.

Three. The Financial Controller or Controller shall submit to the General Assembly, at the end of each financial year, a detailed report on the explanatory memorandum on the management of the Company, the balance sheet and the results and those other documents which They must be submitted to the General Assembly for approval, if appropriate.

Four. Exceptionally, at the request of the partners, partners or employees, representing 20 per 100 of the respective group, the Interventors may at any time carry out an extraordinary investigation to clarify the anomalies that are subject to examination. They may also carry it out on their own initiative when they reasonably estimate that there have been irregularities in the way the operations are accounted for.

Five. The Interventors of Accounts are entitled in the performance of their function to consult and to check freely at any time the documentation of the Cooperative and to request the assessments that they consider opportune by the Unions or the Federation concerned.

Article 68. Liability, rights and obligations of the Interventors.

The provisions of Articles 65, number one, 61 and 66, number five, of this Regulation, concerning the liability, rights and obligations of the members of the Council, shall apply to the Financial Controller Rector.

Article 69. Default of account intervention.

The approval of the accounts by the General Assembly without the prior processing of their intervention will be impeachable, and any partner or associate may request their cancellation in the form provided for in the numbers two and three of Article 54 of the This Regulation.

CHAPTER V

From the books and accounting of the Cooperatives

Article 70. Social documentation.

One. Cooperatives shall carry, in order and in order, the following books:

a) Partner record book.

b) Book of social parts or titles.

(c) Book of minutes of the General Assembly, the Governing Council and, as the case may be, the Executive Committee and the Preparatory Boards.

d) Accounting books, which will necessarily be a book of inventories and balances and a daily book.

All of them will be charged by the District Court or Peace Court of the place where the Cooperative has its registered office, before which it will be presented so that, prior to its use, it will be stamped in the first signed diligence of those who had the book. The stamp of the Court that authorizes it shall also be affixed to all the sheets of each book.

The General Directorate of Cooperatives and Community Enterprises may authorize the Cooperatives to request another documentation system offering similar guarantees to those of the official books mentioned in the paragraph first. The application shall be submitted to the Provincial Delegation of Labour for the place of the registered office of the Cooperative, who, within the maximum period of 20 days, shall forward it to the said Directorate-General, which shall, after reporting by the Corresponding management centres of the Ministries of Justice and of the Treasury, where appropriate.

Two. It shall also be valid, in respect of books of accounts, the holding of seats and entries for any suitable procedure on sheets which shall then be binding in order to form the compulsory books and (a) voluntary, which must be legalized before the end of the four months following the date of the close of the financial year, except that of the inventory and balance sheet, to be carried out within the month following each of the transcripts that sorts the following item.

Three. Cooperatives will be able to request that these legalizations made by the District Justice organs take place in their own registered office.

Four. All books must be carried, whatever the procedure is used, with clarity and accuracy, in order of dates, without blanks, interpolation, scrapes or blanking. The errors or omissions suffered in the accounting records shall be saved immediately after the warning is given. These must be made by expressing the values in pesetas.

Five. Cooperatives shall keep the books, correspondence, documents and supporting documents relating to their activity, duly ordered, for five years from the last seat held in the books; except as provided for by provisions general or special.

Six. The cooperatives are obliged to present, within the first three months of each year, in duplicate, in the Provincial Delegation of Work of the registered office, the following documents:

a) Certification certification of the total number of high and low partners and associates, duly broken down, produced during the year, as well as the total of these existing at the Cooperative in December 31.

(b) The amount of: social capital, compulsory reserve fund, education fund and social works and voluntary reserves, according to the last balance sheet, as well as the maximum figure reached by the social capital in the last financial year.

(c) Class of economic activity carried out by the Cooperative during the preceding year, predominantly, by framing it in the numbering and nomenclature set out in the Annex to Decree 2518/1974 of 9 August, on national classification of economic activities and complementary rules.

Delegations must submit a copy of the documentation to the General Directorate of Cooperatives and Community Enterprises within a maximum of five days from their receipt.

Seven. In any case, the Cooperatives will be obliged to provide the data and information of their own activity requested by the Ministry of Labour for the best performance of the functions that the Ministry has legally entrusted to them.

Article 71. Accounting of Cooperatives.

One. Any cooperative must keep an accurate account of its activity by the double-departure system. However, those Cooperatives formed by natural persons exclusively whose territorial scope is regional or local may request from the Directorate General of Cooperatives and Community Enterprises to carry out another accounting system which is sufficient for the type of activities that you perform. The application will be presented in the Provincial Work Delegation of the Social Address of the Cooperative, who will be censured with the report of the Labour Inspectorate to that Ministry's Steering Center.

Two. The inventory and balance book will be opened with the detailed initial balance sheet of the Cooperative.

This book will annually collect inventory, exercise balance, and result count.

Three. The balance sheet and the profit and loss account shall reflect clearly and accurately the cooperative's assets and profits during the year or the loss suffered.

Four. The profit or loss account shall express the gross volume of the transactions carried out and shall distinguish the results of the exploitation of those originating from non-standard operations or in exceptional circumstances.

Five. Balance sheet items shall be valued on the basis of objective criteria which guarantee the interests of third parties and follow the principles required by an orderly and prudent economic management of the Cooperative. A continuation of the assessment criteria, which cannot be varied without reason, should be maintained, which should be expressed, where appropriate, in the book of inventory and balance sheets, and when the contributions are updated, the referred to in Article 45, two, of this Regulation.

Six. The President or the member of the Governing Board authorised in each case shall sign the balance sheet for the financial year and the profit or loss account, and shall be responsible for the accuracy of the data contained therein.

Seven. The contribution of the Education and Social Works Fund shall be individualized in the assets of the Cooperative, which may not be used in any case for the normal traffic of the Entity.

Eight. The daily book will record day by day all operations related to the economic activity of the Cooperative. It shall be valid, however, for the total entry of the total of the transactions for periods not exceeding the month, provided that their details appear in other books or records in agreement, as provided for in the previous Article.

Nine. If there is no provision contrary to the Statutes of the Cooperative, the economic year shall coincide with the calendar year.

CHAPTER VI

Cooperative Foundation

Article 72. General rules.

One. The Cooperative shall be constituted and shall have legal personality from the moment when the public deed is entered in the corresponding office of the General Register of Cooperatives, with its taking of reason in the Commercial Registry in the cases in the designation of a management body is mandatory.

Two. Of the other acts which involve substantial changes in the identity or structure of the Cooperatives to be held by Director, as long as they are determined in this Regulation, it shall also be taken into account in the Commercial Register of the province where the Cooperative is domiciled.

Three. The various ministerial departments and the Banco de España may carry out special censuses of the Cooperatives on whose activities they have jurisdiction under the laws, which will be duly coordinated with those of the Ministry of He worked through the National Commission created in article 61 of the Law.

Article 73. Statutes.

One. The Statutes of the Cooperative shall express in accordance with the rules of the General Law of Cooperatives and of this Regulation:

1. The name.

2. He or the objects of his economic-social activity.

3. The registered office.

4. Its duration.

5. The objective requirements for the admission of partners.

6. The limited or unlimited liability of partners for social operations.

7. The modules according to which the partners are obliged to participate in the activities and services of the Cooperativa congruent with the class of this.

8. The rules of social discipline, types of faults, sanctions and sanctioning procedures and, in particular, serious misconduct that may be the cause of expulsion.

9. Notice period for the partner to cause voluntary leave.

10. Minimum social capital.

11. Minimum value of the title.

12. Expression of the mandatory contribution to the social capital to be made by at least each partner.

13. The claim to have the registered capital fully subscribed and disbursed, at least, by 25 per 100.

If the disbursement is not total, the Statutes may regulate successive disbursements or refer to subsequent agreements of the General Assembly.

14. Statement on whether it is agreed to pay interest to the contributions of the partners to the share capital and, if so, the interest rate or remission of these extremes to the decisions of the General Assembly.

15. Requirements to be met in order to transfer between the partners, by means of interliving acts, the social partners.

16. Deductions that may be made in the social parts of the partner, which causes a low, depending on the cause of the partner.

17. Time limit for the reimbursement of the social partners to the partner who causes discharge or to his or her successors.

18. So many per cent of the net surpluses for each financial year to be allocated to the compulsory Reserve Fund and the Social Works and Education Fund.

19. The purpose of the Education and Social Works Fund, the specific determination and implementation of which may be left to the General Assembly agreements.

20. Destination of available surpluses, or refer to subsequent General Assembly agreements.

21. Criteria and procedures for the allocation of losses resulting from the closure of the financial year.

22. Determination of matters reserved for the general assembly's knowledge and resolution.

23. Form of publicity and deadlines for the convening of the General Assembly, ordinary or extraordinary, on first or second convocation.

24. Regulation of the voting rights of the partners and, where appropriate, of the partners, in the General Assembly.

25. Determination of matters requiring a qualified majority in the General Assembly to adopt agreements.

26. Determination of the number of members of the Governing Board, and of the limits and guarantees of Article 57, two.

27. Determination of the deadline by which the members of the Governing Council will be elected and rules for the partial renewal of the latter.

28. Charges to be attributed within the Rector Board, specifying whether to reserve its designation to the Rector Board itself.

29. Internal functioning of the Council.

30. Determination of the functions and powers of the Governing Council.

31. Rules on remuneration, where applicable, of members of the Governing Council.

32. Determination of the number of Accounts and Period Interventors to be appointed.

33. Causes of dissolution of the Cooperative.

34. Determination of the number of liquidators for the case of dissolution.

35. Any other requirements imposed by the General Law of Cooperatives or this Regulation.

Two. Unless the Statute provides for the setting up of a Court or Arbitration Commission to which the interpretation of the Statute is also to be interpreted, this function shall be the responsibility of the Governing Board, without prejudice to the fact that where appropriate enforceability of acts arising from the interpretative resolution, the ratification of the General Assembly must be obtained according to the applicable statutory or statutory rules.

Three. The Statutes may be developed in the organic, procedural and functional aspects of the Company or the Cooperative Company in one or more Regulations of the cooperative internal regime, which the Assembly must approve, without its provisions may impair, limit or derogate from the exercise and scope of the rights and duties of the partners in the Cooperative, with no rule to the contrary being null and void.

The quorum and majority regime for approving or amending these Regulations may be lower than the requirement to approve or amend the Statutes, but in any event the matter must be clearly stated and separated in the corresponding order of the day.

Article 74. Preparatory period.

The promoters will have to carry out all the activities leading to the creation of the future Society by choosing the effect between them to the managers who will have to carry out before the registration the necessary acts for the the formation of the Company, being of account of the expenses that for such cause originate. The validity of the contracts concluded on behalf of the Cooperative before its registration shall be subject to this requirement and to the acceptance thereof within the three-month period. Failing this, managers will be jointly and severally liable to persons with whom they have contracted on behalf of the Company (Article 42-a, General Law of Cooperatives).

Article 75. Constitution process.

One. The constitution of the Cooperative shall comprise the following stages:

(a) A request for a qualification addressed to the corresponding labour authority, signed by one or more managers appointed for this purpose by the promoters. The application shall be accompanied, in triplicate, by a draft Statute and a list of the promoters expressing, for natural persons, the name, surname, age, state, national identity card, profession and address, and legal persons, the document proving their legal existence, in which the identification code shall be included. The activity, legal title which the promoters exercise or are going to commit when required to belong to a certain class of Cooperatives, must also be expressed. In any case, the certification of the Central Service of the Register of Cooperatives referred to in Article 7. of this Regulation shall also be accompanied.

(b) The application and accompanying documentation shall be submitted to the relevant Working Delegation for the place of the address of the Projected Cooperative, provided by that receipt of the presentation.

The file may be informed in the judgment of the authority to be resolved by the Labour Inspectorate and by the Federal Entities of a public nature referred to in Royal Decree 2508/1977 of 17 June.

(c) In the case of Credit Unions, the promoters must obtain prior authorization from the Ministry of Economy, which must be resolved on the prior authorization within the maximum period of thirty working days, counted from the receipt of the file, notifying the file of the act followed by the managers.

(d) The competent authority of the Ministry of Labour, within 30 working days, counted from the receipt of the complete file, shall resolve the rating. If it appreciates subsable defects, it shall be brought to the attention of the managers, who shall be entitled, unless expressly limited in the application, to raise the corrected text directly to that authority within a maximum period of three years. months.

e) The deed shall be granted, within the maximum period of two months from the date of qualification, by the General Register of Cooperatives, by the promoters, their legal representatives or proxies with powers to this, in sufficient numbers for the formation of the Cooperative.

The write will contain:

1. The Statutes whose project would have been favourably and definitively qualified by the General Register of Cooperatives.

2. The expression that all the social capital has been subscribed, and whether it has been fully disbursed or in which part and, in this last case, form and deadlines to disburse the rest.

3. The identification of persons who have already paid up social parts or disbursements them in the act of granting the deed.

4. The cash, assets or rights contributed by the cooperating partners, the value attributed to the contributions and the number of titles or parts received.

5. Designation of the members of the first Rector Board and their respective positions.

6. Designation of the Financial Controller (s).

7. Agreements adopted on delegations, proxies, determination of powers and any other aimed at regulating the normal functioning of the Entity.

It may also contain the proxy conferred on one or more partners, in the latter case with joint or solidarity powers, to remedy any defect that would prevent the registration of the Entity.

8. Places where, where appropriate, they are to establish branches, agencies or delegations.

9. Date on which the Cooperative will start its operations.

(f) In addition, all legal covenants and special conditions which the founding members of the founding members deem appropriate may be included in the deed, provided that they do not object to the provisions of the Law.

g) A first copy and three simple copies of the constitution, or four simple copies if it is a Credit Union, will be sent directly to the office of the corresponding General Register of Cooperatives with the enrollment request.

h) The registration, in that office of the General Register of Cooperatives, the authority that resolved will return to the Cooperative the first copy of the writing with the note of Enrollment that will serve, if necessary, for the If it is a Credit Union, a simple copy, duly collated and diligent, will be submitted to the Ministry of Economy.

Two. It shall be the potential of the promoters to proceed with the granting of the writing of the constitution, without the need of the prior qualification, of the draft Statute or, where appropriate, of the cure of the defects observed and notified by the Registry Cooperative.

In these assumptions, the first copy and the three simple copies of the writing, or four simple copies, if any, will be submitted with the application following all the formalities set out in the previous number. In any case, the registration shall not be carried out in the office of the General Register of Cooperatives, without the prior qualification of the officials of that office.

Three. At the time of application the registration shall be accompanied by an expressive declaration of the type of activity that the Cooperative is to carry out on a predominant basis, identifying it with the numbering and nomenclature set out in the Annex to the Decree 2518/1974 of 9 August on national classification of economic activities and their complementary rules.

When the Company is to have a multi-purpose or multi-functional character, according to the possibilities of the cooperative types, according to this Regulation and the purpose of the promoters, they will be recorded, together with the activity predominant, all remaining identifying them with the above criteria.

Article 76. Merger and division of Cooperatives.

One. (a) The merger of two or more Cooperatives into a new Cooperative shall be carried out in advance by agreeing each of those two or more of the dissolution and the block transfer of their respective social assets to the new Entity to acquire the rights and obligations to which the partners and associates of the dissolved Cooperatives will be incorporated

(b) If the dissolution results from the absorption of one or more Cooperatives by another existing one, the affected Cooperatives will also adopt in their General Assemblies the corresponding agreements, and the subsidiary will acquire the assets of the absorbers with all their rights and obligations and automatically incorporating the partners and associates of them.

(c) In cases of merger or absorption, the agreements of the respective General Assemblies shall be adopted with the majority required in Article 52, number two, of this Regulation, and the disagreeable partner may cause a reduction in the form and time-limits laid down in Article 26, number two, of the same.

Two. The split or split of a Cooperative into two or more will conform to the following rules:

(a) The file shall be initiated with the report of the Governing Council, communicated to all the partners and associates, reasoning the need or desirability of the division or division from the social, economic and financial points of view, to which the inventory and balance sheet will be accompanied fifteen days before and detailed proposal of the portion of the patrimony, rights and obligations, social capital and funds of reserve and of education and social works, that will have to be transferred to the split or split into new or new Cooperatives and from which it is to be retained, where appropriate, the existing Cooperative. For fifteen days, the Rector Council will admit claims on inclusion or exclusion in the relationship formed.

A single partner may belong to more than one of the Cooperatives if the nature of the purposes of each of these is permitted.

(b) The Governing Council shall convene meetings of the partners and associates that would be incorporated into each Entity. The rules on calls and the conclusion of the General Assembly shall be observed by analogy, but the agenda shall be limited to the proposal for a split or split; the proposal to prosper shall in each case require a favourable vote of, less, two-thirds of the partners and partners affected.

c) If the proposal prospers, the Governing Council will convene the General Assembly to resolve the split or split. The agreement will require the majority laid down in Article 52 (2) (g) of this Regulation. The disagreeable partner may choose to separate from the cooperative or to continue in the cooperative without joining the new one in the form and time limits set out in Article 20 of this Regulation.

Three. The agreement of merger, of its own or by absorption, and the agreement of division or division will be published twice in the "Official Gazette" of the province and in a newspaper of great circulation also of the province where the Cooperative has its domicile, and not may be made before three months have elapsed since the date of the last announcement. If, during this period, any creditor objects, the agreement shall not be effected without the rights of the disagreeable creditor being previously secured or otherwise satisfied. The latter may not object to the payment, even if the claims are not due.

Four. Agreements on the merger, absorption, division or division of cooperatives shall be subject to the same formalities as the instruments of incorporation. The qualification of those agreements shall imply the registration of the constitutions and extinctions which are necessarily derived therefrom.

In cases of dissolution, if they proceed, the rules on liquidation, or the provisions of Article 42 of this Regulation on the fate of the compulsory Social Funds, will not apply, but they will be integrated into the the assets of the new entity, affected to the fulfilment of their respective purposes.

Five. In the case of agreements and decisions falling within the scope of the acts referred to in this Chapter, and in general all the subjects to be classified and registered in the Register of Cooperatives, the parties concerned may lodge the resources provided for in the Administrative Procedure Act of 17 July 1958.

CHAPTER VII

Dissolution and liquidation of the Cooperative Society

Article 77. Dissolution of the Company.

It will be causes of dissolution of a Cooperative:

(a) Compliance with the term provided for in the Statute, except for an extension agreement adopted by the General Assembly and submitted to registration before the end of the term. The disagreeable partner may cause a reduction in the form and time limits provided for in Article 28 of this Regulation.

b) Conclusion of your social object or inability to reach it.

c) General Assembly Agreement, expressly called for the effect, adopted on the first call by the two-thirds of its members, and in the second, by the simple majority of the assistants. At the time of the convening of the Assembly, the proposal for dissolution shall be forwarded to each partner, which shall be reasoned and shall be accompanied by a closed balance within 30 days prior to the conclusion of the Assembly.

d) Reduction of the number of partners to a figure below the legally necessary for their constitution, maintained for more than six months.

e) Reduction of the share capital to a sum below the statutory minimum capital, held for more than six months.

f) Merge with another Cooperative Entity or Absorption by this.

g) The division or division, which affects all the partners and all the cooperative assets, by the disappearance of the former legal person.

h) The bankruptcy of the Cooperative Society, provided that it is agreed by its General Board as a result of the court ruling that declares it.

i) Any other cause established in the Statutes, in the Law or in this Regulation.

Article 78. Settlement of the Cooperative.

One. The cooperative shall be dissolved, the appointment of settlement partners shall be made, in an always odd number, to be agreed by the same General Assembly as having decided upon the dissolution or, in another case, the one which, for this purpose, must convene without delay. Governing Council. In both cases the election will be held by secret ballot.

When the Company cannot make the appointment of liquidators effective, they will be appointed by the General Directorate of Cooperatives and Community Enterprises, on a proposal from the Spanish Confederation of Cooperatives, It may also be revoked by the Management Centre; the designation of liquidators may, in such a case, be placed on non-member persons. The cooperative shall be presumed to be in this case if three months have elapsed since the dissolution without having made such appointment.

The appointments of settlement partners may also be placed on the members of the Governing Board to cease their duties.

Two. During the settlement period, the General Assembly may agree to revoke the settlement partners by the General Assembly and to make new appointments.

The Judge of First Instance may also agree to the cessation of the settlement partners, by means of a fair cause, at the request of a group of members representing at least 30 per 100 of the total social votes.

Three. During the period of liquidation, the provisions applicable to the General Assembly regime, ordinary or extraordinary, shall be observed, which shall be convened by the liquidators, who shall preside over them and shall give an account of the progress of the settlement and the corresponding balance sheet for approval.

When the liquidators are three or more acting in a collegiate manner, they must record their agreements in a record book. The liquidators shall elect among them those who are required to perform the duties of President and Registrar.

Four. The cooperative during the liquidation period shall retain its legal personality. In this time you must add the phrase "In liquidation" to your name.

Five. Liquidators may be given a compensatory payment for their function and shall be credited, in any case, with the costs incurred.

Six. The settlement shall last for the time required to be completed, which in principle shall not exceed the remaining period for the end of the current financial year and a full year; however, the General Assembly may grant six-monthly extensions to the the report of the liquidators, provided that this is necessary for the proper exercise of the settlement operations.

A copy of the report rendered with the periodicity established by the liquidators shall be submitted to the Labour Delegation of the registered office.

Article 79. Transmission of functions.

From the moment the Cooperative is declared in liquidation, the members of the Governing Council and the Directorate will cease in their managing functions, but they will take the necessary measures to ensure continuity and avoid damages resulting from social inactivity.

As soon as the liquidators, the Rector Board, and the Management Board are appointed, they shall, if applicable, subscribe to the Company's inventory and balance sheet relating to the day on which the settlement is initiated and before the liquidators begin their operations.

Members of the Governing Board and the Management Board if required to do so shall be required to tender for the practice of settlement operations, limiting this contest to the provision of information and background information. claims liquidators for such purposes.

Article 80. Competition from liquidators.

In addition to what was stated in the previous article, it is up to the liquidators:

1. Carry and guard the books and correspondence of the Cooperative and ensure the integrity of its heritage.

2. Perform pending and new operations that are necessary for the settlement of the Cooperative.

3. Alienate social goods. For the sale of buildings, the public auction of buildings will necessarily be included unless the General Assembly expressly establishes another valid system.

4. Claim and collect outstanding claims, be it against third parties or against partners.

5. Pay creditors, partners and associates.

6. Arrange transactions and commitments when it suits social interests.

7. Show the representation of the Cooperative in judgment and outside it for the fulfillment of the functions they have entrusted to them.

Article 81. Award of social haber.

One. The division of the social haber shall be carried out in accordance with the rules laid down in the Statute or, failing that, those laid down by the General Assembly. In any case, the following order shall be made:

1. The Fund for Education and Social Works shall be fully respected for its inembargable nature.

2. Social debts will be paid off.

3. Their contributions to the social capital, revalued, if any, will be reintegrated to the partners and associates.

4. The voluntary reserves, or whatever else, may be shared between those who are partners at the time of the dissolution in proportion to their seniority and their participation in social operations from the moment of their respective income.

5. Up to 50% of the amount of the Reserve Fund, or of the amount of the Fund, after the previous applications have been made, may be paid to the partners in respect of interest, not exceeding the rate set at number six Article 31 of this Regulation, for its contributions to social capital, if they had not received them, and provided that such a possibility was expressly provided for in the Statute for all the partners and that they clearly and unequivocally stated in the Official documentation of interest accrued on capital injections within that limit of 50% In the case of a doubt as to the amount of interest which the shareholders may have received, the amount of interest paid by the partners shall be presumed to be equivalent to the basic rate of the Bank of Spain.

6. The surplus, if any, of both the Reserve Fund and the liquid of the Cooperative, shall be applied for the same purposes as the Fund for Education and Social Works, referring to the actual justification to the Register of Co-operatives, within one month; failure to comply with this obligation to forward such a justification may be considered to be serious and, where appropriate, sanctioned in accordance with the provisions of this Regulation, without prejudice to the provisions of paragraph (g) of Article 132 (4).

Two. The Education and Social Works Fund shall be irreparable between the partners; the Statutes, if any, or, failing that, the General Assembly before the dissolution agreement, shall indicate the purposes to which it shall apply provided that they conform to the nature of the of that Fund, in accordance with the provisions of Article 17 of the Law and 42 /3 of this Regulation. The Education and Social Works Fund of other Cooperatives shall be considered appropriate for the first, second or subsequent degrees. Unions or Federations to which the dissolved Cooperative is linked and those of cultural, educational or social promotion entities and associations directly related to the expansion of the formula and the cooperative principles.

Three. After the liquidation, the liquidators shall form the final balance sheet which shall be submitted to the decision of the General Assembly.

The convocation of this Assembly, in addition to being done in the ordinary form, will be published in the "Official Gazette" and in a newspaper in the province, at least.

This balance sheet may be contested by the partners in the terms of Article 54 of this Regulation.

Article 82. Suspension of payments and bankruptcies.

One. To the Cooperative Societies, the suspension of payments and bankruptcy shall apply to them in accordance with the provisions of Article 48/6 of the Law and in this Regulation.

Two. The suspension of payments, applicable to Cooperatives who are in a situation of illiquidity or which access insolvency due to accidental circumstances, may request it: the Governing Council, after ratification of the Assembly, and, where appropriate, the liquidators.

The judicial providence, by virtue of which the suspension is requested, must be registered in the Register of Cooperatives where the suspension is registered.

Three. The creditors of the cooperative may, and the governing body of the latter must ask the judge for the declaration of bankruptcy when the latter is in a state of permanent insolvency; the obligation to urge such a declaration will reach liquidators.

Article 83. Extinction.

Finalized the liquidation and distribution process of the cooperative patrimony and once the final balance has been approved, the liquidators must request, within ten days, the cancellation of the seats concerning the Society in the office of the General Register of Cooperatives concerned and deposit in such dependence books and documents relating to the traffic of the Cooperative, notifying them always to the Spanish Confederation of Cooperatives, to the appropriate effects censals, and, if necessary, to the Commercial Registry for the cancellation of the taking of reason practiced on their day in the terms provided for in Article 72 of this Regulation.

Article 84. Modification of Statutes.

One. Agreements on the modification of Statutes shall be adopted subject to compliance with the applicable social standards and shall be subject to the same official formalities as the constituent acts of the Cooperative.

Two. They are not subject to all these formalities, although they require registration in the corresponding General Register of Cooperatives, the social agreements adopted in due form on partial change of social denomination, unless it constitutes a mark registered industrial, change of registered office within the municipality where the Cooperative Entity is domiciled and the increase of the minimum social capital. In such cases it shall be sufficient for his registration in the office corresponding to the General Register of Cooperatives of the Ministry of Labour to be referred by the Cooperative Entity for the first copy of the deed or, if applicable, the testimony of the a judicial decision or a legitimate certification, with a simple copy, or two in the case of a Credit Union, to that office, which shall register, if applicable and, at the time of returning the first copy of the deed, testimony or certification with the registration note to the Cooperativa Entity-which will serve, if necessary, for the taking of Reason in the Trade Register-shall be a simple copy where applicable to the Ministry of Economy.

Article 85. Notary tariffs and commercial registers.

The notary tariffs and the Mercantile Records, in cases where the public deed is imposed by the cooperative legislation will have an equal reduction, at least, to the one granted to the State. The Government may also increase this benefit for the Cooperatives declared of preferential social interest by the Ministry of Labour, prior to the report of the Spanish Confederation of Cooperatives.

CHAPTER VIII

From The General Register Of Cooperatives

Article 88. Organisation and effectiveness of the General Register of Cooperatives.

One. The General Register of Cooperatives, under the Ministry of Labour, shall be organised in the form set out in this Regulation. The effectiveness of all its units, central or peripheral, is defined by the principles of formal and material advertising, legality and legitimisation.

Two. The General Register of Cooperatives is structured as follows:

A) At the central level, the General Registry Service of Cooperatives, created by Royal Decree 1305/1977 of 10 June, which will have the following tasks:

(a) Qualify, register and certify the acts which, according to the Law and this Regulation, must be so as soon as they relate to the Spanish Confederation of Cooperatives, Federations and Unions of Cooperatives, Co-operatives of Second and (a) further degree, Credit Union (s), as well as to first-degree Cooperatives who have been obliged to appoint a Director from the time of their constitution or who also have a higher level of the province from the constitution. It may also obtain the competence of the provincial offices of the Registry, when the transcendence or complexity of the case advises, to whose end the working authority of the province concerned will raise the appropriate consultation, before to resolve the rating.

b) Receive, retain and study the summaries of the entries made at the provincial level, as well as a copy of the Statutes of the Cooperatives registered at that level.

c) Control the application of this Regulation, singularly in its substantive, registry and procedural aspects, proposing appropriate measures of all kinds to ensure the best and most effective compliance with the rules and the professional improvement of the officials responsible for the Registry, both in the Central Service and in the Peripheral Units.

d) Relating and coordinating provincial offices when it is considered necessary for their most perfect agreement, as well as proposing a resolution of the appeals against the decisions rejecting the Provincial Sections of the Register, and report the resources against the resolutions of the General Directorate of Cooperatives and Community Companies in the field of registration.

e) To study and propose how many measures will be directed to ensure the effectiveness, economy and simplicity of the registration procedures and, in general, of the procedures to be fulfilled by the promoters of the projected Entities Cooperatives as the managers of the entities already constituted.

f) How many functions are entrusted to you by the General Directorate of Cooperatives and Community Enterprises in relation to previous tasks.

B) At the peripheral level there will be a Section of the General Register of Cooperatives in each Delegation of Work that will assume the qualifying functions, registered and certified in respect of the Cooperatives not included in the (a) above.

Three. The General Register of Cooperatives is public. It is presumed that the contents of the books of the said Registry are known to all and their ignorance cannot be invoked. Documents subject to non-attached registration shall not have an effect on third parties in good faith. The incorporation of the acts of incorporation, modification of the Statutes, merger, own or by absorption, division or division and dissolution of Cooperative Entities will be constitutive. The lack of registration for the person who incurred the omission may not be invoked.

Four. The advertising of the General Register of Cooperatives referred to in the preceding paragraph shall be made effective by the expression of the books and documents of the file, or of certification issued by the Encharge of the Register.

The certification will be the only means of proving the content of the seats of the aforementioned Register. Where it is literal, it may be authorised by the use of xerocopias or any other mechanical means of reproduction.

Five. All documents subject to registration in this Register will be subject to qualification, so that the books will only be able to access the titles that have complied with the legal precepts of an imperative nature.

The rating shall be based on the results of the documents presented and on the corresponding entries in the Register.

Six. As a result of the qualification, an extension, suspension or refusal of the requested seat shall be carried out, as the titles are correct or suffer from subsainable or unsubsainable faults.

If the registration of a title is suspended or denied as a result of the qualification, preventive annotation will be extended, as long as the defects are remedied or the resource is resolved.

Seven. The registrations produce all the effects prevented by the General Law of Cooperatives, in the provisions of this Regulation and other implementing and development rules.

The contents of the books and the Record are presumed to be accurate and valid.

Enrollment does not validate any acts or contracts that are void under the Act or this Regulation.

The declaration of inaccuracy or nullity shall not prejudice the rights of third parties in good faith, acquired in accordance with the contents of the Register.

The seats of the General Register of Cooperatives will produce all their effects while the declaration of their inaccuracy or nullity is not registered; the agreements of the social bodies that must be subject to qualification and registration may not be validly applied by the Cooperative as long as the corresponding registration is not notified to it.

Article 87. Record books.

One. The following books shall be carried out in the Central Service of the General Register of Cooperatives, which exists in the Directorate-General of Cooperatives and Community Enterprises:

1. Journal Book.

2. Cooperative Societies Enrollment book.

3. Cooperative Unions Enrollment book.

Two. The following books shall be carried out in the Peripheral Sections of the General Register of Cooperatives of the Provincial Labour Delegations:

1. Journal Book.

2. Cooperative Societies Enrollment book.

Article 88. Journal Book.

The daily book of each Record will consist of 250 useful folios, plus the cover and a blank finish, duly bound and diligent.

All the foles will be numbered correlatively and bear the seal of the Register.

Foles shall contain a non-striped margin, to insert corresponding marginal notes into it, and three vertical lines to form horizontally striped columns to record the seat number, date and extension among them. of the seats.

At the top of each sheet, the following words are printed in their place: "Marginal notes", "Number of seats", "Day, month and year" and "Seat".

Article 89. Cooperative Societies Enrollment book.

One. The book of registration of Cooperative Societies will be carried out by the system of changeable sheets, so that once the portfolio destined for each Society is exhausted, another new one with equal number, followed by the first letter of the alphabet, will be opened. The remaining letters for successive foles are allocated.

At the end of each portfolio, it will be entered: "Pass to the portfolio ...", and at the beginning of the following one will be indicated: "This portfolio follows the ...".

Two. The data to be recorded in the Cooperativa's registration shall be as follows:

Name of the Cooperative, registered office, locality, province, date of the seat of presentation, class of Cooperative, scope, responsibility, initial number of partners, minimum social capital, taking of reason, if any, of the Corresponding Mercantile Register, and if the Company is dissolved or in liquidation. The last seat will be cancelled once approved by the General Assembly and terminated the liquidation of the Cooperative.

All of these circumstances will be indicated as fixed data at the top of the record sheet in two horizontal lines.

The remainder of the record sheet will contain a non-striped margin to insert the corresponding marginal notes and three vertical lines into horizontally striped columns, to record between them the date, number of seat and extension of the seat. In the case of Cooperatives already constituted at the entry into force of this Regulation, the new number corresponding to the Provincial Register and an expressive key of the province of the domicile will be recorded and, in addition, the number with which they were registered in the former Special Register of Cooperative Societies.

The following words will be printed instead: "Marginal notes", "Date", "Number of seats", and "Enrollment seats".

The right upper corner will insert the Cooperativa registration number.

All numbered foles will bear the seal of the Register.

Article 90. Register seats.

One. The following classes of seats will be drawn up in the registration book of Cooperative Societies: Inscriptions, the first of which is its constitution; cancellations, preventive annotations and marginal notes.

Registrations, preventive annotations and cancellations will be carried out below each other, without making clear among them, and they will have their correlative numbering, which will be entered in guismos in their respective column, with signature at the end of each of them.

Two. The extension of the seats shall be made in a succinct form, then sent to the file or the corresponding file, in which the document will be included.

The registration of the acts of incorporation, modification of Statutes, merger-own or by absorption-and of division or division of Cooperatives, as well as the change of the registered office outside the municipal term, the total change the term of office, the extension of the period of duration, the agreement of dissolution of the Cooperative, the declaration of having completed the settlement process and the final balance being approved and the permanent delegation of powers to the members of the Governing Council or Executive Committees shall be carried out in accordance with the relevant public writing or judicial resolution.

The registration of acts relating to the appointment and termination of the members of the Governing Board, Controller of Accounts and Liquidators shall be carried out by virtue of public deed or of judicial or of the work authority or certification with the law firms notarially. In the cases provided for in Article 84 (2), it shall be carried out in the manner prescribed by that provision.

For the registration of the acts contained in the preceding paragraphs, the Cooperative Societies are obliged to send the appropriate documentation to the Register of Cooperatives, within twenty working days, counted from the next to which the act occurred.

Article 91. Cooperative Unions Enrollment Books.

The registration of the Cooperative Unions will be practiced by the Central Registry Service in an independent book subject to the formalities provided for the book of registration of Cooperative Societies.

Article 92. Supplementary and supplementary rules.

One. The Ministry of Labour shall, at any time, dictate the implementing and development rules that require the organisation and internal functioning of the General Register of Cooperatives, both in the Central Service and in its peripheral services.

Two. As regards time limits, resources and other matters not expressly provided for in this Chapter or in the implementing and implementing rules referred to in the preceding number, the provisions of the Administrative Procedure Act of 17 July 1958.

CHAPTER IX

Labor Regime

Article 93. Regulations applicable to salaried workers.

The work activities of the employees of the Cooperatives are subject to the regulatory regulations of the working relations, with the only exceptions established in the General Law of Cooperatives that this Regulation develops.

Article 94. Participation in the results.

One. Where the Cooperative has paid staff at its service, each worker shall have the right to participate in the positive results of the management of each financial year, in the terms indicated in the following numbers.

Two. In the associated Working Cooperatives, the worker's participation shall be equal to 25 per 100 of what would have been in the available surplus to the working partner who will pay the same or similar activity, and must be paid to the worker in question. proportion of the time worked, even if these surpluses are not distributed in whole or in part, as returns to the workers ' partners.

Three. In the other classes or groups of Cooperatives, the employee shall participate equally with the partners in the available surpluses, with the participation of the partners being calculated for the amount corresponding to their activity in the Cooperative and that of salaried workers for the remuneration which would correspond to the work carried out, according to Regulation or Work Ordinance, Collective Agreement or resolution of the applicable labour authority. The participation of all employees in each cooperative, calculated in this way, may not exceed 15 per 100 of the available surplus.

Four. The employee's participation in the positive results of the management in the Cooperative, regulated in this article, replaces the participation to benefit that the labor regulations have established or establish in the management of the the sector and the activity concerned, or to which it will be the basis of a collective or individual pact in force during the year as a basis; but if the participation replaced represents a greater advantage for the employee, it shall be application of the latter.

Five. The participation in the results set out in this article shall be made effective for salaried staff within two months of the date of the General Assembly's agreement on the destination or application of the surplus for the financial year. corresponding.

Article 95. Access to the job partner condition.

Salaried workers who access the status of a working partner in non-work-associated Cooperatives, as provided for in Article 20 of this Regulation, shall do so with the rights and obligations established for the working partners in the Associated Work Cooperatives. The Statutes shall define, where appropriate, the terms and conditions of the work of these partners in accordance with those laid down in the Regulations or Labour Ordinance applicable in the sector. In any event, the working partner for one year, from the date of his or her access to the condition of such employment, shall receive, for his services, an economic compensation not less than that which has been paid to him if such services were provided as a salaried worker.

CHAPTER X

Cooperative Classes

Article 96. Classification.

One. First-degree cooperatives will be classified into the following groups:

1. Field Cooperatives.

2. º Sea Cooperatives

3. Craft Cooperatives.

4. Coperativas de Crédito.

5. No. Housing Cooperatives.

6. Associate Work Cooperatives.

7. Cooperativas de Consumo.

8. Service Cooperatives.

9. º Teaching Cooperatives.

10. School Cooperatives.

11. º Special Cooperatives.

12. Trade Cooperatives.

13. º Transport Cooperatives.

There will also be Insurance Mutuals, promoted by Cooperatives.

Two. Cooperatives of the classes referred to in the preceding number shall, in the first term, be governed by the special provisions applicable to each of them and, secondly, by the provisions of a general nature, without prejudice to the In particular, compliance with the function and principles set out in Articles 1 and 2 of the Law.

Three. The Ministry of Labour, on a proposal from the Spanish Confederation of Cooperatives, will be able to develop and complete the groups or classes of Cooperatives according to the needs and promotion of the Spanish cooperativism and, in any case, to the principles and characters of the cooperative system.

Article 97. Field cooperatives.

One. Field Cooperatives shall be classified as those made up of holders of agricultural, livestock or forestry holdings or by entities which associate them to meet all or some of the following purposes:

(a) Acquire for any animal title, materials, instruments and machinery for agricultural production and promotion, and also facilities related to agriculture, livestock and forests, such as mills, wineries, Mills, processing plants, the preservation and processing of their products or those used for agricultural production and promotion.

b) Keep, produce, transform, distribute, transport and sell in domestic and foreign markets, products from agricultural, forestry or livestock holdings of the Cooperative or its partners, in its state Natural or previously processed, the necessary auxiliary and complementary facilities may be mounted for this purpose.

(c) Acquire, manufacture or manufacture by any procedure, for the Cooperative or its partners, fertilizers, plants, seeds, insecticides, compound feedingstuffs and other elements for agricultural, forestry or livestock production and promotion, as well as the use of remedies against field pests.

(d) Acquire, patch, clean and improve land for agriculture, livestock or forests, as well as the construction and exploitation of the necessary works and facilities for these purposes.

e) To provide the necessary or appropriate services to agricultural, forestry or livestock holdings or to technical improvement, vocational training, experimentation or analysis studies and personnel specialized.

(f) Any other purposes which are characteristic of the agricultural activity or are antecedent, complementary or direct consequence thereof.

Two. The Field Cooperatives may include in their Statutes and as secondary purposes the acquisition and supply of goods or services for the use or consumption of peasant families.

Article 98. Cooperatives of Community Exploitation.

Also considered to be Cooperatives of the Field are those whose members are holders, whatever their basic legal title, of lands or livestock, and whose social object is the common exploitation of the field and activities related.

Article 99. Cooperatives of the Sea

One. Fishing vessels, fishermen, fishermen, owners or holders of seaweed, cetarec, marshland and shellfish families, farmers ' dealers, fishing vessels shall be classified as Cooperativas del Mar as co-operatives of the Sea. fishing, to perform all or some of the following purposes:

(a) Facilitate fishing operations in their different modalities related to the capture, reproduction and pasture of sea products, and marine lagoons.

b) Conservation, processing, salting, preserving and selling of fish in common.

c) Construction and repair of fishing vessels, scrapping, construction or acquisition of new units of higher and better performance.

d) Acquisition, construction, repair and distribution of naval effects, natural fibres, equipment and gear, baits, fuel and oils, sonar, radio and other instruments for navigation and fishing tools.

e) Acquisition and construction of industrial cold installations, applicable to fishing, and any service with it related.

f) Acquisition of embryos and specimens for the repopulation of nurseries and water reserves and the exploitation of natural and artificial banks.

g) Acquisition and cooperative use of prospective, scientific and oceanographic research vessels.

h) And in general, how much shop to facilitate the partners ' fishing activities, and sa industrialisation, transport and marketing, even to the consumer.

Two. The cooperatives of the Sea may include, as a secondary end of the Society, the acquisition and supply of goods and services for the consumption and use of the cooperators and their family members.

Article 100. Craft cooperatives.

One. Craft cooperatives shall be classified as co-operatives for the production, production or disposal of works or craft products; for the purchase and processing of raw materials or, in general, for the processing of auxiliary operations and complementary to its artisan activity, as well as the services of common interest to the partners.

Two. For this purpose, the status of craftsman shall be credited by the possession of the Artisan Charter or the corresponding legal title.

Article 101. Credit Unions.

One. They shall be classified as Credit Unions which are constituted to serve, directly or through other lower-grade Credit Unions, the purposes of the Cooperative Entities of other classes and their members, and may to allow funds to be imposed and to arrange for savings, as well as to grant advances, loans, credits and discounts, to make payments and payments on behalf of their partners or other cooperatives, to provide them with necessary Banking services and to verify any other operations that are complementary to the above or serve the best compliance with the objectives that the Cooperative must meet with respect to its partners.

Two. These cooperatives, which may also be part of other Credit Unions, may only carry out active operations with their partners and the individual members of the associated Entities, without prejudice to Article 16, two, of the Law, under which financial leasing operations may also be carried out in favour of Cooperatives of other classes.

Three. Within the Credit Union, the Rural Banks, whose main projection is agrarian, will be at the service of the Cooperative Entities of the Field and Agrarian Credit that will form them and their members, without prejudice to the The Agricultural Societies of Transformation in Article 15 of this Regulation.

The Associated Work Cooperatives for exclusively agricultural activities, and their partners, may also be preferably part of the Rural Boxes.

The name of Caja Rural will be proprietary and proprietary to these credit institutions, prohibiting their use to any other, whether or not they are cooperative.

Four. The mandatory reserves of the Credit Union shall be regulated by the rules applicable to the cooperative credit established by the Government, on a proposal from the Ministry of Economy, after the Ministry of Labour, to which the issued to the effect by the Spanish Confederation of Cooperatives.

Five. The provisions of Article 124, number two for the second and subsequent levels, as well as the possibility of a plural vote for the Entities that are partners, with the criteria and limits, shall apply to the Credit Union. identified in Article 51 (3) of this Regulation.

Article 102. Credit Sections.

One. The cooperative credit organization may also take the form of a Credit Section of a Cooperative without legal personality independent of the Cooperative of which it is a party, limiting its active and passive operations to the and its partners. It shall not be entitled to accept deposits from third parties or to grant loans or loans which are not intended to finance the activities of the cooperative in which they are inserted, although they may make advances to the partners on account of those activities and for other operations functionally related to them or with unavoidable socio-economic needs of the cooperators.

Two. Cooperatives with a Credit Section may not include in their denomination the expressions "Credit Cooperatives", "Rural Box" or other analogous.

Article 103. Housing cooperatives. Concept.

One. They shall be classified as Housing Cooperatives which aim to provide housing and buildings and complementary works exclusively for their members and their families, being able to acquire, land and develop land and carry out works, works and services that are necessary, including for the direct and personal contribution of the work of its partners. Where the construction works are not directly carried out, they shall be awarded in accordance with the rules set out in the social statutes or agreed in a general assembly expressly called for. They may include in their purposes the conservation and management of common housing, elements, areas or buildings, and the creation and provision of complementary services.

They may also carry out activities that are antecedents or consequential to the previous purposes.

Two. The existence of business premises, urbanisation or equipment and complementary services, within the limits authorised by the Technical Ordinance and other implementing rules according to the legal-social status of the dwellings obstinate to the consideration of the cooperative as such.

Three. The Housing Cooperatives may be at the provincial level as the maximum.

Four. No one may be a partner at the same time as two or more Housing Cooperatives in the same locality, with the exception provided for in Article 105 (3) of this Regulation.

Article 104. Execution by phases.

One. In cases where constructions are scheduled at different stages or for different sites, the General Assembly shall establish the programme and order for implementation thereof, at the end of which this point shall be clearly and appropriately stated. separation in the call and corresponding order of the day. The Statutes shall lay down the quorum and majority requirements.

Two. In addition, the statutory rules may provide for and regulate that the construction of each phase or block shall be carried out with separate management autonomy and assets affected to this object, without the non-integrated partners in each of the promotions being they are held accountable for the economic management of the others, provided that they meet all the requirements of Article 4. No. 3 of the Law. In any case, they must be kept separate accounts, without prejudice to the general of the cooperative. Where the use of this possibility is made, it shall be made prior and expressly to the third parties with whom it is to be contracted.

Article 105. Cession of the right to housing.

One. The use and enjoyment of the dwellings may be awarded or transferred to the partners by means of any title admitted in law. Consequently, the property of the houses may be retained by the Cooperative, or transmitted to the partners. The development rules will regulate the characteristics that make up the formulas for the use and enjoyment of the dwellings. In any event, the transfer or permuse of the rental right or use between partners of the Housing Cooperatives shall be possible, in accordance with the order of seniority between the partners.

Two. The system of award or distribution between the members of the dwellings incorporated under a cooperative scheme must be entered in the Statute or agreed in a general assembly, subject, in any event, to the principles and characteristics of the cooperation.

Three. No one may be the holder of more than one cooperative housing, at the same time and in the same locality, except for the rights recognised for those persons who have the status of large families.

Article 106. Transfer of rights to third parties.

One. The partner who before acquiring the full property of the dwelling and, in any case, before the end of five years, unless the Statutes point out another superior, from the date of the granting of his/her habitability or document The law of the Court of Law of the Court of Law of the European Parliament of the European Parliament of the European Parliament of the European Parliament of the Council of the European Union seniority, the rights and obligations of the former must be subrogated. The list of expectant partners must be included in the Cooperative's bulletin board and in the corresponding special book to be carried by the Cooperative.

The amount actually disbursed by the partner, increased, if any, with the revaluation that you have experienced according to the Consumer Price Index, will constitute the price to be paid by the successful partner. If, within three months, the right of acquisition or use between members is not exercised, on housing, the Governing Council shall be deemed to authorize the disposal of a stranger with the price limitations set out above.

Two. For the purposes of ensuring the rules laid down in the preceding number, the Statutes may fix as a minimum duration of the Cooperative, the precise time to individually award the housing to the partners, and five years more to count from the granting of the final qualification, habitability or document which is legally substituted for them.

In case of non-compliance by the partner of the obligations assumed with respect to the Cooperative, in accordance with the previous number, the Rector Council may or may exercise appropriate actions to recover the property or the possession of the housing or to require the partner, for ransom of the eventual surplus value, the 20 per 100 of the price perceived by the house, priced by the Ministry of Public Works and Urbanism, except that the seller proves to the judgment of the Cooperative, which paid another lower, in which case this will be the amount taken as the basis of the penalty societaria, without prejudice to the relevant functions of the ministerial department.

When the housing you intend to dispose of has not passed in full ownership to the partner, the penalty will tax the outstanding amount.

In any event, failure to comply with the above obligations may be reported to the Labour Inspectorate for the purposes of the proposal for an administrative fine and without prejudice to the liability for non-compliance. of the Cooperative Society contract.

The covenants of any kind that tend, directly or indirectly, to defraud the above rules, will be void, and the party that contracts with the infringing partner will be responsible in solidarity with that one for the following concepts: Corporate sanction, the return of any type of aid or official grants received by the partner or the Cooperative for the partner's housing, and when the Housing Cooperative is fiscally protected, all taxes that, If applicable, the partner would have to pay if the Entity had not held this rating fiscal.

Three. The amount of the corporate sanction will be entered in the Education and Social Works Fund of the Cooperative.

Article 107. Destination of local yields.

One. If the commercial premises or complementary buildings constructed by the Cooperative are liable to produce income, their amount shall be devoted to the common costs of conservation, maintenance and improvement of the dwellings to which they belong and, it exceeds, to the amortisation of the economic benefits obtained from official Entities for the promotion of the dwellings.

Two. In the case of the disposal of the premises, where the result of their sale has not been included in the financing of the dwellings, the amount obtained shall be proportionally reduced by the price of the dwellings, and where they have been transferred to the lease partners, the amount of that sale will have the intended destination at the previous number.

Three. In both cases of lease or disposal, respectively, such income shall be deducted in advance from the percentages which are legally or legally applicable to the Reserve and Social Education and Works Funds.

Four. The above rules are applicable unless statutory provision is established as a single destination for the income earned in any case from the Education and Social Works Fund.

In compliance with the provisions of this paragraph and in the previous paragraph, it shall allow the criteria and limits set out in Article 10 (2) of this Regulation to be met.

Five. The provisions of the above provisions are without prejudice to the powers of the Ministry of Public Works and Urbanism within the meaning of the sectoral legislation applicable to the activities of the Housing Cooperatives, and of the limitations established by the specific legislation under which the construction of the dwellings and those imposed by the rules of the horizontal property are carried out, as soon as they are applicable to them.

Article 108. Associate Work Cooperatives. Concept.

One. They will be classified as Associate Work Cooperatives, which will associate primarily and typically with workers organized in Companies or collectively, by means of their staff, to execute works, tasks or services for third parties.

Two. The loss of the status of partner determines as a consequence the cessation of the provision of work in the Cooperative.

Article 109. Testing period for the admission of workers.

One. The Statutes of the Associate Work Cooperatives may establish for the admission of new members a probationary period, in no case longer than six months, during which the Cooperative and the applicant will be able to resolve their relationship unilateral decision; the possibility that the probationary period may be reduced or deleted by agreement of both parties may also be stated. In any event, the admission agreement may be challenged before the General Assembly in accordance with the terms of Article 19 of this Regulation.

Two. During the trial period, the payment of the revenue share, if any, will be delayed and the capital outlay which the initial and obligatorily must subscribe to the partners in full right until the applicant in the test does not acquire that condition; shall not be entitled to vote or be liable for any economic responsibility for the activities of the Cooperative.

In that period, the applicant shall enjoy the benefits of Social Security, in accordance with the manner in which the Statutes for the working partners would have been chosen, in accordance with Article 111 of the Treaty. This Regulation. You may also be able to attend the meetings of the General Assembly and the Commissions and Committees related to the formation and promotion of the partners and the like, as well as to be entitled to returns, if any.

Article 110. Salaried workers and their admission as partners.

One. In the Associated Work Cooperatives, the number of fixed wage workers shall not exceed 10 per 100 of the total number of members. Apprentices shall not be counted in that percentage.

Two. In any case, the fixed wage worker, with more than one year's seniority, will have to be admitted as a partner if he meets the other requirements, and he so requests within six months to count from the moment he reaches that age. On the expiry of that period, any request for revenue as a partner shall involve the worker with the obligation to exhaust the probationary period laid down by the Statute in accordance with the provisions of the preceding Article, or, failing that, the waiting period for which the (a) the General Assembly, but if it is not admitted as a partner, it shall continue to retain in full the rights which it is entitled to as a salaried worker, unless the inadmissibility is due to acts constituting legal grounds for dismissal provided for in the labour law in force. The status of employee shall be novate in that of the socio-worker, when the consolidation of the latter is achieved.

Article 111. Social Security Scheme.

One. Partners of the Associated Work Cooperatives will enjoy the benefits of Social Security, and the Cooperative can choose between the following modalities:

(a) As assimilated to employed persons in the cases and terms to be set by Royal Decree, on a joint proposal of the Ministries of Labour and Health and Social Security, prior to the report of the Confederation Spanish de Cooperativas.

Such Cooperatives shall be integrated into the General Regime or any of the Special Social Security Regulations, as appropriate, in accordance with their activity.

b) As self-employed workers in the appropriate Special Regime.

Two. Cooperatives will exercise the option in the Statutes.

Article 112. Internal functional organization.

One. The Associated Work Cooperatives will define in their Statutes the basic elements of their internal functional organization, leaving as a task reserved for the General Assembly its development in terms that reach the structure of the structure Enterprise hierarchy and the marking of participation modules in the result of the economic management according to the level of employment, degree of specialization and intensity of dedication of the activity entrusted to the socio-worker. The application of the whole, it will be specific task of the management bodies and all this, without prejudice to the faculties that in the dynamics of production correspond, according to the functional organization adopted to the managerial positions established coordination.

Two. The members shall regularly receive, within a period of not more than one month, advances in employment similar to the average wages in the area and the sector of activity for the various occupational or occupational categories. Such advances are periodic perceptions paid on account of the final results of the economic activity of the Cooperative, and the annual computation shall be at least equal to the interprofessional salary.

These advances, due to the vital needs they cover, will enjoy the same protection guarantees as wage perceptions, except as set out in the previous paragraph.

Three. The lack of coverage during more than two annuities of the interprofessional minimums in annual computation may be a cause of disqualification of the Cooperative.

Article 113. Contentious issues.

One. The contentious issues raised between the Associate Labour Cooperatives and the Socio-worker as such will be resolved by applying, on a preferential basis, the General Law of Cooperatives, this Regulation, other rules of application and development, and the Statutes of the Entity, and shall be subject to the decision of the labor jurisdiction, as provided in the following numbers.

Two. The referral to the employment jurisdiction, which attracts the jurisdiction of its courts, in all its degrees, for knowledge of the issues fixed in a generic manner in Article 48 of the General Law of Cooperatives and in a manner (a) the right of access of the employed worker to the status of a working partner recognised in Article 48 (3) of the General Law of Cooperatives and Articles 20 and 95 of this Regulation; of advances in employment and returns resulting from the end of the financial year, in so far as they are In the case of a social worker or a worker, both at the level of the partner's own volition and by decision of the cooperative, the remedies against sanctions imposed for infringement of social standards may be enforceable. In the case of a worker, a person who is a member of the labour market or a person who is a member of the labour market, or who is a member of the labour market, is a member of the labour market. generic and forward formulation that leads this relationship.

Three. The attraction of competence ordered in the previous issue does not reach the knowledge of the differences arising within the Cooperativas de Trabajo Associated in relation to the turn of the company; to the participation in the social organs of government or control; the deduction of liabilities arising from that participation and those other issues in which the contribution of the partner's work or its effects is not affected, nor the commitment of his rights as a working partner.

Article 114. Special procedure.

One. The processing of the questions referred to in the preceding article shall be accommodated in a special way, subject to the generalizing rule of supply provided for in Article 98 of the current Labor Procedure Law, completed by the Following special precepts:

a) It will be the competent Magistrature to know of these races, the one that is by application of paragraphs 1. and 2. of the article 2. º of the Law of Labor Procedure in force.

(b) Gradual competence shall determine as an appropriate remedy against the judgment of the Labour Magistrate, which corresponds to the text of Articles 153 and 166 of the same Law of Labour Procedure, litigious amount, in the cases in which it refers to the annual calculation of wages, which forms the sum of advances in work and returns from the last financial year.

(c) The demand approach shall require the deduction of a prior request to the Board of the Cooperativa, which shall decide within 15 days, during which the calculation of the time limits for the limitation period shall be suspended or expiration for exercise of actions or affirmation of rights.

(d) Where the actor's request raises disconformity with a judgment given in an internal file, the Magistrate shall agree to his contribution to the proceedings, providing his/her view to the person concerned no less than three days ' time, The above is always the case for judgment.

e) The procedural procedure laid down in Article 11, number two of the General Law of Cooperatives for the expulsion of a partner and the legal route in the sanctioning procedures, referred to in number three of the same article, They will be replaced, in the special procedure that is now regulated and for the only supposed social worker in the Associate Labour Cooperatives, by the rules of procedure contained in the second section, second title, second book of the The Law of Labour Procedure. In this procedure, the notification of the expulsion agreement will replace the delivery of the cease-and-desist letter, and the request to the Rector Council, referred to in paragraph c) of this issue, will interrupt the expiry of the action for the maximum period of 15 days, reserved for the Council resolution.

The failure of the Eesc or the sanction in the measure adopted will allow the Magistrate to set the compensation from the substitution by sanction of lesser entity, resolving in both assumptions on the economic transcendence of the damage suffered during the processing period. In no case shall the readmission of the socio-worker be imposed against the agreement of the General Assembly of Members.

Two. The questions submitted to this special procedure are excluded from the alternative of arbitration to the Federations of Cooperatives and the Spanish Confederation of Cooperatives.

Article 115. Consumer cooperatives.

One. The purpose of this Regulation is to ensure that, on the basis of the information provided by the Member States, the Commission and the Member States of the European Union and the Member States of the Member States of the European Union are responsible for the application of this Regulation. family.

For these purposes, all persons who, for reasons of parentage, dependency or other valid and sufficient link to it, form part of the same household, live under the same roof or constitute a family The only scope of Community coexistence.

Two. They may take one or more of the following forms:

(a) The supply of items of consumption, use, even school, clothing, furniture and other elements of the household or household and the domestic economy, produced by the Cooperative itself or acquired from third parties.

b) Of miscellaneous services, such as restaurants, transport and other similar services.

c) Special supplies such as water, gas, electricity, and sewer.

(d) Söcorros, medical-pharmaceutical assistance, hospitalization and burial and forecasting for benefits to which you do not have the right within the benefits of Social Security.

e) Saving by consumption.

f) Activities and services for the cultivation of free time.

The use of these cooperative formulas will not exempt from obtaining the authorizations, licenses or concessions which, according to the specific regulations, will be obtained, although these will have to take into account the special nature and social function of the cooperative formulas that the State must promote, according to the current Law.

Article 116. Operations of collective interest.

One. Consumer Cooperatives will be able to supply and serve non-partners in the following cases:

1. To public and private entities and to the general public when they do so by competent authority and for reasons of public utility.

2. º When necessary to liquidate balances of items with which they cease to operate or which would be considerably reduced by prolonged preservation.

Two. The excess of the perception of the operations with the non-partners shall in no case be distributed among the partners and shall be applied to the Education and Social Works Fund.

Article 117. Service Cooperatives.

One. The following shall be classified as a Service Cooperative which is not included in any other class of those listed in Article 96. One of this Regulation, industrial associations, professionals and, in general, natural or legal persons who share the same need to carry out operations aimed at the economic, technical and ecological improvement of the activity and exploitation of its partners, such as:

a) Acquire for any title and distribute among its material partners, instruments and all kinds of means of production.

b) Carry out preliminary operations or complete transformations in common.

c) Exercise ancillary or complementary industries to those of its partners.

d) Sell the products obtained by the Cooperative or its partners in the domestic and foreign markets.

e) To carry out, in common, the collection, treatment, purification or disposal of products and residues harmful to nature.

(f) Any other function of guarantee, leasing or similar in a cooperative manner that serves as a complement to or facilitates the economic, social, professional or business activity of the partners.

Two. In this group, the Cooperatives of the Services of Carriers that associate companies-individual or collective-of the branch to carry out some or all of the operations and activities described above will be considered especially classified in this group. in the previous section, concerning the transport of persons or things, or mixed, by any of the natural spaces. These cooperatives, in view of the special services they provide to the community, or as soon as it involves the elimination of costs or the reduction of the various transport operations, through the use of common elements and means of production may benefit from the incentives provided for in this Regulation or from which they are established.

Article 118. Education cooperatives.

One. It shall be considered as the Teaching Cooperatives which are primarily intended to seek the solution of the problem of teaching at its various levels, as well as the organisation of the teaching through cooperative methods. Such Cooperatives shall also be regarded as such that they seek or organise any kind of teaching activity in any field of knowledge and/or technical, artistic, sporting or other training.

Two. Parents of pupils or their legal representatives, and pupils themselves when they are older or emancipated, will be members of the Teaching Cooperatives.

Three. Teachers and other teaching professionals and, where appropriate, the non-teaching staff of the Centre or Cooperative Teaching Centres shall be considered as Associate Labour Teaching Cooperatives. These Cooperatives will apply the rules set out in this Regulation for the Associated Work.

Article 119. School and Youth cooperatives.

One. They will be classified as "School Cooperatives", which, with the aim of instilling the idea of cooperativism among schoolchildren and training them in the practices of the cooperative organization and regime, associate exclusively students of the Centers teaching, of any degree or class, or to young people with the competition of the Directors, Teachers, parents or legal representatives of students and persons who wish to encourage them.

Two. Such cooperatives may, inter alia, carry out the following operations:

a) The acquisition or production of books and all kinds of teaching materials.

b) The acquisition or production of consumer goods and the personal use of the partners to the extent that it contributes to the best and most economical support in the Major Colleges, Minor Colleges, Community Residences, Dining Rooms Students and similar institutions.

c) The organisation of cultural activities, study trips and school holidays.

d) Aid for study, in terms of accommodation, maintenance and transport.

e) Information, guidance and processing of matters of student interest.

f) The small-scale practice of all forms of cooperation at their fingertips.

Three. No more than one School Cooperative may be created for the same purpose for each Center. However, students enrolled in different centres will be able to cooperate together for the best and most extensive fulfilment of their object. In such a case, the Federation concerned, heard the Associations of Parents of Alumni, will propose the terna for the functions of tutor and depository of funds.

Four. The School Cooperatives shall always be of limited liability and shall operate the following special conditions:

(a) The existence of a guardian, who shall appoint the Company, after election of the General Assembly, before a third party who among the staff of the Senior Center proposes the cloister, who shall automatically be a party, with voice and the right of suspension of agreements, of the Governing Council and of the General Assembly, to whose meetings it shall attend. Against the suspension agreement, the Cooperative will be able to raise consultation, within 15 days, to the Ministry of Labour that will decide, after the report of the Spanish Confederation of Cooperatives.

(b) Existence of a depositary of funds, which may or may not be a member of the general assembly, but the accounting and ancillary services shall be carried out by the Governing Council.

(c) To supplement, where appropriate and as soon as necessary, the insufficient capacity to act of the component members of the governing bodies, the representation of the Cooperative, in its relations with third parties, the guardian and the Jointly and severally, with the powers, obligations, responsibilities and incompatibilities established by this Regulation in respect of the Governing Council of Cooperatives.

d) Those who promote or protect, without being partners, the School Cooperatives will be able to take part in the operations of the Cooperative, but not for their own advantage.

Five. The children, students of the legally established teachers ' centres, will be able to be part of the School of School of the corresponding Centre and, therefore, participate in their governing bodies, whatever their age, but in the writing of The constitution must be provided by those who, with sufficient legal capacity, are students or representatives of the students in the minimum number required by the law. The report of the Director of the Centre or the establishment of education shall be accompanied by a mandatory file.

For the purposes of capacity, it shall be sufficient to appear in the book of registration of partners that is the condition of being a student of the respective Center, except that the opposition of the parents or legal representatives is expressly stated of the child, or of the Federation of Cooperatives in the case provided for in number three of this article.

Six. The Directors and Teachers of the Teaching Centres formed mainly by children or adolescents may promote the constitution in the respective Centre of a Grouping made up of the students who voluntarily adhere, without formality in order to inculcate among themselves the ideas and practices of cooperativism, seeking to observe for the functioning and activities of the Grouping the provisions of the School of School as soon as it applies to them.

The same ability to create Pre-Cooperative Pools will be the responsibility of the corresponding Federation of Cooperatives, in accordance with the provisions of this precept.

When the relations of the Grouping with third parties in the development of their cooperative activities become relevant, it must be constituted in Cooperativa de Escolares endowed with legal personality, with observance of the requirements in the General Law of Cooperatives and in this Regulation.

Article 120. Special Cooperatives.

One. In this group, the Cooperativas of the Disabled, both specialized and multifunctional, will be classified, provided that at least 75 per 100 of its members are disabled qualified as such by the Provincial Units of Valuation Disabled persons, dependent on the Ministry of Health and Social Security.

For the incorporation of the constitution and other fundamental acts in the life of these Cooperatives that must have access to the Cooperative Registry, the previous favorable report of the Provincial Cabinet of the Service of Recovery and Rehabilitation of the Disabled of the said Department, without prejudice to the other procedures that correspond, in accordance with this Regulation; that report, in addition to clarifying how many ends of its competence the Register of Cooperatives, will decide on the desirability or the need for the projected Entity has its own and exclusive medical service, or arranged and shared with other analogous Cooperatives, directly or through the Unions that can be constituted, as well as on the suitability of the facilities, work, services, benefits, rehabilitation programme and similar actions of each Entity, data which the promoters or rectors must present in a Memory together with the application for the constitution or registration of the corresponding agreement.

The convocation of the General Assemblies of this class or group of Cooperatives must be communicated, at the same time as the partners, to the Cabinet of the SEREM and to the Register of Cooperatives where the Entity is registered, to the object that the authorities concerned appoint officials of technical level to advise the assistants and to verify the degree of compliance of the own ends of the Entity; singularly the social and cooperative promotion of the disabled cooperators, through adequate social motivation and progressive rehabilitation professional of the same.

Two. Companies or cooperative public services companies integrated, in whole or in part, by the entities referred to in Article 8 (3) of the Law, shall also be considered to be included in the group of Special Cooperatives. General of Cooperatives, as well as the Cooperatives founded by those entities to meet the basic needs of public employees providing services in such entities and which may also be in the interest of the community to which serve.

Implementing rules or, where appropriate, those which serve as a means of promoting such Societies may detail the basic and functional characteristics of such Societies, the Statute of which shall be characters and provisions of the aforementioned law; the allocation of votes to each public body may be in accordance with the criteria of Article 25, 1, b) of that Law, in accordance with the nature and nature of the service to the public authorities and without prejudice to the observance of the function and principles of the cooperative, according to the Articles 1 and 2. of that legal standard.

Article 121. Trade cooperatives.

Trade Unions shall be classified as those formed by traders, wholesalers or retailers, or holders of hospitality undertakings or who develop any of the activities of the same, to develop in common (a) how many operations and activities involve an economic and technical improvement of the activity and exploitation of its partners, being able to exercise ancillary or complementary industries of its partners, as well as any other function that is antecedent; complement or consequence of the activity of the same.

Article 122. Insurance mutuals promoted by Cooperatives.

The cooperatives will be able to create insurance mutual societies, from which only the partners of the Creators can be mutualists. These Mutualities shall be subject to the Law on the Ordination of Private Insurance and Supplementary Provisions, applying as a supplement to the provisions of Title I of the General Law of Cooperatives and concordant rules.

CHAPTER XI

Branches and types

Article 123. Differentiation criteria.

One. Without prejudice to the provisions of the previous chapter on classes or groups of cooperatives, the latter, given the extent of their social object in accordance with Article 1 of the Law, may be differentiated by the Ministry of Labour in branches and types, taking into account the economic sector in which they operate, the single or main activity they develop and the service or product on which they are designed, in order to facilitate the best fulfilment of their aims, the defence of their interests, and the possibilities of organization of the cooperative movement.

Two. The provisions of the preceding number are without prejudice to the rules which may be imposed in order for appropriate statistical processing of the data in the cooperative sector.

CHAPTER XII

Cooperative Groups and Concerts

Article 124. Cooperatives of second and subsequent degrees.

One. Cooperatives may be voluntarily associated with each other in Cooperativas with limited liability, second or subsequent degrees, for the fulfilment, service and development of general and common purposes or interests.

In such Cooperatives, they may be appointed to fill the positions of the Account Controller and the Partners of the associated Cooperatives.

Two. The General Assembly shall be the social body competent to agree to the creation of second and subsequent cooperatives or to join an already constituted, by a simple majority of the assistants, the Statute being able to set the minimum quorum for the valid constitution of that Assembly, on whose agenda it shall be clearly stated and separated this subject.

Article 125. Associations and concerts.

One. Cooperatives may celebrate with each other, or with other persons and entities, concerts for exchanges of services, raw materials, products and goods, training of compensation funds, establishment of a single management in the concerted operations and any other acts or operations that facilitate or ensure the achievement of cooperative purposes.

Two. Cooperatives, in any case, may be associated with other natural and legal persons, as well as having participation in them for the best fulfillment of their aims. The surplus produced to the Cooperative by the association with the participation in commercial companies, will necessarily be integrated into the Fund of Mandatory Reserve.

Three. Where the Cooperatives are associated or have a responsibility for each other, the partners of each of them may enjoy the services and operations of the others without prejudice to the mutual and equitable assistance between the members of each Cooperative and the strict compliance with the cooperative principles.

Article 126. Encouragement to cooperative associations and concerts.

The State will favor the Associations and Concerts of the Cooperatives, provided for in Articles 123 and 124 of this Regulation, in order to eliminate the unnecessary steps of intermediation, in its different phases, in the interest of the Community in general and the cooperating partners in particular.

TITLE SECOND

From the promotion and development of the cooperative movement

CHAPTER FIRST

Social Value of Cooperation

Article 127. State and cooperation.

The State assumes as a function of the social interest the promotion, encouragement, development and protection of the cooperative movement, and its Entities, in all its forms.

CHAPTER II

From Public Administration and the Cooperative Movement

Article 128. Administrative action.

One. The State shall act in the cooperative order, in general, through the Ministry of Labour, without prejudice to the powers conferred on the other ministerial departments in relation to the fulfilment of their specific legislation.

Two. In accordance with the provisions of Article 58, two of the General Law of Cooperatives, the State shall provide the Ministry of Labor with the necessary resources and services for the performance of its functions in the field of Cooperatives. The structure and operation of these services will be fixed by Decree, on a proposal from the said Department (Article 38 of the General Law of Cooperatives).

Article 129. Disqualification of the Cooperative.

One. The Minister of Labour, and with respect to the Credit Union, the Minister of Economy, may agree on their own initiative, or at the request of the Cooperativa, other Ministries, the Spanish Confederation of Cooperatives, or the Federation of Cooperatives, the disqualification of the Cooperative Entity as such by any of the following causes:

a) Lack of any of the essential requirements required to qualify as a Cooperative within the meaning of the General Cooperative Law.

b) Serious and repeated violations of the General Law of Cooperatives, of this Regulation and other implementing and development rules, as well as of the Statutes.

c) Inactivity of the Cooperative organs for more than three consecutive years, and the cessation of the cooperative activity, during the same period, without justified cause.

d) Dealing with Associate Work Cooperatives, incurring the alleged typified in Article 112, number three, of this Regulation

Two. When any of the causes provided for in the preceding number are present, the Administration must require the Cooperative to comply with the minimum legal requirements within a period of not more than six months; if the requirement is disregarded, shall proceed as indicated in the following number.

Three. The administrative decision of disqualification shall always be motivated, and shall require the instruction of the appropriate file, with an audience of the interested Entity and report of the Spanish Confederation of Cooperatives, which will issue it in the term of twenty days. If it has not been issued within that period, it shall be evacuated. The resolution, which shall have the effect of ex officio registration, shall be reviewable on a judicial-administrative basis, and if recourse is made, it shall not be enforceable until the final judgment is delivered.

Four. Disqualification, once firm, implies the dissolution of the Cooperative.

Five. The provisions of the foregoing numbers are without prejudice to the right of the Registrar of Cooperatives to reclassify a Cooperative either at the request of the Cooperativa or by agreement to modify the social object, either ex officio or the result of an official check which shows such a change in fact, or an error in its previous classification, provided that in any case the actual content of the social object requires the classification of the Entity in another group other than that in the that was initially enrolled.

In the second scenario, this will also lead to the opening of the appropriate penalty file for a serious misconduct.

Article 130. Cooperative inspection.

One. The inspector's role in the enforcement of the cooperative legislation, as such, will be exercised by the Ministry of Labour, through the National Labour Inspectorate, in accordance with Law 39/1962.

Two. The penalties resulting from such a function shall be effective regardless of those which may correspond to the infringement committed by the Cooperative in respect of the observance of the specific legislation applicable to it by reason of its object. The Ministry of Social Affairs, whose surveillance will be the responsibility of the Ministry's competent department.

Three. In accordance with the provisions of Article 80 of the General Law of Cooperatives, the Bank of Spain is responsible for the inspection of the financial activities of the Credit Union. It is also up to the Ministry of Economy to impose penalties for non-compliance with such legislation.

Article 131. Sanctioning procedure.

One. The processing of penalties for failure to comply with the cooperative legislation as such shall be carried out in accordance with the special administrative procedure for the imposition of penalties for infringement of social laws and for the Social security contributions, adopted by Decree 1860/1975 of 10 July 1975, without further amendments than those contained in this Regulation. For the rating of the facts, where appropriate, a report from the Ministerial Department relating to the activity of the affected entity shall be obtained.

Two. The sanctioning procedure may be initiated at the request of the Spanish Confederation of Cooperatives in the exercise of the functions that they legally correspond to.

Three. Where it is necessary to determine the possible injury caused by the alleged infringement of the cooperative movement, the authority to be resolved shall request a report on this particular to the relevant Territorial Federation of Cooperatives; the infringing Entity has scope superior to that of the wider Federation corresponding to its domicile, the report must be obtained from the Spanish Confederation of Cooperatives.

Article 132. Fouls.

One. The Cooperative Entities shall be held liable for actions and omissions involving non-compliance with the obligations established by the General Law of Cooperatives, this Regulation, the other implementing and development rules or the statutory.

Two. Minor infractions will be considered:

(a) Haber transferred the Cooperative from its registered office to place other than that registered in the General Register of Cooperatives without proceeding to the registration of this circumstance.

(b) Not meeting the Governing Council with the statutory periodicity established or, at least, once a month.

c) Do not carry in order and daily, for time not exceeding four months, the books of accounts that the Cooperative is required to carry in due form.

d) Not to provide the Cooperative in the form and deadlines established for the documents and data that must be sent to the Ministry of Labour.

e) Not to make employee participation in the positive results of management effective, within the time limit set in this Regulation.

Three. Serious infringements shall be considered:

(a) Not to carry, existing Juntas, groups or sections within a Cooperative, independent accounting, without prejudice to the general of the Society.

b) Not to include in the name of the Company the words "Cooperative Society" or its abbreviation " S. Coop. ", or do not express the liability class of the same.

c) Deny the partners information about any aspect of the Cooperative's march that they may demand.

(d) Not to account for the General Assembly, the Governing Council, the cessation of the Director and his motivation.

e) Agreed to the Governing Council to expel a partner without observing the procedure established for this purpose.

(f) Acquire the Cooperative, for consideration, social parts of its own capital, or accept them as a pledge.

g) Exede the total sum of the social parts of the set of the associates of the third part of the share capital.

h) Do not conform to the provisions of this Regulation regarding deductible expenses to obtain net surpluses.

i) Not to allocate to the Mandatory Reserve Fund and the Education and Social Works Fund the amounts to be nurtured in accordance with this Regulation.

j) Not to convene the Governing Council to the General Assembly, in time and with regulatory formalities.

k) Do not appoint a representative of salaried workers to the Governing Council when the Cooperative is obliged to do so.

I) Not to have renewed the Rector Council charges, where applicable.

ll) Re-elect the positions of the Rector Council without observing the limits and guarantees established in a statutory manner under Article 51, two, of this Regulation.

m) Not having appointed the General Assembly to the Controller or Controller of Accounts.

n) Not to present the Directorate to the Governing Council, in time and form, the quarterly report on the economic and social situation of the Cooperative, nor the explanatory memorandum on the management of the Company, the balance sheet and the account results of the exercise.

n) Not to present the Financial Controller or Financial Controller to the General Assembly, in time and form, the detailed report on the explanatory notes on the management of the company, the balance sheet and the results and those other documents which must be submitted to the Assembly for approval.

o) Not to carry in order or to the day the books of compulsory accounting, for a period of more than four months, without passing from eight, counted from the last seat practiced.

p) To bring the Cooperative another system of documentation other than the official books referred to in Article 40 of the General Law of Cooperatives and Article 70 of this Regulation.

q) To carry the Credit Union by system other than that of double departure, without the prior authorization of the Ministry of Labor.

r) Do not add the Cooperative to your name the words "in liquidation" when you are in that phase.

s) Not to have been observed in the liquidation of the intended formalities.

t) Exede the number of fixed wage workers in the Associate Work Cooperatives from 10 per 100 of the total number of partners.

Four. Serious infringements will be considered:

a) To fully or partially use the denomination or the Cooperative form to cover speculative purposes or contrary to the principles of legally established cooperation.

b) Exede to the value of a partner's share in the share capital of one-third of this or, in the second-or subsequent-grade Cooperatives, of 45 per 100.

c) Abonar an interest in the contributions of the partners to the social capital higher than the basic interest rate of the Banco de España, increased by three points.

d) Make effective cooperative returns.

e) Issue the Cooperative Convertible Obligations in Social Parts.

f) Do not apply the Education and Social Works Fund to the statutory and statutory purposes.

g) Repartitioning between the partners the compulsory social funds, or the resulting liquid, without prejudice to the alleged provision for the Compulsory Reserve Fund in the number one of Article 20 of the General Law of Cooperatives and in Article 81 (5), number five of this Regulation.

h) To credit the partners with the cooperative return in proportion to the contributions of the same to the social capital or to do so for reasons other than the operations, services or activity carried out by each partner in the Cooperative.

i) To carry out the acts for which the agreement of the General Assembly is mandatory, without counting on it.

j) Conduct the Directorate acts of provision relating to real rights, sureties or endorsements, with respect to the cooperative patrimony, without the express authorization of the Governing Council.

k) Do not take the mandatory accounting books in order and up to eight months in order.

l) To satisfy the partners at the end of each economic year a higher interest than the satisfaction of the contributions of the partners to the capital increased by two points.

ll) Admit the Cooperative as partners to those who cannot be legally or statutory.

m) Failure to accredit social parts in nominative titles.

n) Do not carry in order and daily: the Book of Registration of Partners, the Book of Social Parties or titles, the Book of Acts of the General Assembly, the Rector Council and, where appropriate, that of the Preparatory Boards.

n) Do not preserve the Cooperative books and other documentation that it is required to carry, for five years, counted from the last recorded entry or entry.

Article 133. Faults imputable to the owners of the organs of the Cooperative.

One. The owners of the governing body, Accounts Controller, Liquidators, Directors or Managers of the Cooperative Entity shall be liable for the actions or omissions that result in non-compliance with the obligations laid down in the Law. General of Cooperatives, this Regulation, other implementing and/or statutory rules and which are personally imputable to them.

Two. In any case, they may give rise to imputation of liability and consequent penalty:

(a) To the Governing Council, the assumptions set out in paragraphs (b) and (c) of number two; (d), (i) and (k) of number three, and (i) of number four of the previous Article.

(b) to the Financial Controller (s), the case referred to in paragraph (n) of the preceding

.

c) To the Address, the assumptions set out in paragraphs (n) of number three, and (j) of the number four of the previous article.

(d) to the Liquidator or Liquidators, the assumption set out in paragraph (s) of the previous Article 3 (s) and that provided for in Article 81 (3) of this Regulation.

Three. In the other cases of Article 132, the Cooperative Entity shall be responsible as such a legal person, unless it is established in the file that the corresponding agreement and social act was decisively predetermined by reports or proposals. (a) the holder of the duties referred to in the preceding number, in which case the liability shall be jointly and severally on the part of the Cooperativa, without prejudice to any subsequent internal remedies which may be carried out between the two centres of imputation.

Article 134. Graduation from fouls.

The infringements listed in Article 131 of this Regulation as minor, serious and very serious, shall be punishable by a minimum, medium and maximum degree, depending on the number of social members concerned, the damage caused to them and the cooperative movement, economic importance of the Entity, social impact, conduct observed by the entity in order to comply with the cooperative legislation and other circumstances that may mitigate or aggravate the offence committed.

Article 135. Penalties.

One. The fines, according to the seriousness of the fault, shall be imposed, on the proposal of the Labour Inspectorate, by the provincial delegates of the Ministry of Labour, up to a hundred thousand pesetas; by the Director-General of Cooperatives and Community Enterprises, up to five hundred thousand pesetas.

In the case of recidivism, the fines provided for in the preceding paragraph may be doubled by the authority to whom it corresponds according to the resulting amount. The Minister of Labour will be able to sanction fines of up to one million pesetas.

There will be recidivism when an analogous violation is committed to which the previous sanction has been motivated within three hundred and sixty five calendar days following that of the notification of this.

In case of very serious or serious and repeated misconduct, the Council of Ministers, on a proposal from the Labour Party, may impose a fine of up to five million pesetas.

Two. Minor faults shall be punishable by fines, in their minimum degree, from 500 to 1,000 pesetas; in their average grade, from 1,001 to 2,500 pesetas, and to their maximum degree, from 2,501 to 5,000 pesetas.

Serious misconduct will be punishable by fines, to a minimum degree, from 5,001 to 25,000 pesetas; in its average grade, from 25,001 to 50,000 pesetas, and to its maximum degree, from 50,001 to 100,000 pesetas.

The very serious faults will be sanctioned with fines, in their minimum degree, from 100,001 to 200,000 pesetas; in their average grade, from 200,001 to 300,000 pesetas and to their maximum degree, from 300,001 to 500,000 pesetas, extendable up to 5,000,000 Pesetas when proposed to the Council of Ministers.

Three. Minor faults committed for the first time and with proven ignorance or without prejudice to the third party shall only give rise to a warning record in which the faults are recorded, as well as the sub-sancatory measures to be taken by the Entity within the time limit specified, under the warning that if they are not corrected within the same one will proceed to extend the corresponding act of infringement.

The Acting Inspector may also extend warning minutes where the faults observed do not infringe upon the basic principles or characters of the cooperation, against the typical and indomitable functions of the organs necessary social or essential rights of the cooperators.

In any case, the warning act under such a name will be entered in the Work Inspection Visits Book.

Article 136. Other applicable measures.

One. In addition, or in lieu of the penalties provided for in the preceding Article, where the circumstances and the significance of the facts in question so require, they may be adopted, subject to the report of the Labour Inspectorate, following measures:

(a) The temporary intervention, under the State functions that are recognized in Articles 52 and 58 of the Law. This is without prejudice to the final decision to be taken in the sanctioning file where the opening of the file is proceeding.

(b) Emotion of the holders of the governing bodies, directors, fiscalisers or managers, whether or not together, with the temporary intervention of the Entity, which shall have the same character and scope as that referred to in paragraph (a) of this number.

c) Dissolution of the Entity by disqualification.

Two. Temporary intervention may also be agreed upon at the request of the Rector Board or the Financial Controller. Also, where a number of partners represent 10 per 100 of the total or in the case of Cooperatives with less than 500 members, 20 per 100 of the total; in the latter case, the representation body of the Cooperative and report the Federation or the Confederation, according to the scope of the Cooperative affected.

Three. The intervention will be agreed upon, subject to the appropriate file, by the Director-General of Cooperatives and Community Enterprises. The dissolution of the Cooperative by disqualification, as provided for in Article 59 of the General Law of Cooperatives, will be agreed by the Ministry of Labor.

The removal of the owners of government organs, directors, fiscalizers or management will be agreed upon by the Council of Ministers, on a proposal from the Labor Party, after a report by the public body of the cooperative federalism that corresponds, as indicated in paragraph 2.

Article 137. National Cooperative Coordination Commission.

One. The National Cooperative Coordination Commission is the advisory body, coordinator and adviser in the public sector for all activities related to the cooperative movement, in accordance with the General Law of Cooperatives and the Regulation. The performance of how many public bodies have competence related to the development of cooperativism must be coordinated through this National Commission.

Two. The National Cooperative Coordination Commission, based in the Ministry of Labour, shall be composed of the following members:

President, who will be the Minister of Labor, and Vice President, the Undersecretary of this Department.

Vowels, who will be, in addition to the General Technical Secretaries of all the civil ministries, the following: The Deputy Governor of the Bank of Spain, the Director General of the Registers and the Notary, the Director General of Tributes, the President of the Social Institute of the Navy, the Director General of Agricultural Training and Extension, the Director General of Consumption and the Market Discipline, the Director General of Trade Management and the Director General of Cooperatives and Community Enterprises; representing the Spanish Confederation of Cooperatives: the President of that Confederation and, at least, as many members as proposed by this Body as classes of Cooperatives are constituted within it, the Secretary General of the Patronato de Protección al Trabajo, ten Vocals of free designation by the Minister of Labour, five of them on the terns proposed by the Spanish Confederation of Cooperatives, and a representative for each of the agencies that this own National Commission or the Minister of Labour consider to include.

Three. The National Cooperative Coordination Commission may operate in full or in a permanent commission and constitute in its own position, Ponences or Work Commissions, which may be temporary. The Permanent Commission shall be chaired by the Undersecretary of the Ministry of Labour, who may delegate to the Director-General of Community Cooperatives and Enterprises, and shall be the Director-General of the Registers and the Notary; Technical secretaries of the Ministries of Economy, Finance, Labor, Industry, Commerce and Tourism and Public Works and Urbanism, the President of the Spanish Confederation of Cooperatives and three members of the same, as well as three of the those of the free designation group by the Minister of Labour.

The Work Commissions will be integrated by the Vocals designated by the President of the National Commission on the proposal of the Permanent Commission and those other persons whose collaboration is deemed appropriate by their knowledge and experience. They shall have the status of working bodies responsible for the preparation of reports, which shall be submitted to the Standing Committee and, where appropriate, to the plenary.

Four. Within the National Cooperative Coordination Commission, a Secretariat shall be constituted as a technical and functional body, acting on the orders of the Presidency of the National Commission and, where appropriate, the Chair of the Permanent Committee, as appropriate. The Deputy Director-General of the Cooperative Legal Regime, Head of the Secretariat, shall be the Secretary of the Plenary and the Permanent Commission.

Five. The plenary session of the National Cooperative Commission is held:

(a) Act as an advisory body to the Government in the field of economic, financial and social policy in respect of Cooperatives and the cooperative movement.

b) Coordinate the various actions that affect the promotion, encouragement, development and protection of the cooperative movement and of the Cooperatives in all its forms and in a special way to the current or future benefits of all order linked to those purposes.

c) Issue proposals, recommendations, or motions to the Ministry of Labor and other ministerial departments, Agencies, Entities and Sectors in matters of their competence.

(d) Propose to the Government, in order to obtain due coordination, the approval of existing adjective and sectoral provisions as soon as they can affect the legal regime established in this Regulation.

e) Propose to the Government the most suitable economic sectors, zones and calendars to make the mandate contained in Article 50, four, of the General Law of Cooperatives effective.

Six. The Permanent Commission is responsible for:

(a) The study and preparation at the technical level of the concrete guidelines that enable the full development and improvement of social policy in the field of cooperativism.

b) The prior knowledge of ongoing actions or in the project of realization by the Public Sector Organizations or Entities related to cooperative development and their coordination in view of achieving the maximum effectiveness of such actions or the impulse of which, in this order, are considered to be appropriate.

(c) The issuance of opinions and reports, proposals and recommendations for the promotion, education, training and development of the principles and techniques of cooperativism and, in general, the preparation of the background and studies to be carried out by the plenary of the National Commission.

Seven. The plenary session of the National Cooperative Coordination Commission will meet preceptively once a year and whenever it is convened by its president. The Standing Committee shall meet as many times as convened by its Chairman.

Eight. The Ministry of Labour may lay down detailed rules for the development and interpretation of the regulatory standards referred to by this National Commission.

First disposition first.

The Ministry of Labour will dictate the rules for the implementation and development of the General Law of Cooperatives and this Regulation, being empowered to clarify and interpret them in accordance with the provisions of the final provision first, number two, of that Law. When these rules affect the principles of cooperation or the structure and functions of the cooperative movement, the Spanish Confederation of Cooperatives must be informed in advance.

Final disposition second.

In application of the provisions of the third Royal Decree 2508/1977 of 17 June 1977, the Ministry of Labour will dictate the rules for the application and development of Chapter II of Title II of the General Law of Cooperatives within two months, from the definitive constitution of the new Federations and the Spanish Confederation of Cooperatives, provided for in that Royal Decree.

VIGENCIES TABLE

One. As soon as they are opposed to Law 52/1974 of 19 December 1974, General of Cooperatives; Royal Decree-Law 31/1977 of 2 June; Royal Decree 2508/1977 of 17 June, and this Regulation, the following provisions:

1. The Law of Cooperation of 2 January 1942, as soon as the provisions of the first transitional provision of Law 52/1974 of 19 December 1974, General of Cooperatives, governed as a rule of character regulatory of the same.

2. Decree 2396/1971 of 13 August, for which the Cooperation Regulation was adopted.

3. Decree 2566/1971 of 13 August on Social Security of the workers ' partners in production cooperatives and their complementary rules.

4. Article 10.2 (g) and concordant of Legislative Decree 2065/1974 of 30 May, which approved the recast text of the General Law on Social Security.

5. Articles 8. º and 14.2 of Decree 1860/1975 of 10 July, approving the administrative procedure for the imposition of sanctions for violation of social laws and for the settlement of Social Security quotas.

6. The other provisions of equal or lower rank to those invoked in the initial paragraph that contradict precepts of imperative character of these.

Two. However, the Cooperatives whose members are holders, whatever their basic legal title, of land or livestock, and whose social object is the common exploitation of the field and related activities, whether or not they are constituted until the special scheme provided for in the fifth final provision of Law 52/1974 of 19 December 1974, is governed by the cooperative provisions mentioned in the preceding number and in that Law.

Three. They are amended and completed to the extent necessary to accommodate them to the provisions mentioned in the first paragraph of the number one of this table of vigencies the following rules:

1. Articles 12 and 19 of Decree 2122/1971 of 23 July, which the Rules of Procedure give the Labour Inspectorate.

2. Article 15, in its numbers 2 and 4.1 of Decree 1860/1975, cited in paragraph 1, paragraph 5.

3. The Order of the Ministry of Trade Union Relations of 21 July 1975, which approved the provisional Statutes of the primitive National Federation of Cooperatives.

First transient disposition.

The files initiated from the entry into force of the Law and until the validity of this Regulation will continue to be processed in accordance with the procedural provisions that are applicable according to the Law and its rules of development, in accordance with the first transitional provision of that development.

Second transient disposition.

One. Cooperatives formed prior to the entry into force of this Regulation shall choose to adapt their Statutes to the provisions of the General Law of Cooperatives and to this Regulation or to constitute civil or commercial corporations.

Two. The Co-operative shall hold a general assembly to decide on the exercise of the option within six months of the entry into force of this Regulation; after that period without having adopted any agreement, it shall be understood that: continues as a Cooperative, without prejudice to the possible renewal of the Company's decision-making and audit charges, in accordance with the provisions of the last paragraphs of this number two.

The agreement to become a civil or commercial company will require a favorable vote of two-thirds of the members present or represented, who may not be less than half of the members of the cooperative.

In the same General Assembly that will choose to continue as a Cooperative, the adaptation of the Statutes to the new legality may be approved, in accordance with the provisions of Article 73 of this Regulation; in any case, it shall be adapted in a timely manner to comply with the provisions of the third transitional provision of this Regulation.

The cooperatives that have not complied with the provisions of Article 9, one, b, of the Regulation of 13 August 1971, with respect to the Board of Directors and the Supervisory Board that they are currently managing, representing and supervising to the Company, they will have to send certification signed by five partners, expressive of the date of the General Meeting in which the current Rectors were expressly chosen, as well as of the statutory precept that was applied on that occasion.

The certification referred to in the preceding paragraph must be filed in the Register of Cooperatives of the Entity's domicile within sixty days of the validity of this Regulation; in case of non-compliance Unjustified of this obligation, the Company or the Rector Board shall be liable for serious misconduct, as the case may be, without prejudice to the obligation to comply with the provisions.

To facilitate compliance with this obligation, the Labor Delegates will seek the dissemination of this standard by the means provided for in the sixth, number two transitional provision.

Transient Disposition third.

The adaptation will take place in the form set for the amendment of the Statutes in Articles 50-2, 52 and 84 of this Regulation, but for the approval of the new text, when the new text is limited only to an adaptation expresses the imperative rules of the new legislation, it will be sufficient the simple majority of the members present and represented.

Fourth transient disposition.

The registration in the corresponding office of the General Register of Cooperatives, together with the new provincial number will retain each Entity that with which it has already been included in the previous Register of the Ministry of Work. When the first copy of the deed is returned to the Cooperative by the Cooperative Office, the certificate referred to in Article 43 (6) of this Regulation shall accompany, where appropriate in accordance with Article 72 of this Regulation, the certificate referred to in Article 43 of this Regulation. the General Law of Cooperatives, accrediting that the Cooperative had been qualified according to the previous legislation, by appointment of the corresponding Ministerial Order or Resolution that approved it, and expression of the number with which it was registered in the previous Special Register of the Ministry, which will serve to take reason, if any, in the Register Corresponding mercantile of the previous existence of the Cooperative and the adaptation of the Statutes.

Transient disposition fifth.

The notarial duties to be applied in the adaptation of the Statutes to the current legality are those of the number 1, with the bonus provided for in paragraph 5 of Article 43 of the General Law of Cooperatives, and, where the commercial reason is taken, the registration in this Register by means of the certificate provided for in the preceding paragraph and the writing of the adaptation of the Statute shall have the rate of 90% of the applicable tariff, the provisions of Article 43 of the Law of Law No 6.

Transitional disposition sixth.

As long as they do not adapt to the new legality, the Cooperatives that in accordance with this Regulation must also have access to the Commercial Registry will be able to do it without more procedure than the one previewed in the mentioned number six of the Article 43 of the Law.

Transient disposition seventh.

The qualifying, registration and certification powers referred to in Article 86 of this Regulation shall be exercised as follows:

1. No of the Cooperatives which are constituted from the entry into force of this Regulation shall immediately apply the deconcentration of powers referred to in paragraph 2 of that provision.

2. In terms of the existing Cooperatives at the entry into force of the Regulation, whatever their scope, organic structure or class, as long as they do not adapt to the new regulations, the Central Service of the General Register of Cooperatives; but once the adaptation to the office corresponding to Article 88, two has been established, it will be already this office that will exercise all the registered functions in respect of said Cooperatives.

Third. -One. Cooperatives which are required to adapt their Statutes to the provisions of the General Law of Cooperatives and of this Regulation shall present the appropriate documentation in the following time limits:

1. Cooperatives registered in the previous Register of Cooperatives of the Ministry of Labour with numbers ranging from 1 to 4,000, within six months, counted from the 1st of the month following the entry into force of this Regulation.

2. Registered cooperatives with numbers ranging from 4,001 to 8,000, within the following seventh, eighth and ninth months.

3. Registered Cooperatives with numbers ranging from 8,001 to 12,000, within the following 10th, 11th and 12th months.

4. Registered Cooperatives with numbers ranging from 12,001 to 15,501, within the following 13th, 14th and 15th months.

5. Cooperatives registered with numbers between 15,501 and 18,500, within the following sixteenth, seventeenth and eighteenth months.

6. Cooperatives registered with numbers between 18,501 and 21,500, within the nineteenth, twentieth and twenty-first months following.

7. Cooperatives registered with numbers from 21,501 onwards, within the twenty-second, twenty-third and twenty-fourth months of the following months.

Two. Notwithstanding the time limits laid down in the preceding number, the Cooperatives which, for reasons of social or economic urgency or of cooperative interest, consider it necessary to adapt their Statutes without waiting for the time limit for them, may anticipate the request to formalize their adaptation by accompanying them with a report from the Confederation or the Federation concerned according to the scope of those. The Register of Cooperatives concerned, within five days of the date of entry of the application, shall give an unappealingly ruling on whether or not the reasons alleged have been sufficient, thereby giving the file a processing order. or the appropriate ordinary shift. On the basis of the complexity of the cooperative structures concerned, the Registry may also grant, at the request of the interested parties, an extension of the normal period, without the resulting total period exceeding 24 months.

Except in the case of simple variations within the meaning of Article 84 (2), any request for a statutory amendment required before the Co-operative is required to adapt its Statutes may not be submitted to the Cooperative registration without simultaneously presenting the Statutes adapted in full to the new regulations. If this is not done, the corresponding Register will warn the Cooperative, which will have to comply with this rule, in the meantime, pending the processing of the file for a month, after this end without correcting the defect file the request without further processing. Regarding the order of processing applicable to these advance requests, the rules mentioned in the previous paragraph will be observed.

Three. Cooperatives failing to provide the documents required for the adaptation of their Statutes to the current legality within the time limits laid down in the number one of this transitional provision shall be subject to a penalty a fine of up to 10,000 pesetas, but may be subsequently adjusted if the maximum period of two years, counted from the first day of the month following the entry into force of this Regulation, has not been exhausted.

Four. By way of derogation from the above numbers, from the entry into force of this Regulation the Statutes of the Cooperatives shall in any case be amended and supplemented, for the maximum period specified in the provision Fourth, by how many mandatory character provisions are contained in that.

Fourth. -Translate two years, to count from the first day of the month following the entry into force of this Regulation, without the Cooperatives having exercised the option adopted, submitting the request with the appropriate documentation, in order to adapt its Statutes to the new Law and Regulation, will be dissolved in full right, in compliance with the provisions of the third, number two transitional provision of the General Law of Cooperatives, and must enter into settlement period, subject to the provisions of that Law and this Regulation.

Fifth. -One. If the Cooperative opts within the time limit specified in the second transitional provision to be constituted under the corporate form of Civil Code or in any of the mercantiles, it shall forward to the Ministry of Labour a certificate of the Assembly's agreement. General on the option made and certified copy of the last previous balance sheet approved by the Cooperative and the balance sheet referred to the same day on which the agreement was made. These documents will carry the signatures that authorize them, legitimized by Notary. The Ministry of Labor will provide the Cooperative with the certificate of proof that the Entity was qualified as a Cooperative under the previous legislation, with the expression of the date of approval and the number with which it was registered in the previous Registry of the Ministry, as well as a diligent photocopy of the Statutes of the Cooperative.

Two. The agreement of the option shall entail the obligation to implement the constitution of the civil or commercial society in which it is transformed, in accordance with the applicable legal provisions. The members of the Cooperative shall not be able to claim as participation in the new Society the Funds of the Reserve and of Social Works nor the amounts which, in the event of dissolution, would have been considered to have liquid, for being irreparable, nor may be allocated to active dividends or any other combination of a profit-making similar purpose, which must be applied for the purposes of the Social Works Fund, as provided for in Article 8 (e) and (f) of the Cooperation Act of 2 January Article 4 (h) and (h) and (l) and Article 57 (2) of the Rules of Procedure of 13 August 1971, to whose regulations the Cooperative that is transformed was subject. This is without prejudice to any revaluation of the contributions provided for in Article 45 of this Regulation.

Once the new ordinary civil society or the chosen merchant, the licensors of the corresponding writing or, failing that, all the partners are obliged to communicate it next to the Cooperative Registry of the registered office of the former Cooperative Company within the maximum period of thirty days, accompanying a testimony of its said agreement for purposes of discharge in the Register of Cooperatives and to facilitate the monitoring of compliance with the provisions of the paragraph previous.

Three. The change in the form of the Cooperative Society in the ordinary civil society of the Civil Code or in a commercial corporate type, under this transitional provision, does not affect the continuation of the legal personality of the Company and neither be considered as a transfer for the purposes of the Urban Leases Act.

Sixth. -One. Cooperative entities formed prior to the entry into force of this Regulation must submit within three months, from that date, by duplicate copy, before the Provincial Delegation of Work corresponding to the registered office The following data is social:

1. Registration number in the Special Register of Cooperatives of the Ministry of Labor, denomination with which it was officially registered or, if applicable, last name approved by the Registry and current registered office of the Entity.

2. Number of members on December 31 last past maximum number of members reached in the last year.

3. Amount of: Social Capital; Mandatory Reserve Fund, voluntary reserves and Social Works Fund, and in the case of Credit Unions, Insolvency Risk Reserve, all according to the last approved balance sheet.

4. Class of economic activity carried out during the last year with a predominant character, in accordance with the numbering and nomenclature set out in the Annex to Decree 2518/1974 of 9 August on national classification of economic activities and additional rules.

Two. The above data must be certified by the President and the Secretary of the Board. Failure to comply with this obligation due to late payment, concealment or falsehood in any of the data indicated shall be punishable as a serious failure of those charges, in accordance with the provisions of this Regulation.

To facilitate compliance with this obligation, the Work Delegates will publish the corresponding resolution in the "Official Gazette" of the province and an extract in a newspaper of great dissemination in the same; The resolution will also be sent to all the Councils where the registered Cooperatives are located, in order to be exposed in the bulletin board of the Consistorial House.