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Order Jus / 698/2016, Of May 4, Laying Down The Requirements And Conditions For The Signing Of Agreements Enabling Electronic Filing Of Requests For Spanish Nationality By Residence Are Set Representing ...

Original Language Title: Orden JUS/698/2016, de 4 de mayo, por la que se establecen los requisitos y condiciones para la suscripción de Convenios de habilitación para la presentación electrónica de solicitudes de nacionalidad española por residencia en representación de...

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ss="parrafo">3. The conventions to be signed shall ensure the same legal status for all signatories, without the possibility of establishing different or restrictive conditions for specific cases in respect of the content of each of them.

Article 5. Suspension and resolution of the convention.

When the Director General of the Registers and the Notary finds that there has been a breach of the Organic Law 15/1999, of December 13, of Protection of Personal Data and other applicable regulations in the protection of personal data by a General Council or equivalent body signatory to the Convention with the Ministry of Justice, or any of its members, associates or members, may agree as a precautionary measure suspension of the validity of the convention. At the same time, it shall initiate the appropriate checks and investigations to verify the circumstances in which the facts have occurred and may, at the end of the day, request the exclusion of the collegiate, associate or member who has committed the infringement. The outcome of such actions shall be brought to the attention of the Deputy Secretary of Justice who, after hearing proceedings, may resolve the settlement of the agreement. In the case of the agreement of the precautionary measure suspending the agreement, the possibility must be agreed or not to continue the actions which will be in progress at the time of the resolution and whose suspension could cause serious harm to the interested.

Article 6. Causes of resolution.

The convention can be resolved by the following causes:

1. Mutual agreement of the parties expressed in writing.

2. Denunciation of the agreement made by any of the parties at any time, having effects within three months of their feisty notification.

3. For serious non-compliance with the obligations set out in the conventions by the signatory entities. In such cases, after the failure to comply, the General Directorate of the Registers and the Notary, after hearing the entity concerned, shall forward the result of the checks to the Deputy Secretary of Justice to take the measure which proceed.

The resolution of the Convention must indicate the date on which it will take effect and the possible continuation of actions which cannot be completed without causing serious harm to the parties concerned.

Final disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, May 4, 2016. -Minister of Justice Rafael Catala Polo.

ANNEX 1

Requirements of the file preparation platform of the subjects entitled to subscribe to the Conventions (Articles 2 and 3)

The subjects entitled to the subscription of Conventions must make available to the Ministry of Justice a single and centralized platform for the preparation of the files for the acquisition of nationality by residence presented by their schoolgirls or associates.

The platform must have the following features:

(a) Allow the digitisation, custody and visa of the documentation provided for in Article 5. of Royal Decree 1004/2015 of 6 November, approving the Regulation governing the procedure for the acquisition of the Spanish nationality by residence, in the terms established by the Ministry of Justice.

(b) The application for the granting of the Spanish nationality by residence as well as the digitised and visada documentation shall be transmitted electronically to the Ministry of Justice.

For the purposes of the said custody, there must be a contract in the terms of Article 12 of the Organic Law 15/1999 of December 13, and the security measures deriving from both Article 9 of the Law and Law 15/1999 must be complied with. Organic as from Title VIII of the Implementing Regulation of Organic Law 15/1999, approved by Royal Decree 1720/2007, of 21 December.

c) Facilitate the permanent, comprehensive and real-time access of the Ministry of Justice to the Register of representatives attached to the Convention, as well as to all files submitted by those.

ANNEX 2

Individualized Document of Accession to the Collaboration Agreement

D/D (or social reason) ................................................................................................., with domicile in ...................................................... (full address), as a collegiate The Official College of .................. of ..............., adhered according to the Protocol signed on date ...........................................

Subscribe to this individualized document of accession to the Agreement of Cooperation signed between the Ministry of Justice and the General Council of ......................... of Spain of corresponding Protocol of Accession of the Territorial College of ....................................... and declares to know and accept its clauses and the conditions of use that the signatory parties adopt, as well as to adjust the presentation of documents, communications, declarations and any other documents required by the current regulations applicable in each case, in the terms and conditions laid down in the rules and in the Partnership Convention referred to.

It also undertakes to submit applications through the electronic application of the preparation of files that the General Council makes available to the Ministry of Justice.

The signatory of this document shall have sufficient representation of the citizens on whose behalf the documents are present, send and receive relevant communications and declarations, in accordance with the terms laid down in Articles 32 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and 5 and 6 of Law 39/2015 of 1 October of the Common Administrative Procedure of Public Administrations. The competent authority may, at any time, request the accreditation of such representation.

This accession document shall have effect from the day following its signature and shall have the same duration as the Convention on Partnership. Its validity shall be subject to compliance with the general conditions laid down in the applicable rules in relation to actions on behalf and representation of third parties.

In ............................., to ...... of ................ of ......

Fdo.: The adherent colegate

qualification.

Article 4. Effectiveness of the conventions.

1. Conventions shall have effects on the signatory organisations and on natural or legal persons who are members of the collective or members of the association, and who adhere to the conventions by means of an individual document of accession, presented before General Council or equivalent body that has signed the agreement with the Ministry of Justice, the college, association or collective that expressly collects the acceptance of its entire content and which is included as Annex 2 to this Order.

2. The natural or legal persons attached to the agreements may disassociate themselves from them by expressing their will to the General Council or equivalent body which has signed the agreement with the Ministry of Justice of the college, association or collective. corresponding to a minimum notice period of 15 days. Before the end of that period, the General Council shall transmit a communication to the General Directorate of the Registers and the Notary, ceasing the rating from the day specified therein.