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Royal Decree 2508 / 1977 Of June 17, On The Transfer Of The Functions Of The Trade Union Organization In The Cooperative Agenda And New Regulation Of The Cooperative Movement.

Original Language Title: Real Decreto 2508/1977, de 17 de junio, sobre transferencia de las funciones de la Organización Sindical en el orden cooperativo y nueva regulación del movimiento cooperativo.

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THE REVIEW OF THE QEU COMPETENCES HAD BEEN ATTRIBUTED BY THE UNION ORGANIZATION IN THE COOPERATIVE ORDER AND ITS TRANSFER TO THE MINISTRY OF LABOR OR, WHERE APPROPRIATE, TO THE REPRESENTATIVE BODY OF THE COOPERATIVE MOVEMENT, WHICH IN THE REAL DECREE-LAW THIRTY-ONE-THOUSAND NINE HUNDRED AND SEVENTY-SEVEN, OF TWO OF JUNE, EMPOWERS THE GOVERNMENT TO REALIZE, HAS BEEN ORIENTED IN THE SENSE OF DISTINGUISHING, FROM A PART, THE COMPETENCES OF THE TRADE UNION ORGANIZATION AS IT ACTED AS STRUCTURE ADMINISTRATIVE STAFF FOR THE PURPOSES OF PUBLIC ADMINISTRATION, WHICH HAVE BEEN ATTRIBUTED TO THE MINISTRY OF LABOUR, AND, OF ANOTHER, THE COMPETENCES IT EXERCISED AS IT FRAMED THE REPRESENTATION OF THE COOPERATIVE MOVEMENT, WHICH HAVE BEEN ATTRIBUTED TO THE SPANISH CONFEDERATION OF COOPERATIVES, NEW DENOMINATION OF THE NATIONAL FEDERATION OF COOPERATIVES, AS THE MOST REPRESENTATIVE OF THE COOPERATIVE MOVEMENT. ALL THIS, WITHOUT PREJUDICE TO THE ANNULMENT OF VARIOUS POWERS, WHOSE SUBSISTENCE WAS INCOMPATIBLE WITH THE NEW ORIENTATION THAT FRAMES THE COOPERATIVE MOVEMENT.

AS TO THE ADEQUACY OF THE ORGANIZATION AND STRUCTURE OF THE COOPERATIVE MOVEMENT TO THE PRINCIPLES OF AUTONOMY AND ASSOCIATIVE FREEDOM TO WHICH THE ROYAL MENTIONED DECREE-LAW THIRTY-ONE-THOUSAND NINE HUNDRED AND SEVENTY-SEVEN ONCE GIVEN THE FULL AUTONOMY OF THE COOPERATIVE MOVEMENT, THE NEED HAS BEEN TAKEN INTO ACCOUNT IN THE CONGRESSES OF THE INTERNATIONAL COOPERATIVE MOVEMENT TO STRENGTHEN SIMULTANEOUSLY THE ASSOCIATIVE FREEDOM OF THE COOPERATIVE ENTITIES. THE UNITY OF THE COOPERATIVE MOVEMENT, TO WHOSE OBJECT IT IS MAINTAINED AND IT STRENGTHENS THE FREE CREATION AND DEVELOPMENT OF COOPERATIVES IN THE SECOND AND SUBSEQUENT GRADES, AS A MEANS OF INTEGRATION AND BUSINESS EXPANSION, ESTABLISHING THE FULL FREEDOM OF ASSOCIATION OF COOPERATIVES, IN UNIONS, BY ACTIVITIES OF THE SAME, WITH NON-ECONOMIC PURPOSES. MOREOVER, IN THE ORIENTATION OF THE DEFENSE OF THE UNITY OF THE COOPERATIVE MOVEMENT, THE FEDERATIONS OF COOPERATIVES, WITH SCOPE IN A PROVINCIAL PRINCIPLE, WILL BE HELD, AS ORGANS OF REPRESENTATION AND DEFENSE OF THE SAME IN THEIR RESPECTIVE FIELD, BUT WITH THE POSSIBILITY OF FORMATION OF SUPRA-PROVINCIAL OR REGIONAL STRUCTURES, CONFIGURED ALL OF THEM, AS CORPORATIONS OF PUBLIC LAW, THAT CONVERGE IN THE SPANISH CONFEDERATION OF COOPERATIVES, MAXIMUM PUBLIC ORGAN OF REPRESENTATION AND DEFENSE OF THE COOPERATIVE MOVEMENT.

IN ITS VIRTUE, ON THE PROPOSAL OF THE MINISTER OF LABOUR, IN THE USE OF THE POWERS CONFERRED BY THE ROYAL DECREE-LAW THIRTY-ONE-THOUSAND NINE HUNDRED AND SEVENTY-SEVEN, OF TWO JUNE, AND AFTER DELIBERATION OF THE COUNCIL OF MINISTERS IN ITS MEETING FROM THE SEVENTEENTH DAY OF JUNE, THOUSAND NINE HUNDRED AND SEVENTY-SEVEN, I HAVE:

ARTICLE FIRST.-THE POWERS CONFERRED ON THE UNION ORGANIZATION IN THE COOPERATIVE ORDER BY LAW FIFTY-TWO-THOUSAND NINE HUNDRED AND SEVENTY-FOUR, OF NINETEEN DECEMBER, GENERAL OF COOPERATIVES AND OTHER PROVISIONS IN FORCE, THEY SHALL BE EXERCISED, IN THE TERMS IN WHICH IT IS ESTABLISHED REGULATIVELY, BY THE MINISTRY OF LABOUR, EXCEPT IN THE CASES PROVIDED FOR IN ARTICLES 16 (E) AND (5), TWENTY-TWO, FORTY AND THREE-FOUR, FORTY AND SIX- OCHO/FOUR AND FIVE, FORTY AND SIX, FORTY AND OCHO/FOUR, A), FIFTY AND • ONE AND THREE, SESENT/THREE, AND FINAL PROVISIONS FIFTH AND EIGHTH, WHICH WILL BE EXERCISED BY THE SPANISH CONFEDERATION OF COOPERATIVES.

ARTICLE SECOND.-THE POSSIBILITY OF PRIOR INTERVENTION BY THE TRADE UNION ORGANIZATION PROVIDED FOR IN ARTICLE TWENTY-TWO, OF LAW FIFTY-TWO-THOUSAND NINE HUNDRED AND SEVENTY-FOUR, AS WELL AS PARTICIPATION AND INTERVENTION BY THE SAME AS REFERRED TO IN ARTICLE 50 AND TWO OF THAT LAW, AND THE REGULATORY POWERS WHICH IT HELD UNDER THE FIRST, NUMBER TWO, FINAL PROVISION OF THAT RULE.

ARTICLE THIRD.-CHAPTER II, "OF THE LABOR ORGANIZATION AND THE COOPERATIVE MOVEMENT", OF TITLE II OF LAW FIFTY-TWO-THOUSAND NINE HUNDRED AND SEVENTY-FOUR, OF NINETEEN OF DECEMBER, GENERAL OF COOPERATIVES, REMAINS REDACTED AS FOLLOWS:

CHAPTER II

OF THE COOPERATIVE MOVEMENT

ARTICLE 53. GENERAL PRINCIPLE.-COOPERATIVES, UNIONS AND FEDERATIONS AND THE SPANISH CONFEDERATION OF COOPERATIVES CONSTITUTE THE COOPERATIVE MOVEMENT.

ARTICLE 54. UNIONS OF COOPERATIVES.-ONE. ACCORDING TO THEIR ACTIVITY, FIVE OR MORE COOPERATIVES MAY CONSTITUTE A UNION. THREE OR MORE UNIONS MAY CONSTITUTE A UNION OF A HIGHER LEVEL THAN THE UNION OF WHICH IT ASSOCIATES.

TWO. THE NAME, WHICH SHALL IN ANY CASE INCLUDE THE WORD "COOPERATIVE" OR "COOPERATIVE", MAY INCLUDE THE WORDS "PROVINCIAL", "REGIONAL", "NATIONAL" OR SIMILAR ONLY WHEN THE ENTITY GROUPS AT LEAST ONE THIRD OF THE CENSUS OF THE COOPERATIVES. RESPECT FOR THE ACTIVITIES CONCERNED.

THREE. ADMISSION TO A UNION, OF ANY FIELD, TO THE COOPERATIVE OR UNION WHICH, RESPECTIVELY, SO REQUESTS, SHALL NOT BE REFUSED, PROVIDED THAT IT IS OF EQUAL ACTIVITY AND HAS ITS REGISTERED OFFICE WITHIN THE SCOPE OF THE ACTION OF THAT UNION; NO CASE MAY BE BASED ON NON-ADMISSION FOR POLITICAL, RELIGIOUS OR RACE REASONS.

NO COOPERATIVE OR UNION MAY SIMULTANEOUSLY BELONG TO MORE THAN ONE UNION PURSUING THE SAME OBJECT.

FOUR. ONCE THEY ARE REGISTERED IN THE SPECIAL SECTION OF THE GENERAL REGISTER OF COOPERATIVES, THE UNIONS ACQUIRE LEGAL PERSONALITY AND ENJOY FULL CAPACITY IN THEIR RESPECTIVE FIELDS, WITH AUTONOMY FOR THEIR STATUTES, WITH THEM APPLYING WITH SUBSIDIARY CHARACTER IS ESTABLISHED IN THIS LAW FOR COOPERATIVES, INCLUDING THE PROVISIONS ON INSPECTION, INFRINGEMENTS AND PENALTIES.

FIVE. CORRESPONDS TO THE JOINS:

A) REPRESENT THE MEMBERS THAT YOU ASSOCIATE, IN ACCORDANCE WITH WHAT THEY SET OUT IN THEIR STATUTES.

B) TO MAINTAIN AND ENSURE THE PURITY OF THE COOPERATIVE SPIRIT AND HARMONY AMONG ITS MEMBERS, EXERCISING TO THIS END THE RECONCILIATION IN THE CONFLICT SITUATIONS.

(C) ORGANISE FOR POOLED COOPERATIVE ENTITIES, SERVICES OF COMMON INTEREST IN ACCOUNTING, LEGAL, TECHNICAL AND SIMILAR ADVICE AND REVIEW.

D) TO PROMOTE AND GUIDE COOPERATIVE TRAINING.

E) TO PROMOTE CARE WORKS.

F) EXERCISE ANY OTHER ACTIVITY OF A SIMILAR NATURE.

SEIS. UNIONS WILL HAVE THE FOLLOWING ORGANS:

A) THE GENERAL ASSEMBLY, FORMED BY THE LEGAL REPRESENTATIVES OF THE COOPERATIVES, OR, WHERE APPROPRIATE, OF THE GROUPED UNIONS. EACH ENTITY GROUPED TOGETHER IN A UNION SHALL BE ENTITLED TO ONE VOTE UNLESS THE STATUTES OF THE UNION SET A SYSTEM PROPORTIONAL TO THE NUMBER OF MEMBERS OF EACH MEMBER, WITH THE LIMITATIONS LAID DOWN FOR THE PLURAL VOTE IN THE ARTICLE. TWENTY-FIVE, FOR COOPERATIVES OF SECOND AND SUBSEQUENT DEGREES.

B) THE GOVERNING COUNCIL, WHICH SHALL BE COMPOSED OF THE MEMBERS WHO ARE STATUTORY, UP TO A MAXIMUM OF TWELVE AND A MINIMUM OF THREE, ELECTED BY SECRET BALLOT IN GENERAL ASSEMBLY FOR EACH POST, PROVIDED THAT THE STATES DO NOT GRANTED TO THOSE THE INTERNAL DISTRIBUTION OF THE CHARGES ON THE COUNCIL.

C) THE ACCOUNTS, IN NUMBER OF THREE, CHOSEN BY THE GENERAL ASSEMBLY.

THE SCHEME OF PROHIBITIONS, INCOMPATIBILITIES AND GUARANTEES PROVIDED FOR MEMBERS AND AUDITORS OF THE ACCOUNTS OF COOPERATIVES WILL ALSO BE APPLICABLE IN UNIONS.

SIETE. THE ECONOMIC RESOURCES OF THE UNIONS SHALL BE AS FOLLOWS:

(A) THE QUOTAS AGREED BY THE GENERAL ASSEMBLY BY A TWO-THIRDS MAJORITY.

B) THE AMOUNTS AND COMPENSATION TO BE ESTABLISHED FOR THE PROVISION OF THEIR SERVICES TO THE ASSOCIATED ENTITIES.

C) DONATIONS, GRANTS, LEGACIES, AND OTHER INCOME THEY RECEIVE.

THE BUDGET WILL BE APPROVED BY THE GENERAL ASSEMBLY, TO WHICH THE ACCOUNTS WILL ALSO BE RENDERED PRIOR TO THEIR TIMELY INTERVENTION.

EIGHT. THE UNIONS ARE OBLIGED TO PROVIDE THE DATA AND REPORTS REQUESTED BY THE MINISTRY OF LABOUR AND, WHERE APPROPRIATE, BY THE OTHER DEPARTMENTS IN RELATION TO THE ACTIVITIES OF THEIR RESPECTIVE COMPETENCE, AS WELL AS BY THE CONFEDERATION SPANISH CO-OPERATIVES.

ARTICLE 55. THE FEDERATIONS OF COOPERATIVES.-ONE. THE FEDERATIONS OF COOPERATIVES ARE COOPERATIONS OF PUBLIC LAW, LINKED TO THE MINISTRY OF LABOUR. THEY ENJOY LEGAL PERSONALITY AND THE CAPACITY TO ACT NECESSARY FOR THE FULFILMENT OF THEIR AIMS AND THE EXERCISE OF THEIR LEGAL FUNCTIONS.

TWO. IN EACH PROVINCE THERE WILL BE A FEDERATION, AS A REPRESENTATIVE BODY AND DEFENSE OF THE COOPERATIVE MOVEMENT AND OF ITS ENTITIES WHOSE REGISTERED OFFICE IN THE PROVINCE.

NOTWITHSTANDING THE PROVISIONS OF THE PREVIOUS PARAGRAPH, PRIOR AGREEMENT OF TWO THIRDS OF THE TOTAL OF THE CENSUS OF THE COOPERATIVES OF EACH AFFECTED PROVINCE, AND REPORT OF THE SPANISH CONFEDERATION OF COOPERATIVES, THE THE MINISTRY OF LABOR MAY AUTHORIZE THE MERGER OF TWO OR MORE PROVINCIAL FEDERATIONS, LEADING TO THE EXTINCTION OF THE MERGED FEDERATIONS AND THE CREATION OF AN INTER-PROVINCIAL FEDERATION. LIKEWISE, AND PRIOR TO THE SAME FORMALITIES, THE CREATION OF FEDERATIONS OF INTER-PROVINCIAL OR REGIONAL LEVEL MAY BE AUTHORIZED, THE RESPECTIVE PROVINCIAL FEDERATIONS SUBSISTING.

THREE. THE FEDERATIONS WILL HAVE, WITHIN THEIR TERRITORIAL SCOPE, THE FUNCTIONS AND POWERS RECOGNIZED IN THIS LAW AND ITS IMPLEMENTING RULES TO THE SPANISH CONFEDXERATION OF COOPERATIVES, WITH THE CAVEATS THAT WILL BE REGULATED.

FOUR. THE COMPOSITION AND ORGANIZATION OF EACH FEDERATION OF COOPERATIVES WILL BE ESTABLISHED IN THE STATUTES ELABORATED BY THE SAME AND ELEVATED, THROUGH THE SPANISH CONFEDERATION OF COOPERATIVES, TO THE ENDORSEMENT OF THE MINISTRY OF LABOR.

FIVE. IT SHALL APPLY TO THE ASSOCIATIONS OF COOPERATIVES, IN RESPECT OF ENTITIES WHOSE REGISTERED OFFICE IS SITUATED IN THEIR FIELD, AS ESTABLISHED FOR THE SPANISH CONFEDERATION OF COOPERATIVES, IN THE TERMS WHICH THEY REGULATE IN RESPECT OF THE GOVERNMENT BODIES AND ECONOMIC RESOURCES.

ARTICLE 56. THE SPANISH CONFEDERATION OF COOPERATIVES.-ONE. THE NATIONAL FEDERATION OF COOPERATIVES, WHICH BECOMES KNOWN AS THE SPANISH CONFEDERATION OF COOPERATIVES, IS THE HIGHEST REPRESENTATIVE AND DEFENSE ORGAN OF THE COOPERATIVE MOVEMENT AND ITS ENTITIES. AS SOON AS THE CORPORATION OF PUBLIC LAW IS LINKED TO THE MINISTER OF LABOR, IT ENJOYS LEGAL PERSONALITY AND FULL CAPACITY TO ACT FOR THE FULFILLMENT OF ITS AIMS.

TWO. CORRESPONDS TO THE CONFEDERATION:

A) THE PUBLIC REPRESENTATION OF THE COOPERATIVE MOVEMENT, BEING ABLE TO EXERCISE RELEVANT LEGAL ACTIONS.

B) INFORM THE DRAFT LAWS AND REGULATIONS DIRECTLY RELATING TO COOPERATIVE ENTITIES AND THEIR MOVEMENT.

(C) ARBITRATION IN DISPUTES ARISING BETWEEN THE COOPERATIVE ENTITIES, OR BETWEEN THEM AND THEIR MEMBERS, WHEN BOTH PARTIES REQUEST THIS ARBITRATION OR ARE OBLIGED TO DO SO BY THEIR STATUTES. THE RULES OF APPLICATION AND DEVELOPMENT SHALL GOVERN THIS ARBITRATION.

(D) TO INFORM THE MINISTRY OF WORK, WHEN REQUESTED, IN THE CASES OF DOUBT AS TO WHETHER OR NOT A PARTICULAR ENTITY BELONGS TO THE COOPERATIVE SECTOR.

E) TO PARTICIPATE IN THE MONITORING OF THE PURITY AND PROPER OBSERVANCE OF THE GENERAL PRINCIPLES OF THE COOPERATIVE MOVEMENT.

F) TO PARTICIPATE IN THE DISSEMINATION OF THE PRINCIPLES OF THE COOPERATIVE MOVEMENT, STIMULATING THE CORRESPONDING EDUCATION AND TRAINING.

G) REPRESENT THE COOPERATIVE MOVEMENT IN THE VARIOUS DEPARTMENTS AND AGENCIES OF THE PUBLIC ADMINISTRATION THAT HAVE POWERS OR PERFORM FUNCTIONS THAT AFFECT THE MOVEMENT OR THE COOPERATIVE ENTITIES IN GENERAL.

H) TO PROTECT AND DEFEND THE LEGITIMATE INTERESTS OF COOPERATION AND THOSE OF COOPERATIVE ENTITIES IN THEIR JOINT OR SECTORAL CONSIDERATION.

I) TO REPRESENT THE SPANISH COOPERATIVE MOVEMENT IN INTERNATIONAL ORGANIZATIONS, WHETHER OR NOT THEY ARE COOPERATIVES, AND IN THE FACE OF COOPERATIVE MOVEMENTS, AND IN THE FACE OF THE COOPERATIVE MOVEMENTS OF OTHER COUNTRIES.

J) TO CONTRIBUTE TO THE IMPROVEMENT OF THE LEGAL AND INSTITUTIONAL REGIME OF THE COUNTRY ' S SOCIO-ECONOMIC SYSTEM AND TO PARTICIPATE ACTIVELY IN INSTITUTIONS AND ORGANIZATIONS FOR THEIR ACHIEVEMENT.

K) TO ORIENT AND PROMOTE INSTITUTIONS OF FORESIGHT, CREDIT AND SAVINGS, INSURANCE AND ANALOGOUS THAT COMPLEMENT COOPERATIVISM.

L) TO ORGANIZE SERVICES OF COMMON INTEREST FOR THE ENTITIES THAT MAKE UP THE COOPERATIVE MOVEMENT, SUCH AS AUDITING AND ACCOUNTING ADVICE, LEGAL ASSISTANCE IN ITS VARIOUS BRANCHES, STUDIES AND SOCIOLOGICAL, ECONOMIC STUDIES, STATISTICS AND ANY OTHER OF SIMILAR NATURE. THESE SERVICES MAY BE ORGANIZED IN GENERAL, INTER-SECTORAL OR BY SPECIFIC SECTORS OR ACTIVITIES.

M) TO STIMULATE INTER-COOPERATIVE RELATIONS BETWEEN THE VARIOUS BRANCHES AND SECTORS OF COOPERATION TO MAKE THE MAXIMUM DEVELOPMENT OF THE PRINCIPLE OF COOPERATION BETWEEN COOPERATIVES EFFECTIVE AND TO ENHANCE, FOR THE BENEFIT OF ALL COMMUNITY AND THE COOPERATIVE MOVEMENT, ECONOMIC AND SOCIAL DEMOCRACY.

THREE. THE COMPOSITION AND ORGANIZATION OF THE SPANISH CONFEDERATION OF COOPERATIVES SHALL BE ESTABLISHED IN THE STATUTES DRAWN UP BY IT AND RAISED TO THE ENDORSEMENT OF THE MINISTRY OF LABOUR.

FOUR. THE BODIES OF THE SPANISH CONFEDERATION OF COOPERATIVES SHALL BE THE PRESIDENCY AND THE GENERAL ASSEMBLY, WHICH SHALL ACT IN FULL AND ON A STANDING COMMITTEE.

THE PLENARY ASSEMBLY OF THE GENERAL ASSEMBLY WILL BE ELECTED BY SECRET BALLOT. ALL COOPERATIVES AND THEIR UNIONS HAVE THE RIGHT TO PARTICIPATE IN THE ELECTION. EACH COOPERATIVE SHALL HAVE ONE VOTE AND EACH UNION SHALL ALSO HAVE AN INDEPENDENT VOTE CORRESPONDING TO THE COOPERATIVES. THE NUMBER OF MEMBERS OF THE GENERAL ASSEMBLY SHALL BE DISTRIBUTED PROPORTIONALLY AMONG THE VARIOUS CLASSES OF COOPERATIVES, BUT EACH CLASS MAY NOT HAVE MORE THAN ONE THIRD OF THE TOTAL OF THE MEMBERS OF THE ASSEMBLY. THOSE ELECTED BY THIS PROCEDURE WILL ELECT, IN TURN, BY A MAJORITY, UP TO A TENTH MORE MEMBERS, WHOSE DESIGNATIONS WILL FALL ON PEOPLE OF RECOGNIZED COOPERATIVE PRESTIGE.

THE PRESIDENTS OF THE FEDERATIONS WILL BE MEMBERS OF THE PLENARY.

THE PRESIDENT AND MEMBERS OF THE STANDING COMMITTEE SHALL BE ELECTED BY THE PLENARY, FROM AMONG ITS MEMBERS, BY SECRET BALLOT, BY A SIMPLE MAJORITY.

FIVE. THE ECONOMIC RESOURCES OF THE SPANISH CONFEDERATION OF COOPERATIVES SHALL BE AS FOLLOWS:

(A) THE ITEMS ASSIGNED TO YOU IN THE GENERAL BUDGET OF THE STATE.

B) THE QUOTAS FIXED BY THE GENERAL ASSEMBLY BY A TWO-THIRDS MAJORITY AND ENDORSED BY THE MINISTRY OF LABOUR, WHICH MUST BE PAID BY ALL COOPERATIVES REGISTERED IN THE GENERAL REGISTER OF COOPERATIVES AND WHOSE CANCELLATION IS NOT IT HAS PRODUCED.

(C) THE BRANCHES FIXED, IN THEIR AMOUNT AND SCHEME, BY THE GENERAL ASSEMBLY, WHICH MUST SATISFY THE COOPERATIVES WHICH HAVE APPLIED FOR AND RECEIVED THE PROVISION OF SERVICES ENTRUSTED TO THE CONFEDERATION.

D) DONATIONS, GRANTS, LEGACIES, AND OTHER INCOME YOU RECEIVE.

ARTICLE 57. MANAGEMENT AUTONOMY.-THE MANAGEMENT OF THE COOPERATIVE ENTITIES SHALL BE EXCLUSIVELY THE RESPONSIBILITY OF THE COOPERATIVE ENTITIES AND THEIR PARTNERS, AND IN NO CASE SHALL THE CONFEDERATION, THE FEDERATIONS OR THE PUBLIC ADMINISTRATION BE ALLOWED TO INTERFERE WITH IT. IT SHALL NOT BE LIABLE FOR SUCH MANAGEMENT ACTS TO THE BODIES REFERRED TO OR TO THE EMPLOYEES OR OFFICIALS WHO SERVE ON THOSE BODIES.

TRANSIENT PROVISIONS

FIRST.-WITHOUT PREJUDICE TO THE REGULATORY DEVELOPMENT OF THE POWERS ASSUMED BY THE MINISTRY OF LABOUR, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1 OF THIS DECREE, PENDING THE ENTRY INTO FORCE OF THE REGULATION I DEVELOPED LAW FIFTY-TWO-THOUSAND NINE-HUNDRED AND SEVENTY-FOUR, OF NINETEEN DECEMBER, GENERAL OF COOPERATIVES, WITH THE MODIFICATIONS INTRODUCED IN THE SAME ACCORDING TO THE ACTUAL DECREE-LAW TREINT AY UNO/THOUSAND NINE HUNDRED SEVENTY-SEVEN, OF TWO JUNE, THE FILES ON COOPERATIVE ENTITIES WILL BE PROCESSED THROUGH OF THE PROVINCIAL DELEGATION OF WORK CORRESPONDING TO THE REGISTERED OFFICE OF THE INSTITUTION.

SECOND.-FROM THE ENTRY INTO FORCE OF THIS ROYAL DECREE, THE MEMBER COOPERATIVES OF THE PRESENT TERRITORIAL AND NATIONAL UNIONS MAY, AFTER THE SETTLEMENT OF THE COMMITMENTS OF ALL KINDS THAT THEY HAVE ASSUMED VALIDLY PREVIOUSLY, UNSUBSCRIBE IN THOSE ENTITIES.

THIRD.-ONE. WITHIN ONE YEAR OF THE ENTRY INTO FORCE OF THIS ROYAL DECREE, THE CURRENTLY CONSTITUTED TERRITORIAL AND NATIONAL UNIONS WILL HAVE TO CHOOSE BETWEEN THEIR DISSOLUTION AND LIQUIDATION, OR THE ADAPTATION TO THE NEW REGULATORY NORMS OF THE MOVEMENT. COOPERATIVE.

TWO. THE UNIONS WHICH, UNDER THE ANTRIOR LEGISLATION, HAVE BEEN CARRYING OUT ECONOMIC ACTIVITIES, MAY CONTINUE TO CARRY OUT SUCH ACTIVITIES UNDER THE SAME CONDITIONS AS THEY DID, FOR THE MAXIMUM PERIOD OF ONE YEAR FROM THE ENTRY INTO FORCE OF THE THIS ROYAL DECREE. IF ALL OR PART OF ITS MEMBERS WISH TO CONTINUE THESE ECONOMIC ACTIVITIES, A MISMATCH BETWEEN THE REPRESENTATIVE AND THE UNION ' S REPRESENTATIVE ACTIVITY SHALL BE DEEMED TO BE PRODUCED, WITH ITS CORRESPONDING ASSETS, WHICH SHALL BE SUBJECT TO THE NUMBER ONE OF THIS TRANSITIONAL PROVISION, AND THE ECONOMIC ACTIVITY OF THE UNION, WITH ITS CORRESPONDING ASSETS, WHICH MAY BE CONVERTED INTO ONE OR MORE COOPERATIVES OF A SECOND OR A LATER DEGREE. IN THE LATTER CASE, IT SHALL BE FOR THE GENERAL ASSEMBLY OF THE RESPECTIVE UNION, IN THE LIGHT OF MEMORY, DETAILED BALANCE SHEET AND PROPOSAL SUBMITTED BY THE GOVERNING COUNCIL, TO APPROVE THE UNION ' S BALANCE SHEET, WITH A SPECIFIC DETERMINATION OF THE IMPUTATION OF THE ASSETS AND LIABILITIES TO BE ALLOCATED TO THE COOPERATIVES OF SECOND OR SUBSEQUENT GRADE WHICH CONTINUE TO CARRY OUT THE ECONOMIC ACTIVITIES CARRIED OUT BY THE LATTER.

THE TRANSFORMATION OF THE UNION INTO SECOND OR SUBSEQUENT COOPERATIVES, WHICH CONTINUE TO BE THE ECONOMIC ACTIVITY OF THE UNION, MUST BE FORMALIZED, IN ACCORDANCE WITH THE GENERAL RULES ON THE FORMATION OF COOPERATIVES, AND THE NOTARIAL AND REGISTERED TARIFFS WILL HAVE THE REDUCTION PROVIDED FOR IN PARAGRAPH FIVE OF ARTICLE FORTY-THREE OF LAW FIFTY-TWO-THOUSAND NINE HUNDRED AND SEVENTY-FOUR.

THE PREVIOUS FORMALITIES, INCLUDING THE CONCLUSION OF THE GENERAL ASSEMBLY OF THE UNION AND THE FORMALIZATION OF THE TRANSFORMATION OF THE UNION INTO THE ONE OR THE COOPERATIVE COOPERATIVES OF ITS ECONOMIC ACTIVITY, MUST BE FULFILLED WITHIN THE PERIOD A MAXIMUM OF ONE YEAR FROM THE ENTRY INTO FORCE OF THIS ROYAL DECREE.

THREE. FOR ALL PURPOSES THE COOPERATIVES OF THE SECOND AND SUBSEQUENT GRADES WHICH ARE CONSTITUTED BY TRANSFORMATION OF THE UNIONS IN COMPLIANCE AND UNDER THE AMPARO OF THE SAID TRANSITIONAL PROVISION SHALL BE DEEMED TO CONTINUE THE LEGAL PERSONALITY OF THE THE UNION AS FAR AS THE ECONOMIC INTERESTS OF THE UNION ARE CONCERNED. CONSEQUENTLY, IT WILL BE ESTIMATED THAT THERE HAS BEEN NO TRANSFER OR TRANSFER, FOR THE PURPOSES OF THE LAW ON URBAN OR RUSTIC LEASES, BUT THAT SUCH COOPERATIVES ARE CONTINUING IN THE LEASE, AND THE OWNERSHIP OF THE LEASE MUST BE RECOGNISED, AND WITHOUT IT BEING POSSIBLE TO JUSTIFY ACTION OF RESOLUTION OR OF EVICTION BY THE LANDLORD.

THE SAME SHALL BE UNDERSTOOD IN RESPECT OF TRADE NAMES, TRADEMARKS, PATENTS AND ANY OTHER TITLES AND RIGHTS OF THE HOLDERS OF THE UNIONS AND WHICH MUST PASS, FOR THE TRANSFORMATION IMPOSED, TO THE COOPERATIVES THAT REPLACE THOSE.

FOUR. WITH REGARD TO THE PART OF THE ESTATE WHICH THE UNION PARTIALLY DEDOUBLED IN COOPERATIVES OF A SECOND AND A LATER DEGREE WHICH IS NOT ATTRIBUTABLE TO THESE NEW ENTITIES, IT SHALL CONTINUE TO BE ATTACHED TO THE UNION DULY ADAPTED TO THE FUNCTIONS WHICH IT IS RESPONSIBLE FOR. ACCORDING TO THE NEW REGULATIONS OF THE COOPERATIVE MOVEMENT.

FINAL PROVISIONS

FIRST.-ACCORDING TO THE ACTUAL DECREE-LAW THIRTY-ONE-THOUSAND NINE HUNDRED AND SEVENTY-SEVEN, OF TWO JUNE, THE GOVERNMENT WILL DICTATE THE RULES CONCERNING THE REPRESENTATIONS OF THE COOPERATIVE MOVEMENT IN THE COUNCILS, COMMISSIONS AND OTHER COLLEGIATE BODIES OF THE PUBLIC ADMINISTRATION, WITH THE SEVENTH FINAL PROVISION OF LAW FIFTY-TWO-THOUSAND NINE HUNDRED AND SEVENTY-FOUR, OF 19 DECEMBER, AND THE OTHER RULES, BEING REVISED IN SUCH A SENSE REPRESENTATIONS, IN FORCE AT THE ENTRY INTO FORCE OF THIS ROYAL DECREE.

SECOND.-WITHIN THE SIX MONTHS PERIOD, COUNTED FROM THE PUBLICITY OF THE PRESENT ROYAL DECREE, THE MINISTRY OF LABOUR WILL DICTATE THE RULES ON THE ELECTORAL REGIME OF THE VARIOUS ORGANS OF THE FEDERATIONS AND THE THE SPANISH CONFEDERATION OF COOPERATIVES, AS WELL AS THE RULES FOR DETERMINING THE NUMBER OF MEMBERS OF THE GENERAL ASSEMBLY OF THOSE BODIES IN RELATION TO THE CENSUS OF COOPERATIVES IN THE CORRESPONDING TERRITORIAL AREA.

THIRD.-THE MINISTRY OF LABOR WILL DICTATE THE REMAINING RULES THAT ARE PRECISE FOR THE APPLICATION AND DEVELOPMENT OF THIS ROYAL DECREE, WITH THE AUTHORITY TO CLARIFY AND INTERPRET IT.

GIVEN IN MADRID, AT SEVENTEEN IN JUNE OF A THOUSAND NINE HUNDRED AND SEVENTY-SEVEN.-JUAN CARLOS.-LABOR MINISTER, ALVARO RENGIFO CALDERÓN.