FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

I

The Spanish economy has already been showing encouraging signs of recovery and consolidating economic growth, which, thanks to the structural reforms carried out in recent years, is having an effect. beneficial in employment and in the general perception of the situation of citizens, businesses and the different institutions.

But this must not lead to forgetting two things: the first is that the way out of the crisis is above all and above all a success of the Spanish society as a whole, which has once again demonstrated its surplus capacity for overcome difficult situations. The second is that there are still many Spaniards who are still suffering from the effects of the recession. And it is the task of the public authorities never to strive to offer the best possible solutions to all citizens, through the necessary reforms aimed at the common good, legal security and, in short, justice.

In this area, the so-called second-chance legislation is framed in a very special way. Their aim is no other than to allow for what they so expressively describe their denomination: that a natural person, despite a business or personal economic failure, has the possibility of getting his or her life back on track and even risk new initiatives, without having to drag indefinitely a slab of debt that you can never meet.

Experience has shown that when there are no second-chance mechanisms there are clear disincentives to undertake new activities and even remain on the regular circuit of the economy. This obviously does not favour the debtor himself, but also the creditors are no longer public or private. On the contrary, the second-chance mechanisms are disincentives for the black economy and are conducive to a business culture that will always benefit employment.

To this end, the first part of this Law is answered, which regulates various mechanisms for improving the Extracualityof Payments Agreement, introduced in our legislation under the law of Law 14/2013, of 27 September, support for entrepreneurs and their internationalisation, and an effective second-chance mechanism is introduced for natural persons designed to modulate the rigour of the application of Article 1911 of the Civil Code. It should be briefly explained what the guiding principles of the regulation introduced in this regard are.

The concept of a legal person is one of the most relevant creations of law. The fiction of equating an organization of goods and people to the natural person has had important and beneficial effects on the legal and economic reality. Through this fiction, legal persons, like natural persons, are born, grow and die. In addition, the principle of limitation of liability inherent in certain capital companies makes it possible to liquidate and dissolve (or to die in a metaphorical sense), by extinguishing the debts resulting in unpaid debts, and without its promoters or partners having to deal with any outstanding debts after the entire asset is cleared.

It can be said that the principle of limitation of the own responsibility of the capital companies is in good measure at the origin of the economic development of the last three centuries. In the background, this principle of limitation of liability was set up as an incentive for business and investment. The legislator encouraged the putting at risk of certain capital cities by ensuring that these funds would be the maximum loss of the investor, without the possibility of contagion to his personal assets.

But the limitation of liability is a limitation of the responsibility of the partners, rather than of the society, which will have to respond to its debts with all its present and future patrimony. The question that arises then is the ultimate basis for the different liability regime that occurs when a natural person decides to undertake a business activity through a legal person who is involved and when that person is natural person contracts obligations directly. If, in the first case, he/she may benefit from a limitation of liability, the latter shall be subject to the principle of universal patrimonial liability set out in Article 1911 of the Civil Code.

In addition, many insolvency situations are due to factors beyond the control of the debtor in good faith, thus raising the ethical basis that the legal system does not offer reasonable outlets for this type of debtor. Debtors who, by a totally over-coming and unforeseen alteration of their circumstances, cannot fulfill the commitments made. It cannot be forgotten that any ethical considerations in this respect must always be consistent with the legitimate protection that the legal system must offer to the rights of the creditor, as well as with a premise that appears as Difficult to debatable: the debtor who complies must always be of better condition than the one who does not.

Introduced in this way the premises of the problem to be solved about the scope and eventual limitation of the principle of universal patrimonial responsibility of the article 1911 of the Civil Code, it is not more to go to the antecedents historical of that precept, as well as the legislative context of it.

The full intelligence of this article had to be completed with two other precepts of the same Civil Code systematically located in the same Chapter. We refer to the today repealed articles 1919 and 1920 of the said body of law which stated respectively the following: " If the debtor complied with the agreement, his obligations shall be extinguished in the terms stipulated therein; but, if I shall cease to comply with all or part of it, the right of the creditors to be reborn for the amounts that they would not have received from their primitive credit, and it may be possible for any of them to request the declaration or continuation of the contest "and" to the contrary between debtor and creditors, will retain these their right, the contest, for charge, of the goods which the debtor may subsequently acquire, the unrealised part of credit. "

appeared in these two precepts two main ideas: the exemption of liabilities linked to an agreement between debtor and creditors and their compliance, as well as the principle of limitation of exemption in the event of the debtor's coming to better fortune, but also limited to the becoming of the convention itself. But paradoxically there did not seem to be any foresight concerning the exoneration of the debtor in the event that the debtor had liquidated his estate, that is, in the event that, simply and plainly, he had lost everything.

Article 1920 soon raised doctrinal controversies. Manresa, in its comments to the Civil Code, pointed out the following: " This provision, which is criticized by some for leaving the debtor's rights under the agreement uncertain, is, however, in the extreme right, if the rights of the debtor are taken into account. the reasons and reasons for which the debtor is authorised to conclude agreements with creditors within or outside the competition judgment (...) in consideration of the difficult circumstances in which the debtor is found to be quite a lot to cover its liabilities ... it cannot meet all its obligations on time; (...) nothing strange (...) that the reason for the cessation of the difficulties (...) is that the debtor is obliged to satisfy the part of the credit not made by his creditors ". And the same author continued, pointing out that it had managed to dispel "the doubts that the interpreters of our old right suggested the intelligence of Law 3. of Title 15. º 5.".

But the fact is that Article 1920 did not establish any gradation of the improvement of fortune nor any limitation of the right of creditors to charge, of what the debtor could subsequently acquire, the part not satisfaction of the credit. This led to a manifest limitation of the debtor's ability to improve his fortune and also a limited incentive to effectively try to improve it.

And it is that the Law of the Partidas, which in the opinion of Manresa had been superseded by Article 1920 of the Civil Code, was in a way more favorable to the debtor in pointing out the following: " The desamparation that faze the debdor of his property (...) has such a force that after non it can be the debdor called, nin is had to answer in juyzio to those whom deuiesse something: it is thus if oviesse dated such great profit, that it could pay the debdos all, or part of the dellos, and that "I got to know that you could live." Thus, the Law of Partidas already foresaw the release of the debtor after a process of liquidation of his assets (which does not necessarily have an agreement with the creditors) and in a way, he established a modulation of the best fortune by not allowing it could play to the detriment of the debtor except where the debtor could pay all his debts (or, in fact, a somewhat confused expression, part of them) without prejudice to his own living conditions, all related to "such a great gain" that in principle should be considered atypical.

It is exactly 750 years since the drafting of the great legislative work of Alfonso X el Sabio, which has inspired Spanish-American legal systems for several centuries, but it is surprising to see how In this field they had in some respects reached more advanced precepts than the decimononic coding.

The second opportunity of this Law obviously responds to a more modern legislative technique, but it is inspired by some principles already present, as has just been demonstrated, in our historic right. It should always be a matter of confidence in the legal norms that its inspiring principles should not obey an improvisation, but rather the result of many years or even centuries of reflection on the subject. It is necessary for the legislator to always flee from any demagogic temptation that may in the long run turn against those whom he intends to benefit. In order for the economy to grow, credit should flow and the applicable legal framework of trust to the debtors; but without undermining that of the creditors, because in such a case it would be precisely the opposite effect to the intended: the withdrawal. of the credit or, at least, its rise.

Therefore, the second-chance mechanism designed by this Law establishes the controls and guarantees necessary to avoid strategic insolvencies or to facilitate selective payment of payments. It is a question of allowing the person who has lost everything to have liquidated the whole of his assets for the benefit of his creditors, to be released from most of the outstanding debts after the liquidation. And it is also about quantifying the improvement of fortune that, eventually, will allow to revoke this benefit for the reasons of justice towards the creditors who so rightly exposed authors like Manresa.

In addition, the additional provision of the Law of the Court of Justice is amended to explain that Law 35/2003, of 4 November, of the Institutions of Collective Investment, Law 22/2014, of 12 November, for which they are regulated institutions of risk capital, other collective investment entities of a closed type and the management companies of collective investment entities of a closed type, and amending Law 35/2003 of 4 November of the European Parliament and of the Council on Collective Investment, as well as the recast of the Law on the Regulation of Plans and Funds Pensions, approved by Royal Legislative Decree 1/2002 of 29 November, constitute special legislation applicable in the event of competition of certain types of entities. This provision does not affect the current arrangements, since, as provided for in the first paragraph of that provision, the rules laid down in its specific legislation, as is the case, apply in the competition of such entities.

This is achieved with due balance and the necessary justice that should inspire any legal norm.

In addition to the regulation of the second-chance mechanism and the improvement of certain pre-or para-confortable institutes, this Law contains other provisions of which systematic detail is given below.

II

This Act is structured into ten articles, grouped into two titles, six additional provisions, four transitional provisions, one derogating provision and twenty-one final provisions.

Title I, under the heading "Urgent measures for the reduction of the financial burden", contains three articles of an amending nature, through which new wording is given to certain precepts of so many rules. Legal: Law 22/2003, of 9 July, Insolvency, Royal Decree-Law 6/2012, of 9 March, of urgent measures of protection of mortgage debtors without resources, and Law 1/2013, of May 14, of measures to strengthen the protection of the debtors mortgage, debt restructuring and social rent.

Title II, "Other Social Order Measures," is structured in three chapters.

The first of these articles includes in its four articles a series of measures relating to the tax area and the Public Administrations, through the modification of specific aspects of the following four legal norms: the Law 35/2006, of 28 November, of the Tax on the Income of the Physical Persons and of partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on the Heritage; the Law 7/2007, of April 12, of the Basic Status of the Public Employee; Royal Decree-Law 20/2012 of 13 July, of measures to ensure the stability of the budget and the promotion of competitiveness and Law 27/2014 of 27 November of the Corporate Tax.

Chapter II contains two measures relating to the promotion of employment in the field of social security. On the one hand, there is a new incentive for the creation of stable employment, consisting in the fixing of a minimum exempt in the business price for social security contingencies for the indefinite hiring of workers. Second, Social Security benefits are established for those cases in which the self-employed professional must attend to family obligations that may influence his or her activity.

The operative part of the Law is closed with Chapter III, "Measures relating to the scope of the Administration of Justice", of its Title II, in which the only article is amended Law 10/2012, of 20 November, for which they are regulated certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences, in order to bring the system of judicial fees into line with the specific situation of the subjects who are obliged to pay the same.

With regard to the final part of this Law, the additional provisions first to fourth supplement the modifications introduced by Title I, in the regulation of the functions of the insolvency mediation, the remuneration of the (a) insolvency proceedings, the non-precept of the representation of the debtor in the contest in a row or the computer application intended to act as a solvency meter. All these provisions regulate matters which are directly related to those contained in Title I and which are necessary for their effectiveness. The fifth additional provision provides for the promotion and coordination of collective bargaining and in the sixth the assessment report on the operation of the tariff guarantee account.

With regard to the transitional provisions, the first of these provisions lays down the transitional arrangements for insolvency proceedings, while the second is provided for in the scheme applicable to indefinite contracts. on 1 March 2015. In the third, reference is made to the duty tariff of the confeit administrators and in the fourth to the transitional regime of payment under the tariff guarantee account.

The derogating provision refers to how many provisions of equal or lower rank are contrary to the provisions of this Law, and the final provisions lay down certain legislative amendments, the title of competence, the enabling the development, implementation and implementation of the Law and its entry into force.

III

The initiatives contained in Title I of this Law to enable families and businesses to reduce their financial burden are additional improvements to those already adopted during this Legislature for those who are find in a situation closer to insolvency due to their economic and social circumstances of vulnerability, whether they are SMEs and the self-employed, or natural persons in general.

These initiatives can be summarized by grouping them into three blocks.

First, it is proposed to make extra-judicial payments arrangements more flexible and to provide for a real second-chance mechanism.

In the second term, the "Code of Good Practice for the viable restructuring of mortgage-backed debts on habitual housing", introduced by Royal Decree-Law 6/2012 of 9 March 2012, is also improved. urgent measures for the protection of mortgage debtors without resources, from which nearly 14,000 families have already benefited.

Finally, the suspension of the launches on the usual housing of particularly vulnerable groups contained in Law 1/2013 of 14 May, of measures to strengthen the law, is extended for an additional two years. protection for mortgage debtors, debt restructuring and social rent, as well as the collective that can benefit from this measure.

With regard to the extra-judicial payment agreements regulated in Title X of Law 22/2003, of July 9, Bankruptcy, the amendments contained in this Law are intended to make their content and effects more flexible. In the same way, it is necessary to provide for the financing of the restructuring of the financial sector. As the main elements of the new regime are the extension of their scope to natural persons not entrepreneurs, in addition to a simplified procedure for them; the possibility of extending the effects of the agreement to the (a) a decision on the application of the law of the Member States of the European Parliament and of the Council of the European Parliament of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament Trade, Industry, Navigation and Services, if the debtor is a businessman, or notaries, if treats natural persons not entrepreneurs.

As a fundamental novelty, a system of debt relief for the natural person debtors is established in the framework of the insolvency proceedings. The exoneration system has two fundamental pillars: that the debtor is in good faith and that his assets are previously liquorted (or that the conclusion of the contest for mass insufficiency is declared).

In accordance with the above conditions, the debtor may automatically exempt his outstanding debts when he has satisfied the claims against the mass, the privileged credit claims and, if he has not attempted an out-of-court settlement of payments, 25 per cent of ordinary credit claims.

Alternatively, when they have not been able to satisfy the above credits and provided that they agree to submit to a payment plan for the following 5 years, the debtor may be provisionally exonerated from all his claims, except the public and for food, against the mass and those who enjoy general privilege. For the final release of debts, the debtor must satisfy in that period the non-exonerated debts or make a substantial effort to do so.

With regard to the Code of Good Practice for mortgage debtors, the subjective scope is extended, increasing the annual income limit of the beneficiary families, which will be calculated on the basis of the annual IPREM of 14 monthly payments. including as a new assumption of special vulnerability that the debtor is over 60 years old and introducing a new way of calculating the price limit of the acquired real estate. In addition, the definitive non-application of the soil clauses of those debtors located on the new exclusion threshold that had them included in their contracts is introduced.

Finally, the period of suspension of launches on common homes of particularly vulnerable groups is extended until 2017, and is permitted, in terms similar to those provided for in the Code of Practice, more people are eligible for the suspension.

IV

Title II of this Law contains various measures of social order.

Thus, in the first place, certain measures in the tax area are accompanied by a reduction in the tax burden for certain particularly vulnerable groups. In this way, the Law 35/2006, of 28 November, of the Tax on the Income of the Physical Persons and of partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on the Heritage, with the the purpose of allowing new collectives to apply the deductions provided for in Article 81a of this Law.

In this way, the tax incentive extends not only to ascendants who are part of large families but also to those who form a single-parent family with two descendants who, among other requirements, depend and live exclusively with that.

At the same time, the application of the new deductions provided for in that article shall be permitted to taxpayers who receive benefits from the public system of protection of unemployment or pensions from public pension schemes. social security or assimilated and have an ascendant or a descendant with a disability in his or her capacity or are part of a large family or of the single-parent family mentioned above, and not only the self-employed or the employed.

In addition, the income that could be evidenced as a result of debts and debts in payment of debts, established in a convention approved judicially in accordance with the procedure laid down in the Law 22/2003, of 9 July, Insolvency, in a judicially approved refinancing agreement referred to in Article 71a and the fourth additional provision of that Act, or in an out-of-court settlement of payments referred to in Title X of the The same law, provided that the debts do not result from the exercise of economic activities, In this case, the scheme is provided for in the final provision of Royal Decree-Law 4/2014 of 7 March 2014 adopting urgent measures for the refinancing and restructuring of corporate debt.

Moreover, in order to alleviate the fulfilment of formal obligations on partially exempt entities, Article 7 of this Law provides for the exclusion of the obligation to make a declaration in the Corporation tax on entities whose total income from the tax period does not exceed EUR 50 000 per year, provided that the total amount of revenue for non-exempt income does not exceed EUR 2 000 per year and that all of its Non-exempt income is subject to withholding tax, which is not subject to Law 49/2002, of 23 December, the tax regime of non-profit entities and the tax incentives for patronage, or political parties.

Secondly, in the field of Public Administrations, the Royal Decree-Law 20/2012 of 13 July, of measures to ensure budgetary stability and to promote competitiveness, introduced a series of measures in our order in order to homogenize the existing instruments in the field of collective bargaining, representation and participation of the staff in the service of the Public Administrations. Among other changes, the Royal Decree-Law carried out a new management of the electoral units in the field of the General Administration of the State, thus establishing an appropriate framework in which to make the procedure effective the election of the representatives of the public employees to the negotiating and participation bodies. These instruments of negotiation and participation form a range of guarantees for the representation of the public employee, in accordance with the provisions of our constitutional order, which seek to strengthen the effective defense of their rights and interests in the field of public administrations.

The General Administration of the General Administration of the State Administration for matters common to official, statutory and labor personnel and the General Administration of the Staff of the General Administration of the State, in its joint session held on July 31, 2014, agreed to propose to the Government three initiatives of regulatory reform for the improvement of the mechanisms for participation and collective bargaining in the field of the General Administration of the State. The purpose of this proposal is to introduce a series of adaptations and technical improvements to the reform measures implemented by the Royal Decree-Law 20/2012 of 13 July 2012.

First, the articulation contained in Law 7/2007, of 12 April, of the Basic Statute of the Public Employment, in the matter of organs representing the statutory staff of the health field, is improved. non-university teachers, as well as from staff in the service of the Administration of Justice; these are specific staff groups who need this modification to ensure their proper representation.

Second, a technical improvement is introduced in the current wording of Article 35 of the Basic Staff Regulations, which, when regulating the composition and constitution of the Negotiating Tables, in its version up to now (a) in the case of official staff, where it is necessary for such a regulation to be extended also to matters common to official, statutory and employment staff. The aim is to give legal support to what is now a common practice in collective bargaining: to carry out a comprehensive and comprehensive negotiation for the different types of staff that are involved in the administration.

And thirdly, a new additional provision is introduced in the Basic Staff Regulations for the Public Employment in the subject of Negotiation Tables corresponding to specific areas of negotiation, different in purity to those envisaged. in Article 34.4. In this respect, it is in this area where the negotiation on working conditions is carried out and, although it affects certain groups of public employees who may be attached to different public administrations, in reality it is The negotiations are based on the competence of the General Administration of the State. With the introduction of this additional provision, an important legal vacuum is sought to address these Mesas, as well as to complete the inadequacy of the current regulatory regime.

This distinct functional and organic dependence on public employees determines that in order to form the representation of the trade union organizations in each of the Mese, their respective areas of interest must be taken into account as a whole, and not as a public administration, as would be the case with the Sectoral Tables governed by Article 34.4 of the Basic Staff Regulations.

It is ultimately a matter of providing a specific and appropriate legal framework that allows for the proper articulation of the negotiating activity in the different areas in which the negotiation, representation and participation in the General Administration of the State and the Administration of Justice.

This legislative initiative has also been promoted by the General Administration of the General Administration of the State, referred to in Articles 36.3 and 34.1 of Law 7/2007, of 12 April of the Statute Public Employment Basic, which, with the agreement reached between the Administration and the organizations with the highest representativeness present in them, requested their approval.

As this is a modification proposed by the aforementioned General Negotiation Tables, this proposed regulation complies with the provisions of Article 37.1 of the Basic Staff Regulations, having been the subject of negotiation and agreement within the same.

On the other hand, in the field of public policies on employment and social security, the reduction of business contributions by common contingencies to Social Security by indefinite hiring, approved by the Royal Decree-Law No 3/2014 of 28 February 2014 on urgent measures for the promotion of employment and indefinite employment, which is articulated by the establishment of a flat rate of contribution, has been an effective measure to contribute to the creation of stable employment.

Thus, according to the data from the Active Population Survey of the fourth quarter of 2014, employment has grown by 433,900 people in the last 12 months, with an annual variation of 2.5 percent and indefinite wage employment has been increased by 212,800 people, 2.0 percent.

With the aim of consolidating this positive evolution of indefinite hiring and enhancing its impact for the groups with the greatest difficulties for stable employment insertion, and in compliance with the resolution adopted by The Congress of Deputies for the Debate on the State of the Nation of February 25, 2015, by article 8 of this Law establishes a new incentive for the creation of stable employment, consisting in the fixing of a minimum exempt from the business price for contingencies common to the Social Security for the procurement indefinite of workers.

The establishment of an exempt minimum implies the creation of a progressive incentive which reduces social contributions to a greater extent by the stable recruitment of workers with lower remuneration. This measure is intended to favour those groups with the most difficulties of stable integration into the labour market, such as long-term unemployed, low-skilled workers and young people without work experience. These groups are most affected by unemployment and temporality.

Under this new regulation, which will benefit all companies that contract indefinitely and create net employment, the first 500 euros of the monthly basis for common contingencies will be exempt from business quotation when the contract is concluded on a full-time basis. Where the contract is concluded on a part-time basis, that amount shall be reduced in proportion to the percentage of the working day of the contract, which shall not be less than 50% of the working day of a full-time worker.

This benefit in the listing will consist of a bonus, in charge of the State Employment Public Service, in case the indefinite contract is formalised with young people enrolled in the National Youth Guarantee System, and in a reduction, in charge of the Social Security system, in the other cases.

Like the flat rate of quotation, the allowance or reduction will be applied for a period of 24 months. In the case of companies with less than 10 employees, the measure will be extended for a further 12 months, with the first EUR 250 of the contribution base or the amount which will be exempted during the last period of the application of the levy rate. This is the case in the case of partial-time procurement.

With regard to the requirements to enjoy the new benefit in the quotation, to the assumptions in which its application does not proceed, to the incompatibilities and the drawback of amounts due to improper application of the same, they are very similar to those established for the flat rate of quotation at the Royal Decree-Law 3/2014, of February 28, in the interest of the continuity and simplicity of the system.

The application of the rebate or reduction referred to in this Article 8 shall not affect the determination of the amount of the financial benefits to which the workers concerned may be entitled, which shall be calculated applying the full amount of the relevant contribution basis.

For the alleged indefinite recruitment of beneficiaries of the National Youth Guarantee System, the compatibility of the incentives provided for in Article 107 of Law 18/2014, of 15 October, of approval of the National Youth Guarantee System is permitted. urgent measures for growth, competitiveness and efficiency, and is also declared compatible with the accompanying economic assistance received by the beneficiaries of the Employment Activation Programme, in the event of the conclusion of the contract with them.

On the other hand, in terms of the measure provided for in Article 9, consisting of a bonus for self-employed workers for the reconciliation of professional and family life linked to recruitment, provision is made for the provision of (a) the second part of Law No 20/2007 of 11 July of the Statute of the Self-employment, which establishes the progressive convergence of the rights of self-employed workers in relation to those laid down for employed persons, including the General System of Social Security, makes it necessary to adopt successive measures for the compliance with that objective.

Thus, in the line marked for the equalization of the rights of the self-employed to the employed persons, and to guarantee the protection of the reconciliation of the family and professional life of the self-employed persons, including a measure of support to them based on Social Security benefits for those cases in which the professional must attend to family obligations that may influence their activity.

This measure consists of a bonus in the share of the self-employed person to the Social Security, in an amount linked to the average contribution base of the last 12 months of the self-employed worker, thereby guaranteeing the proportionality of the measure.

In addition, the enjoyment of this bonus is subject to the hiring of an employed person, thus fulfilling a double objective. On the one hand, measures that contribute to the viability of the self-employed worker's professional project are adopted, allowing them to cope with their family obligations, while maintaining their professional activity. On the other hand, as the measure is linked to the hiring of an employed person, it is intended to contribute to the dynamisation of the labour market.

It must be borne in mind that two of the key pieces of European Union policy are the principle of equality between men and women and the promotion of entrepreneurship.

Both principles converge in Directive 2010 /41/EU, of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an autonomous activity.

In addition, the European Commission presented on 9 January 2013, the Entrepreneurship Action Plan 2020, which the Commission invited Member States to implement policies to enable women to achieve a more effective and more effective approach to the development of the adequate balance between work and everyday life.

Directive 2010 /41/EU provided that by 5 August 2015, Member States should transmit to the European Commission all available information on the implementation of the Directive.

In this area of reconciliation between family and professional life, specific regulation is framed for the collective of self-employed workers that addresses this law.

Finally, as regards Article 10 of this Law, it must be stated that, after a reasonable period of time since the adoption of Royal Decree-Law No 3/2013 of 22 February, on charges for the exercise of power The Court of Justice has found that it is not possible to deal with the unfavourable economic situation of an important number of citizens who, while not being beneficiaries of the right of free legal aid, must be subject to the impact that the system of fees is having on them for the exercise of the power jurisdiction.

In this sense, the modifications that are introduced have an immediate favorable effect, since the entry into force of this Law will result in the exemption of the payment of the fee from the natural persons.

TITLE I

Urgent measures for financial burden reduction

Article 1. Amendment of Law 22/2003, dated July 9, Bankruptcy.

Law 22/2003, dated July 9, Bankruptcy, is amended as follows:

First. Amendments to the second opportunity.

One. The wording of Article 178 (2) is amended as follows:

" 2. Outside the cases provided for in the following Article, in the case of conclusion of the contest for liquidation or insufficient active mass, the natural person liable for payment of the remaining claims shall be responsible. Creditors may initiate individual executions, as long as the reopening of the competition is not agreed or no new contest is declared. For such executions, the inclusion of their credit on the final list of creditors is equated with a firm conviction. "

Two. A new Article 178 a is added with the following wording:

" Article 178 bis. Benefit of the exoneration of the unsatisfied liability.

1. The natural person debtor may obtain the benefit of the exemption from the unsatisfied liability under the terms set out in this Article, after the competition for liquidation or for the inadequacy of the active mass has been completed.

2. The debtor shall submit his request for exemption from the unsatisfied liability before the judge of the contest within the period of the hearing which has been conferred on him in accordance with Article 152.3.

3. The application for exemption from the unsatisfied liability to debtors in good faith shall be admissible only. Good faith in the debtor shall be deemed to be in good faith provided that the following requirements are met:

1. The contest has not been found guilty. However, if the contest has been found guilty by application of Article 165.1.1. the judge may nevertheless grant the benefit under the circumstances and provided that the debtor's gross fault or fault is not assessed.

2. º that the debtor has not been convicted in a firm sentence for crimes against the patrimony, against the socioeconomic order, for documentary falsehood, against the Public Finance and the Social Security or against the rights of the workers in the 10 years prior to the declaration of competition. If there is a pending criminal procedure, the contest judge shall suspend his decision on the exemption from the liability until there is a firm criminal sentence.

3. º That, meeting the requirements set out in Article 231, has concluded or at least attempted to conclude an out-of-court settlement of payments.

4. º That has satisfied in its integrity the credits against the mass and the privileged credits and, if it had not tried an out-of-court settlement of previous payments, at least 25 percent of the amount of the credits Ordinary conchones.

5. º Que, alternatively to the previous number:

i) Accept to submit to the payment plan provided for in paragraph 6.

(ii) Failure to comply with the collaboration obligations set out in Article 42.

iii) Have not obtained this benefit within the last ten years.

iv) You have not rejected within four years prior to the declaration of contest an offer of adequate employment to your capacity.

v) Accept expressly, in the request for exoneration of the unsatisfied liability, that the obtaining of this benefit will be stated in the special section of the Public Insolvency Register for a period of five years. Only persons who have a legitimate interest in finding out the situation of the debtor shall have access to this section, in any event that they are interested in making a firm offer to the debtor either of credit or of any other the supply of goods or services, which has to be remunerated or returned by the latter and which is conditional on its solvency, as well as the public administrations and courts legally entitled to collect the information necessary for the exercise of his duties. The assessment of such interest shall be carried out by the person in charge of the Public Register.

4. The debtor's application shall be transferred by the Secretary of the Judiciary to the insolvency administration and to the creditors who have been appointed for a period of five days in order to ensure that they deem appropriate in relation to the granting of the benefit.

If the insolvency administration and the creditors show their conformity to the debtor's request or do not oppose it, the judge of the contest shall, on a provisional basis, grant the benefit of the exemption from the liability. dissatisfied in the resolution, declaring the conclusion of the contest at the end of the settlement phase.

The opposition may only be founded on the non-compliance of any or some of the requirements of paragraph 3 and shall be given the procedure for the insolvency incident. No conclusion of the contest may be issued until the decision that falls on the incident is determined by recognizing or denying the benefit.

5. The benefit of the exemption from the unsatisfied liability granted to the debtors provided for in paragraph 3 (5) shall be extended to the dissatisfied portion of the following claims:

1. º The ordinary and subordinate loans outstanding at the date of conclusion of the competition, even if they had not been communicated, and with the exception of public and food law credits.

2. In respect of the appropriations listed in Article 90.1, the part of the appropriations which could not be satisfied with the execution of the guarantee shall be exempt unless it is included, according to its nature, in some category other than ordinary or subordinate credit.

Creditors whose claims are extingn will not be able to initiate any kind of directed action against the debtor for the recovery of the claims.

The rights of the creditors are kept safe from those who are jointly and severally obliged to the court and against their guarantor or guarantor, who will not be able to invoke the benefit of exoneration of the unsatisfied liabilities obtained by the (a) not to be subrogated or subrogated by the payment after settlement of the rights which the creditor has against him, unless the exemption granted is revoked.

If the person concerned has a matrimonial property regime or other community regime, and the liquidation of such a regime has not been carried out, the benefit of the exemption from the unsatisfied liability shall be extended to the spouse. of the contested decision, even if it had not been declared its own contest, in respect of the debts prior to the declaration of competition of which the common heritage should be answered.

6. Debts which are not exempt in accordance with the provisions of the preceding paragraph shall be met by the person concerned within five years of the conclusion of the competition, unless they have a subsequent maturity. During the five years following the conclusion of the tender the outstanding debts may not become an interest.

For this purpose, the debtor shall submit a proposal for a payment plan which, in the case of the parties within 10 days, shall be approved by the judge in the terms in which it has been submitted or with the amendments it considers to be necessary. appropriate.

With regard to public law credits, the processing of requests for deferment or fractionation shall be governed by the provisions of its specific rules.

7. Any insolvency creditor shall be entitled to apply to the judge of the contest for revocation of the benefit of exemption from the unsatisfied liability where, during the five years following his concession, the existence of revenue, property and property is established or the debtor's rights concealed. Non-embargable goods are exempted from this provision in accordance with the provisions of Articles 605 and 606 of Law 1/2000 of 7 January of Civil Procedure.

Revocation may also be requested if during the deadline set for payment plan compliance:

(a) Incurriese in any of the circumstances which, in accordance with paragraph 3, would have prevented the granting of the benefit of the exemption from the unsatisfied liability.

(b) Where appropriate, the obligation to pay the non-exonerated debts in accordance with the provisions of the payment plan, or.

c) substantially improve the debtor's economic situation due to inheritance, legacy or donation; or game of luck, send or chance, so that it could pay all outstanding debts without detriment to its obligations food.

The application will be processed in accordance with the Civil Procedure Law for the verbal trial. In the event that the judge agrees to revoke the benefit, the creditors recover the full extent of their actions against the debtor to make the unsatisfied loans effective at the conclusion of the contest.

8. After the period laid down for the fulfilment of the payment plan without the benefit having been revoked, the judge of the contest, at the request of the debtor, shall give a definitive order recognising the exemption of the unsatisfied liability in respect of the the contest.

You may also, taking into account the circumstances of the case and after the creditors ' hearing, declare the final exemption from the debtor's unsatisfied liability that the payment plan would not have been in its entirety but would have been for the purposes of their compliance, at least half of the revenue received during the five-year period from the provisional grant of the benefit, which did not have the consideration of inembargables or a quarter of that income when the circumstances provided for in Article 3.1 (a) and (b) of the Royal Treaty are fulfilled in the debtor Decree-law 6/2012 of March 9, of urgent measures of protection of mortgage debtors without resources, with respect to the income of the family unit and family circumstances of special vulnerability.

For the purposes of this article, it is understood by inembargable income as provided for in Article 1 of Royal Decree-Law 8/2011 of 1 July 2011, of measures to support mortgage debtors, control of public expenditure and cancellation of debts with companies and self-employed people contracted by local authorities, promotion of entrepreneurial activity and promotion of rehabilitation and administrative simplification.

Against such a resolution, which will be published in the Public Register, there will be no recourse. However, the final exemption may be revoked when the cause referred to in the first subparagraph of the preceding paragraph is met. '

Three. Article 176a (3) and (4) are amended, which are worded as follows:

" 3. Once the active mass has been distributed, the insolvency administration will submit to the competition judge a supporting report stating and reasoning inexcusably that the contest will not be qualified as a culprit and that there are no viable actions of the reintegration of the active mass or the liability of third parties to be exercised or that what could be obtained from the corresponding actions would not be sufficient for the payment of the appropriations against the mass. It shall not prevent the declaration of active mass insufficiency that the debtor maintains the ownership of legally inembargable or devoid of market value or whose cost of performance would be manifestly disproportionate to his or her predictable venal value.

The report will be revealed in the judicial office for a fortnight to all parties.

The conclusion due to insufficient mass will be agreed by car. If, within the period of the hearing granted to the parties, opposition to the conclusion of the contest is made, the proceedings of the insolvency proceedings shall be given. During that period, the natural person liable for payment may request the exemption from the unsatisfied liability. The processing of such an application, the requirements to benefit from the exemption and its effects shall be governed by the provisions of Article 178 a.

4. The conclusion by a failure of mass in the same order of declaration of competition may also be agreed upon when the judge clearly appreciates that the estate of the defendant is not likely to be sufficient for the satisfaction of the foreseeable claims against the mass of the procedure, nor is it foreseeable the exercise of action for the reintegration, impeachment or liability of third parties.

If the defendant is a natural person, the judge shall appoint a insolvency practitioner who must liquidate the existing assets and pay the loans against the mass in accordance with the order of paragraph 2. the debtor may request the exemption of the unsatisfied liability before the judge of the contest. The processing of the application, the requirements to benefit from the exemption and its effects shall be governed by the provisions of Article 178 a.

This order can be appealed against. "

Second. Amendments to the out-of-court settlement of payments.

One. Article 231 is amended, which is worded as follows:

" Article 231. Budgets.

1. The person liable to be in insolvency in accordance with Article 2 of this Law, or who provides that he may not meet his obligations on a regular basis, may initiate a procedure to reach an agreement. extra-judicial payments with its creditors, provided that the initial estimate of the liability does not exceed EUR 5 million. In the case of the debtor natural person, the corresponding balance sheet shall be provided.

For the purposes of this Title, natural persons shall be regarded as natural persons not only those who have such a condition in accordance with commercial law, but those who engage in professional activities or have such consideration of the effects of the Social Security legislation, as well as the self-employed.

2. The same agreement may also be made by any legal person, whether or not they are capital companies, which fulfil the following conditions:

a) They are in a state of insolvency.

(b) If declared in contest, such a contest shall not be of special complexity in the terms provided for in Article 190 of this Law.

c) That they have sufficient assets to meet the agreement's own expenses.

3. They may not make an application for an out-of-court settlement of payments:

1. Those who have been convicted in a firm sentence for crimes against the property, against the socioeconomic order, for documentary falsehood, against the Public Finance, Social Security or against the rights of the workers in the 10 years prior to the declaration of competition.

2. The persons who, within the last five years, have reached an out-of-court settlement of payments with the creditors, have obtained the judicial approval of a refinancing agreement or have been declared in Creditors ' competition.

The computation of that period will begin to count, respectively, since the publication in the Public Registry of the acceptance of the out-of-court settlement of payments, of the judicial resolution that homologue the agreement of refinancing or the order declaring the conclusion of the contest.

4. The out-of-court settlement of payments shall not be accessible to those who are negotiating with their creditors a refinancing agreement or whose application for competition has been admitted to processing.

5. Claims with collateral shall be affected by the out-of-court settlement as provided for in Articles 238 and 238a.

Public law credits will not in any case be affected by the out-of-court settlement, even if they are guaranteed to be real.

You will not be able to go to the procedure provided for in this Title by insurance and reinsurance entities. "

Two. Article 232 (2) and (3) are amended, which are worded as follows:

" 2. The application shall be made by means of a standard form subscribed by the debtor and shall include an inventory with the cash and liquid assets at its disposal, the assets and rights of the holder and the scheduled regular income. It shall also be accompanied by a list of creditors, specifying their identity, address and electronic address, with an expression of the amount and maturity of the respective claims, including a list of existing contracts and a the list of planned monthly expenditure. The provisions of Article 164.2.2. shall apply, in the event of a consecutive contest, to the application for an out-of-court settlement of payments.

The content of the standard application, inventory and creditor list forms shall be determined by order of the Ministry of Justice.

This list of creditors will also include holders of loans or loans with collateral or public law without prejudice to the fact that they may not be affected by the agreement. For the valuation of loans or loans with collateral, the provisions of Article 94.5 shall apply.

If the debtor is a married person, unless he is in a separation of goods regime, he shall indicate the identity of the spouse, with the expression of the economic regime of the marriage, and if he is legally obliged to carry out accounts, shall also accompany the annual accounts for the last three financial years.

When spouses are owners of family housing and may be affected by the out-of-court settlement of payments, the request for an out-of-court settlement must necessarily be made by both spouses, or by one with the consent of the other.

3. In the event that the debtors are businessmen or entities, the mediator shall be asked to appoint the mediator to the Commercial Registrar corresponding to the address of the debtor by means of an instance that may be submitted to the debtor. at the opening of the corresponding sheet, if not registered. In other cases, the notary of the debtor's domicile shall be required to be appointed.

In the case of legal persons or natural persons, the application may also be addressed to the Official Chambers of Commerce, Industry, Services and Navigation when they have assumed functions of conformity mediation. with its specific regulations and the Official Chamber of Commerce, Industry, Services and Navigation of Spain.

The recipient of the application shall verify compliance with the requirements of Article 231, the data and documentation provided by the debtor. If you consider that the application or the accompanying documentation suffers from a defect or that it is insufficient to establish compliance with the legal requirements to initiate an out-of-court settlement of payments, the applicant shall be given a single deadline. The following shall be used for the following: The application shall be inadmissible where the debtor does not justify the fulfilment of the legally required requirements to apply for the initiation of the out-of-court agreement, a new application may be submitted when the debtor is present or may be accredited. concurrency of those requirements. "

Three. Article 233 (1), (2) and (3) are amended as follows:

" 1. The appointment of a insolvency mediator shall be the responsibility of the natural or legal person to whom it corresponds in a sequential manner from those listed in the official list to be published in the corresponding portal of the "Official Gazette of the State", which will be supplied by the Registry of Mediators and Mediation Institutions of the Ministry of Justice. The insolvency mediator shall meet the status of mediator in accordance with Law 5/2012 of 6 July of mediation on civil and commercial matters and, in order to act as a insolvency practitioner, the conditions laid down in Article 27.

The rules for the calculation of the remuneration of the insolvency mediator, which must be set out in his appointment, shall be determined. In any event, the remuneration to be paid will depend on the type of debtor, the liability and the asset and the success of the mediation. In any case not provided for in this Law as regards the insolvency mediator, the provisions of the appointment of independent experts shall be made.

2. In accepting the appointment, the insolvency mediator shall provide the registrar or notary, if appointed by them, with an electronic address which complies with the conditions laid down in Article 29.6 of this Law, in which creditors may make any communication or notification.

3. The registrar or notary shall appoint a court of insolvency. When the request has been addressed to an Official Chamber of Commerce, Industry, Services and Navigation or to the Official Chamber of Commerce, Industry, Services and Navigation of Spain, the Chamber itself will assume the functions of mediation according to the The provisions of Law 4/2014 of 1 April 2014, Basic of the Official Chambers of Commerce, Industry, Services and Navigation, and shall appoint a commission to be mediated, in whose bosom must appear at least one mediator. Once the insolvency mediator accepts the charge, the merchant registrar, the notary or the Official Chamber of Commerce, Industry, Services and Navigation shall account for the fact by certification or copy referred to the public records of goods The competent authority shall inform the competent authority of the case by way of a preventive entry on the relevant register, as well as the Civil Registry and other relevant public registers, of its own motion. declaration of competition and order their publication in the Public Register. "

Four. Paragraph 4 shall be deleted and Article 234 (1) and (2) shall be amended, which shall be worded as follows:

" 1. Within 10 days of the acceptance of the charge, the insolvency mediator shall check the data and the documentation provided by the debtor, and may require his or her supplement or remedy or urge him to correct any errors.

In the same period, it shall verify the existence and the amount of the claims and shall summon the debtor and the creditors appearing on the list submitted by the debtor or whose existence has knowledge of any other means to a the meeting to be held within two months of the acceptance, in the locality where the debtor has his domicile. In any event, the public right creditors shall be excluded from the call.

2. The convening of the meeting between the debtor and the creditors shall be held by a notarial conduit or by any means of communication, individually and in writing, to ensure receipt.

If the electronic address of the creditors has been provided by the debtor or provided by the creditors to the mediator under the terms referred to in point (c) of Article 235.2, the communication shall be made to the Cited electronic address. "

Five. Article 235 is amended, which is worded as follows:

" Article 235. Effects of the initiation of the case.

1. Once the file has been opened, the debtor may continue his business, business or professional activity. From the filing of the application, the debtor shall refrain from carrying out any act of administration and provision that exceeds the acts or operations of his or her activity.

2. From the communication of the opening of the negotiations to the competent court for the declaration of the contest, creditors who may be affected by the possible out-of-court settlement of payments:

(a) may not initiate or continue to execute any judicial or extrajudicial execution on the debtor's assets while the out-of-court settlement is negotiated up to a maximum of three months. Creditors of loans with collateral, which do not fall on assets or rights which are necessary for the continuity of the debtor's professional or business activity or on his habitual dwelling, are excepted. Where the security falls on the goods referred to in the preceding subparagraph, the creditors may exercise the real action which corresponds to them against the goods and duties on which their security is placed without prejudice to the fact that, once the procedure, be brought to a standstill until the time limits provided for in this paragraph have elapsed.

Practiced the corresponding annotation of the opening of the procedure in the public records of goods, will not be able to be annotated with respect to the goods of the debtor instant embargoes or kidnappings after the presentation of the the application of the appointment of a insolvency mediator, except for those which may correspond in the course of proceedings followed by creditors of public law.

(b) shall refrain from performing any act aimed at improving the situation in which they are in respect of the common debtor.

(c) may provide the mediator with an electronic address to enable the mediator to practice such communications as may be necessary or appropriate, producing full effects which are referred to the address provided.

3. During the period of negotiation of the out-of-court settlement of payments and in respect of claims which may be affected by it, the accrual of interest shall be suspended in accordance with the provisions of Article 59.

4. The creditor who holds a personal guarantee for the satisfaction of the credit may exercise it provided that the claim against the debtor has expired. In the performance of the guarantee, the guarantors may not invoke the debtor's application to the detriment of the performer.

5. The debtor who is in the process of negotiating an out-of-court agreement may not be declared in contest, as long as the time limit laid down in Article 5 bis.5 does not elapse. "

Six. Article 236, which is drawn up in the following terms, is

:

" Article 236. Proposal for extra-judicial settlement of payments.

1. As soon as possible, and in any event at least 20 calendar days in advance of the scheduled date of the meeting, the insolvency mediator shall forward to the creditors, with the consent of the debtor, a proposal for a Extra-judicial settlement of payments on outstanding claims on the date of the application. The proposal may contain any of the following measures:

a) Wait for a period of not more than ten years.

b) Quitas.

c) Transfer of goods or rights to creditors in payment or for payment of all or part of their claims.

d) The conversion of debt into shares or units of the debtor company. In this case, the fourth subparagraph of paragraph 3.b. (3) (ii) of the fourth additional provision shall apply.

e) The conversion of debt into participative loans for a period of not more than ten years, in convertible bonds or subordinated loans, in loans with capitalizable interest or in any other financial instrument of range, maturity or characteristics other than the original debt.

Only the transfer of goods or rights to creditors may be included provided that the goods or rights transferred are not necessary for the continuation of the business or business activity and that its fair value, calculated in accordance with Article 94.5, whether or not equal to or less than the amount of the credit being extinguished. If the difference is higher, the difference must be included in the debtor's assets. In the case of goods covered by security, the provisions of Article 155.4 shall apply.

In no case shall the proposal consist of the overall settlement of the debtor's assets to the satisfaction of its debts, nor may it alter the order of precedence of legally established claims, except that the creditors Deferred consent expressly.

2. The proposal shall include a payment plan in detail of the resources provided for its implementation and a feasibility plan and shall contain a proposal for regular compliance with the new obligations, including, where appropriate, the fixing of an amount in the form of food for the debtor and his family, and for a plan of continuation of the professional or business activity that he will develop. A copy of the agreement or request for the deferral of public law claims or, at least, the payment dates thereof shall also be included if they are not to be met within their time limits.

3. Within ten calendar days following the submission of the proposed agreement by the insolvency mediator to the creditors, they may submit alternative proposals or proposals for amendments. After that period, the insolvency mediator shall forward to the creditors the payment plan and final viability accepted by the debtor.

4. The insolvency mediator shall immediately request the statement of the creditors ' tender if, before the expiry of the period referred to in paragraph 3 of this Article, the creditors representing the creditors who represent the court shall decide not to continue the negotiations. at least the majority of the liability which may be affected by the agreement and the debtor is in a situation of current or imminent insolvency. '

Seven. Article 238 is amended, which is worded as follows:

" Article 238. The out-of-court settlement of payments.

1. In order for the out-of-court settlement of payments to be considered accepted, the following majorities shall be required, calculated on the totality of the liability that may be affected by the agreement:

(a) If you have voted in favour of 60% of the liability which may be affected by the out-of-court settlement of payments, the creditors whose claims are not in real security or on the part of the appropriations that exceeds of the value of the collateral, shall be subject to the expectations, whether principal, interest or any other amount due, not exceeding five years, at a rate of not more than 25% of the amount of the appropriations, or debt conversion into equity loans over the same period.

(b) If you have voted in favour of the same 75% of the liability as may be affected by the out-of-court settlement of payments, the creditors whose claims are not covered by collateral or by the part of the appropriations that exceeds the The value of the collateral shall be subject to the expectations of a period of five years or more, but not more than 10 years, but not more than 25% of the amount of the appropriations, and the other measures provided for in Article 236.

2. If the proposal is accepted by the creditors, the agreement will be immediately raised to public deed, which will close the file that the notary would have opened. For those opened by the merchant registrar or the Official Chamber of Commerce, Industry, Services and Navigation, it will be presented to the Commercial Registry copy of the writing so that the registrar can close the file. By the notary, the registrar or the Chamber of Commerce, Industry, Services and Navigation will communicate the closure of the file to the court that would have to process the contest. It shall also account for the fact of certification or copy sent to the public records of goods competent for the cancellation of the entries. It shall also publish the existence of the agreement in the Public Registration Register by means of an announcement containing the data identifying the debtor, including its Fiscal Identification Number, the competent registrar or notary or the Chamber Trade, Industry, Services and Navigation Officer, the mediator's appointment file number, the name of the insolvency mediator, including his Fiscal Identification Number, and the indication that the file is available to the creditors interested in the Trade, Notary or Official Chamber of Commerce, Industry, Services and Navigation for the advertising of its content.

3. If the proposal is not accepted, and the debtor will continue to be insolvent, the insolvency mediator shall immediately request the competent judge to declare the contest, which the judge shall also immediately agree. Where appropriate, it shall also require the judge to conclude the contest for insufficient active mass in the terms provided for in Article 176a of this Law.

4. The out-of-court settlements of payments adopted by the majority and with the requirements described in this Title may not be subject to bankruptcy in an eventual contest of subsequent creditors. "

Eight. An article 238a is inserted with the following wording:

" Article 238 bis. Subjective extension.

1. The content of the out-of-court agreement shall bind the debtor and the creditors described in paragraph 1 of the preceding article.

2. Creditors with collateral, on the part of their credit that does not exceed the value of the security, shall be bound by the agreement only if they have voted in favour of the guarantee.

3. However, creditors with collateral who have not accepted the agreement, on the part of their claims which do not exceed the value of the security, shall be bound by the measures provided for in points (a) and (b) of paragraph 1 of the previous Article, provided that they have been agreed, with the scope to be agreed, by the following majorities, calculated on the basis of the proportion of the value of the guarantees accepted on the total value of the guarantees granted:

(a) 65%, in the case of the measures provided for in paragraph 1 (a) of the previous Article.

(b) 80%, in the case of the measures provided for in paragraph 1 (b) of the preceding Article. "

Nine. Article 239 (2) and (4) are amended, which are worded as follows:

" 2. The challenge shall not suspend the implementation of the agreement and may be based only on the lack of concurrence of the majority required for the adoption of the agreement, taking into account, where appropriate, the creditors who have not been in the case of an increase in the limits laid down in Article 236.1 or in the disproportion of the measures agreed. '

" 4. The judgment of annulment of the agreement shall be published in the Public Register. '

Ten. Article 240 is amended, which is worded as follows:

" Article 240. Effects of the agreement on creditors.

1. No creditor affected by the agreement may initiate or continue to execute against the debtor for debts prior to the disclosure of the opening of the file. The debtor may request the cancellation of the corresponding liens of the judge who have ordered them.

2. By virtue of the out-of-court agreement, the appropriations shall be deferred, remitted or extinguished in accordance with the agreement.

3. Creditors who have not accepted or have shown their disagreement with the out-of-court settlement of payments and are affected by it shall maintain their rights vis-à-vis those who are jointly and severally obliged to the debtor and to their Guarantor or guarantor, who will not be able to invoke the approval of the out-of-court agreement to the detriment of those.

4. In respect of creditors who have signed the out-of-court agreement, the maintenance of their rights vis-à-vis the other obliged, guarantor or guarantor, will depend on what would have been agreed in the respective legal relationship. "

Once. Article 241 (2), which is worded as follows, is amended as follows:

" 2. If the out-of-court settlement of payments is fully complied with, the insolvency mediator shall record it in a notarial act to be published in the Public Register. "

Twelve. Article 242 is amended, which is worded as follows:

" Article 242. Specialties of the contest in a row.

1. It shall be considered for a consecutive contest to be declared at the request of the insolvency mediator, the debtor or the creditors for the impossibility of reaching an out-of-court settlement of payments or for their failure to comply.

You will also have the consideration of a contest in a row that is a consequence of the annulment of the out-of-court agreement reached.

2. The contest in succession shall be governed by the provisions of the abbreviated procedure with the following specialties:

1. If the application for a contest is made by the debtor or the insolvency mediator, it shall be accompanied by an advance proposal for a convention or a settlement plan which shall be governed by the provisions of Chapters I, respectively. and II of Title V.

The application made by the insolvency mediator will also be accompanied by the following documents:

(a) The report referred to in Article 75, to which the publicity provided for in Article 95 shall be given, after the time limit for the communication of appropriations has elapsed and after the necessary corrections have been incorporated.

b) In the case of a natural person contest, it must also rule on the concurrence of the legally established requirements for the benefit of the exemption from the unsatisfied liability in the terms laid down in the Article 178 a or, if applicable, on the opening of the qualification section.

If the position of insolvency administrator is in person other than the insolvency mediator or the request for a tender has been submitted by the debtor or by a creditor, the report of Article 75 shall be submitted in the ten days following the course of the credit reporting period.

If the contest has been initiated at the request of the creditors, the debtor may submit an advance proposal for a settlement or a settlement plan within 15 days of the tender declaration.

2. The judge shall appoint an administrator of the contest to the insolvency mediator in the order of the contest, who shall not be entitled to receive more remuneration for this concept than the one fixed in the contract. the case of extra-judicial mediation. In a row, the principle of confidentiality shall cease to apply to the insolvency mediator who continues with the functions of an insolvency practitioner.

The appointment of an administrator, whether or not appointed by the insolvency mediator, shall be made by the judge in the order of the contest declaration.

3. The costs of the extra-judicial file and the other appropriations which, in accordance with Article 84, have such consideration and have been generated during the processing of the mass will also be taken into account. extra-judicial files, which would not have been satisfied.

4. The two-year period for the determination of the rescinding acts shall be counted from the date of the debtor's application to the merchant registrar, notary or the Official Chambers of Commerce, Industry, Services and Navigation.

5. No need to apply for recognition of credit holders who signed the out-of-court agreement.

6. The creditors may challenge the report of the insolvency administration within the time limit laid down in Article 96, in accordance with the provisions of Article 191.4.

7. If the advance proposal for a convention has been accepted, the processing provided for in Article 191a shall be followed.

8. If the debtor or the mediator had requested the settlement, and in cases of inadmissibility, lack of presentation, failure to approve or breach of the anticipated proposal of the agreement, it will be necessary and at the same time the settlement phase which is governed by the provisions of Title V. If the debtor has not done so, the insolvency administrator shall submit a settlement plan within the term of 10 days from the opening of the settlement.

The company and the creditors, within the period of the claims to the settlement plan, may also make observations on the concurrence of the conditions required to agree on the benefit of the liability exemption. dissatisfied of the natural person. Creditors may also request, by reasoned writing, the opening of the qualification section.

9. In the case of the natural person debtor, if the contest is qualified as fortuitous, the judge in the order of conclusion of the contest shall declare the exoneration of the unsatisfied liability in the liquidation, provided that the requirements and for the purposes of Article 178 a. '

Thirteen. An article 242 a is added, with the following wording:

" Article 242 bis. Specialties of the out-of-court settlement of payments from natural non-entrepreneurs.

1. The out-of-court settlement of payments of natural non-entrepreneurs shall be governed by the provisions of this Title with the following specialties:

1. The application must be filed with the notary of the debtor's domicile.

2. The notary, after finding the adequacy of the documentation provided and the origin of the negotiation of the out-of-court settlement of payments, must, of its own motion, communicate the opening of the negotiations to the competent court for the declaration of the contest.

3. The notary shall promote the negotiations between the debtor and its creditors, and may designate, if deemed appropriate or requested by the debtor, an insolvency mediator. The appointment of the insolvency mediator shall be made within five days of receipt by the notary of the debtor's application, and the mediator must accept the charge within five days.

4. The notarial or registrant actions described in Article 233 shall not bear any tariff remuneration.

5. The deadline for the verification of the existence and the amount of the credits and the convening of the meeting between debtor and creditors shall be 15 days from the notification to the notary of the application or ten days from the acceptance of the charge by the mediator, if the mediator had been appointed. The meeting shall be held within 30 days of its convening.

6. The proposal for an agreement will be submitted at least 15 calendar days before the scheduled date for the meeting, with the creditors being able to submit alternative or modification proposals within the ten calendar days after receipt of that.

7. The proposed agreement may contain only the measures provided for in Article 236.1 (a), (b) and (c).

8. The period of suspension of the executions provided for in Article 235 shall be two months from the communication of the opening of the negotiations to the court unless the agreement was previously adopted or rejected. Extra-judicial payments or the declaration of competition took place.

9. If at the end of the two-month period the notary or, where appropriate, the mediator, considers that it is not possible to reach an agreement, he will request the debtor's contest within the next ten days, referring to the judge a reasoned report with their findings.

10. The consecutive contest will be opened directly in the settlement phase.

2. Regulations for the liability of notaries involved in the extra-judicial payments agreements of natural persons who are not entrepreneurs will be determined. Their remuneration shall be that provided for the mediators. "

Third. Other modifications.

One. Article 92 (5) is amended, which is worded as follows:

"5." 5. The claims that it is the holder of one of the persons specially related to the debtor referred to in the following article, except those referred to in Article 91.1. loans other than loans or acts for the purpose of which the partners referred to in Article 93.2.1. and 3. have met the conditions for participation in the capital referred to therein.

The credits for foods born and expired prior to the declaration of competition that will have the consideration of ordinary credit are excepted from this rule. "

Two. Three new points (m), (n) and (n) are added to the second paragraph of the second provision, 'Special scheme applicable to credit institutions, investment firms and insurance undertakings', with the following wording:

" m) Law 35/2003, dated November 4, of Collective Investment Institutions.

(n) Law 22/2014 of 12 November 2014 on the regulation of venture capital institutions, other closed-type collective investment entities and the management companies of closed-type collective investment entities, and by The amendment of Law 35/2003, of 4 November, of Collective Investment Institutions.

n) The Recast Text of the Law on the Regulation of Pension Plans and Funds, approved by Royal Legislative Decree 1/2002, of November 29. "

Fourth. Remuneration of the insolvency administration.

One. The first subparagraph and Article 34 (2) (b) and (c) shall be worded as follows:

" 2. The remuneration of the insolvency administration shall be determined by means of a tariff which shall be approved in a regulated manner and which shall take account of the number of creditors, the accumulation of competitions, the size of the contest according to the classification given to the the effects of the designation of the insolvency administration and the functions effectively performed by the insolvency administration, as provided for in Article 33. "

" b) Limitation. The maximum total amount that the insolvency administration may receive for its intervention in the contest shall be the lesser of the following two:

i) The amount resulting from multiplying the debtor's asset by 4 percent.

ii) One million five hundred thousand euros.

However, the judge, in a reasoned and heard manner, may approve a remuneration exceeding the above limit when, due to the complexity of the competition, the costs incurred by the insolvency administration justify it, without in any case being able to exceed 50 percent of that limit.

c) Effectiveness. In those contests which are concluded by the inadequacy of the active mass to satisfy the claims against the mass, the payment of a minimum remuneration shall be guaranteed by means of a tariff guarantee account, which shall be provided with the contributions mandatory for the conchor administrators. "

Two. An Article 34a is added with the following wording:

" Article 34a. Opening of the tariff guarantee account.

1. A single tariff guarantee account will be set up, which will be provided with the mandatory contributions to be made by the conterest administrators and which will depend on the Ministry of Justice.

2. The functioning of the account shall be governed by the provisions of this Law and in any number of rules in its development. "

Three. An article 34 ter is added with the following wording:

" Article 34 ter. Scheme of the tariff guarantee account.

1. The only persons authorised to dispose of the existing funds in the tariff guarantee account shall be the judicial secretaries of the courts with jurisdiction in respect of insolvency proceedings.

2. The secretaries shall manage the account and control the revenue and charges through the IT application of the Ministry of Justice that is determined by the Ministry of Justice and which must be validated by the General Council of the Judiciary and by the State Attorney General. The application shall have the appropriate control and security mechanisms and shall ensure the authenticity, confidentiality, integrity and availability of the data, permit the provision of funds by issuing telematic orders of transfer and payment commands, as well as providing information on the movements and balances of accounts.

3. In the case of a lack of appropriate computer media or technical failure to come, a manual may be issued for payment or transfer orders using the standard forms, and the secretaries shall take care in such cases. judicial control of the commands or orders so issued.

4. The Account Registration Book will be obtained from the computer application itself.

5. The Ministry of Justice may monitor the status of the tariff guarantee account by means of the computer application developed for the purpose by the contracting credit institution. "

Four. An article 34 c is added with the following wording:

" Article 34 quater. Provision of the tariff guarantee account and communication obligations.

1. The amounts to be entered in the tariff guarantee account shall be calculated on the basis of the remuneration actually received by each insolvency administrator for his/her performance in the competition by applying the following percentages:

i) 2.5 percent for the remuneration obtained that is between 2,565 euros and 50,000 euros.

ii) 5 percent for the remuneration obtained that is between 50,001 euros and 500,000 euros.

iii) 10 percent for the earned remuneration that exceeds 500,000 euros.

2. Within five working days of the effective perception of any kind of remuneration, the insolvency administration shall enter into the tariff guarantee account the compulsory contributions laid down in paragraph 1. above, calculated on the quantities actually received. At the same time, the court of justice of the court where the tender of the amount entered is dealt with must be taken into account by the insolvency administration or by each of the administrators.

3. Members of the account shall be excluded from the obligation to provide the account to those administrators whose remuneration falls within the scope of the competition as a whole, or to those who are entitled to compensation from that account.

4. The defendant or any other third party who pays any kind of remuneration to the insolvency administration shall be obliged to communicate this circumstance to the judicial secretary of the court before which the contest is dealt with, with an indication of the amount paid and the date of payment. The same obligation shall be imposed on the insolvency administration in respect of the remuneration of any class it may receive.

5. The arrangements for the distribution of the tariff guarantee account shall be regulated. '

Article 2. Modification of Royal Decree-Law 6/2012 of March 9, of urgent measures to protect mortgage debtors without resources.

The Royal Decree-Law 6/2012 of 9 March 2012 on urgent measures for the protection of mortgage debtors without resources is amended as follows:

One. Article 3 (1) is worded as follows:

" 1. Debtors of a credit or secured loan with a mortgage on their usual dwelling shall be considered to be situated on the exclusion threshold where all of the following conditions are met:

a) That the set of household members ' income does not exceed the limit of three times the annual Multiple-annual Multiple-Effect Income Indicator of fourteen pages. For this purpose, the family unit shall be composed of the debtor, his or her spouse not legally separated or a couple in fact registered and the children, regardless of their age, residing in the dwelling, including those linked by a relationship of guardianship, guardianship or family accommodation.

The limit provided for in the preceding paragraph shall be four times the annual Multi-annual Multiple-Effect Income Indicator of fourteen pages in the event that one of the members of the household has declared a higher disability 33 percent, a situation of dependency or illness that is permanently unable to provide you with a permanent job, or five times that indicator, in the event that a mortgage debtor is a person with paralysis. brain, with mental illness, or with intellectual disability, with a degree of disability recognised as being equal to or greater than 33 per cent, or a person with a physical or sensory disability, with a recognised degree of disability equal to or greater than 65 per cent, as well as in cases of serious illness which cannot be credited to the person or your caregiver, to perform a work activity.

(b) That, in the four years preceding the time of the application, the family unit has undergone a significant change in its economic circumstances, in terms of the effort to access the housing, or have been in excess of such period of family circumstances of particular vulnerability.

For these purposes, a significant change in economic circumstances shall be understood where the effort to represent the mortgage burden on family income has multiplied by at least 1,5; except the entity accredit that the mortgage burden at the time of the loan was granted was equal to or greater than the mortgage charge at the time of application of the Code of Practice.

It is also understood that they are in a familiar circumstance of special vulnerability:

1. The large family, in accordance with current legislation.

2. The single-parent family unit with two children in charge.

3. The family unit of which a child under three years is a member.

4. The family unit in which one of its members has a disability of more than 33%, a situation of dependency or illness that permanently incapacitate it, in an accredited way, to carry out a job activity.

5. The debtor over 60 years of age, even if he does not meet the requirements to be considered a household unit as provided for in point (a) of this issue.

(c) The mortgage fee shall be greater than 50% of the net income collected by all members of the household. That percentage shall be 40 per cent if one of those members is a person in which the circumstances provided for in the second subparagraph of point (a) are met.

For the purposes of points (a) and (b) above, a disability shall be deemed to be equal to or greater than 33% of the pensioners of the Social Security who are entitled to a permanent disability pension in the degree of total, absolute or major invalidity, and pensioners of passive classes who are entitled to a retirement or retirement pension for permanent incapacity for service or uselessness. "

Two. Article 5 (2) and (3) are worded as follows:

" 2. The application of the Code of Practice shall be extended to mortgages provided as a guarantee of loans or loans, where the purchase price of the immovable property is not more than 20% of the amount which would be multiplied by the extension of the building, for the average price per square meter for free housing that the Index of Housing Prices produced by the Ministry of Development for the year of acquisition of the property and the province in which it is located either, with an absolute limit of EUR 300,000. The buildings purchased before 1995 shall be taken as the average reference price for 1995.

However, only mortgages incorporated as collateral for loans or loans granted shall be eligible for the measures provided for in paragraph 3 of the Code where the purchase price of the mortgaged property does not exceed Of which it would be necessary to multiply the extension of the building, by the average price per square meter for free housing that will yield the Housing Price Index prepared by the Ministry of Development for the year of acquisition of the real estate and the the province in which it is situated well, with an absolute limit of EUR 250,000. The buildings purchased before 1995 shall be taken as the average reference price for 1995.

3. Institutions shall communicate their accession to the General Secretariat of the Treasury and Financial Policy. '

Three. A new paragraph (iv) is inserted in point 1 (b) of the Annex, with the following wording:

"iv. In any event, the limiting clauses of the interest rate reduction provided for in the mortgage loan agreements shall be indeterminate indefinitely."

Article 3. Amendment of Law 1/2013, of 14 May, of measures to strengthen the protection of mortgage debtors, debt restructuring and social rent.

Article 1 (1), (2) and (3) of Law 1/2013, of 14 May, of measures to strengthen the protection of mortgage debtors, debt restructuring and social rent, are worded as follows:

" 1. Until four years after the entry into force of this Law, the launch will not proceed when in a judicial or extrajudicial process of foreclosure it would have been awarded to the creditor, or to the person acting on his own, the housing (a) of persons who are in the circumstances of particular vulnerability and in the economic circumstances provided for in this Article.

2. The assumptions of particular vulnerability referred to in the previous paragraph are:

a) Large family, in accordance with current legislation.

b) Single-parent family unit with two children in charge.

c) Family unit of which a child under three years is a member.

d) a family unit in which one of its members has a disability of more than 33%, a situation of dependency or illness which is permanently unable to do so to carry out an activity work.

(e) Family unit in which the mortgage debtor is in an unemployment situation and has exhausted unemployment benefits.

(f) a family unit with which one or more persons who are united with the mortgage holder or his or her spouse by relationship of kinship to the third degree of consanguinity or affinity, and who are find personal disability, dependency, severe illness that incapacitated them in a temporary or permanent way to carry out a work activity.

g) Family unit in which there is a victim of gender-based violence, in accordance with the legislation in force, in the event that the dwelling object of the launch constitutes its habitual residence.

h) The debtor over 60 years.

3. For the purposes of paragraph 1, the following economic circumstances shall, in addition to the special vulnerability assumptions provided for in the preceding paragraph, be met:

a) That the set of household members ' income does not exceed the limit of three times the annual Multiple-annual Multiple-Effect Income Indicator of fourteen pages. This limit shall be four times the annual Multi-annual Multiple-Effect Income Indicator of fourteen pages in the cases referred to in points (d) and (f) of the preceding paragraph, and of five times that indicator in the case of the execution of the a person with cerebral palsy, mental illness or intellectual disability, with a degree of disability recognised equal to or greater than 33 per cent, or a person with a physical or sensory disability, with a recognised degree of disability equal to or more than 65 percent, as well as in cases of serious illness that incapacitate accreditously, to the person or their caregiver, to perform a work activity.

b) That, in the four years prior to the time of application, the family unit has undergone a significant alteration of its economic circumstances, in terms of the effort to access the housing.

(c) The mortgage fee is greater than 50 percent of the net income that the family unit group receives.

(d) In the case of a secured loan or loan with a mortgage that falls on the sole property of the debtor and granted for the purchase of the debtor. "

TITLE II

Other social order measures

CHAPTER I

Measures in the field of taxation and public administrations

Article 4. Amendment of Law 35/2006, of 28 November, of the Tax on the Income of the Physical Persons and of partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on the Heritage.

With effect from January 1, 2015, the following amendments are made to the Law 35/2006, of November 28, of the Tax on the Income of the Physical Persons and of the partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on Heritage:

One. Article 81a (1) and (2) are amended as follows:

" 1. Taxpayers who are engaged in an activity for their own or other persons who are discharged under the relevant social security scheme or mutual insurance scheme may undermine the differential tax rate in the following deductions:

(a) For each descendant with a disability entitled to the application of the minimum by descendants provided for in Article 58 of this Law, up to EUR 1,200 per year.

(b) For each parent with a disability entitled to the application of the minimum per ascending line provided for in Article 59 of this Law, up to EUR 1,200 per year.

c) For being an ascendant, or an orphan brother of father and mother, who is part of a large family under Law 40/2003, of November 18, of Protection of the Families of Numerous, or for being a separate ascendant legally, or without a marriage link, with two children without the right to receive annuities for food and for which they are entitled to the entire minimum provided for in Article 58 of this Law, up to EUR 1,200 per year.

In case of large families of special category, this deduction will be increased by 100 percent. This increase shall not be taken into account for the purposes of the limit referred to in paragraph 2 of this Article.

They may also undermine the differential rate of tax on deductions previously provided by taxpayers who receive contributory and welfare benefits from the system of protection of unemployment, pensions paid by the General Regime and the Special Regiments of Social Security or by the State Passive Classes Scheme, as well as the taxpayers who receive benefits similar to those previously recognised to non-integrated professionals in the special scheme for the social security of selfemployed persons or workers (a) self-employed persons who are self-employed as alternatives to the special scheme of social security referred to above, provided that they are subject to the same conditions as those provided for in the corresponding pension Social Security.

Where two or more taxpayers are entitled to the application of any of the above deductions in respect of the same descendant, ascendant or large family, their amount shall be prorated among themselves by equal parties, without prejudice to the provisions of paragraph 4 of this Article.

2. Deductions shall be calculated in proportion to the number of months in which the requirements laid down in paragraph 1 are met simultaneously, and shall have as a limit for each of the deductions, in the case of taxpayers referred to in the first subparagraph of paragraph 1 above, the total contributions and contributions to the Social Security and Mutual Insurance payable in each tax period. However, if you are entitled to the deduction provided for in points (a) or (b) of the previous paragraph in respect of a number of relatives or descendants with disabilities, the limit shall be applied independently of each of them.

For the purposes of calculating this limit, contributions and contributions shall be computed for their full amounts, without taking into account any bonuses that may correspond. "

Two. A new additional 42nd provision is added, which is worded as follows:

" Additional 42nd Disposition. Procedure for the tax payers who receive certain benefits to apply the deductions provided for in Article 81a and to be paid in advance.

1. Taxpayers who receive the benefits referred to in the sixth subparagraph of Article 81a (1) of this Law may practise the deductions provided for in that paragraph and receive them in advance in accordance with the terms laid down in Article 81a. Article 60a of the Income Tax Regulation of the Physical Persons, with the following specialties:

(a) For the purposes of calculating the number of months for the calculation of the amount of the deduction, the requirement to receive such benefits shall be deemed to be fulfilled where such benefits are received on any day of the month, and not the requirement of discharge in the relevant system of social security or mutual benefit shall apply.

(b) Taxpayers entitled to the application of these deductions may apply to the State Administration of Tax Administration for advance payment for each of the months in which such benefits are received.

(c) The limit laid down in Article 60a (1) of the Tax Regulation shall not apply, nor, in the case where the right to deduction has been granted, the provisions of paragraph 5 (c). of Article 60a of the Tax Regulation.

2. The State Employment Service, the Social Security and the social security mutual societies alternative to that of the Social Security and any other body which abonds the benefits and pensions referred to in the sixth paragraph of the Article 81 (1) of this Law shall be obliged to supply by electronic means to the State Agency of Tax Administration during the first ten days of each month the data of the persons to whom they have satisfied the aforementioned benefits or pensions during the previous month.

The format and content of the information shall be those which, at any given time, are recorded in the website of the State Agency for Tax Administration on the Internet.

3. As set out in paragraph 1 of this additional provision, as well as the time limit, content and format of the information declaration referred to in paragraph 2 of this additional provision, it may be amended as a rule. '

Three. A new additional 40th third provision is added, which is worded as follows:

" Additional 43rd 3rd. Exemption from income obtained by the debtor in proceedings.

Will be exempt from this Tax on the income obtained by debtors that are revealed as a consequence of debts and debts in payment of debts, established in a convention approved judicially according to the procedure In the case of the Court of Justice of the European Union, the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union Title X or as a result of exonerations of the unsatisfied liability referred to in Article 178 bis of the same Law, provided that the debts do not result from the exercise of economic activities. "

Article 5. Amendment of Law 7/2007, of 12 April, of the Basic Staff Regulations.

Law 7/2007, of 12 April, of the Basic Staff Regulations, is amended as follows:

One. Article 35 (1) is worded as follows:

" 1. The tables referred to in Articles 34, 36.3 and further provision of this Statute shall be validly constituted when, in addition to the representation of the Administration concerned, and without prejudice to the right of all Trade union organisations entitled to participate in them in proportion to their representativeness, such trade union organisations represent at least the absolute majority of the members of the unit of representation in the field of be treated. "

Two. A new additional provision is introduced thirteenth with the following wording:

" Additional Disposition thirteenth. Negotiation tables in specific areas.

1. For the negotiation of the working conditions of the official or statutory staff of their respective areas, the following Negotiating Tables shall be established:

(a) Non-university teaching staff, for matters to be negotiated within the competence of the Ministry of Education, Culture and Sport.

(b) The staff of the Administration of Justice, for matters to be dealt with within the jurisdiction of the Ministry of Justice.

(c) The statutory staff of the Health Services, for matters to be dealt with within the competence of the Ministry of Health, Social Services and Equality, and which shall take over powers and duties provided for in Article 11.4 of the Staff Regulations of the Staff Regulations of Health Services. Table to be referred to as "Negotiation Scope".

2. In addition to the representation of the General Administration of the State, they shall constitute such negotiations, the trade union organizations referred to in the second paragraph of Article 33.1 of this Statute, the representation of which shall be distributed in function of the results obtained in the elections to the representative bodies of the staff in the specific area of the negotiation which, in each case, corresponds to, considered at the state level. "

Article 6. Amendment of the Royal Decree-Law 20/2012 of 13 July 2012 on measures to ensure budgetary stability and the promotion of competitiveness.

Article 12 of Royal Decree-Law 20/2012 of 13 July 2012 on measures to ensure budgetary stability and the promotion of competitiveness is worded as follows:

" Article 12. Determination of the electoral units in the General Administration of the State and the Administration of Justice.

1. In compliance with the provisions of article 39.4 of Law 7/2007, of April 12, of the Basic Staff Regulations, in the field of the General Administration of the State, a Board of Personnel will be elected in each of the following units. Election:

(a) One for each of the ministerial departments, including their Autonomous Bodies, Management Entities and common services of the Social Security Administration and all the provincial services of Madrid.

b) One for each Agency, public entity or body not included in the letter above, for all the services it has in the province of Madrid.

(c) One in each province, excluding that of Madrid, and in the cities of Ceuta and Melilla, in the Delegation or Subdelegation of Government, which shall include the Autonomous Bodies, Agencies within the scope of application of Law 28/2006, of July 18, the Management Entities and common services of the Administration of Social Security and the administrative units and provincial services of all the Ministry of State in the same province, including civil servants providing services in the military administration.

(d) One for each public entity or body, not included in the letter above, for all services it has in the same province or in the cities of Ceuta and Melilla.

e) One for officials assigned to diplomatic missions in each country, permanent representations, consular offices and institutions and services of the State Administration abroad.

f) One in each province and in the cities of Ceuta and Melilla, for the statutory staff of public health services.

g) One for the teaching staff of non-university public centres, in each of the cities of Ceuta and Melilla.

2. In those Electoral Units referred to in the preceding paragraph, with the exception of those referred to in point (d), which do not reach the minimum of 50 officials, they shall be represented on the Staff Board of the Department to which was assigned to the Agency or Administrative Unit concerned.

In the provincial Electoral Units referred to in point (d) that do not reach the minimum of 50 officials, they shall be represented on the Madrid Staff Board of the appropriate Body or Public Ente.

3. In the Administration of Justice, a Board of Personnel will be chosen in each province, and in the cities of Ceuta and Melilla, for all the official personnel at their service. In addition to the previous ones, in Madrid another Board of Personnel will be chosen for the staff assigned to the central organs of the Administration of Justice.

4. In the elections to representatives of the labour force in the field of the General Administration of the State and the Administration of Justice, not transferred, it shall constitute a single working centre:

(a) The totality of the units or establishments of each Ministerial Department, including those corresponding to their Autonomous Bodies, management entities and common services of the Security Administration Social and all its provincial services, in Madrid.

(b) The whole of the units or establishments in the province of Madrid of each of the Agencies falling within the scope of Law 28/2006, bodies or public entities not included in the preceding letter and the dependent on the Administration of Justice.

c) All units or establishments in the service of the General Administration of the State, its Autonomous Bodies, Management Entities, common services of the Administration of Social Security and Agencies falls within the scope of Law 28/2006 which radiate in the same province, excluding that of Madrid, or in the cities of Ceuta and Melilla. The units and establishments dependent on the Administration of Justice shall be included in this paragraph.

(d) Constitute, also a single working centre, the whole of the establishments of each public body or body not included in the preceding letters, located in the same province or in the cities of Ceuta and Melilla.

5. The provisions of this article will produce effects upon the expiration of the electoral mandates currently in force.

6. In any case, the new electoral units shall enter into force on 1 March 2015, when all the mandates in force or extended shall be extinguished as a result of the election of the new representative bodies, which shall be it must be produced within 10 months from the date indicated. '

Article 7. Amendment of Law 27/2014 of 27 November of the Company Tax.

For the purposes of the tax periods starting from 1 January 2015, Article 124 (3) of Law 27/2014 of 27 November 2014 on the Company Tax, which is hereby amended, is amended as follows: next form:

" 3. The taxpayers referred to in Article 9 (2), (3) and (4) of this Law shall be obliged to declare all their income, exempt and not exempt.

However, the taxpayers referred to in Article 9 (3) of this Act shall have no obligation to make a statement when they meet the following requirements:

a) That your total income does not exceed 50,000 euros per year.

(b) That the revenue for non-exempt income does not exceed EUR 2 000 per year.

c) That all non-exempt income that they obtain is subject to retention. "

CHAPTER II

Measures relating to the promotion of indefinite employment, self-employment and social protection in agriculture

Article 8. Minimum exempt from social security contributions to promote the creation of indefinite employment.

1. In the case of indefinite hiring in any of its modalities, provided that the conditions and requirements laid down in this article are met, the business contribution to the contribution to the Social Security by contingencies common will be determined according to the following rules:

(a) If the procurement is full time, the first 500 euro of the common contingency contribution basis for each month shall be exempt from the application of the quote rate in the relevant part of the the company. The remainder of the amount of such a base shall be applicable to the rate of contribution in force at any time.

(b) If the hiring is part-time, where the working day is at least equivalent to 50% of the day of a comparable full-time worker, the amount referred to in point (a) shall be reduced in form proportional to the percentage of the day reduction of each contract.

2. The benefit in the contribution provided for in this Article shall be a bonus where the indefinite recruitment occurs with workers registered in the National Youth Guarantee System who comply with the requirements laid down in the Article 105 of Law 18/2014 of 15 October of the approval of urgent measures for growth, competitiveness and efficiency, and in a reduction for all other contract workers.

3. The benefit in the listing shall apply for a period of 24 months, computed from the date of the contract's effects, to be formalised in writing, and in respect of those concluded between 1 March 2015 and 31 August 2016.

Ended the 24-month period, and for the following 12 months, companies that at the time of the contract to which this benefit is applied in the listing will have fewer than ten workers entitled to to maintain the rebate or reduction, although during this new period the first 250 euro of the contribution base or the proportionally reduced amount corresponding to the assumptions of the levy will be exempt from the application of the levy rate Part-time procurement.

When the dates of the discharge and the worker's absence in the corresponding Social Security scheme do not coincide with the first or last day of the calendar month, the amount to which the benefit to which it relates applies this item will be proportional to the number of days on high in the month.

4. To benefit from the provisions of this Article, companies must meet the following requirements:

(a) To be found in compliance with its tax and social security obligations, both on the date of the workers ' discharge and during the implementation of the corresponding benefit. If during the bonus period or reduction there is a total or partial non-compliance with these statutory obligations, the automatic loss of the benefit shall be incurred in respect of the instalments for periods not exceeding entered in that period, taking into account such periods as consumed for the purposes of calculating the maximum bonus or reduction time.

(b) Not to have extinguished work contracts, either for objective reasons or for disciplinary dismissals that have been declared judicially imsourced, or for collective redundancies that have been declared unadjusted by law, in the six months preceding the conclusion of the contracts giving entitlement to the benefit provided for in this Article. The exclusion of the right to the bonus or reduction resulting from failure to comply with this requirement will affect a number of contracts equivalent to that of the extinctions produced.

(c) To conclude indefinite contracts involving an increase in both the level of indefinite employment and the level of total employment of the company. To calculate such an increase, the average daily average of workers who have served in the company within thirty days prior to the conclusion of the contract shall be taken as a reference.

(d) To maintain for a period of 36 months, from the date of the effects of the indefinite contract with the application of the allowance or reduction, both the level of indefinite employment and the level of total employment achieved, less, with such procurement.

The maintenance of the indefinite level of employment and the level of total employment will be examined every twelve months. To this end, the average number of indefinite workers and the average total workers of the month in which it is necessary to examine the compliance with this requirement will be used.

For the purpose of examining the level of employment and its maintenance in the enterprise, the extinctions of employment contracts shall not be taken into account for objective reasons or for disciplinary dismissals which have not been declared imparted, collective redundancies which have not been declared unadjusted by law, as well as the extinctions caused by the resignation, death or permanent permanent incapacity, absolute or great invalidity of the workers or the expiry of the time agreed or performance of the work or service subject to the contract, or by resolution during the period test.

(e) Not having been excluded from access to the benefits arising from the application of the employment programmes by the commission of the serious infringement of Article 22.2 or the very serious infringements of Articles 16 and 23 of the Text Recast of the Law on infringements and sanctions in the social order, approved by the Royal Legislative Decree 5/2000 of 4 August, in accordance with the provisions of Article 46 of the Law.

5. The benefit in the quotation provided for in this Article shall not apply in the following cases:

(a) Special employment relations provided for in Article 2 of the recast of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995 of 24 March, or in other provisions legal.

(b) Contracts affecting the spouse, ascendants, descendants and other relatives by consanguinity or affinity, up to the second degree, including, of the employer or of those who have the business control, have charges of (a) address or are members of the administrative bodies of the entities or undertakings which review the legal form of the company, as well as those that arise with the latter.

Except for the provisions of the preceding paragraph, the hiring of children who fulfil the conditions laid down in the additional provision of Law 20/2007 of 11 July of the Statute of an autonomous work.

(c) Contracting of workers whose activity determines their inclusion in any of the special systems established in the General Social Security Regime.

(d) Recruitment of employees which may exceptionally take place in the terms laid down in Articles 20 and 21 as well as in the additional provisions of the fifth to tenth seventh of Law 36/2014 of 26 December 2014; of the State's General Budget for the year 2015, and in equivalent precepts of subsequent State General Budget Laws.

(e) Contracting of workers who have been engaged in other undertakings in the group of undertakings of which they are a party and whose contracts have been extinguished by objective reasons or by disciplinary dismissals which have been some or others declared judicially as impropriety, or for collective redundancies that have been declared unadjusted by law, in the six months prior to the conclusion of the contracts giving entitlement to the reduction.

(f) Recruitment of workers who, within six months of the contract date, have provided services in the same undertaking or entity by means of an indefinite contract.

The benefit will also not be applicable to the contribution of part-time workers whose contracts are entitled to the same.

6. The application of the allowance or reduction referred to in this Article shall not affect the determination of the amount of the financial benefits to which the workers concerned may be entitled, which shall be calculated by applying the full amount of the relevant contribution base.

7. The application of the benefit provided for in this Article shall be incompatible with that of any other benefit in the contribution to Social Security for the same contract, irrespective of the concepts to which such benefits may affect, with the following exceptions:

(a) In the event that the indefinite contract is formalised with persons receiving the National Youth Guarantee System, it shall be compatible with the allowance provided for in Article 107 of Law 18/2014 of 15 October 2014, approval of urgent measures for growth, competitiveness and efficiency.

(b) Where the indefinite contract is concluded with persons receiving the Employment Activation Programme, it shall be compatible with the accompanying economic aid which they receive, in accordance with the terms laid down in the Article 8 of Royal Decree-Law 16/2014 of 19 December 2014 governing the Employment Activation Programme.

8. The provisions of the preceding paragraphs shall also apply to persons who are employed as workers or cooperative members of cooperatives, provided that they have opted for a social security scheme of their own employed persons, as well as those who are employed as workers ' partners in the working societies.

9. The application of this benefit in the contribution will be subject to review and review by the State Employment Public Service, the General Treasury of Social Security and the Labour and Social Security Inspectorate, in the exercise of the functions that they respectively have attributed to.

10. In the cases of improper application of the respective benefit, for failure to comply with the conditions set out in this article, the refund of the amounts left to enter with the corresponding surcharge and interest of delay will proceed, according to The provisions of the law on social security are laid down.

In the event of non-compliance with the requirement provided for in paragraph 4.d), the allowance or reduction shall be without effect and the difference between the amounts corresponding to the contributions shall be recovered. business to the contribution for common contingencies that would have occurred if that and the contributions already made were not applied, in the following terms:

1. If the failure to comply with the requirement to maintain the level of employment occurs from the start date of the application of the respective benefit up to month 12, it will be up to 100 percent to be reintegrated. difference.

2. º If the default occurs from month 13 and until month 24, it will be up to reintegrate the aforementioned difference for the months that have elapsed since month 13.

3. If non-compliance occurs from month 25 and up to month 36, it will be up to you to reintegrate that difference for the months that have elapsed since month 25.

In the cases of drawback for non-compliance with the requirement provided for in paragraph 4.d), which shall be carried out in accordance with the provisions of the legislation on social security, it shall not require a surcharge and delay.

The obligation of reimbursement provided for in this paragraph is without prejudice to the provisions of the recast of the Law on infringements and penalties in the social order.

11. The subsidy will be financed from the corresponding budget item of the State Employment Public Service, and will be the subject of co-financing from the European Social Fund when it meets the established requirements, and the reduction will be financed by the Social Security revenue budget.

Article 9. Amendment of Law No 20/2007 of 11 July of the Statute of an autonomous work.

A new article 30 is added to Law 20/2007, of July 11, of the Statute of Autonomous Work, with the following wording:

" Article 30. Bonus to workers included in the Special Scheme of Workers for Own or Self-Employed for the reconciliation of professional and family life linked to recruitment.

1. Workers included in the Special Scheme for Social Security of Workers for the Own or Self-employed shall be entitled, for up to 12 months, to a 100 per cent allowance for the share of self-employed persons for contingencies. common, which is to apply to the average of the worker in the 12 months preceding the date on which this measure is applied, the minimum rate of contribution in force at each time laid down in the special scheme in question. Assumptions:

a) For care of children under 7 years of age.

b) By having a relative, by consanguinity or affinity to the second degree inclusive, in a situation of dependence, duly accredited.

c) For having a family member, by consanguinity or affinity up to the second degree inclusive, with cerebral palsy, mental illness or intellectual disability with a recognised degree of disability equal to or greater than 33 (a) a percentage or a physical or sensory disability with a recognised degree of disability equal to or greater than 65 per cent, where such disability is duly accredited, provided that the family member does not carry out a paid activity.

In the event that the worker carries less than 12 months of discharge in the Special System of Social Security of Workers for Own or Autonomous Account, the average contribution basis will be calculated from the date of discharge.

2. The application of the allowance referred to in the previous paragraph shall be conditional on the retention of the special scheme of the Social Security of Workers for the Account of Own or Self-Employments and the hiring of a worker on time. full or partial, which must be maintained throughout the period of your enjoyment. In any event, the duration of the contract shall be at least 3 months from the date of commencement of the benefit of the allowance.

This hired worker will be engaged in the professional activity that leads to the high in the Social Security System of the self-employed worker.

When the employment relationship is extinguished, even during the initial 3-month period, the self-employed worker may benefit from the allowance if he hires another employee for the maximum period of 30 days.

The part-time contract may not be held for a working day of less than 50% of the day of a comparable full-time worker. If the hiring is part-time, the allowance provided for in paragraph 1 of this Article shall be 50%.

3. In the event of non-compliance with the provisions of the previous paragraph, the self-employed worker shall be obliged to reintegrate the amount of the allowance enjoyed.

No refund of the allowance shall be made when the extinction is motivated by objective causes or disciplinary dismissal when one or the other is declared or recognised as originating, or in the cases of extinction caused by resignation, death, retirement or permanent total incapacity, absolute or great invalidity of the worker or by resolution during the probationary period.

Where drawback is applicable, the drawback shall be limited exclusively to the part of the bonus enjoyed which was linked to the contract whose extinction would have occurred in circumstances other than those provided for in the paragraph previous.

In case of failure to keep the employed worker in employment for at least 3 months from the date of commencement of the allowance, the self-employed worker shall be obliged to reintegrate the amount of the allowance. enjoyed, unless, in accordance with the provisions of the previous paragraph, another person is to be recruited within 30 days.

If the child giving rise to the allowance provided for in this article reaches the age of 7 years prior to the end of the allowance, the allowance may be maintained until the maximum period is reached. 12 months provided, provided the other conditions are met.

In any case, the self-employed worker who benefits from the bonus provided for in this article must be kept high in Social Security for the six months following the expiration of the period of his enjoyment. Otherwise the self-employed worker will be obliged to reintegrate the amount of the bonus enjoyed.

4. Only self-employed workers who lack employees on the date of the start of the application of the allowance and during the 12 months preceding the allowance shall be entitled to the allowance. No consideration shall be given to the effects before the employed person employed by means of a contract of interinity for the replacement of the self-employed person during periods of rest for maternity, paternity, adoption or accommodation. preadoptive as permanent or simple, risk during pregnancy or risk during natural lactation.

5. The beneficiaries of the bonus shall be entitled to their enjoyment once for each of the liable subjects referred to in paragraph 1, provided that the other requirements laid down in this Article are met.

6. The measure provided for in this Article shall be compatible with other incentives for hire or hire, in accordance with the rules in force.

7. In the absence of expressly provided for, the procurement made under this Article shall be governed by the provisions of Article 15.1.c) of the Staff Regulations and their implementing rules. "

CHAPTER III

Measures in the field of the Administration of Justice

Article 10. Amendment of Law 10/2012 of 20 November, regulating certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

Law 10/2012 of 20 November, regulating certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences, is amended as follows:

One. Article 4 is amended as follows:

" Article 4. Rate exemptions.

1. Objective rate exemptions are constituted by:

(a) The interposition of demand and the presentation of further resources in the case of procedures specially established for the protection of fundamental rights and public freedoms, as well as against the The performance of the electoral administration.

b) The application for voluntary tender by the debtor.

(c) The filing of the initial request for the order for payment procedure and the demand for a verbal judgment in the amount of the claim when the amount of the procedure does not exceed two thousand euros. This exemption shall not apply where, in those proceedings, the claim exercised is based on a document which has the character of an out-of-court executive title in accordance with the provisions of Article 517 of Law No 1/2000 of 7 January 2000. Civil Prosecution.

d) The interposition of litigation-administrative resources when recurred in cases of negative administrative silence or inactivity of the Administration.

e) The interposition of the application for the execution of awards dictated by the Arbitration Boards of Consumption.

(f) The actions which, in the interest of the mass of the contest and prior to the authorization of the Judge of the Mercantile, are brought by the conterest administrators.

g) Procedures for the judicial division of assets, except in cases where opposition is expressed or controversy over the inclusion or exclusion of goods, the rate of the verbal judgment and the amount of the charge to be discussed or the derivative of the impeachment of the particional notebook in charge of the opponent, and if both are opposed by each one for their respective amount.

2. From the subjective point of view, they are, in any case, exempt from this rate:

a) The physical persons.

(b) Legal persons who have been recognised as having the right to free legal assistance, by stating that they meet the requirements for this in accordance with their regulatory regulations.

c) The Fiscal Ministry.

(d) The General Administration of the State, those of the Autonomous Communities, the local entities and the public bodies that are dependent on all of them.

e) The General Courts and Legislative Assemblies of the Autonomous Communities. "

Two. The second subparagraph of Article 6 (2) shall be deleted.

Three. The first subparagraph of paragraph 2 is amended, as follows, and Article 7 (3) is deleted:

" 2. In addition, the amount resulting from the application to the taxable amount determined in accordance with the provisions of the previous Article shall be satisfied, in accordance with the following scale. '

Four. A second subparagraph is added to the first paragraph of Article 8, which is read as follows:

"However, the subjects referred to in Article 4 (2) shall not be required to present self-validation."

Additional disposition first. Insolvency mediation functions.

1. In accordance with the provisions of Articles 5.3 and 21.1.i) of Law 4/2014, of 1 April, Basic of the Official Chambers of Commerce, Industry, Services and Navigation, the Official Chambers of Commerce, Industry, Services and Shipping Terms provided for in its specific rules as well as the Official Chamber of Commerce, Industry, Services and Navigation of Spain, may perform the functions of the insolvency mediation provided for in Title X of Law 22/2003 of 9 July, Insolvency.

2. The mediation system developed by the Chambers must be transparent and there must be a guarantee of the absence of conflicts of interest. To this end, they may constitute a commission of over-indebtedness or equivalent organ, which shall be composed, at least, by a person who meets the conditions required by Article 233.1 of the Insolvency Law, to act as mediator. insolvency.

3. Without prejudice to the above functions, the Official Chambers of Commerce, Industry, Services and Navigation, as provided for in its specific regulations, as well as the Official Chamber of Commerce, Industry, Services and Navigation of Spain, will be able to carry out additional functions which will enable traders in the field of insolvency, such as advisory services, preparation of requests for the appointment of a mediator, extra-judicial payments, preparation of documentation, drawing up of lists of creditors, credits and contracts, prior assessment of proposals for a convention and how many other ancillary functions are considered to be accurate for the purposes of facilitating formalities in the relevant procedures to be met by the debtor.

Additional provision second. Remuneration of the insolvency mediator.

1. The remuneration of the insolvency mediator shall be calculated according to the following rules:

(a) The basis for the remuneration of the insolvency mediator shall be calculated by applying the percentages set out in the Annex to Royal Decree 1860/2004 of 6 September establishing the debtor on the assets and liabilities of the debtor. Rights tariff of the conclave administrators.

(b) If the debtor is a natural person without economic activity, a 70 percent reduction shall be applied on the basis of the remuneration of the preceding letter.

(c) If the debtor is a natural person, a reduction of 50% shall be applied on the basis of the remuneration of (a).

(d) If the debtor is a company, a 30 percent reduction shall be applied on the basis of the remuneration of (a).

(e) If the out-of-court settlement of payments is approved, a complementary fee equal to 0.25 percent of the debtor's asset will be applied.

2. This provision shall apply until the remuneration of the insolvency mediator is regulated.

Additional provision third. Representation of the debtor in the contest.

By way of exception to the provisions of Article 184 (2) of Law 22/2003, of July 9, Bankruptcy, the representation by attorney shall not be mandatory for the debtor natural person in the contest in a row.

Additional provision fourth. Solvency meter.

With the aim of making it easier for any interested person to be aware of their personal financial situation, an IT application will be enabled on the website of the Ministry of Economy and Confidential, free and telematic form through which the solvency situation in which it is located for the purposes of the application of the provisions of Title I of this Law may be determined.

Additional provision fifth. Promotion and coordination of collective bargaining.

The Secretariat of State of Public Administrations will be represented in the negotiations of the non-university teaching staff, the staff of the Administration of Justice and the statutory staff of the services of health, through the General Directorate of the Civil Service.

The Secretariat of State of Public Administrations will take appropriate measures to promote and ensure the coordination of the negotiation of the Administration through the different Messes and areas.

Additional provision sixth. Assessment of the operation of the tariff guarantee account.

Elapsed one year after the effective implementation of the tariff guarantee account, the government will issue an assessment report on its operation and its sufficiency to pay for the payment of the duties of administrators. which cannot be covered by the active mass of the competitions.

First transient disposition. Transitional arrangements for insolvency proceedings.

1. The provisions of Article 92.5. of Law 22/2003, of 9 July, of the Court of Justice, in the wording given by this Law, shall apply to the proceedings in respect of which the final text of the report of the Court of Justice has not been presented. Insolvency administration.

2. The obligation to submit an application for the initiation of an out-of-court settlement of payments in a standard form provided for in Article 232 (2) of Law 22/2003 of 9 July, which is in the form of the wording given by this Law, will be application of the order of the Ministry of Justice laying down the standard forms.

3. Article 176a (3) and (4) and Articles 178.2 and 178 (a) of the Law on the Court of Justice shall apply to competitions which are being processed.

In contests concluded by liquidation or by insufficient active mass prior to the entry into force of this Law, the debtor may benefit from the provisions of Articles 176a and 178 bis of the Law of the Bankruptcy, if the contest, voluntary or necessary, should be re-instated.

4. During the year following the entry into force of this Law, it shall not be enforceable, in order to obtain the benefit of the exemption provided for in Article 178 bis of the Law of Bankruptcy, the requirement provided for in paragraph 3.5. (iv) of the Law.

5. During the year following the entry into force of this Law, it will not be enforceable, in order to request an out-of-court settlement of payments, the requirement provided for in Article 231.3.2. of the Insolvency Act.

Second transient disposition. Regime applicable to indefinite procurement formalised prior to 1 March 2015.

The benefits to the Social Security contribution that were paid for the indefinite contracts concluded before 1 March 2015 shall be governed by the rules in force at the time of their conclusion.

Transitional provision third. Duties of rights of the administrators.

Until the new regulatory development of Article 27 of Law 22/2003, of July 9, is approved, the tariff of the insolvency administration will be governed by the provisions of the Royal Decree 1860/2004, 6 of September, for which the duty tariff of the consign administrators is established, with the following specialties:

(a) The amount resulting from the application of the provisions set out in Articles 4 and 5 of Royal Decree 1860/2004 of 6 September establishing the duty tariff of the insolvency administrators shall be increased up to 5% for each of the cases referred to in Article 6.1 of the same Royal Decree, without the total increase being greater than 15% if the contest is classified as medium-sized or more than 25% if it is qualified as large, while respecting the limits laid down in Article 34.2.b) of the Law 22/2003, dated July 9, Insolvency.

(b) The remuneration of professional insolvency managers during each of the first six months of the settlement phase shall be equal to 10% of the remuneration approved for the common phase.

As of the seventh month from the opening of the settlement phase without the completion of the liquidation phase, the remuneration of the administrators during each successive month shall be equal to 5 per cent of the remuneration approved for the common phase.

From the thirteenth month from the opening of the liquidation phase, the insolvency administration shall not receive any remuneration unless the judge in a reasoned and prior hearing of the parties decides, having regard to the circumstances of the case, extend that period. The agreed extensions shall be quarterly and shall not exceed six months in total.

Transitional disposition fourth. Transitional arrangements for payment under the tariff guarantee account.

Until the distribution regime of the tariff guarantee account is approved, the following will apply:

1. The maximum amount which may be charged to the tariff guarantee account per contest shall be equal to the difference between the remuneration actually received and the remuneration which would have been paid to it in accordance with the tariff of the administration. (a) a bankruptcy, after deduction of the amounts which would have been due to the customs guarantee account itself; and in any event with the limit of what would result from dividing the total entered into the tariff guarantee account during the period one year, plus the remainder of previous years if any, among the number of administrators entitled to charging from the account.

If the amount of the total remuneration due to the administrators is not covered by the tariff guarantee account for the annual distribution, the maximum amount to be charged by each of them under the account will be the same. proportion representing the total entered into that account on the total outstanding payment.

2. The maximum amount to be charged to the tariff guarantee account shall be entered in the account by the Secretary of the Court within 15 working days following the date of the order declaring the conclusion of the competition by mass insufficiency.

3. Once the amount of the payments under the tariff guarantee account in accordance with the rule in paragraph 1 is determined, the transfer orders to the accounts indicated by the insolvency administration shall be carried out electronically and automatically, by means of the IT application, during the month of January of the year following that in which the right was generated.

4. If the payments were made after the payments were made, the remainder shall be retained to finance the payments for the following year.

Repeal provision.

As many provisions of equal or lower rank are repealed, they are contrary to the provisions of this Law and, specifically, the sixth article. Two of Decree 2766/1967 of 16 November, for which rules on health care and management of medical services in the General System of Social Security, and Royal Decree 1564/1998 of 17 July 1998 regulating the special health care agreement in favour of the Spanish workers engaged in a self-employed activity abroad.

Final disposition first. Amendment of the recast of the Law on the Regulation of Pension Plans and Funds, approved by Royal Legislative Decree 1/2002 of 29 November.

The additional seventh provision of the Recast Text of the Law on the Regulation of Pension Plans and Funds, approved by Royal Legislative Decree 1/2002 of 29 November, is amended as follows:

" Additional provision seventh. Availability of pension plans in the event of a regular housing execution procedure.

During the four-year period since the entry into force of Law 1/2013 of 14 May, measures to strengthen the protection of mortgage debtors, debt restructuring and social rent, exceptionally, Members of the pension scheme may make their consolidated rights effective in the course of the execution procedure on the usual housing of the participant. The conditions and terms in which the consolidated duties may be effective may be regulated in such a way as to be at least the following requirements:

(a) That the participant is engaged in a procedure of enforced judicial, administrative or extrajudicial sale for the performance of obligations, in which it has been agreed to proceed to the disposal of his or her home usual.

b) That the participant does not have other assets, rights or income in sufficient amount to satisfy the entire debt to the execution and to avoid the disposal of the dwelling.

(c) That the net amount of their consolidated rights in the pension plan or plans is sufficient to prevent the disposal of the housing.

The refund of consolidated rights will be made effective at the request of the participant, in a single payment in the amount necessary to avoid the alienation of the dwelling, subject to the tax regime established for the benefits of pension schemes. Reimbursement shall be made within the maximum period of seven working days after the participant has submitted the relevant supporting documentation.

The Government, on a proposal from the Minister of Economy and Competitiveness, will be able to extend the deadline provided for in this provision to request the collection of pension plans in the event of a housing execution procedure. or to establish new periods for this purpose, taking into account the available income needs in the light of the debt situation arising from the circumstances of the economy.

The provisions of this provision shall also apply to the insured persons in the insured pension schemes, business social security schemes and social security insurance schemes referred to in Article 51 of the Law 35/2006 of 28 November of the Tax on the Income of Physical Persons, and in general to the collective insurance that implements pension commitments in which the ownership of the derived rights has been transmitted to the insured persons of the premiums paid by the company as well as the rights corresponding to premiums paid for those ".

Final disposition second. Amendment of Law 35/2003 of 4 November of Collective Investment Institutions.

One. The title of Article 54a and paragraphs 1 and 2 thereof, which shall be amended as follows:

" Article 54a. Conditions for the cross-border management of IICs and for the provision of services in other Member States by management companies authorised in Spain in accordance with Directive 2011 /61/EU of the European Parliament and of the Council of 8 June 2011.

1. The SGIICs authorised in Spain in accordance with Directive 2011 /61/EU of the European Parliament and of the Council of 8 June 2011 may, either directly or through the establishment of a branch, manage IICs established in another State. member provided that the SGIIC is authorised to manage such IIC as well as to provide in another Member State the services referred to in Article 40.1.a) and 40.2 for which it has been authorised.

2. Any manager who intends to manage IICs established in another Member State or to provide the services referred to in paragraph 1 for the first time shall communicate to the National Securities Market Commission the following information:

(a) The Member State in which the IIC is proposed to manage directly or through the establishment of a branch or to provide services referred to in Article 40.1.a) and 40.2 for which it has been authorised, and

(b) a programme of activities indicating, in particular, the services to be proposed or identified by the IICs that it intends to manage. "

Two. The title of Article 55a and paragraphs 1 and 5 thereof are amended as follows:

" Article 55a. Conditions for the management of Spanish IICs and for the provision of services in Spain by management companies governed by Directive 2011 /61/EU of the European Parliament and of the Council of 8 June 2011 and authorised in another Member State the European Union.

1. Any management company authorised in a Member State of the European Union under Directive 2011 /61/EU, of the European Parliament and of the Council of 8 June 2011, may manage IIC as well as provide services in Spain, either directly or directly. by the establishment of a branch, provided that the manager is authorised by that Member State to manage that type of IIC or to provide those services.

5. The National Securities Market Commission shall without delay inform the competent authorities of the Member State of origin of the management company of any problems identified which may materially affect the capacity of the management company to properly comply with its statutory or regulatory obligations, which have an impact on the supervisory area of the National Securities Market Commission. "

Final disposition third. Amendment of Law 47/2003 of 26 November, General Budget.

Article 111 (3) of Law 47/2003 of 26 November, General Budget is worded as follows:

" 3. The bodies and entities of the state public sector, with the exception of the Institute of Official Credit, shall be subject to the principles of financial prudence to be established by the Government's Delegation for Economic Affairs. The principles to be laid down for entities and bodies other than listed companies of the State whose shares are subject to trading on an official secondary stock market shall at least be referred to as the maximum limits. of the financial cost to which such credit operations may be subscribed, as well as the limitations on the use of financial derivatives. '

Final disposition fourth. Amendment of Law 59/2003 of 19 December, electronic signature.

Law 59/2003 of 19 December, electronic signature, is amended as follows:

One. Article 3 (2) is worded as follows:

" 2. The advanced electronic signature is the electronic signature that allows the signatory to be identified and to detect any subsequent changes to the signed data, which is linked to the signatory in a unique way and to the data to which it refers and which has been created by means that the signer can use, with a high level of trust, under its exclusive control. "

Two. Article 6 (2) is worded as follows:

" 2. The signer is the person who uses a signature creation device and acts on its own behalf or on behalf of a natural or legal person to whom it represents. "

Three. Article 7 (2) is worded as follows:

" 2. The custody of the signature creation data associated with each electronic certificate of legal person or, where appropriate, the means of access to them shall be the responsibility of the applicant physical person, whose identification shall be included in the electronic certificate. "

Four. Article 12 (c) is worded as follows:

"c) Ensure that the signer has sole control over the use of the signature creation data corresponding to the verification data contained in the certificate."

Five. Article 18 (a) is worded as follows:

" (a) Do not store or copy, by itself or through a third party, the signature creation data of the person to whom they have provided their services, except in the case of their management on behalf of the signatory. In this case, appropriate technical and organisational procedures and mechanisms shall be applied to ensure that the signatory exclusively controls the use of his signature creation data.

Only certification service providers that issue recognized certificates will be able to manage the electronic signature creation data on behalf of the signer. To do this, they will be able to back up the signature creation data as long as the security of the duplicate data is at the same level as the original data and the number of duplicate data does not exceed the minimum required for ensure continuity of service. They will not be able to duplicate the signature creation data for any other purpose ".

Six. Point 1 (b) of Article 18 is worded as follows:

" 1. The signatory's obligations, the way in which the signature creation data is to be safeguarded, the procedure to be followed to communicate the loss or possible misuse of such data, or, where appropriate, the the means that protect them, as well as information on the electronic signature creation and verification devices that are compatible with the signature data and the certificate issued. '

Seven. Article 20 (1) (e) is worded as follows:

" e) Take action against the falsification of certificates and, in the event that the certification service provider generates signature creation data, ensure its confidentiality during the generation process and its (a) the person who is a member of the If the service provider manages the signature creation data on behalf of the signatory, it shall protect and protect them against any alteration, destruction or unauthorised access, as well as ensure their continued availability to the signatory. signer. "

Eight. Article 23 (1) (c) and (d) shall be worded as follows:

" (c) Denial in the preservation of its signature creation data, in the assurance of its confidentiality and in the protection of any access or disclosure of these or, where appropriate, the means of access to them.

(d) Not to request the suspension or revocation of the electronic certificate in case of doubt as to the maintenance of the confidentiality of its signature creation data or, where appropriate, of the means giving access to them. "

Nine. A paragraph 5 is added to Article 29 with the following content:

" 5. Testing may be required in laboratories or specialised entities to demonstrate compliance with certain requirements. In this case, the service providers shall bear the costs incurred in this assessment. "

Final disposition fifth. Amendment of Royal Decree 8/2008 of 11 January, which regulates the provision for reasons of need in favour of Spanish residents abroad and returnees.

Article 26 of Royal Decree 8/2008 of 11 January 2008, which regulates the provision for reasons of need in favour of Spanish residents abroad and returnees, is amended as follows:

" Article 26. Health care for returned Spanish nationals and for Spanish workers and pensioners of origin residing abroad temporarily displaced to the national territory and for the relatives of the former who are established with or accompany them.

1. Spaniards of origin residing abroad who return to Spain as well as the employed and self-employed and Spanish pensioners of origin residing abroad on their temporary displacements to our country shall be entitled to health care where, in accordance with the provisions of the Spanish Social Security legislation, those of the State of origin or the International Social Security Standards or Conventions established for that purpose, have been provided with this coverage.

2. The relatives of the returned Spaniards of origin who are established with them in Spain, and those of the pensioners and employed and self-employed Spaniards of origin, residing abroad, who accompany them in their temporary displacements to Spain, will also be entitled to health care in Spain, through the National Health System, when, in accordance with the provisions of Spanish Social Security, those of the State of origin or the rules o International Social Security Conventions established for this purpose, these family members do not have provided for this coverage.

For the purposes indicated, they shall be understood to be family members entitled to health care:

The spouse of the persons referred to in paragraph 1 or who coexists with them with a relationship of affectivity analogous to the spousal, constituting a couple in fact.

The descendants of the persons referred to in paragraph 1 or those of their spouse or those of their partner in fact, who are in charge of those persons and are less than 26 years of age or older with a disability recognized in a degree equal to or greater than 65 percent.

3. The recognition of the right to health care in all these cases corresponds to the National Social Security Institute, which will issue the document proving the right. This right shall be retained until the beneficiary meets the requirements laid down to obtain it in accordance with the provisions of the Spanish Social Security, the State of provenance or the International Security Conventions. Social.

The returned Spaniards of origin will justify their condition through the presentation of the consular leave in the country of residence and the certificate of registration in the municipality where they have established their residence in our country. country. "

Final disposition sixth. Amendment of Law 32/2010 of 5 August establishing a specific system of protection for the cessation of the activity of self-employed workers.

Article 7 (1) of Law 32/2010 of 5 August 2010 establishing a specific system of protection for the cessation of the activity of self-employed workers is amended, which is worded as follows: terms:

" 1. Self-employed workers who fulfil the conditions laid down in Article 4 must apply to the same Social Security Contributor to whom the recognition of the right to protection by the end of the year is adhered to. activity.

In respect of self-employed persons who are not attached to a Mutua, it shall apply the provisions of the fourth additional provision.

Such recognition shall mean the right to benefit from the corresponding economic benefit, from the first day of the month immediately following that in which the event causing the cessation of activity occurred. Where the economically dependent self-employed worker has completed his/her relationship with the principal client, in order to be entitled to the benefit of the benefit, he/she shall not be able to engage with other clients from the day on which he/she starts recovery. benefit. "

Final disposition seventh. Amendment of the recast of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November.

Article 327 of the recast of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, is worded as follows:

" Article 327. Competence and effects of entries in the Official Records of tenderers and classified enterprises.

1. The Autonomous Communities may set up their own Official Records of tenderers and classified undertakings, in which the conditions of aptitude of the employers who so request shall be entered, which have been classified by them, or which have incurred any prohibition on hiring the declaration of which corresponds to the same or to the Local Entities within its territorial scope.

2. The competent bodies of the Autonomous Communities which choose not to take their own independent register of tenderers and classified undertakings shall practise in the Official Register of Tenderers And Classified Undertakings of the Public Sector. (a) to be registered as a trade-in of the prohibitions on the contract referred to in the preceding paragraph. The other entries referred to in that paragraph may also be applied in that Register where they relate to entrepreneurs domiciled in their territorial scope and are requested by the person concerned.

3. The practice of registration in the Official Register of Tenderers And Classified Enterprises of the Public Sector by the competent bodies of the Autonomous Communities will require the prior subscription of an agreement to that effect with the Ministry of Finance and Public Administrations.

4. Both the entries in the Official Register of Tenderers And Classified Undertakings of the Public Sector by the Autonomous Communities pursuant to paragraphs 2 and 3 of this Article, such as those carried out by the organs of The Advisory Board of Administrative Contracting of the State shall have, without distinction, the same accrediting and full effectiveness in relation to all contracting authorities in the Public Sector. "

Final disposition octave. Amendment of Law 13/2011, of May 27, of regulation of the game.

A new transitional provision, fourth bis, is introduced in Law 13/2011, of 27 May, of regulation of the game, in relation to the sanctioning regime applicable to the points of sale under administrative regime of the Society State Lotteries and State Bets.

" Transitional provision fourth bis. Sanctioning regime applicable to points of sale under administrative regime of the State Lotteries and Gambling Society.

One.

1. The present system of administrative penalties and infringements shall apply to points of sale which are covered by the system of administrative law.

2. It is the administrative infringement of the owners of the sales outlets of the commercial network of the State Lotteries and Stays of the State the actions or omissions established in this provision, which will be punishable even by way of simple negligence.

3. The infringements and penalties provided for in this provision may be specified in the provisions of the regulations implementing it, in accordance with the terms laid down in Article 129 of Law No 30/1992 of 26 November 1992. Public administrations and the Common Administrative Procedure.

4. The holders of the points of sale who carry out the actions or omissions made in this provision shall be the subject of infringement. They shall also be responsible for the actions or omissions made in this provision when they are carried out by their employees or collaborators.

Two.

The competence to exercise the sanctioning power regulated in this provision corresponds to the Director General of the Management of the Game.

Three.

1. The sanctioning procedure shall be in accordance with the rules of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, and on the Royal Decree 1398/1993 of 4 August 1998 on the the Rules of Procedure for the exercise of sanctioning powers, without prejudice to the specific rules laid down in this provision.

2. Where a sanctioning procedure has been initiated, the General Directorate for the Management of the Game may agree, upon a suitably reasoned request from the State Lotteries and Gambling Society, among others, or some of the The following provisional measures:

Temporary closure of the point of sale.

Disconnect, seal or withdrawal, if any, of any good or documentation relating to the development of the point of sale activity, including, but not limited to, computer equipment or equipment, amounts in cash, we say or pay the National Lottery or other titles to the bearer managed at the point of sale.

3. The measures referred to in the preceding paragraph may be agreed, in accordance with the provisions laid down therein, before the initiation of the sanctioning procedure, under the conditions laid down in Article 72.2 of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure.

4. If any of the measures provided for in paragraph 2 are adopted, the Directorate-General for the Management of the Game shall agree to its implementation, in order to obtain the collaboration of the State Lotteries and Gambling Society, whose staff be accompanied by an official of the Ministry of Finance and Public Administrations, which shall be of a public authority, for the purpose of bringing the relevant act of action into line.

5. Executed the measure, the State Lotteries and Gambling Society will communicate that circumstance to the General Management of the Game.

Four.

1. The administrative violations in which the owners of the retail outlets of the State Lotteries and Gambling Society's commercial network may incur are classified as minor, serious and very serious.

2. They are minor infractions:

(a) The unjustified absence of the holder, repeatedly, at the point of sale.

b) The lack of order, toilet or conservation of the establishment where the point of sale is radiating.

(c) Not to display in a visible place of the point of sale the flag announcer, elements of the corporate image, propaganda, advertising, leaflets and other required elements or documents, or to display them without complying with the rules or specific instructions.

d) False due respect and consideration to the point of sale users.

e) Non-compliance with regulations and instructions on point-of-sale management, where it does not constitute a serious or very serious infringement.

3. These are serious violations:

(a) The resistance, disobedience or obstruction to the performance of the inspection services of the State Lotteries and Gambling Society.

b) Carry out reforms in the establishment where they radiating the point of sale without the prior authorisation, when they involve modification of the characteristics which served as the basis for their award.

(c) Develop at the point of sale any other activity other than the provision of the point of sale services and, in the case of mixed establishments, any other activity other than the main activity authorized, except prior written consent of the State Lotteries and Gambling Society.

d) Loss, deterioration or impairment of the assets of the State-owned Lotteries and State-owned assets for the use of the holders of the points of sale in the exercise of their activity, as well as to use them for use other than its function, except in the case of computer equipment or equipment.

e) Conduct promotional or advertising activities by any means of the point of sale or games and bets contravening the specific rules or instructions or without the authorization of the State Lotteries and State bets.

(f) The undue payment or the total or partial default of prizes when it does not constitute a very serious infringement.

g) The recidivism by the commission of two or more minor infractions within two years from the sanction by firm resolution on the administrative path of the first one.

(h) Failure to comply with the rules and instructions on the management of points of sale or the obligations imposed on the enabling title for the exercise of the activity, where injury is caused to the State Lotteries and State or third party bets.

4. They constitute very serious infringements:

(a) The undue payment or the total or partial default of prizes when serious injury is caused to the State Lotteries and Gambling Society of the State or to third parties.

b) The lack of income in the State Lotteries and Gambling Society of the amounts collected for sale of games and bets.

c) The removal of funds received for payment of prizes or their application to uses other than their function.

d) The assignment of commissions by the holders of the points of sale.

e) Abandonment of the exercise of the provision of point of sale services or, where appropriate, of the authorised principal activity.

f) The transfer of the ownership of the point of sale without the corresponding authorisation or the transfer of its use by any title.

g) The transfer of the point of sale or the IT elements of the point of sale without the corresponding authorization.

h) The provision of false information or documentation to the Administration.

i) The sale of National Lottery shares and tickets in a different form to that which are or may be authorised.

(j) The loss, deterioration or impairment of the computer equipment or devices of the State Lotteries and Gambling Society, which are transferred to the holders of the sales outlets in the course of their business, as well as target them for use other than their function.

(k) The non-constitution of endorsements, sureties and other enforceable guarantees or their constitution without being subject to the conditions laid down by the State Lotteries and Gambling Society.

(l) The serious and repeated non-compliance with the rules and instructions on the management of points of sale or the obligations imposed on the enabling title for the exercise of the activity, where the Company is caused injury State Lotteries and Gambling of the State or third parties.

ll) The recidivism by the commission of two or more serious infractions within two years from the sanction by firm resolution on the administrative path of the first one.

Five.

The administrative violations regulated in this provision shall be sanctioned as follows:

(a) One or more of the following penalties shall be imposed by the Commission for minor infringements: written warning. Fine of up to 600 euros.

(b) One or more of the following penalties shall be imposed by the commission of serious infringements:

I. Fine from 601 euros to 6,000 euros.

II. Suspension for a maximum period of three months of the exercise of the authorised activity.

c) One or more of the following penalties shall be imposed by the commission of very serious infringements:

I. Fine from 6,001 euros to 60,000 euros.

Il. Suspension for a maximum period of six months of the exercise of the authorised activity.

III. Revocation of the concession or authorisation of the point of sale holder.

Six.

The penalties provided for in the previous paragraph shall be graduated taking into account the following criteria:

a) The reiteration in the commission of violations.

b) The intentionality of the offending subject.

c) The economic, commercial and social significance of the infringement.

d) The recidivism by the commission of violations of the same nature, when it has been declared by firm resolution.

e) The damage to the image of the State Lotteries and Gambling Society of the State.

Seven.

The infringements and penalties provided for in this provision shall be prescribed in accordance with the provisions of Article 132 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Rules of Procedure Common Administrative.

Eight.

The system of remedies against the penalty decisions that are given in the framework of this provision will be that laid down in Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure. "

Final disposition ninth. Amendment of Royal Decree 1192/2012 of 3 August, which regulates the condition of insured persons and beneficiaries for the purpose of health care in Spain, from public funds, through the National Health System.

Royal Decree 1192/2012 of 3 August, which regulates the condition of insured persons and beneficiaries for the purposes of health care in Spain, from public funds, through the National Health System, is modified as follows:

One. New wording is given to Article 5 in the following terms:

" Article 5. Trade recognition of the condition of the insured or of the beneficiary.

1. The ex officio recognition of the insured person's condition shall be done automatically, after verification of compliance with the requirements laid down in Article 2, in the case of:

(a) Persons referred to in Article 2.1.a).

(b) Persons falling within the meaning of Article 2 (2) (b) to cease to comply with any of the conditions laid down in Article 2.1.a) or in Article 3.1.c).

c) Children under administrative supervision for the majority of age.

2. The condition of the beneficiary as a descendant of an insured person shall be automatically restored, automatically, where that condition has been interrupted by the passing of that person to be understood as insured in Article 2.1.a. Subsequently, they are still under 26 years of age. "

Two. New wording is given to Article 6 in the following terms:

" Article 6. Recognition of the status of insured person or beneficiary upon request of the person concerned.

1. Recognition of the condition of insured persons referred to in Article 2.1.b) and of the beneficiary referred to in Article 3 shall be made at the request of the person concerned in the cases not provided for in paragraphs 1 (b) and 2 of the Article 5.

2. The application for recognition of the insured person's condition shall be accompanied by the following documentation, as the case may be:

a) In the case of Spanish citizens, the national identity document in force.

b) In the case of persons who do not have Spanish nationality:

1. National ID or passport in force, and certificate of registration in the Central Register of Foreigners for citizens of the Member States of the European Union, other States party to the Agreement on the European Economic Area or Switzerland.

2. National identity card or passport in force, and family residence card for citizens of the European Union for family members of citizens of the Member States of the European Union, other states party to the Agreement on the European Economic Area or Switzerland.

3. For other persons who do not have Spanish nationality, passport in force and Foreign Identity Card that accredits the ownership of an authorization to reside in Spain or, in case of no obligation to obtain the said Card, the authorization to reside in Spain in which the corresponding Foreign Identity Number is recorded.

c) Certificate of registration in the applicant's municipality of residence.

d) In the case of persons who are not taxpayers of the Income Tax of the Physical Persons, a statement responsible for not exceeding the income limit provided for in Article 2.1.b), accompanied, for those persons who do not have Spanish nationality, of a certificate issued by the tax administration of the State in which they have had their last residence accredited not to exceed the said limit of income in respect of the declaration (a) a tax equivalent to a tax on the income of the physical persons. Notwithstanding the foregoing, stateless persons shall not be required to present the latter certificate.

(e) Declaration responsible for not having compulsory coverage of the health provision by another means, accompanied, where appropriate, by a certificate issued by the competent institution in the field of Social Security or assistance health of the country of origin of the person concerned that the right to the provision of health care in Spain does not apply. Notwithstanding the foregoing, stateless persons shall not be required to present the latter certificate.

f) Resolution of the declaration of distress in the case of minors subject to administrative protection.

It will not be necessary to provide the documents referred to in paragraphs (a) and (c) above where the interested parties give their consent so that the data of identity, domicile and residence can be consulted by the administration through the Identity and Residence Data Verification Systems.

3. The application for recognition of the status of a beneficiary shall be accompanied, in addition to the documents provided for in paragraphs (a), (b) and (c) of the preceding paragraph, of the following documentation, as the case may be:

a) Family book or marriage registration certificate to credit the insured person's spouse status.

b) Certification of the registration in any of the existing public records or, failing that, the corresponding public document to prove the existence of a couple in fact.

(c) Proof of the status of ex-spouse or of the legal separation of the insured person, as well as of the right to receive a compensatory pension from the insured person.

d) A family or birth certificate to prove the status of a descendant of the insured person or of his or her spouse, ex-spouse or partner in fact and, in addition, the certificate of recognition of the degree of disability for those who, being older than 26, have a disability in grade equal to or greater than 65 per cent.

(e) Proof of the guardianship or coresponsibility agreed by the competent authority to prove the status of a child legally held or received by the insured person, by his or her spouse, ex-spouse or partner of done.

f) Family or equivalent document to credit the insured person's sister or sibling condition.

g) Statement responsible for not having annual income exceeding twice the amount of the Public Multiple Effects Income Indicator (IPREM), also in annual computation.

It will not be necessary to provide the documents referred to in paragraphs (a) and (c) of paragraph 2 where the interested parties give their consent so that the data of identity, domicile and residence can be consulted by the administration through the Identity and Residence Data Verification Systems.

4. The corresponding provincial directorate of the National Social Security Institute or, where appropriate, of the Social Institute of the Navy, shall give express resolution and shall notify within 30 days, from the day following the receipt of the application, recognition or refusal of the status of insured person or beneficiary in the cases referred to in this Article.

After the 30-day period referred to in the preceding paragraph without the express and notified resolution, the application shall be deemed to be rejected in accordance with paragraph 3 of the provision. Twenty-fifth additional text of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

Resolutions, expressed or presumed, issued by the managing body shall be enforceable in the manner provided for in Article 71 of Law 36/2011 of 10 October, regulating social jurisdiction. "

Three. New wording is given to the additional first provision, which remains as follows:

" Additional disposition first. Health care for Spanish returnees and residents abroad temporarily displaced to Spain and for the family members of the former who settle with them or accompany them.

Health care, through the National Health System, for Spaniards of origin residing abroad who return to Spain, as well as for their relatives who settle with them, and healthcare for the employed and self-employed persons and pensioners, Spaniards of origin, residents abroad, on their temporary displacements to Spain, as well as the family members accompanying them, shall be governed by the provisions of Law 40/2006, of 14 December, on the Statute for Spanish citizenship abroad, and on the Royal Decree  88/2008 of 11 January 2008 governing the provision for reasons of necessity in favour of Spanish residents abroad and returnees, when, in accordance with the provisions of Spanish Social Security, those of the State of origin or of the International Social Security standards or conventions established for this purpose do not have this coverage provided for. "

Final disposition tenth. Amendment of Law 13/2013 of 2 August promoting the integration of cooperatives and other associative entities of the agri-food character.

Law 13/2013 of 2 August, promoting the integration of cooperatives and other associations of agricultural and food character, is amended as follows:

One. A new final paragraph is included in the Preamble, with the following wording:

" Finally, it is appropriate to adapt the text of this Law to the content of the judgment of the Constitutional Court 85/2015 of 30 April 2015 in relation to the appeal of unconstitutionality number 6228-2013, by the Generalitat of Catalonia, facilitating the participation of the Autonomous Communities in the recognition procedure, through their consultation, reporting on modifications and simplifying the National Register of Associative Entities Priorities. "

Two. Article 3 (2), which is amended as follows, is amended as follows:

" 2. At the request of the entity concerned, the Ministry of Agriculture, Food and the Environment shall recognize the priority associative entity, after consulting the Autonomous Communities concerned by its nature. supra-autonomic. "

Three. A paragraph 4 is inserted in Article 3, which is worded as follows:

" 4. Those responsible for the priority associative entities shall be obliged to inform the Ministry of any changes which may affect their status as a priority when they occur, as well as to the Autonomous Communities affected by their nature. supra-autonomic. In addition, on an annual basis, they will update the list of producers who are part of them. "

Four. Article 5 (1), which is amended as follows, is amended as follows:

" 1. The Ministry of Agriculture, Food and the Environment is hereby set up to provide information to the Directorate-General of the Food Industry, a National Register of Priority Associative Entities, in which the entities of this nature recognised in accordance with the provisions of this Law and its implementing regulation. "

Five. Article 5 (3), (4) and (5) are deleted.

Final disposition eleventh. Amendment of Law 14/2013 of 27 September, supporting entrepreneurs and their internationalisation.

Law 14/2013 of 27 September, supporting entrepreneurs and their internationalization is amended as follows:

One. Article 62 (4) is worded as follows:

" 4. The spouse or person with a similar relationship of affectivity, the children under age or older who, depending economically on the holder, have not themselves constituted a family unit and the ascendants in charge, who meet or accompany them. Foreign nationals listed in Article 61 (1) may apply for the authorisation and, where appropriate, the visa, at the same time or at the same time. Compliance with the requirements laid down in the previous paragraph shall be established for this purpose. "

Two. Article 63 is worded as follows:

" Article 63. Residence visa for investors.

1. Non-resident foreigners who intend to enter Spanish territory in order to make a significant investment of capital may apply for a stay visa, or if applicable, a residence for investors that will last for a period of time. year.

2. A significant investment of capital shall be understood to comply with any of the following assumptions:

a) An initial investment by a value equal to or greater than:

1. º 2 million euros in Spanish public debt securities, or

2. º 1 million euros in shares or social holdings of Spanish capital companies with a real business activity, or

3. EUR 1 million in investment funds, closed-ended investment funds or venture capital funds set up in Spain, falling within the scope of Law 35/2003 of 4 November of the European Communities Collective investment, or of Law 22/2014 of 12 November 2014, governing the provision of capital-risk institutions, other closed-rate collective investment entities and the management companies of collective investment entities of a closed type, and amending Law 35/2003 of 4 November, or

4. º 1 million euros in bank deposits in Spanish financial institutions.

b) The acquisition of real estate in Spain with an investment of equal to or greater than EUR 500,000 for each applicant.

(c) A business project that is to be developed in Spain and which is considered and accredited as being of general interest, for which the fulfilment of at least one of the following conditions will be assessed:

1. Job Creation.

2. º Realization of an investment with a socioeconomic impact of relevance in the geographical area in which the activity is to be developed.

3. A relevant contribution to scientific and/or technological innovation.

You will be able to obtain a residence visa for investors a representative, appointed by the investor and duly accredited, for the management of a project of general interest as long as the project meets some of the conditions listed in point (c).

3. It shall also be understood that the foreign visa applicant has made a significant investment of capital when the investment is made by a legal person, domiciled in a territory which does not have a tax-haven consideration. in accordance with Spanish law, and the foreign national has, directly or indirectly, the majority of his voting rights and has the power to appoint or remove the majority of the members of his or her administrative body.

4. If the investment is carried out by a marriage on a ganancial or similar basis and the amount does not amount to at least twice the thresholds laid down in paragraph 2 (a) and (b), it shall be deemed to have been made by one of the spouses, the other spouse being able to apply for a residence visa as a family member on the terms laid down in Article 62.4. "

Three. Article 64 is worded as follows:

" Article 64. Form of investment accreditation.

For the granting of the residence visa for investors the following requirements must be met:

(a) In the case referred to in Article 63 (2) (a), the applicant must prove that he has made the investment in the required minimum quantity, within a period not exceeding one year of the presentation of the request, as follows:

1. In the case of investment in unlisted shares or social units, the copy of the investment declaration made in the Foreign Investment Register of the Ministry of Economy and Competitiveness.

2. In the case of investment in listed shares, a certificate from the financial intermediary, duly registered with the National Securities Market Commission or the Banco de España, shall be filed, stating that the interested has made the investment for the purpose of this rule.

3. In the case of investment in public debt, a certificate of the financial institution or the Banco de España shall be presented stating that the applicant is the sole holder of the investment for a period of equal or higher 5 years.

4. In the case of investment in investment funds, closed-ended investment funds or venture capital funds constituted in Spain, a certificate of the management company of the fund, incorporated in Spain, will be presented, duly registered with the National Securities Market Commission, stating that the data subject has made an investment of at least one million euro in a fund or funds under its management.

5. In the case of investment in the bank deposit, a certificate of the financial institution shall be presented in which the applicant is the sole holder of the bank deposit.

b) In the case provided for in Article 63 (2) (b), the applicant must prove that he has acquired the ownership of the immovable property by means of certification of the domain and charges of the Land Registry which corresponds to the building or buildings. Certification may include an electronic verification code for your online consultation. This certification shall include the amount of the acquisition; otherwise, it shall be credited by the contribution of the corresponding public deed.

If at the time of the application of the visa, the acquisition of the real estate will be in the process of registration in the Registry of the Property, it will be sufficient the presentation of the aforementioned certification in which it is valid the seat of presentation of the acquisition document, accompanied by documentation supporting the payment of the corresponding taxes.

The applicant must credit an investment in real estate of EUR 500,000 free of all charges or charges. The part of the investment exceeding the amount required may be subject to charge or charge.

If the foreigner has not formalized the purchase of the real estate or real estate but there is a pre-contract with guarantee in its compliance by means of arras or other means admitted in formalized right in public deed, it must present together with the fulfilment of the requirements referred to in Article 62.3, the pre-contract with a guarantee together with a certificate from a financial institution established in Spain where the applicant has a bank deposit unavailable with the amount necessary for the acquisition, fulfilling the contract, of the property or buildings indicated, including charges and taxes. The amount of the deposit may be used only for the final purchase of the real estate or property indicated in the pre-contract with guarantee. In this case, the person concerned will receive a residence visa for investors with a maximum duration of 6 months.

If the effective purchase of the listed real estate or real estate is credited, the data subject may apply for a one-year investor residence visa or a residence permit for investors in accordance with the Article 66.

(c) In the case referred to in Article 63 (2) (c), a favourable report must be submitted in order to verify that the business project presented is of general interest. The report shall come from the Economic and Trade Office of the geographical demarcation area where the investor submits the visa application.

If the investor appoints a representative for the management of the business project and in order for the investor to obtain the investor residence visa, the Economic and Trade Office report shall be assessed together with the requirements set out in Article 63.2.c) the need for such a representative to be involved in the proper management of the business project.

The representative must accredit to the Consular Office that meets the requirements set out in Article 62.3 of this Law.

d) In the case referred to in Article 63 (3), a favourable report from the Economic and Trade Office of the geographical demarcation area where the investor submits the application for the visa. "

Four. Article 65 is worded as follows:

" Article 65. Effects of the residence visa for investors.

The granting of the residence visa for investors will constitute sufficient title to reside and work in Spain during its lifetime. "

Five. Article 66 is worded as follows:

" Article 66. Residence permit for investors.

1. Foreign investors who make a significant investment of capital may apply for a residence permit for investors, which will be valid throughout the national territory. The concession will be the responsibility of the Directorate General of Migration and its processing will be carried out by the Unit of Large Enterprises and Strategic Collective.

You may obtain a residence permit for investors, a representative appointed by the investor, and duly accredited, for the management of a project as long as the project meets any of the listed conditions. Article 63.2.c).

2. If the applicant for the residence permit is holder of a residence visa for investors in force or is within the period of 90 calendar days after the expiry of the visa, he shall, in addition to the compliance with the general requirements set out in Article 62, the following requirements:

(a) In the case referred to in Article 63 (2) (a), the investor shall demonstrate that he has maintained the investment of a value equal to or greater than the required minimum quantity:

1. In the case of non-listed shares or social units, a notarial certificate must be provided to show that the investor has maintained the ownership of the shares during the previous reference period. (i) listed in the first paragraph of Article 1 (1) (a); The certificate must be dated within 30 days prior to the submission of the application.

2. In the case of investment in listed shares, a certificate of a financial institution must be submitted, stating that the person concerned has maintained at least one million euros in value on average shares from the date of obtaining the residence visa for investors. The certificate must be dated within 30 days prior to the submission of the application.

3. In the case of investment in debt securities, a certificate must be presented by a financial institution or the Banco de España in which the maintenance, or extension, is verified from the date of obtaining the residence visa for investors, the number of public debt securities acquired by the investor at the time when the investor made the initial investment. The certificate must be dated within 30 days prior to the submission of the application.

4. In the case of investment in investment funds, closed-ended investment funds or venture capital funds constituted in Spain, a certificate of the management company of the fund, consisting of Spain, duly registered with the National Securities Market Commission, in which the person concerned has maintained, from the date of obtaining the residence visa for investors, at least, in average, one million euros invested in a fund or funds under its management. The certificate must be dated within 30 days prior to the submission of the application.

5. In the case of investment in bank deposit, a certificate of the financial institution must be presented to verify that the investor has maintained, or expanded, his deposit from the date of obtaining the residence visa for investors. The certificate must be dated within 30 days prior to the submission of the application.

(b) In the case referred to in Article 63 (2) (b), the applicant shall demonstrate that the investor is the owner of the property or immovable property for the minimum quantity required in that Article. To do so, you must provide the certificate or certificates of domain and charges from the Registry of the Property that corresponds to the real estate or property and must be dated within 90 days prior to the filing of the application.

If the applicant is in possession of a residence visa for investors of 6 months, he/she must prove that he has effectively acquired the property or property indicated by the relevant documentation.

c) In the case referred to in Article 63 (2) (c), a favourable report must be submitted by the Directorate-General for International Trade and Investments of the Ministry of Economy and Competitiveness for Note that the reasons of general interest are initially maintained.

(d) In the case provided for in Article 63 (3), a favourable report must be submitted by the Directorate-General for International Trade and Investments of the Ministry of Economy and Competitiveness to verify that the Verified elements at the time of the granting of the visa are maintained.

e) Compliance with the obligations in tax and social security matters.

3. If the applicant for the residence permit for investors is legally in Spain and is not the holder of the residence visa for investors, he must prove, in addition to compliance with the general requirements laid down in the Article 62, the realisation of a significant capital investment in accordance with Article 64.

If the investment is carried out by a marriage on a ganancial or analogue basis and the amount does not amount to at least twice the thresholds provided for in Article 63.2 (a) and (b) it shall be deemed to have been made by one of the spouses, the other spouse being able to apply for a residence permit as a family member within the terms laid down in Article 62.4.

In the case of investments in Article 63.2.c), the draft report of general interest shall be carried out by the Directorate-General for International Trade and Investments.

In the case of investments in Article 63.3, the report will come from the Directorate General for International Trade and Investments.

If the foreigner has not formalized the purchase of the real estate or real estate but there is a pre-contract with guarantee in its compliance by means of arras or other means admitted in formalized right in public deed, it must present together with the fulfilment of the requirements referred to in Article 62.3, the pre-contract with a guarantee together with a certificate from a financial institution established in Spain where the applicant has a bank deposit unavailable with the amount necessary for the acquisition, fulfilling the contract, of the property or buildings indicated, including charges and taxes. The amount of the deposit may be used only for the final purchase of the real estate or property indicated in the pre-contract with guarantee. In this case, the person concerned will receive a residence permit for investors with a maximum duration of 6 months.

If the effective purchase of the listed real estate or real estate is credited, the data subject may apply for an investor residence permit. "

Six. Article 67 is worded as follows:

" Article 67. Duration of the residence permit for investors.

1. The initial residence permit for investors shall be for two years without prejudice to Article 66.3 for purchases of non-formalised buildings.

2. Once this deadline has been met, those foreign investors who are interested in residing in Spain for a longer duration may apply for renewal of the residence permit for successive periods of five years, provided that they are maintain the conditions that generated the right.

3. If, during the period of approved residence, the investment is modified, it shall, in any event, be maintained in respect of any of the cases referred to in Article 63. This forecast shall not apply in the case where the change in value is due to market fluctuations. '

Seven. Article 70 is worded as follows:

" Article 70. Definition of entrepreneurial and entrepreneurial activity.

1. An entrepreneurial activity which is of an innovative nature with a special economic interest for Spain and for that purpose has a favourable report issued by the Economic and Trade Office of the geographical demarcation area or by the Directorate-General for International Trade and Investments.

In the case of foreigners who are legally in Spain, the application will be directed to the Unit of Large Enterprises and Strategic Collective that will of trade request report on the entrepreneurial and entrepreneurial activity to the Directorate-General for International Trade and Investments. This report, of a mandatory nature, shall be evacuated within 10 working days.

2. The assessment will take into account, in particular, the creation of jobs in Spain as a matter of priority. It shall also be taken into account:

(a) The professional profile of the applicant, his training and professional experience as well as his involvement in the project. Where there are several partners, the participation of each partner will be assessed, both from those who apply for a visa or authorisation and from those who do not require the same.

b) The business plan with mention, at least, of the following items:

1. Project description: business activity to be developed, start date, location, expected legal form of the company, potential economic impact of the investment, description of the number of posts the work estimated to be able to be created and its functions and qualifications, intended activities of promotion and sales strategy.

2. Product Description or Service: The description will be detailed and will include the innovative aspects.

3. Market Analysis: Market assessment and expected evolution, description of potential competitors, assessment of potential consumers, and analysis of supply and demand.

4. Financing: required investment, sources of financing and financial plan.

c) Value added for the Spanish economy, innovation or investment opportunities. "

Eight. Article 71 is worded as follows:

" Article 71. Highly qualified professionals.

1. They will be able to apply for a residence permit for highly qualified professionals, which will have validity throughout the national territory, companies that require the incorporation into Spanish territory of foreign professionals for the development of an employment or professional relationship included in any of the following assumptions:

(a) Managing or highly qualified personnel, where the undertaking or group of undertakings meets any of the following characteristics:

1. Average number of staff during the three months immediately preceding the submission of the application over 250 workers in Spain, high in the corresponding social security scheme.

2. º Volume of net annual turnover of higher business, in Spain, to 50 million euros; or volume of own funds or net worth higher, in Spain, to 43 million euros.

3. ° Annual average gross investment, from outside, not less than EUR 1 million in the three years immediately preceding the submission of the application.

4. Companies with a value of the investor stock or position according to the latest data from the Foreign Investment Registry of the Ministry of Economy and Competitiveness in excess of 3 million euros.

5. º Pertenancy, in the case of small and medium-sized enterprises established in Spain, to a sector considered strategic accredited by the report of the Directorate General of International Trade and Investments.

The accreditation of the fulfilment of the above requirements will be carried out one time, remaining registered in the Unit of Great Companies and Strategic Collective. Such registration shall be valid for 3 years renewable if the requirements are maintained. Any modification of the conditions must be communicated to the Unit of Large Enterprises and Strategic Collective within 30 days. In case of failure to communicate such modification, the company shall cease to be registered in the Unit.

(b) Senior or highly qualified personnel who are part of a business project that is, alternatively, and provided that the condition alleged on the basis of this assumption is considered and credited as being of general interest the Directorate-General for International Trade and Investments in accordance with one or more of the following conditions:

1. A significant increase in the creation of direct jobs by the company applying for recruitment.

2. Job Maintenance.

3. A significant increase in the creation of jobs in the sector of activity or geographical area in which the work activity is to be developed.

4. An extraordinary investment with socio-economic impact of relevance in the geographical area in which the work activity is to be developed.

5. The concurrency of reasons of interest for the commercial and investment policy of Spain.

6. A relevant contribution to scientific and/or technological innovation.

c) Graduates, post-graduates of prestigious universities and business schools. "

Nine. Article 73 is worded as follows:

" Article 73. Residence authorization per intra-business transfer.

1. Those foreigners who move to Spain in the framework of an employment relationship, professional or vocational training, with a company or group of companies established in Spain or another country must be provided with the corresponding visa in accordance with the duration of the transfer and an authorisation of residence for intra-corporate transfer, which shall be valid throughout the national territory.

2. In addition to the general requirements of Article 62, the following requirements shall be accredited:

a) The existence of a real business activity and, if any, that of the business group.

b) Top or equivalent title or, if applicable, minimum professional experience of 3 years.

c) The existence of a prior and continuous professional or professional relationship of 3 months with one or more of the group's companies.

d) Documentation for the company that credits the shipment.

3. The intra-business move residency authorization will have two modes:

(a) Authorization of residence for intra-business transfer ICT EU: This authorisation will be granted in the event of temporary displacements to work as a manager, specialist or training, from an established company outside the European Union to an entity belonging to the same company or group of companies established in Spain.

For these purposes:

1. Directing, the one who has between his functions the management of the company or of a department or subdivision thereof.

2. Specialist, who has expertise related to the entity's activities, techniques, or management.

3. Training Worker, the one entitled university who is displaced in order to obtain a training in the techniques or methods of the entity and to receive a remuneration for it.

The maximum duration of the transfer will be 3 years in the case of managers or specialists and one in the case of workers in training.

The holders of a valid EU ICT intra-corporate transfer authorisation, issued by Spain, may enter, reside and work in one or more Member States on the basis of prior communication or application for authorisation, in their case, to the authorities of those States in accordance with their rules pursuant to Directive 2014 /66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-party nationals countries in the intra-business move framework.

Entities established in other Member States of the Union may move to Spain, after communication to the Large Enterprise and Strategic Collective Unit, to foreign nationals holding a transfer authorisation. EU ICT business during the validity of such authorisation. The Directorate-General for Migration may object, in a reasoned manner, to mobility within 20 days in the following cases:

i) When the conditions provided for in this article are not met.

(ii) Where the documents filed have been fraudulently acquired, or have been falsified or manipulated.

iii) When the maximum length of the move has elapsed.

In case of opposition from the Directorate General of Migration, the first State will allow the reentry without further formalities from the displaced foreigner and his family. If the movement to Spain has not yet been produced, the decision rejecting it shall prevent the movement.

b) National authorization of residence for intra-corporate transfer. This authorisation shall be carried out in the cases not referred to in point (a) or after the maximum duration of the shipment referred to in the previous paragraph has elapsed. '

Ten. Article 74 is worded as follows:

" Article 74. Intra-corporate transfers of professional groups and simplified procedure.

1. Undertakings or groups of undertakings which comply with the requirements laid down in Article 71.1 (a) may apply for the collective processing of authorisations which shall be based on the planned management of a temporary quota of authorisations submitted by the company or groups of undertakings.

2. Undertakings or groups of undertakings which comply with the requirements laid down in Article 71.1 (a) may apply for registration in the Unit of Large Enterprises and Strategic Collective. The registration will be valid for 3 years if the requirements are maintained. Any modification of the conditions must be communicated to the Unit of Large Enterprises and Strategic Collective within 30 days. In case of failure to communicate such modification, the undertaking or group of undertakings shall cease to be registered in the Unit.

The registered companies shall be exempt from accrediting, at the time of the application, the requirements laid down in Article 73.2.a), b) and c). However, the Administration may carry out ex officio checks on compliance with these requirements for which the entity must have the supporting documentation.

3. This Article shall not apply to undertakings or groups of undertakings which in the three years immediately preceding the application for authorisation shall:

(a) have been sanctioned for serious or very serious immigration and immigration violations.

(b) have not accredited compliance with the requirements in the ex officio checks carried out by the Administration ".

Once. Article 76 is worded as follows:

" Article 76. Authorization procedure.

1. The processing of the residence permits provided for in this section will be carried out by the Unit of Large Enterprises and Strategic Collective, it will provide for the use of telematic means and their concession will correspond to the Directorate General of Migrations.

The maximum time limit for resolution shall be 20 days from the date of submission of the application to the competent body for processing. If it is not resolved within that period, the authorisation shall be deemed to be an administrative silence. The decisions shall be reasoned and may be the subject of an appeal, in accordance with Articles 114 and 115 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and Administrative Procedure Common.

The application for residence permits provided for in this section will extend the duration of the residence or stay situation from which the applicant holds the applicant until the decision of the procedure.

2. Holders of a regulated authorisation in this section may apply for renewal for periods of two years, provided that they maintain the conditions which they have created, without prejudice to Article 67.2. Renewals shall be processed using electronic means. The Directorate-General for Migration may obtain the necessary reports to decide on the maintenance of the conditions which have generated the right.

The submission of the renewal application shall extend the validity of the authorisation until the resolution of the procedure. It shall also be extended in the case where the application is submitted within 90 days after the end of the previous authorisation, without prejudice to the opening, where appropriate, of the relevant sanctioning file. '

Twelve. The additional seventh provision is replaced by the following:

" Additional provision seventh. Maintenance of requirements.

1. Foreign nationals must maintain the conditions under which they have been granted access to them for the duration of the visas or authorizations.

2. Any modification during the residence that affects the conditions of admission must be communicated by the person concerned to the Unit of Large Enterprises and Strategic Collective within 30 days.

3. The competent bodies of the General Administration of the State may carry out the checks they deem appropriate to verify compliance with the legislation in force.

4. If, as provided for in this provision, it is verified that the legally established conditions are not met, the competent body may, in a reasoned manner, terminate the visa or the authorization for the hearing. "

Final disposition twelfth. Amendment of Law 18/2014 of 15 October of approval of urgent measures for growth, competitiveness and efficiency.

Law 18/2014, of 15 October, is amended to approve urgent measures for growth, competitiveness and efficiency, which is worded as follows:

One. Article 88 (d) is amended as follows:

" (d) Young people over the age of 16 and under 25, or under 30 years of age in the case of persons with a degree of disability equal to or greater than 33 percent, who meet the requirements of this Law to benefit of an action derived from the National Youth Guarantee System.

Also, young people over the age of 25 and under 30, who meet the requirements of this Law to benefit from an action derived from the National Youth Guarantee System, until their unemployment rate is set below 20 percent, according to the Active Population Survey for the last quarter of the year. "

Two. Article 97 (c) is amended as follows:

" c) Having more than 16 years and less than 25 years, or less than 30 years in the case of persons with a degree of disability equal to or greater than 33 percent, at the time of applying for registration in the National System File Youth Guarantee.

In addition, those over the age of 25 and under 30 when, at the time of filing for the National Youth Guarantee System file, the unemployment rate of this collective is equal to or greater than 20 percent. "

Three. Article 101 (4) is amended as follows:

" 4. The reduction in the system shall be made on its own initiative if a registered user complies with the applicable age limit at the time of registration in accordance with Article 97.c), and has been previously treated with one of the measures implemented by the user. of the subjects listed in points (a), (b) and (c) of Article 88.

Users enrolled in the system will not be discharged while they are receiving some of the measures or actions provided for in Article 106.

Registered users who have rejected any of the measures implemented in the framework of this system by the referred subjects will automatically cause low to the same when reaching the age provided for in the first paragraph.

Those registered users who, having exceeded the age provided for in the first paragraph, have not been previously served shall remain in the system without causing a discharge. "

Four. An additional twenty-eighth provision is added which is worded as follows:

" Additional provision twenty-eighth. Resolutions on the unemployment rate, applicable to young people over the age of 25 and under 30.

The extension of the maximum age of access to the National Youth Guarantee System provided for in Article 88. (d), and in Article 97.c), shall apply after the publication of the decision giving the Directorate-General with powers to administer the European Social Fund, taking into account the Labour Force Survey for the last quarter of the year. This resolution shall be updated on an annual basis.

The lack of resolution expressed in the first three months of the post-reference exercise will imply the tacit extension of the extension of the scope of the National Youth Guarantee System, except for express against. "

Final disposition thirteenth. Amendment of Law 22/2014 of 12 November 2014 on the regulation of risk capital institutions, other closed-rate collective investment entities and the management companies of collective investment entities of a closed type, and by which Law 35/2003, dated November 4, is amended by Collective Investment Institutions.

One. The title of Article 81 and its paragraphs 1 and 2 are amended as follows:

" Article 81. Conditions for the cross-border management of ECR and EICC and for the provision of services in other Member States by management companies authorised in Spain in accordance with Directive 2011 /61/EU of the European Parliament and of the Council of 8 June 2011.

1. SGEICs authorised in Spain in accordance with Directive 2011 /61/EU of the European Parliament and of the Council of 8 June 2011 may, either directly or through the establishment of a branch, manage ECR and EICC established in another Member State. Member State, provided that the SGEIC is authorised to manage such investment entities as well as to provide in another Member State the services referred to in Article 43.1 for which it has been authorised.

2. Any manager who intends to manage an ECR or EICC established in another Member State or to provide the services referred to in paragraph 1 for the first time shall communicate to the National Securities Market Commission the following information:

(a) The Member State in which it intends to manage the ECR or EICC directly or through the establishment of a branch, or to provide the services referred to in Article 43.1 for which it has been authorised, and

(b) an activity programme indicating, in particular, the services to be proposed or identified by the ECR or EICC that it intends to manage. "

Two. The title of Article 82 and paragraphs 1 and 6 thereof are amended as follows:

" Article 82. Conditions for the management of Spanish ECR and EICC and for the provision of services in Spain by management companies governed by Directive 2011 /61/EU of the European Parliament and of the Council of 8 June 2011 authorised in another Member State of the European Union.

1. Any management company authorised in a Member State of the European Union in accordance with Directive 2011 /61/EU of the European Parliament and of the Council of 8 June 2011 may manage ECR and EICC as well as provide services in Spain, either directly or by the establishment of a branch, provided that it is authorised by that Member State to manage such investment entities or to provide such services.

6. The National Securities Market Commission shall without delay inform the competent authorities of the home Member State of the management company of any detected problems which may materially affect the capacity of the management company to comply with the requirements of the Directive. properly its legal or regulatory obligations, which have an impact on the supervisory area of the National Securities Market Commission. "

Final disposition fourteenth. Amendment of Law 36/2014 of 26 December of General Budget of the State for the year 2015.

The additional tenth-fifth provision of Law 36/2014 of 26 December 2015 on the General Budget of the State for the year 2015 is worded as follows:

" Tenth fifth. Recruitment of personnel from public commercial companies in 2015.

One. In 2015, the public commercial companies referred to in Article 20 (1) of this Law shall not be able to recruit new personnel.

This limitation will not apply in the case of hiring of staff, official or labor, with a pre-existing relationship of a fixed and indefinite nature in the public sector, autonomous or local, in which, respectively, the relevant market company is included. Contracts concluded pursuant to this paragraph shall be entitled to continue to receive, from the date of their conclusion, the supplement of seniority at the same amount as it was received in the Ministerial Department, Public body, society, foundation or consortium of origin.

In exceptional cases only and to meet urgent and undeferred needs, they may be able to make temporary hires.

In addition, public commercial companies that have had profits in the last two years will be able to perform, exclusively for temporary employment consolidation processes, indefinite contracts with a limit of 90 percent. percent of its replacement rate, calculated according to the rules of Article 21.Uno.3 of this Law.

The public companies that at the time of entry into force of this provision, and under the regulations in force until that moment, would have already concluded contracts of an indefinite nature, will apply the provisions in the (a) the above paragraph taking into account that in no case the sum of the contracts concluded before the entry into force of this rule and those concluded under the same rule, may exceed the limit of 90% of its replacement rate, calculated in accordance with the rules of Article 21 (3) of this Law.

Two. In the case of state commercial companies, the indefinite recruitment of staff will require, in any case, in addition to the provisions of paragraph One, a favourable report by the Ministry of Finance and Public Administrations and the shareholder. majority.

In addition, temporary contracting in such companies, taking into account the above mentioned above, shall be made in accordance with the criteria and instructions which, after a favourable report by the Ministry of Finance and Public administrations are dictated by the majority shareholder of the respective companies.

State-owned commercial companies will have to submit to the Ministry of Finance and Public Administrations, together with the request for authorization of the wage bill, information regarding the temporary hiring carried out in the previous exercise, detailing the number of yearlings and their cost.

Three. The provisions of paragraph One of this additional provision are of a basic nature and are dictated by the provisions of Articles 149.1.13 and 156.1 of the Constitution. "

Final disposition fifteenth. Amendment of Law 2/2015, of March 30, of deindexing of the Spanish economy.

One. The fifth paragraph of paragraph ll of the preamble is amended, as follows:

" For its part, Article 3 (2) expressly provides for exclusions from the scope of the Law. First of all, collective bargaining is excluded, as it is expressly recognised as a constitutional right, so that the updating of wages cannot be taken away from what is agreed by the parties; secondly, pensions, which are They are governed by their specific rules. It is noted, on the other hand, that such legislation identifies a pension revaluation index that is based on a broad set of economic variables that ensure the sustainability of the Social Security pension system. Finally, the financial and treasury operations are excluded, so that they have the maximum capacity and flexibility of formats to capture national and international savings at the lowest price, in a context of intense competition for a scarce resource such as savings, and where foreign products are generally not subject to any restrictions in this regard. "

Two. Article 3 (2) is amended as follows:

" 2. Excluded from the scope of this Act are:

a) Collective wage bargaining.

b) The revisions, revaluations or updates provided for in the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, and in the recast of the Law of State Passive Classes, approved by Royal Legislative Decree 670/1987 of April 30, as well as the revisions of the rest of the pensions paid out of the appropriations of Section 07 of the State Expenditure Budget, whichever is the same. regulatory legislation.

(c) Financial and treasury operations, which are set out in Title IV of Law 47/2003 of 26 November, General Budget, in which the State, regional or local public sector is involved. "

Final disposition sixteenth. Amendment of regulatory provisions.

The regulatory standards that are subject to amendment by this Law may be modified in the future by regulatory standards corresponding to the standard in which they are listed.

Final disposition seventeenth. Incorporation of European Union law.

This Law incorporates into Spanish law Directive 2014 /66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of intra-business transfers.

18th final disposition. Amendment by regulatory provision.

Reglamentarily can be modified:

(a) The percentages referred to in Article 34c (1), as amended in Article 1.quarto.four.

(b) The percentage of the 50 per cent provided for in Article 34.2.b), which is amended in Article 1.quarto.one.

Nineteenth final disposition. Competence title.

1. The amendments to legal texts contained in this law are covered by the title of competence set out in the amended standard.

2. Articles 4 and 7 are given in accordance with the provisions of Article 149.1.14. of the Spanish Constitution, which confers on the State jurisdiction in matters of general taxation.

3. Articles 8 and 10 and the second and third transitional provisions are given in accordance with the provisions of Article 149.1.17 of the Spanish Constitution, which confers exclusive competence on the State on the economic system of the Social Security.

4. The first to fifth provisions and the first transitional provision are laid down in accordance with the provisions of Article 149.1.6. of the Constitution, which confers exclusive jurisdiction on the State in matters of commercial and procedural law, without prejudice to the necessary specialities which in this order derive from the particularities of the substantive law of the Autonomous Communities.

5. The sixth additional provision is made under Articles 149.1.7. and 18. of the Spanish Constitution.

Final disposition 20th. Regulatory development, implementation and enforcement.

1. The Government, on a joint proposal from the Ministers of Justice and Finance and Public Administrations, will dictate the additional regulatory provisions necessary for the application of the fees for the exercise of the power of the jurisdictional with the modifications made by this Law.

2. By order of the Minister of Finance and Public Administrations, the models of self-validation of the levy will be modified to adapt them to the reforms carried out in this Law.

3. The Ministry of Finance and Public Administration, through the Secretariat of State of Public Administrations, is authorized to dictate the provisions, instructions and measures necessary for the effective development of the processes. (a) the participation and collective bargaining bodies of public employees in the field of their competence.

4. Without prejudice to the foregoing paragraphs of this provision, the Government and the Ministers of Justice, Finance and Public Administrations, Employment and Social Security and the Economy and Competitiveness are authorised to do so in the field of its powers, dictate the regulatory provisions and measures that are necessary for the development and implementation of this Law.

Final disposition twenty-first. Entry into force.

This Law will enter into force on the day following its publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, July 28, 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY