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Real Decree 753 / 1978, Of 27 Of March, By Which Is Modifies The Regulation General Of The Chambers Official Of Commerce, Industry And Navigation Of Spain.

Original Language Title: Real Decreto 753/1978, de 27 de marzo, por el que se modifica el Reglamento General de las Camaras Oficiales de Comercio, Industria y NavegaciĆ³n de EspaƱa.

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The Decree 1, 200, ninety-one/thousand nine hundred and seventy-four, of two May, which approved the General Regulation of the Official Chambers of Commerce, Industry and Navigation of Spain, amended in its Chapter III the The legal basis for the exercise of both active and passive voting rights within the Chambers established by the Rules of Procedure of a thousand nine hundred and twenty-nine.

For these purposes, and in particular, Article 18 was referred, without establishing an electoral procedure of its own, to the "existing trade union legislation". The same precept stated that the election of the members of the Chamber of the Chambers " will be carried out through the Trade Union Organization by the Unions of Employers of the corresponding Unions of the demarcation of those and between their components ".

The single enunciation of this preceptively highlights, in attention to the substantial modifications produced by the promulgation of Law nineteen/thousand nine hundred and seventy-seven, of one of April, in the field of trade union representation and corporate organisation of a professional character, the initiation of any electoral process involving the full or partial renewal of both the Plenes and the executive bodies of the Chambers unfavorably for its execution and the disappearance of its organic instrumentation.

On the other hand, the changes made to the structure of the political organs of the country also require a formal adjustment of the content of certain precepts of the General Regulations of the Chambers of the Thousand nine hundred and seventy-four to adapt them to the current configuration of the organs of the Public Administration and the political structure of the country.

Therefore, the reform that is now being undertaken does not imply a modification of the norms contained in the Regulation of the year one thousand nine hundred and seventy four, but the adequacy of these to an organizational and political structure in force. As far as the electoral procedure is concerned, the old precepts of the Rules of the Rules of a thousand nine hundred and twenty-nine are being recompiled, and only those points on which this change is necessary are being amended. of the course of time or the political or administrative changes referred to above.

Consequently, on a provisional basis and on a proposal from the Minister of Commerce and Tourism, after deliberation by the Council of Ministers at its meeting on the twenty-second day of March, one thousand nine hundred and seventy-eight,

DISPONGO:

Article first.

The General Regulation of the Official Chambers of Commerce, Industry and Navigation, approved by Decree 1000 two hundred and ninety-one/thousand nine hundred and seventy-four, of two May, is amended, the articles being written The following are indicated in the following form:

" Article first.

The Chambers of Commerce, Industry and Shipping are corporations governed by the Ministry of Commerce and Tourism. They enjoy legal personality and the ability to act necessary for the fulfilment of their purposes and the exercise of the functions they have legally attributed to them.

In the terms of the June twenty-nine hundred and eleven and Royal Decree-Law of twenty-six July of a thousand nine hundred and twenty-nine, it is up to the Chambers to represent the interests of the trade, the industry and navigation ".

" Third item.

The Chambers, as Corporate for the Promotion of the General Interests of Trade, Industry and Navigation and as Advisory Bodies of the Administration, are empowered in their respective demarcations to:

A) Carry out the works and perform the services they deem useful for the general interests entrusted to them, after approval by the Ministry of Commerce and Tourism.

B) To intervene as an arbitrator of equity, to create or to sponsor organs, services or commissions that can resolve with that character the questions of a commercial nature that can be submitted to them and to issue opinions and opinions.

C) Carry out export support and stimulus activities; aid and encourage the country's economic expansion abroad, cooperating with the Administration, in accordance with the guidelines of the Ministry of Commerce and Tourism.

D) Exorder certificates of origin and other certifications and documents related to domestic and international commercial traffic.

E) Create and administer, with the authorization of the Ministry of Commerce and Tourism, institutions, foundations and establishments related to the functions that are peculiar to you.

F) Administer the institutions, foundations and establishments created by the State, the Province, the Municipalities and other public and private entities or by private individuals, which are related to their aims.

G) Spread and promote commercial, industrial and nautical teaching.

H) Encourage the development of applied research, quality, design and productivity.

I) Promote market transparency and cooperate in pricing and product information.

J) To collaborate in maintaining the normal development of commercial traffic, under the principle of good faith, and to collect and disseminate the commercial uses of its demarcation.

K) Sponsorship and perform generic advertising on trade, industry and navigation.

L) Participate in Societies of Mixed Economy and create societies and be part of Organisms whose object is the realization of consultative or general interest promotion purposes. To this end, they may act alone or in agreement with other Chambers, organs of the State Administration and other public and private entities, always with the authorization of the Ministry of Commerce and Tourism.

M) Participate in the Corporations, Agencies and Entities that proceed, in accordance with their purposes and functions.

N) Concurl to the auctions of public works to be carried out in the territory of their demarcation.

N) Being concessionary or in charge of public service management.

O) Create and manage procurement markets and subcontracting bags and the like.

P) Promote and cooperate in the organization of trade fairs and exhibitions and museums of a commercial or technical nature.

Q) Carry out studies, reports and surveys of an economic and commercial nature; disseminate, as appropriate, such documentation or information and make useful publications for the general interests of trade, industry and navigation.

R) Report and participate in studies, work and actions on development plans, territory planning and industrial and commercial location.

S) Collaborate with public bodies at all levels as regards the general interests of trade, industry and navigation.

T) Hire loans for the realization of any of its purposes.

U) Exercise actions and interject all kinds of administrative and jurisdictional resources.

V) To appear before all kinds of authorities, Agencies and Corporations and to relate to them. "

" Item seventh.

In each province there will be at least one Chamber.

The local and regional chambers of the same province may be merged with the authorization of the Ministry of Commerce and Tourism, prior to the report of the other Chambers of the province, if any, and of the Superior Council of Cameras.

For local or local cameras to be created, it will be essential:

A) That his constituency covers only the municipality of the locality in which it is to be established or the municipal terms constituting the homogeneous industrial or commercial core as such by the Ministry of Trade and Tourism to authorize creation.

B) That the sum liquid to be perceived by the Chamber projected in the concepts referred to in the fifth basis of the Law of June of a thousand nine hundred eleven is, at least, of a four per thousand on the total real perception for this concept of all the existing Chambers of Commerce, Industries and Navigation in the country. The lack of concurrence of this circumstance for five consecutive years will automatically cause the House to be abolished, which will be agreed by the Order of the Ministry of Commerce and Tourism.

C) That the establishment of the new Chamber should be requested from the Ministry of Commerce and Tourism by more than half of the contributors who have to form their electoral body, accompanying the instance to demonstrate that the new body complies with the above conditions.

D) That before the creation is authorized, the Provincial Chamber and other existing premises in the province and the Superior Council are heard. "

" Item eleven.

The plenum is the supreme governing body and representation of the House.

It shall be composed of the number of members to be determined in each Internal Regime Regulation, without being less than ten or more than sixty.

The full member condition is unique and inselectable.

Each Chamber may appoint Co-Operator Vocals in number that does not exceed a quarter of its constituent members.

Cooperating Vowels will be obliged to contribute to corporate tasks and will have the right to intervene in all discussions and votes on the matters that the Rules of Procedure of the Interior Regulations determine, and may also, to bring the representation of the Chamber to other Entities, Assemblies and Congresses, with the provisos and limitations laid down in this Regulation.

Cooperating Vowels will not be able to hold the office of the Executive Committee, to replace the members of the Executive Committee, to take part in the vote for the election of the members of the plenary or other Cooperators, nor to be elected to represent the Chamber in Permanent Entities.

Cooperating Vowels shall be chosen by the plenary among the constituents of the Chamber or among persons of recognized prestige related to trade, industry and navigation. "

" Article 12.

The number of members that make up the plenary of each chamber will be distributed in groups, so that they have proportional representation all the general interests and have the due presence the modalities and characteristics commercial, industrial and nautical of their respective demarcations.

When there are differences between the groups of the same economic interest in terms of their importance, they may be divided into categories, with the limits of the same by the size of the Companies and the the volume of the legal remedy that satisfies the Corporation, in order to maintain the proportionality of those interests.

To establish such proportionality, the importance of interest, determined by the party with which each group or category contributes to the holding of the Corporation, the commercial, industrial or commercial structure, shall be taken into account nautical of the demarcation, the economic characteristics of the demarcation and the number of companies of each group or category. All provisions relating to the distribution of the plenary session in groups or categories shall be expressly set out in the Rules of Procedure of each Chamber. "

" Article 15.

The Chambers will have a paid permanent secretary, with a consultative voice, but without a vote, whose appointment will be the responsibility of the Corporation's plenary session through the appropriate competition, whose bases and conditions will have to be approved by the Ministry of Commerce and Tourism.

The Secretary will attend the sessions of the Chamber's organs as such; he will manage the implementation of his agreements, in accordance with the instructions he receives; he will hold the President's representation when he is so. determine, in the case of purely executive powers; he shall be the Head of paid staff and director of all the services of the Chamber, whose operation is responsible to the plenary, and shall ensure compliance with the legal provisions; where appropriate, the relevant warnings must be made in such a way, the same in the corresponding minutes and documents.

Chambers which, by the extent and complexity of their services, may be required to have, in addition, an Assistant Secretary, whose duties shall be governed in particular by the Rules of Procedure.

The Registrar may be removed only by ineptitude for the performance of his or her position or serious misconduct committed in the performance of his duties, subject to a file initiated by reasoned agreement of the House of Assembly, at the request of the Secretary-General. or by virtue of denunciation, in session specially called for the effect.

The file will be processed and resolved by the Ministry of Commerce and Tourism, adjusting, by analogy, to the provisions of the disciplinary regulation of civil servants of the State Civil Administration.

The Chambers shall also have the staff employed as necessary for the proper functioning of the services they provide or administer. "

" Article 24.

The plenary session will meet six times a year, at least, and the Executive Committee will meet once a month.

Attendance at meetings of the Chamber's organs is mandatory for the members of the House.

To plenary sessions may be called, with a voice but without a vote, the Cooperator Vocals whose number in no case may be greater than a quarter of the members. "

" Article 25.

The full House, in order to be able to hold its first convocation sessions validly, must be constituted, at least, by the two-thirds of its components, adopting the agreements by simple majority of the wizards.

When the number of assistants mentioned in the previous paragraph has not been achieved in the call, the plenary session may be constituted, on the second call, half an hour later than the one scheduled for its celebration, always The same half plus one of its components is attended by the same half. In this case, in order for the agreements to be valid they must be adopted with the favorable vote of the two-thirds of the assistants. "

" Article 29.

Correspond to the plenum:

(A) The adoption of agreements in relation to the functions recognised in Article 2 of this Regulation, without prejudice to the power to delegate to the Executive Committee for justified cases of urgency, the implementation of the set out in paragraphs (A) and (B) of that Article.

B) The approval of the annual programmes of performance and corporate management related to the activities that are included in Article 3 of this Regulation for the fulfilment of their objectives.

C) The adoption of agreements concerning the interposition of all kinds of resources and actions in any jurisdiction.

D) The adoption of agreements concerning the acquisition and disposal of goods, and may delegate this power to the Executive Committee for cases of justified urgency.

E) The elaboration and proposal to the Ministry of Commerce and Tourism of the Rules of Procedure.

F) The election of the Chairman of the Executive Committee and the declaration and provision of vacancies, all in accordance with the provisions of this Regulation.

G) The appointment and termination of Cooperator Vocals in the terms set out in the Rules of Procedure.

H) The constitution of commissions of an advisory nature.

I) Approval of draft budgets and their settlements.

J) The approval of the memoirs referred to in Article 5 (C) and (D).

K) The adoption of any class of agreements concerning the Secretary and the paid staff of the Chamber, in accordance with the provisions of this Regulation and the accompanying rules. "

" Article 33.

The Ministry of Commerce and Tourism, heard by the Upper Council of Chambers, may suspend the activity of the governing bodies of the House for the transgression of Laws, non-compliance with this Regulation or the Internal Regime, or by manifest impossibility of functioning by the cessation of the executive organs.

The suspension agreement will be for a maximum period of three months. In this period, the measures aimed at ending the causes of the suspension shall be taken.

Similarly, the dissolution of the plans may be agreed upon when the rules adopted as a result of the suspension do not resolve the situation created. The Ministry of Trade and Tourism may, in any case, appoint a Management Committee for the operation of the Chamber, pending the appointment of the new plenary session.

Against the ministerial resolutions of suspension and dissolution, it may be brought before the President of the Chamber concerned, prior to the replacement, by the President of the Chamber concerned, by itself or in compliance with the same and for those deemed to be interested, in accordance with the provisions of Article 23 of the Law on Administrative Procedure. "

" Article 54.

The Board of Governors shall have a Managing Director, a Secretary and the staff necessary for its proper functioning. "

" Article 55.

The full, supreme governing body and representation of the Council, shall be composed of the Presidents of all Chambers and eight members, elected by the same Council upon the establishment, between members of Chambers or persons of recognized prestige in the economic life of the country. "

" Article 56.

The Executive Committee is the management, administration and proposal body of the Superior Council. It shall be composed of the President, two Vice-Presidents, the Treasurer, the Accountant and nine members of the Plenary.

Your sessions will be attended by voice, but without a vote, the Managing Director and the Secretary. "

" Article 58.

The eight members referred to in Article 55 shall be elected by a nominal and secret ballot in the act of constitution of the plenary session.

Later, the election of the President and the positions of the Executive Committee will proceed.

The election of the President will require a majority of three-fourths of the votes present in the first vote; if the majority is not achieved, the second vote will require an absolute majority, that is, half plus one vote. favourable votes; if the vote is not reached, it shall be elected by a simple majority. The person elected as President will be officially appointed by the Minister of Commerce and Tourism.

Except as set out in the preceding paragraphs for the election of the eight members of the plenary session provided for in Article 55, and that of the president and the positions of the Executive Committee, the procedure will be in accordance with the procedure. in paragraphs 2, 3 and 4 of Article 22 (2) of this Regulation. '

Article 2.

Chapter III, elections, articles sixteen to twenty-three, inclusive, is worded as follows:

" Article 16.

1. They have active and passive electoral rights in the respective Official Chambers of Commerce, Industry and Navigation, the natural and legal persons registered in the Census of the Corporation, in accordance with their respective Rules of Procedure, provided that they are not disabled by any of the cases determining incapacity under the provisions of the rules in force.

2. Individual traders, industrialists and shippers shall exercise their right to the right to vote personally; the disabled minors, by means of the persons to whom their representation has been conferred for the exercise of trade. Legal persons shall exercise their electoral rights through representation held by any of their members or by their Directors, Managers, Directors or Administrators when they have been expressly designated for that purpose. In any event, this right may also be exercised by general proxies who, when casting their vote, justify their representation.

3. Natural or legal persons, of any kind, who are holders of branches or agencies in constituencies corresponding to the jurisdiction of different Chambers shall have an active and passive electoral right in each of them. The same rule shall apply to undertakings which have their registered office in the territory of which the jurisdiction corresponds to a Chamber and in the jurisdiction of another Chamber or other the holding or exercise of their commercial, industrial or nautical operations.

Article 17.

1. To be eligible as a full member, the following requirements must be met:

a) Forming part of the House census.

b) Be an elector of the corresponding group or category.

c) Have been twenty-one years old when it comes to a natural person.

d) Be aware of the payment of the House's resources.

e) To carry, at least, five years of exercise in commerce, industry or navigation within the Spanish territory.

(f) Not to be an employee of the Chamber or to be involved in works or contests that the Chamber has convened, at the time the nomination is filed or the elections are held.

2. Foreign companies with registered offices in Spain may be chosen if in addition to the above requirements they have been resident for ten years in the territory of the Chamber. In any case, the number of foreign companies forming part of a Chamber may never exceed one-sixth of the total of its members. The principle of international reciprocity will be taken into account in order to be eligible.

3. The term of office of the members of the Chambers shall be four years, and may be re-elected indefinitely.

4. Natural or legal persons who carry out activities corresponding to different groups of the census of a Chamber shall have an active and passive electoral right in each of them. However, if they are elected in more than one group, they must resign within three days to the posts of members who exceed one. They will not have this right nor will they be eligible in the different categories to which they may belong within the same group; in this case all the fees paid for the same group must be accumulated, in order to determine the category within which shall exercise the active or passive electoral right. "

Article 18.

1. It is up to the Ministry of Commerce and Tourism to determine the opening of the electoral process for the renewal of the members of the Chambers.

2. Ten days after the electoral process is opened, the Chambers must present their censuses to the public, in their registered office and in those other places they deem appropriate for their most publicity, during the period of thirty calendar days. Complaints concerning the inclusion or exclusion of undertakings in the relevant groups and categories may be filed from the moment the exposure of the censuses to the public is initiated until ten days after the expiry of the deadline. indicated for such exposure. The House Secretariat shall be required to give receipt of the submission of the complaints.

3. The Executive Committee of the House shall resolve the complaints made within a period of 15 days from the date of the expiration of the open period for the submission of such claims. Action may be brought against the agreements of the House within a period of 15 days before the Ministry of Trade and Tourism. That department shall, within 15 days, decide on the basis of the report of the respective Chamber.

Article 19.

1. After the time limits laid down in the previous Article, the Regional Delegates of the Ministry of Trade and Tourism, on the initiative of each Chamber and within the scope of its territorial competence, shall convene the elections for the Chamber or Existing cameras on the same.

The call will be published with forty days, at least, in advance of the date of the election in the "Official Gazette" of the province and in one of the most circulation newspapers within the House constituency.

The Chambers, in its registered office, will give the appropriate publicity to the call.

2. The call shall include:

a) The days and hours in which each group or category must cast the vote for the election of their representatives.

b) The number of polling stations and the places where they are to be installed.

3. Where the Internal Regime Regulations of each House have not provided for the number and conditions of the Electoral Colleges, the following rules shall be followed:

(a) For groups and categories whose number of voters is not large, a single Electoral College shall be established at the address of the Chamber.

b) Where such a number is considerable or where a large part of the electors or their representatives reside in populations other than that in which the House has their domicile, the Electoral Colleges shall be established. they are suitable, they may be installed in the Consistory Houses, premises of the Delegations of the Chambers, when any, or official buildings of any kind. However, the call may provide for the replacement of polling stations other than that which is established at the address of the Chamber, by means of the vote by mail duly guaranteed and individually regulated by each Camera.

Article 20.

1. The choices of each group and each category must be held in a single day and, when several schools are established, simultaneously in all of them.

2. Nominations shall be submitted to the Secretariat of the respective Chamber within 15 days of the date of the call of the election. Nominations shall be endorsed by the signature at least of a number of voters equal to 5 per 100 of those who constitute the group, and where appropriate, the corresponding category. If the number of these electors exceeds a thousand, the signature of fifty voters will suffice for the presentation of the candidate. After the deadline for the submission of applications, the Executive Committee of the Chamber, after examining the applications submitted to ensure the authenticity of the signatures that appear on them and their presentation within the deadline will proceed to the a statement of the candidates within ten days, to be counted on the date of the end of the deadline for submission.

3. Where the number of candidates who have been proclaimed by a group or category is equal to that of the members to be elected, their proclamation shall be equal to the choice, and the choice shall not be made.

If the case is made that the number of candidates is lower than that of the members to be elected, the Executive Committee will elect the proclaimed and will convene immediately to the full session of the House for within the eight-day period, the latter shall choose whether the undertakings in the group or category concerned have to fill the vacancies.

4. The Executive Committee shall reflect in the minutes the proclamation of candidates and the incidents referred to in this Article. Of the same, as in the case of the minutes of the extraordinary session referred to in the previous issue, a certified copy will be sent to the Ministry of Commerce and Tourism, before three days and, in addition, the content of the document will be given by notice fixed at the address of the Chamber and published in one of the most popular newspapers in the town.

Article 21.

1. The Bureau of each Electoral College shall be chaired by the member or, where appropriate, the constituent of the Chamber, which the Executive Committee of the House shall appoint.

2. Two other members or constituents of the Corporation in that locality where the Chamber has its domicile will be part of the Board of the respective Electoral College. In the other towns where the electoral college is established, two constituents of the local Chamber of the locality, also appointed by the Executive Committee of the town, will be held by the electoral college. The Executive Committee shall also appoint alternate Chairman and Vocals.

3. All voters have the right to audit the electoral procedure. The protests regarding the election must be submitted in writing to the President of the Electoral Board.

4. For their part, each candidate may designate two financial controllers to be responsible for voting and counting.

5. The Bureau of a College shall be constituted on the day of the election, the vote shall not begin without having previously extended the appropriate minutes of the constitution, from which a certified copy signed by the President and the Vocals shall be released for candidate to ask for it.

6. Once the vote has begun, it will not be suspended, unless it is due to force majeure, and always under the responsibility of the respective College Bureau.

7. In the event of suspension, minutes shall be drawn up by the Bureau of the College, which shall be delivered to the President of the Chamber, who shall immediately be interested in the Regional Delegate of the Ministry of Commerce and Tourism indicating the date on which it shall be verified or resume voting.

8. The vote shall be secret, with the voters casting their vote in the ballot box by means of a folded ballot and inserted in an envelope. If a number of names higher than the number of vacancies to be filled in each group or category is included in the ballots, those appearing in the first places shall be taken into consideration. The Vowels will write down the voters who vote, indicating the number with which they appear on the Chamber's census.

9. In case of doubt about the personal identity of the individual who is present to vote, he may be required to justify it by means of the last receipt or proof of payment of the quota which the Chamber and the documents may legally correspond. accredit the personality and representation, if any, with which you intend to exercise such a right.

10. The President of the Bureau shall have exclusive authority within the Electoral College to preserve order and ensure the freedom of the electors. The authorities and their agents shall provide the President, within and outside the College, with the assistance requested by them.

11. Only the electors, candidates and their proxies or auditors, the Notaries who are required to attest to any act of the election shall have entry into the Colleges only in so far as they do not object to the secrecy of this and the agents of the authority which the President requires.

12. The elector who does not comply with the orders of the President shall be expelled from the College and shall lose the right to vote in the act of the election in question, without prejudice to the liability in which he may have incurred.

13. After the period indicated for the vote, the table shall be put to the vote, in the presence of the Interventors, if any. If there is only one electoral college, the vote will be final, the corresponding minutes signed by the members of the Bureau, in which the number of votes cast, the declared null and the candidates elected with the vote, will be extended. the number of votes in question, as well as the candidates not elected with the votes obtained. The candidate or candidates who have obtained the highest number of votes, and, in the event of a tie, the oldest in the Census of the Chamber, shall be deemed to have been elected.

14. If there are several electoral colleges, the table, after the vote, shall be drawn up with the result of the election, stating the votes cast, the nullified votes and the number of votes obtained by each candidate.

15. In both cases, the minutes will be forwarded to the House Secretariat, where they will be deposited. Certified copies shall be made of the minutes for the candidates who request them.

16. On the third day of the end of the elections, the final result of the minutes corresponding to the various electoral colleges under the chairmanship of the speaker of the House and with the assistance of the Presidents of the Polling stations. The minutes shall be drawn up, signed by the assistants, in which the total number of votes cast, the nullified votes, the votes obtained by each candidate and the candidates declared elected as a result of having obtained the highest number of votes shall be recorded.

17. The House Secretariat shall deliver to each of the elected members the credential that justifies their elected membership.

18. The protests must be made in the act and in writing before the voters and will be resolved by them also in the act, with appeal before the Chamber, whose resolution the interested parties will be able to go to the Ministry of Commerce and Tourism. The original electoral file shall be filed in the Chamber and shall be forwarded to the Ministry of Commerce and Tourism certified copy within 10 days of the end of the elections.

Article 22.

1. The elected members of the plenum will take up their posts in the Chamber's headquarters within the month following their election, giving immediate consideration to the Ministry of Commerce and Tourism. Companies formed by a natural person will do so personally; minors and disabled by means of those who have their representation; legal persons by any of their partners, directors, managers, directors or administrators specifically designated for that purpose by their governing bodies or by their administrative or proxy bodies or general representatives specially empowered to that effect.

2. The plenary session shall be held by a nominal and secret ballot at the election of its members, the President and the Executive Committee. To this end, the Electoral Bureau shall be formed, composed of the two members of the highest and lowest age, respectively, of the plenary session of the Chamber and the regional delegate of trade or person, designated by the Ministry of Commerce and Tourism, who will act as President. It will do the functions of secretary that is of the Corporation.

3. The session will be opened, the proposal of candidates for whom the vote will have to be placed will begin. The first term will be the election of the President and, then, the election of the Executive Committee.

4. The electoral bureau will be counting on the vote, which will inform the plenary session of the outcome, warning of the possibility of expressing any disconformity with the electoral act. The following shall immediately be lifted, in duplicate, in the corresponding minutes, in which the results of the electoral act, the outcome of the vote and the complaints to be made shall be recorded, and shall be sent one of the copies through the President to the Ministry of Commerce and Tourism, who will decide, with a hearing of the interested parties, on the incidents raised.

5. The positions of the President and Vocal of the Executive Committee shall be four years, and may be re-elected indefinitely.

Article 23.

1. The plenary will agree to the loss in its membership status in the following cases:

a) When for oversold circumstances, no one of the necessary requirements to be elected is allowed.

b) For not taking ownership within the regulatory deadline.

c) For lack of unjustified assistance to plenary sessions or the Executive Committee for three times in the course of a year, or for inattendance at such sessions, whatever the cause may be, a minimum of four times per year.

(d) By resignation or resignation that shall be addressed to the Chair of the Chamber and delivered or referred to the Secretariat of the Corporation.

e) For violation of professional secrecy or serious misconduct affecting the Honorability of the Chamber.

The agreement of the plenum will be adopted after hearing the interested party and the company in whose representation it will eventually act. An appeal against the Ministry of Commerce and Tourism may be brought against it.

In the event of an appeal, the election to fill the member's vacancy shall not take place until the sitting of the Chamber, at least eight days after the communication of the Ministry has reached its power, resolving the resource.

The chosen person will be in charge for the time that will be missing to fulfill the mandate of the one to whom it will occur and must meet the same eligibility requirements in the group or category of the Company to whom it will replace.

2. Regardless of the normal termination of his or her terms of office, the President and the positions of the Executive Committee may cease:

a) For the reasons provided for in this Regulation for the loss of membership. Where it is the President who submits the resignation or resignation, the communication provided for in paragraph (d) of the first paragraph of this Article shall be addressed to the First Vice-President of the Corporation.

b) By agreement of the plenary adopted by the three quarters of its members.

The vacancy shall be covered by the plenary session convened for the purpose within 15 days of the date of its occurrence.

The chosen person will hold the position for the time that will be missing to fulfill the mandate of the one to whom it happens. "

FINAL PROVISIONS

First.

The Ministry of Commerce and Tourism is empowered to lay down appropriate rules for the development and implementation of the provisions of this General Regulation.

Second.

Within the six-month period, counted from the publication of this Royal Decree, the Official Chambers of Commerce, Industry and Shipping and the Council of Chambers will submit to the approval of the Ministry of Trade and Tourism its new Regulations of the Internal Regime adapted to the present regulations. Such regulations shall be deemed to have been approved if the Ministry does not expressly address the contrary within three months.

The new Regulations shall apply, on a provisional basis, from the moment they were submitted for approval, and until such time as there is no express or firm resolution.

Third.

Articles one, three, seven, eleven, twelve, fifteen, sixteen to twenty-three (inclusive), twenty-four, twenty-five, twenty-nine, thirty-three, fifty-four, fifty-five, fifty-six and fifty-eight are repealed. of the General Regulation of the Official Chambers of Commerce, Industry and Navigation of Spain, approved by Decree 1,200 ninety-one/thousand nine hundred and seventy-four, of two of May.

Fourth.

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

TRANSIENT PROVISIONS

First.

Within a period of no more than 15 days from the entry into force of this Regulation, the Ministry of Trade and Tourism shall open an electoral period for the renewal of the Plenes of the Official Chambers of Trade, Industry and Navigation of Spain.

Second.

For the purposes of the above provision, in advance of the convening of the elections for the renewal of the Plenos, the Chambers that deem it appropriate and, by agreement of the same, may formulate to the Ministry of Commerce and Tourism the appropriate proposals in order to adapt their respective Regulations of Internal Regime to the current regulations, modifying even the number of members that make up the plenum and the form of integration of this one. The Ministry of Commerce and Tourism will point out objective criteria for adapting the number of members of the Chambers ' plenary sessions to the economic conditions in which they are developed.

Third.

By way of derogation from Article 7 (b), the Ministry of Trade and Tourism may decide to abolish those Chambers which, at the date of entry into force of this Regulation, would not have reached the five-year period, at least, permanent resources exceeding two per thousand of the sum of those received by the whole of the Chambers of Commerce, Industry and Navigation of Spain.

Given in Madrid to twenty-seven of March of a thousand nine hundred and seventy-eight.

JOHN CARLOS

The Minister of Commerce and Tourism,

JUAN ANTONIO GARCIA TEN.