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Royal Decree 594/2015 Of 3 July, The Registry Of Religious Entities Regulated.

Original Language Title: Real Decreto 594/2015, de 3 de julio, por el que se regula el Registro de Entidades Religiosas.

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TEXT

INDEX

Title I. Entities and Ensignable Acts.

Article 1. Object.

Article 2. Enrolled Entities.

Article 3. Acts with access to the Register.

Title II. Registration procedures.

Chapter I. Enrollment of the foundation or establishment in Spain of religious entities.

Article 4. Right of registration.

Article 5. Application for registration.

Article 6. Registration of Churches, Confessions and Religious Communities.

Article 7. Registration of entities created by a Church, Confession or registered religious community.

Article 8. Enrollment of Federations.

Article 9. Registration of entities of foreign origin.

Article 10. Instruction of the registration files.

Article 11. Resolution.

Chapter II. Registration of the amendment of the statutes.

Article 12. Application for registration.

Article 13. Procedure.

Article 14. Registration of the identity of the owners of the representative bodies.

Chapter III. Annotation and cancellation of the adherence of religious entities to a Federation.

Article 15. Application for membership of religious entities to a Federation.

Article 16. Request for cancellation of the membership of religious entities to a Federation.

Chapter IV. Annotation of places of worship.

Article 17. Request for annotation and cancellation of places of worship.

Chapter V. Annotation of the status of a minister of worship.

Article 18. Request for annotation and documentation to be provided.

Chapter VI. Cancellation of the registration of religious entities.

Article 19. Cancellation of registration.

Article 20. Cancellation procedure requested by the entity.

Chapter VII. Common provisions.

Article 21. Documentation in electronic form.

Article 22. Error subhealing.

Article 23. Ability to certify.

Article 24. Resources.

Title III. Structure and operation of the Registry of Religious Entities.

Article 25. Location and organic dependency of the Registry of Religious Entities.

Article 26. Sections of the Register of Religious Entities.

Article 27. Log tabs.

Article 28. Marginal annotations.

Article 29. Statement of operation.

Title IV. Advertisement of the Registry of Religious Entities.

Article 30. Advertisement of the Register.

Article 31. Certifications.

Article 32. Copy of the seats.

Article 33. Obtaining certificates and copies of seats.

Article 34. Certifications on the status of legal representative.

Additional disposition first. Collaboration agreements with the Autonomous Communities.

Additional provision second. Protection of personal data.

Additional provision third. Electronic management of administrative procedures and documentation repository.

Additional provision fourth. Adequacy of the Register to the provisions of this royal decree.

Additional provision fifth. Statement of operation.

First transient disposition. Rules applicable in the transitional period.

Second transient disposition. Religious foundations of the Catholic Church.

Single repeal provision.

Final disposition first. Competence title.

Final disposition second. Supplementary rules.

Final disposition third. Organization and operating expenses.

Final disposition fourth. Application and development of the royal decree.

Final disposition fifth. Entry into force.

I

The Registry of Religious Entities is a legal instrument qualified for the collective exercise of the fundamental right of religious freedom, guaranteed in Article 16 of the Spanish Constitution of 27 December 1978, since the Organic Law 7/1980, of 5 July, of Religious Freedom provided that " the Churches, Confessions and Religious Communities, as well as their Federations will enjoy legal personality once inscribed in the corresponding the public register which is created for that purpose in the Ministry of Justice. '

The constitution and functioning of the Registry were regulated by Royal Decree 142/1981 of 9 January on the Organization and the Functioning of the Registry of Religious Entities. This rule was supplemented, in some respects, by others of equal or lower rank, as were Royal Decree 589/1984 of 8 February on Religious Foundations of the Catholic Church, and the Order of 11 May 1984 on the Registration of Religious Entities.

Other rules that have affected the functioning of the Registry have been incorporated into the legal order as have been, among others, Law 30/1992, of 26 November, of the Legal Regime of the Administrations. Public and the Common Administrative Procedure or Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, or Law 11/2007, of 22 June, of electronic access of citizens to the Services Public, modified in turn by various laws. Also, Laws 24, 25 and 26/1992, of 10 November, for which the Agreements of cooperation of the State with the Federation of Evangelical Religious Entities of Spain, the Federation of the Israeli Communities of Spain, were approved respectively. and the Islamic Commission of Spain.

The present royal decree is to modify the legal regulation of the Registry of Religious Entities after more than 30 years of validity. The current regulation has been overcome and does not respond adequately to the current needs of the Registry. The specific character of many of the actions requested to the Registry of Religious Entities cannot always find an efficient answer with the application of the regulations on the common administrative procedure.

This new legal framework refers to the doctrine derived from the judgment of the Constitutional Court 46/2001, of February 15, and the application that the Courts have been making since the interpretation of the nature of the function of the Registry of Religious Entities as "mere finding, not of qualification", which extends to the verification that the entity is not one of those excluded by Article 3.2 of the Law Organic 7/1980, of 7 July, does not exceed the limits provided for in Article 3.1 of the same law, without it being able to carry out control of the legitimacy of religious beliefs.

Likewise, the reform is part of the guidelines to be set by the OSCE/ODHIR in its fifties and nine plenary sessions, held in June 2004, updated at the meeting that took place on 13 and 14 June 2014, in the the importance of the right to acquire and maintain the legal personality and the impossibility of the different States being able to impose sanctions or limitations on religious groups that prevent the acquisition of legal personality by their access to the Register. In this respect, the European Court of Human Rights has recognised in numerous judgments that registration is one of the most important aspects of the right of association. This is, that restrictions on the right to obtain legal personality by religious groups are contrary to the European Convention on Human Rights, in particular for violation of the right of association and the right to freedom. religious. The acquisition of legal personality constitutes a right for religious entities as expressed by the Constitutional Court in the aforementioned judgment 46/2001, being that, in our system, this acquisition is produced by the access to the Registry of Religious Entities, as noted above. The new legislation is also part of the European Union's guidelines on the promotion and protection of freedom of religion and belief adopted by the Council of the European Union on 24 June 2013 when it states that the The registry must be configured as a means to facilitate the exercise of freedom of religion or belief.

Finally, it is necessary to address the introduction of new technologies in the management of the Registry, which, in addition to the improvements in its organization, allows this Registry to be incorporated into the Administration's challenge Electronics.

II

This royal decree is divided into four titles. Title I is dedicated to the entities and acts inscriptions; Title II, to the registration procedures that are dealt with in the Registry of Religious Entities; Title III refers to the structure and functioning of the Registry and Title IV regulates the advertising of the Register. The royal decree also has five additional provisions, two transitional provisions, one repeal and five endings.

Title I defines the object of the royal decree and lists the entities and acts that are inscribable by introducing greater precision in the regulation. This follows the correspondence of the norm with the reality of the confessions that adopt forms of organization that it was not always possible to fit in the relation of ensignibles contained in the previous regulations. As regards the acts which may be able to access the Registry, it contains the list of the same persons attended to the usual practice of the Registry, explaining those acts that were being recorded at the request of the entities, as is the case of places of to worship or to join the federations, or to introduce some that were not object of annotation until now, as the case of the ministers of worship.

Title II is dedicated to the regulation of the various registration procedures, filling the gaps in the previous regulations. In general, the regulation clarifies the requirements to be completed by the entities that access the Registry, the presentation of the documentation in computer support and the processing of the new procedures.

With regard to the procedure for the registration of Churches, Confessions or Religious Communities, it has been incorporated with a potestative character that the foundation or establishment in Spain is endorsed by a minimum number of people. This possibility, which is offered to the entities that access the Registry, has its antecedent in the international guidelines cited by the OSCE/ODHIR that it considers appropriate, in order to proceed to the registration, the existence of a number of members to establish a certain stability provided that the exercise of the right is not hindered. With this, the Churches, Confessions and Religious Communities will be able to express the existence of a minimum community of believers that constitutes the entity and assumes the rights and obligations arising from the Organic Law of Religious Freedom and, in the cases of confessions which have been signed by the State, those provided for in the Agreement. This requirement does not extend, however, to those other entities which may be registered, erected or constituted by the Churches, Confessions or Religious Communities.

Another important development is the obligation to register the owners of the representative bodies of the religious entities, which in the previous legislation was a potestative for the entities. The reality is that, in the majority, the entities presented to the Registry the nominal relation of their legal representatives given the evidentiary effectiveness that such regulation granted to the certification of the Registry.

Among the new developments contained in this royal decree, it highlights the procedure for registering the incorporation or separation of a community to a federation or the procedure for scoring the ministers of worship of those churches, confessions or registered religious communities who request it unless they have the capacity to celebrate or certify acts with civil effects, in which case the annotation is obligatory, option is that has come being claimed by the religious entities themselves who wanted to have the security that, to effects of the application of the legal regime foreseen for the ministers of worship, offers the registration record.

In general, the new regulation aims to clarify the requirements to be fulfilled by the entities that access the Registry and to incorporate the presentation of the documentation in support and by electronic means.

Title III is dedicated to the "Structure and functioning of the Registry of Religious Entities" that maintains its current structure by sections adding a new historical section to which the seats of the entities will be transferred cancelled or denied. The regulation improves the description of the registration form which will be drawn up in accordance with electronic procedures and refers, for the first time, to the marginal annotations which will be made in the event of pending court proceedings affect the appointment of the legal representatives of the entity, or the lack of a declaration of operation that is foreseen in the actual decree itself, annotations that will have informative effects.

Title IV contemplates the "Advertising of the Registry of Religious Entities" incorporating both the use of new technologies and electronic means and the requirements arising from the regulations on data protection personal character and Law 19/2013, of December 9, of transparency, access to public information and good governance.

Finally, among the additional, transitional and final provisions, in addition to the usual content, some others are worth mentioning. This is the case for the possibility of signing collaboration agreements with the autonomous communities that have in their Statutes of Autonomy the competences in the field in order to determine their participation in the management of the Registry; that the registered entities have a declaration of being in a functioning situation in order to allow the Registry to carry out more correspondence with the reality, improving the public service it provides; or the provision that maintains the validity of the inscription of foundations erected by the Catholic Church as long as the general regulation of the foundations of religious entities.

In the elaboration of this royal decree, the report of the plenary session of the Advisory Commission on Religious Freedom was taken into account in its meeting of 26 November 2014 and the report of the Spanish Data Protection Agency. of 18 March 2015.

In its virtue, on the proposal of the Minister of Justice, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and after deliberation by the Council of Ministers at its meeting of the day 3 July 2015,

DISPONGO:

TITLE I

Ensignable Entities and Acts

Article 1. Object.

This royal decree is intended to regulate the Registry of Religious Entities, created in accordance with the provisions of Article 5 of the Organic Law 7/1980 of 5 July on Religious Freedom, entities and acts registration, registration procedures and the legal effects arising therefrom. The Registry of Religious Entities shall be located in the Ministry of Justice with a general and public record.

Article 2. Enroll entities.

In the Registry of Religious Entities you can register:

1. Churches, Confessions and Religious Communities, as well as their Federations.

2. The following types of religious entities, provided they have been erected, created or instituted by a Church, Confession or Religious Community or Federations of the same inscribed in the Register:

a) Your territorial constituencies.

b) Your local congregations, sections, or communities.

c) Institutions of an institutional nature that are part of their structure.

d) Associations for religious purposes that they believe or erijan, as well as their federations.

e) The seminars or training centers of their ministers of worship.

(f) Higher education institutions which provide exclusive theological or religious teachings of the Church, Confession or Religious Community inscribed.

g) The monastic or religious communities and the orders or federations in which they are integrated.

h) The institutes of consecrated life and societies of apostolic life, their provinces and houses, as well as their federations.

i) Any other entities that are eligible for registration in accordance with the Agreements between the Spanish State and religious confessions.

Article 3. Acts with access to the Register.

They will have access to the Registry, in accordance with the procedure set out in this royal decree, the following acts:

a) The foundation or establishment in Spain of the religious entity.

b) Statutory modifications.

c) The identity of the holders of the entity's representation body.

d) The incorporation and separation of entities into a federation.

e) The dissolution of the entity.

f) Places of worship.

g) The ministers of worship.

(h) Any other acts which may be registered or entered in accordance with the Agreements between the Spanish State and religious confessions.

TITLE II

Register procedures

CHAPTER I

Registration of the foundation or establishment in Spain of religious entities

Article 4. Right of registration.

1. An institution which is registered under Article 2 shall have legal personality once entered in the Register of Religious Entities.

2. Registration may be refused only if the requirements laid down in Organic Law 7/1980, 5 July, Religious Freedom or in this royal decree are not met.

Article 5. Application for registration.

1. The application for registration shall be sent to the Registry of Religious Entities of the Ministry of Justice and may be filed with the offices and registers referred to in Article 38.4 of Law 30/1992 of 26 November of the Legal Regime of the Public administrations and the Common Administrative Procedure, or by electronic means in the terms provided for in Law 11/2007, of 22 June, of electronic access of citizens to Public Services.

2. The application shall specify which type of entity listed in Article 2 is intended to register and attach the documents specified in the following Articles, according to the type of entity whose registration is requested. The authentic documents to be provided may be original or certified copies thereof in accordance with the terms laid down in Article 46 of Law No 30/1992 of 26 November.

Article 6. Registration of Churches, Confessions and Religious Communities.

1. The registration of Churches, Confessions and Religious Communities shall be initiated by their legal representatives or persons duly authorized by means of an application to be accompanied by a document to the public in which the following data:

(a) Denomination, which may not include terms that would lead to confusion about its religious nature. Names which contain expressions contrary to the laws shall not be admissible. Nor can it coincide or resemble, so that it can create confusion, with none other previously inscribed in the Registry of Religious Entities. The applicants shall provide their translation into Spanish or some of the co-official languages of the Autonomous Communities in case the name of the entity is not in Spanish or in any of the official languages of the communities. autonomous. Such translation shall not form part of the name of the entity. In any case, the names must be composed of letters of the alphabet in Spanish or in any of the official languages.

b) Address.

c) Territorial scope of action.

d) Expression of its religious purposes and of how much data is deemed necessary to accredit its religious nature. To these effects can be considered as such, their doctrinal bases, the absence of profit and their specific religious activities represented by the exercise and promotion of the cult, the maintenance of places and objects of worship, the preaching, social intervention, the dissemination of religious information, religious and moral education and teaching, religious assistance, the formation and sustenance of ministers of worship, and other analogues.

(e) Operating system, representative and governing bodies, with the expression of their powers and the requirements for their valid designation.

f) Nominal relationship of legal representatives. In the event that these are foreign nationals, they must prove their legal residence in Spain in the terms established by the legislation in force.

2. It will also be necessary to present the act of the foundation or establishment in Spain in a document raised to public writing. This act may include the nominal ratio of at least twenty elderly persons with legal residence in Spain who endorse the foundation or establishment of the Church, Confession or Religious Community.

Article 7. Registration of entities created by a Church, Confession or registered religious community.

1. For the registration of entities created by a Church, Confession, Religious Community or Registered Federation, the data provided for in paragraph 1 of the previous article shall be provided in public writing.

2. In addition, the contribution of the literal, duly authenticated testimony of the minutes of the constitution, as well as of the document of the Church, Confession, Religious Community or Federation, for which it is erected, constitutes or approves, shall be required and, if any, the conformity of the supreme body of the institution in Spain.

Article 8. Enrollment of Federations.

1. It shall apply to the inscription of Federations as set out in Articles 5 and 6.1 of this royal decree regarding the inscription of Churches, Confessions and Religious Communities.

2. The following documents will also need to be provided:

(a) The founding act in which the name, address and registration number of each of the founding entities shall be recorded, unless they are pending registration, as well as the identification data of the representatives legal for each of these.

(b) Each of the entities that are integrated into the Federation must accredit in the public deed of foundation of the same, the certification of the agreement adopted for their integration, issued by the persons or positions with the right to certify, in which the acceptance of the statutes of the Federation and the designation of the person or persons representing the religious entity in the act establishing the Federation shall be expressed.

Article 9. Registration of entities of foreign origin.

1. In addition to the requirements laid down in Articles 5 and 6, the following shall be provided for the registration of a religious entity dependent on another established abroad:

a) A copy of the foreign entity's existing statutes.

(b) Certificate of the foreign entity containing the identity of its legal representatives or of the holders of its representative bodies in the country of origin and of those who have been designated as such in Spain.

c) A certificate or document stating that the foreign entity is legally recognized in its country of origin.

2. The documents referred to in the previous paragraph shall be duly legalized and translated, where appropriate, in accordance with the relevant international conventions on the matter.

Article 10. Instruction of the registration files.

1. The instruction in the registration files shall correspond to the General Subdirectorate of Relations with Confessions.

2. The competent body may seek to report to the Religious Freedom Advisory Commission as well as any other information it deems necessary on the application for registration.

Article 11. Resolution.

1. The Minister of Justice shall give the decision from which the persons concerned shall be indicated, if it is favourable, the data for the identification of the registered registration.

2. After the period of six months from the date on which the application has entered into any of the Records of the Ministry of Justice, if no judgment has been given and notified, it shall be deemed to have been deemed to have been Article 43 of Law 30/1992 of 26 November.

CHAPTER II

Enrollment of the modification of the statutes

Article 12. Application for registration.

1. The modification of the data of the entity referred to in Article 6.1 shall be communicated to the Registry of Religious Entities within three months of the adoption of the modification agreement in the manner provided for by the statutes. of the entity.

2. The following documents shall be provided together with the application:

(a) A public document containing either the minutes of the meeting or the certification of the agreement of the competent body to take such amendment. In any event, the document shall contain the agreement adopted by which the statutes, the amended articles, the quorum of assistance when required by the statutes, the outcome of the vote and the date of its approval are amended.

(b) In the amendments of statutes affecting the purpose or the operating system, representative and governing bodies of the entity, the full text of the new statutes shall be provided in public document which include the approved amendments, including the list of modified articles and the date of the agreement on which the amendment was adopted, in due diligence at the end of the document.

3. Requests for statutory amendments shall not be processed after the three-month period has elapsed since the adoption of the relevant agreement without prejudice to the fact that the amendment has been repeated by the competent bodies of the institution, the application is resubmitted in time.

Article 13. Procedure.

1. The registration of the statutory amendments shall be subject to the same requirements as for their registration, except for the change of the legal representatives to be made in the form provided for in the following Article.

2. The amendments shall be entered by resolution of the holder of the Directorate-General for International Legal Cooperation and Relations with Confessions and shall produce the appropriate legal effects from the time of their registration.

3. After the period of three months from the date on which the application has entered into any of the Records of the Ministry of Justice, if no judgment has been given and notified, it shall be deemed to have been deemed to have been Article 43 of Law 30/1992 of 26 November.

Article 14. Registration of the identity of the owners of the representative bodies.

1. The modification of the rightholders of the representative bodies shall be communicated to the Registry of Religious Entities within three months of the adoption of the amendment agreement.

2. The application for registration of such amendment must be accompanied by the public document containing the minutes of the meeting, or the certification of the agreement adopted by the competent body, in addition to the date on which the the agreement has been adopted, the following data:

(a) The names, surnames, DNI or NIE and address of the appointed.

(b) The date of the appointment and, where applicable, of the ratification and acceptance by the holders.

(c) The date of revocation and termination, if any, of the outgoing holders.

d) The signatures of the headlines and outgoing headlines. If they are unable or would not like to sign this circumstance will be stated in the document.

CHAPTER III

Annotation and cancellation of religious entities ' adherence to a Federation

Article 15. Application for membership of religious entities to a Federation.

1. The application for entry in the Register of the accession of a religious entity to a Federation shall be submitted by the legal representative of the Federation or duly authorised person within three months of the adoption of the agreement.

2. For the entry of the accession of religious entities to a Federation, the minutes of the meeting shall be provided, together with the application, either with the certificate of the agreement of the federative entity, in accordance with the procedure laid down in the its statutes, in which it shall, in addition to the date on which it has been adopted, include

following information:

a) The name and address of the federative entity that the requester represents.

(b) The name and registration number, unless it is pending registration, of the entity that is incorporated into the Federation.

c) For each of the religious entities joining the Federation, a certification, issued by the persons or positions with the faculty to certify, of the agreement adopted by the entity for its integration into the Federation.

3. The accessions shall be annotated by resolution of the holder of the Directorate General of International Legal Cooperation and Relations with Confessions. After the period of three months from the date on which the application has entered into any of the Records of the Ministry of Justice, if no judgment has been given and notified, it shall be deemed to have been deemed to have been Article 43 of Law 30/1992 of 26 November.

Article 16. Request for cancellation of the membership of religious entities to a Federation.

1. The application for cancellation of the membership of an entity to a Federation shall be submitted by the legal representative of the entity or person duly authorised within three months of the adoption of the agreement in the form established. statutory. The entity shall, together with the application, provide either the minutes of the meeting or the certificate of the agreement, stating the date on which it was adopted and the communication to the respective Federation of the formalisation of its discharge or of the completed the requirements set out in the statutes of the Federation for the discharge of its members.

2. Where the application for the cancellation of the membership of an entity occurs at the request of the Federation itself, the application shall be submitted by the legal representative of the Federation or duly authorised person within three months of the date of the application. the agreement has been adopted in the form established by law. Together with the application, the minutes of the meeting, the certificate of the agreement, stating the date on which it was adopted, and the communication to the affected entity of the formalisation of its discharge, shall be provided.

3. The decision to cancel membership of a Federation shall be decided by the head of the Directorate-General for International Legal Cooperation and Relations with Confessions. After the period of three months from the date of entry of the application into any of the Records of the Ministry of Justice if no decision has been made and a notice is given, it shall be deemed to be, in accordance with the provisions of the Article 43 of Law 30/1992 of 26 November.

CHAPTER IV

Annotation of places of worship

Article 17. Request for annotation and cancellation of places of worship.

1. The entities registered in the Registry of Religious Entities may request the annotation of their places of worship. Such entry shall not confer any legal personality.

2. The application for entry shall be submitted by the representative of the duly authorised entity or person to whom it shall be accompanied:

a) Copy of the disposition title.

(b) Certificate attesting to his status as a place of worship for his principal and permanent dedication to worship and religious assistance, with the conformity, if any, of the competent organ in Spain of the Church, Confession or Religious community to which you belong.

3. The application for the cancellation of places of worship shall be submitted by the legal representative of the duly authorised entity or person accompanied by the certificate attesting to his disaffection as a place of worship of that entity.

4. The resolution on the annotation or cancellation of places of worship will be dictated by the holder of the Subdirectorate General of Relations with the Confessions. After the period of three months from the date on which the application has entered into any of the Records of the Ministry of Justice, if no judgment has been given and notified, it shall be deemed to have been deemed to have been Article 43 of Law 30/1992 of 26 November.

CHAPTER V

Annotation of the status of a minister of worship

Article 18. Request for annotation and documentation to be provided.

1. The registered religious entities will be able to write in the Registry of Religious Entities to their ministers of worship who have legal residence in Spain. In any case, those ministers of worship who are entitled to perform religious acts with civil effects should be noted.

2. In order to make such an annotation the legal representatives of the entity must present certification of the Church, Confession or Religious Community to which they belong that accredit such a condition and, if any, the approval of the supreme organ in Spain of the entity in accordance with its own rules. In the case of entities incorporated in a registered federation, the competent body of the respective Federation shall also be deemed to be a good person when the statutes are laid down, without prejudice to the provisions of the Cooperation with the State in respect of the entities or Federations that are signatories to them.

3. Institutions shall report to the Registry the casualties of their ministers of worship and request their cancellation within one month of the discharge taking place.

4. The resolution of the annotation and cancellation of ministers of worship of the religious entities will be dictated by the holder of the Subdirectorate General of Relations with the Confessions. After the period of three months from the date on which the application has entered into any of the Records of the Ministry of Justice, if no judgment has been given and notified, it shall be deemed to have been deemed to have been Article 43 of Law 30/1992 of 26 November.

5. The certification of the annotation of the minister of worship shall be sufficient proof to prove that quality. The certificate will be valid for two years and can be renewed for equal periods.

CHAPTER VI

Cancellation of the enrollment of religious entities

Article 19. Cancellation of registration.

1. Cancellation of an entity's registration may only be done:

a) At the request of their duly empowered legal representatives.

b) In compliance with a firm court judgment.

2. The cancellation will produce effects from the date of your resolution and will result in the entity moving to the Historical Section of the Registry.

Article 20. Cancellation procedure requested by the entity.

1. Within three months of the occurrence of the cause determining the dissolution of the entity, the application for the cancellation of their registration to the Registry of Religious Entities shall be addressed.

2. The application for cancellation, in which the registration number of the institution must be entered, must be accompanied by the following documents:

(a) If the dissolution is a consequence of the decision of the members of the entity adopted by the competent body according to its statutes, a public document containing either the minutes of the meeting or the certificate of that meeting issued by persons or positions with the right to certify, on the record of the date on which it was adopted, the quorum of attendance and the outcome of the vote.

(b) If the dissolution has taken place by a firm judicial judgment, testimony to the judgment of the court for the dissolution of the entity.

3. The Minister of Justice will issue the request in the light of the request. After the period of three months from the date on which the application has entered into any of the Records of the Ministry of Justice, if no judgment has been given and notified, it shall be deemed to have been deemed to have been Article 43 of Law 30/1992 of 26 November.

CHAPTER VII

Common Provisions

Article 21. Documentation in electronic form.

Applications for registration or entry in the Register, together with the documentation to be accompanied, may be submitted in format and with electronic signatures, without prejudice to the provisions of the third additional provision.

Article 22. Error subhealing.

When formal defects are noted in the application, the person concerned will be required to provide the required documents within a period of 10 days or to accompany the required documents with an indication that, if he does not, he will be withdrawal of their request, subject to the corresponding resolution, as provided for in Article 71 of Law 30/1992 of 26 November.

Article 23. Ability to certify.

1. The power to certify the minutes and the agreements of the organs of the religious entities corresponds to the legal representative of the entity and, if provided for in its statutes, to the secretary of the institution, in which case they shall always be issued with the The legal representative of the entity is good.

2. For the registration of the agreements contained in the certification, the certificate must have been registered, prior to or at the same time.

Article 24. Resources.

1. The decisions of the Minister of Justice exhaust the administrative route and may be appealed for in replacement to the same body which has issued them or is directly challenged in the court order. administrative-litigation.

2. Against the decisions of the holder of the Directorate-General for International Legal Cooperation and Relations with Confessions that do not end the administrative route, the corresponding appeal shall be made on the terms laid down in the Articles 114 and 115 of Law 30/1992 of 26 November.

3. Against the decisions of the holder of the General Subdirectorate of Relations with the Confessions, the corresponding appeal shall be made in accordance with the terms laid down in Articles 114 and 115 of Law 30/1992 of 26 November.

TITLE III

Structure and functioning of the Religious Entity Registry

Article 25. Location and organic dependency of the Registry of Religious Entities.

The Registry of Religious Entities is based in Madrid and has a general and unitary registration for the entire national territory. It is under the Ministry of Justice's dependence as an administrative unit attached to the General Subdirectorate for Relations with Confessions.

Article 26. Sections of the Register of Religious Entities.

The Registry will consist of the following Sections:

(a) General Section, in which the Churches, Confessions and Religious Communities shall be entered, as well as the entities established by them.

(b) Special Section, which shall include the Churches, Confessions and Religious Communities which have signed or to which an Agreement or Convention of Cooperation with the State applies, as well as the other entities instituted by them.

c) Historical Section, to which they will be moved with their annexed protocols, the seats of the entities that have been cancelled as well as those requests that have been denied.

Article 27. Log tabs.

1. The Registry of Religious Entities shall practice the corresponding entries and entries in records that, prepared by electronic procedures, will contain independent file units.

2. Each entity will be assigned a correlative and independent registration number, unique for the entire Registry. Fields for the registration or annotation of at least the following ends shall be available on their respective records:

a) Denomination.

b) Section.

c) Date of foundation.

d) Address.

e) Literal reproduction of statutory rules.

f) Identity of government and representation organ holders.

g) Places of worship.

h) Dependence on other enrolled entities.

i) Incorporation to a Registered Federation.

3. Annexed to the Register shall be a file in which a file or protocol shall be kept for each of the registered entities, and in which the documents shall be filed in relation to the institution, as well as the titles which have served to register the registered or annotated acts. These files shall be considered an integral part of the Register.

Article 28. Marginal annotations.

When the commencement of judicial proceedings against the appointment of the legal representatives of the entity or by falsehood in the minutes or in the certification is credited to the Registry of Religious Entities, it shall be stated This circumstance is outside the scope of the registration of the legal representatives of the entity. The entries shall contain the reference details of the cases and proceedings which are to be found, as well as the purely informative nature of the annotation.

The annotation will be cancelled once the seats that are the result of the judgment are entered in the register.

Article 29. Statement of operation.

Registered entities are required to keep their records updated. In any case, every two years shall provide a declaration of operation by means of the telematic presentation of the form approved for that purpose by the Register.

The lack of presentation of the operating declaration will result in your marginal annotation for informational purposes.

TITLE IV

Advertising of the Registry of Religious Entities

Article 30. Advertisement of the Register.

1. The Registry of Religious Entities is public and citizens have the right to access it in the terms established in the current regulations.

2. The interested parties may carry out their consultation through the electronic headquarters of the Ministry of Justice or in writing addressed to the Registry of Religious Entities in which, in addition to the requirements laid down in Article 70 of Law 30/1992, 26 In November, they shall specify the specific documents to be accessed, provided that they correspond to procedures completed on the date of the application.

3. The request for a generic consultation of the files which, in any case, shall be in accordance with the provisions of the rules on the protection of personal data, shall not be admissible, except for the consideration of a potential consideration.

4. The formal advertising of the Register is carried out by means of certifications or copies of the contents of the seats, in the form established in the current regulations that will be adjusted, in any case, to the requirements established in the field of data protection of a personal nature.

5. In the transfer of the certificates or copies of the seats referred to in the following Articles, the addressees shall be given the prohibition to create files for the sole purpose of storing personal data which disclose religion or belief in the terms provided for in Article 7.4 of Organic Law 15/1999 of 13 December on the Protection of Personal Data.

Article 31. Certifications.

1. Certification shall be the means of proving the content of the seats and the documents deposited in the Registry of Religious Entities.

2. Certifications can be positive or negative. Positive certifications are total or partial.

3. The total certification of the Register fully reproduces all the seats practiced on the registration card open to each entity.

4. The total certification of the protocol annexed to the Register contains the full reproduction of all archived documents submitted by individuals and relating to a given entity. In this case, access shall be limited to the entity or person authorised by it, without prejudice to the powers of the judicial and administrative authorities.

5. In partial certifications it must always be stated that in the omitted there is nothing to expand, restrict, modify or condition the insert as it appears from the seats of the Registry.

Article 32. Copy of the seats.

The copy of the seats, which shall constitute a mere transfer of the seats and data contained in the Register, shall be issued with an indication of the number of sheets and the date on which they are extended, and shall bear their stamp.

Article 33. Obtaining certificates and copies of seats.

1. The applicant for the certification or copy of the seats shall supply all the circumstances he knows, in order to facilitate the search for the seat or document. If the data provided do not permit its location, the person concerned shall be required to provide the essential information within 10 days, indicating that, if he does not do so, he shall be given a withdrawal from his request, The Court of Justice of the European Court of Justice of the European Union is a member of the Court

Justice.

2. Certifications and copies of the seats shall be issued by the Chief of Service of the Registry. The obtaining of copies of the seats shall be conditional on the effectiveness of the operation of the Service in accordance with Article 37 of Law 30/1992 of 26 November.

3. Refusal of access to the information requested must be adopted by means of a reasoned decision of the holder of the General Subdirectorate for Confessions within two months of receipt of the request by the body. competent to resolve.

4. Against the resolutions of the General Subdirectorate of Relations with the Confessions, the corresponding resource of the alzada shall be carried out in the terms laid down in Article 114 and 115 of Law 30/1992, of 26 November.

Article 34. Certifications on the status of legal representative.

In the certifications that are issued to accredit the legal representation of an entity, the date of registration of the representative or representatives must be stated, indicating expressly that, after that date, it does not has received in the Register no communication that modifies the representation of the entity.

Additional disposition first. Collaboration agreements with the Autonomous Communities.

The Ministry of Justice and the Autonomous Communities, within the framework of the provisions of their respective Statutes of Autonomy, may sign collaboration agreements with the aim of allowing the participation of the autonomous community. in the management of the Registry of Religious Entities.

Additional provision second. Protection of personal data.

The processing and electronic archiving of the data contained in the Registry of Religious Entities shall be in accordance with the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data. In the endorsement of the status of a minister of worship, the request must incorporate the express and written consent of the person concerned for the inclusion of his data in the Register and the communication derived from the advertising of the same. In the form of registration or annotation which is approved for this purpose, it shall be made out that the applicants and the holders of the representation bodies consent to the inclusion of their personal data in the Register and the communication derived from the advertising of the same.

Additional provision third. Electronic management of administrative procedures and documentation repository.

Within two years, from the entry into force of this royal decree, the necessary resources will be provided for the electronic management of the regulated administrative procedures. As long as the necessary processes are completed for the presentation in format and with electronic signatures of the documentation to accompany the requests addressed to the Registry, they will be presented in non-electronic format.

The Registry of Religious Entities shall replace the material preservation of documentation by its storage by electronic means, with sufficient guarantees, in accordance with the provisions of Law 11/2007, of June 22, Electronic access of citizens to Public Services.

Additional provision fourth. Adequacy of the Register to the provisions of this royal decree.

1. The Registry of Religious Entities will have two years, from the entry into force of this royal decree, to adapt its internal organization to the provisions of the same. In any case, the communication to the registered entities of the new registration numbers that occur as a result of the computerization of the Registry will be made through the Corporate Portal of the Ministry of Justice.

2. For these purposes and within the same period, the registered entities must, where appropriate, update their registration status in accordance with the procedures laid down in this royal decree, in particular as regards the compulsory registration of the legal representatives.

3. Those registered entities which have adapted their structure to the list of entities that are registered in Royal Decree 142/1981, of 9 January, may request the modification of their legal nature according to the provisions of this royal decree. by completing the requirements which in each case correspond without the cancellation of the entity which retains its registration number and record.

Additional provision fifth. Statement of operation.

Within six months of the entry into force of the standard, the electronic form referred to in Article 29 of this royal decree shall be made available to the registered entities in order to proceed to the first statement of operation and communicate to the Registry the following information: address for the purposes of notifications, territorial scope, telephone and e-mail. After the time limit has not been completed, the Registry shall proceed to the relevant marginal annotation without prejudice to its subsequent cancellation after such data has been communicated.

First transient disposition. Rules applicable in the transitional period.

Applications for registration in the Registry of Religious Entities that are pending for resolution at the time of the entry into force of this royal decree will be dealt with and resolved according to the provisions of the Royal Decree Decree 142/1981 of 9 January, Organization and Functioning of the Registry of Religious Entities.

Second transient disposition. Religious foundations of the Catholic Church.

The religious foundations of the Catholic Church will continue to be governed by Royal Decree 589/1984 of February 8, of Foundations of the Catholic Church, as long as the foundations of the institutions are not regulated religious. Until then, the Registry will maintain the Section of Foundations provided for in this royal decree.

Single repeal provision.

The following rules are repealed:

(a) Royal Decree 142/1981 of 9 January on the Organization and the Functioning of the Registry of Religious Entities.

(b) Article 5 of Royal Decree 1879/1994 of 16 September 1994 approving certain procedural rules in the field of Justice and Home Affairs.

c) The Order of 11 May 1984 on the advertising of the Registry of Religious Entities.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of Article 149.1.1. It gives the State the power to regulate the basic conditions that guarantee the equality of all Spaniards in the exercise. of the rights and the fulfilment of constitutional duties.

Final disposition second. Supplementary rules.

The provisions of Law 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Common Administrative Procedure will be applied in a supplementary manner with respect to the procedures regulated in this case. royal decree.

Final disposition third. Organization and operating expenses.

The measures included in this standard will be met with budgetary resources and will not be able to increase allocations or other personnel costs.

Final disposition fourth. Application and development of the royal decree.

The Minister of Justice is authorized to dictate the precise provisions for the application and development of this royal decree.

Final disposition fifth. Entry into force.

This royal decree will enter into force three months after its publication in the "Official State Gazette".

Given in Madrid, July 3, 2015.

FELIPE R.

The Minister of Justice,

RAFAEL CATALA POLO