Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8469
FELIPE VI KING OF SPAIN to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law: PREAMBLE I the Spanish economy takes some months giving encouraging recovery signs and consolidating economic growth which, thanks to the structural reforms carried out in recent years, is having a beneficial effect on employment and the general perception of the situation that citizens have companies and the different institutions.
But this not must carry to forget two things: the first is that it output of it crisis is primarily and especially a success of it society Spanish in your joint, which has given a time more samples of its ample capacity for drop-in is to situations difficult. The second is that there are still many Spaniards who continue to suffer the effects of the recession. And is mission of them powers public not relent never in the effort of offer the best solutions possible to all them citizens, through them timely reforms aimed to the well common, to it security legal and, in definitive, to the justice.
In this area is framed in a very special way called second chance legislation. Its objective not is another that allow what so expressively describes its denomination: that a person physical, despite a failure economic business or personal, have the possibility of track again your life e even of risk is to new initiatives, without have that drag indefinitely a slab of debt that never can meet.
Experience has shown that when there are no mechanisms of second chance produced clear disincentives to undertake new activities and even to stay in circuit to regulate the economy. This not favors obviously to the own debtor, but not to those creditors already are public or private. On the contrary, second chance mechanisms are deterrents in the informal economy and flattering of a corporate culture that will always benefit of employment.
For this purpose it meets the first part of this law, which regulates various mechanisms of improvement of the settlement of payments, introduced in our bankruptcy law by law 14/2013, September 27, in support of entrepreneurs and their internationalization, and introduced an effective mechanism of second chance for individuals to modulate the rigour of the application of article 1911 of the Civil Code. You should explain briefly what are the inspiring principles of the regulation introduced in this regard.
The concept of legal person is one of the most important creations of the right. Consistent fiction in equating an organization of goods and people to the natural person has had important and beneficial effects on legal and economic reality. Through such fiction, the people legal, as the natural, are born, grow and die. In addition, the principle of limitation of liability inherent to certain capital companies is that these can be settled and dissolve (or die in metaphorical sense), extinguishing debts which are unpaid after the liquidation, but its sponsors or partners have to deal with any outstanding debts once liquidated all the assets.
Can say is that the principle of limitation of liability own of them societies of capital is in good measure in the origin of the development economic of the three last centuries. In the background, this principle of limitation of liability has been set as an incentive to the business activity and investment. The lawmaker encouraged commissioning risk of certain capital guaranteeing that such capital would be the maximum loss of the investor, without the possibility of contagion to his personal wealth.
But the limitation of liability is a limitation of liability of the members, that no society, which will have to respond with all its present and future debts. The question that arises then is the last Foundation for the different regime of liability that occurs when a natural person decides to undertake a business activity through an interposed legal person and when the same natural person contracts obligations directly. If in the first case you can benefit from a limitation of liability, in the second it will be subject to the principle of universal liability collected in article 1911 of the Civil Code.
In addition, many situations of insolvency are due to factors that are beyond the control of the debtor in good faith, then considering the ethical foundation that the legal system does not offer reasonable exits to this type of debtors who, by a sudden and totally unexpected alteration of their circumstances, cannot meet its commitments. Not can forget is with this that any consideration ethics to this respect must cohonestar is always with the legitimate protection that the ordering legal should offer to them rights of the creditor, as well as with a premise that appears as hardly contentious: the debtor that meets always must be of best condition that which not it makes.
Introduced in this way the premises of the problem to solve about the scope and possible limitation of the principle of universal liability of the 1911 article of the Civil Code, it is not go more to the background of this precept, as well as the legislative context of the same.
The intelligence full of this article had of complete is with other two precepts of the same code Civil located systematically in the same chapter. We refer to the now repealed articles 1919 and 1920 cited legal body pointing respectively the following: «If the debtor comply with the Convention, will be extinguished its obligations in the terms stipulated therein; but, if it fails to comply with it in whole or in part, will be reborn right of creditors by amounts that had not seen their primitive credit, and may either request the Declaration or continuation of the contest» and «not mediating expressly otherwise agreed between debtor and creditors, keep these their right, finished the contest, to charge, of any property that the debtor may subsequently acquire «, the unrealized part of credit».
According to these two precepts appeared two main ideas: the exoneration of liability tied to an agreement between debtor and creditors and to compliance, as well as the principle of limitation of the exemption in case of the debtor to better Fortune come, but also confined to the evolution of the Convention itself. But paradoxically did not appear to have any provision relating to the waiver of the debtor in the case that this had liquidated its heritage is in the case of that, plain and simple, it would have lost everything.
Article 1920 sparked early doctrinal disputes. Manresa, in his comments to the Civil Code, stating the following: "this provision, criticized by some for leaving in the uncertain the debtor rights derived from the Convention, it is, however, in end fair, if one takes into account the reasons and motives, under which is authorized to the debtor to conclude agreements with creditors inside or outside the trial of contest (...)» in consideration of the difficult circumstances in which it is located which for lack of goods enough to cover its liabilities (...) cannot satisfy promptly all of its obligations; (…) «nothing strange has (...) coming disappearing this reason have ceased difficulties (...) the debtor obligated to satisfy the part of credit not carried out by its creditors ". And continued the same author noting that this had been dispelled "doubts that the interpreters of our old law suggested the intelligence of the law the title 3rd 15.º of heading 5th».
But it true is that the article 1920 not established any gradation of it improves of fortune or nor any limitation of the right of them creditors to charge, of which the debtor could subsequently acquire, it part not satisfied of the credit. This entailed a limitation manifest of the capacity of the debtor of improve of fortune and also a little incentive to try to effectively such improves.
And is that the law of them games, that in opinion of Manresa had been overcome by the article 1920 of the code Civil, was in certain mode more favorable to the debtor to the noted it following: «the desamparamiento that faze the debdor of their goods (...)» «has such force that then non can be the debdor located, nin is dyed of answer in judgment to those to who deuiesse something: were ende if oviesse date so great gain, that could pay them debdos all, or part dellos, e that fincasse to the of that podiesse live». So, the law of games already foresaw the debtor's after a process of liquidation of their assets (which would not necessarily agreement with creditors) and in addition, in a way, established a modulation of the best fortune not to allow that this could play to the detriment of the debtor except when it could pay all of your debts (or, in expression certainly something unclear) (, part of them) without prejudice to their own living conditions, all related to "such a great gain' which in principle should be considered atypical.
Is met in the 2015 exactly 750 years since ended the drafting of the great work legislative of Alfonso X the wise, that has inspired during several centuries them systems legal Hispanic American, but surprises see how in this matter had arrived in some aspects to ones precepts more advanced that the coding nineteenth-century.
The second opportunity to collecting this law obviously meets a more modern legislative technique but is inspired from principles already present, as just demonstrated, in our historic right. You should always constitute a source of confidence in legal standards which its inspiring principles not obey an improvisation, but formerly well the outcome of many years or even centuries of reflection on the matter. Is necessary that the legislator flee always of all temptation demagogic that to the long can return is against those to who intends to benefit. To grow the economy is necessary to flow the credit and the legal framework applicable to give confidence to the debtors; but without undermining it of them creditors, because in such case is would produce precisely the effect contrary to the intended: the withdrawal of the credit or, at least, its rising.
Therefore the second chance mechanism designed by this law establishes controls and guarantees necessary to avoid strategic insolvencies or facilitate selective payment in kind. Is is of allow that that that it has lost all by have settled the whole of its heritage in benefit of its creditors, can verse released of the greater part of them debts pending after it referred liquidation. And it is also quantify the improvement of fortune that eventually allows to revoke this benefit for the reasons of Justice towards the creditors so aptly authors exposed as Manresa.
Additionally, is modifies the available additional second of it law bankruptcy for explicit that the law 35 / 2003, of 4 of November, of institutions of investment collective, the law 22 / 2014, of 12 of November, by which is regulate them entities of venture capital, other entities of investment collective of type closed and them societies managing of entities of investment collective of type closed , and by amending the law 35/2003, 4 November, institutions for collective investment, as well as the revised text of the law of regulation of plans and pension funds, approved by Royal Legislative Decree 1/2002, of 29 November, constitute special law applicable in the case of competition of certain types of entities. This forecast not affects to the regime existing, because, as expected the paragraph first of the cited provision, in the contest of this type of entities is apply them specialties planned in its legislation specific, as is the case.
This is achieved the proper balance and justice required that should inspire any rule of law.
In addition to the regulation of the second chance and the improvement of certain institutes pre mechanism or paraconcursales, this law contains other provisions of which systematic detail is given below.
II. this law is structured in ten articles, grouped in two titles, six additional provisions, four transitional provisions, a provision repealing and final provisions 21.
Title I, under the heading "Urgent measures for reducing the financial burden", contains three amending articles through the new wording is given to certain precepts of other so many laws: law 22/2003, of July 9, bankruptcy, the Royal Decree-Law 6/2012 March 9, concerning urgent measures for protecting mortgage debtors without resources , and law 1/2013, of May 14, measures to strengthen the protection of mortgage borrowers, restructuring debt and social rental.
The title II, "other measures of order social», is structure in three chapters.
The first four articles collects a series of measures relating to tax and public administrations, through modification of specific aspects of the following four laws: law 35/2006 of 28 November, personal income tax and partial modification of the laws of corporate on the income of non-residents and heritage; Law 7/2007, of 12 April, the Basic Statute of the public employee; Royal Decree-Law 20/2012, of 13 July, measures to ensure the budgetary stability and promotion of competitiveness and the law 27/2014 November 27, from corporate income tax.
Chapter II contains two measures concerning the promotion of employment in the field of Social Security. Thus, on the one hand, establishes a new incentive for the creation of employment stable, consisting in the fixing of a free minimum in the business contribution for common contingencies for indefinite hiring Social Security. In second place, are established benefits of Security Social for those alleged in which the professional autonomous should meet obligations family that can influence in its activity.
Its enacting terms of the Act closes with Chapter III, "Measures relating to the field of the administration of Justice", its title II, whose only article modifies Law 10/2012, on 20 November, which regulates certain rates in the field of the administration of Justice and the National Institute of forensic science and toxicology , to adapt the regime of rates judicial to the concrete situation of the subject forced to the payment of the same.
In what refers to the final part of this law, the additional provisions first to fourth complement modifications made by its title I, to regulate the functions of bankruptcy mediation, the mediator insolvency compensation, the non-preceptividad of the representation of the debtor in the consecutive contest or the computer application designed to act as a gauge of creditworthiness. All these provisions regulate issues which are directly related to those contained in title I, and which are necessary for its effectiveness. In the disposal additional fifth regulates impulse and coordination of collective bargaining and in the sixth report of evaluation of the operation of the tariff guarantee account.
Regarding the transitional provisions, the first one establishes the transitional arrangements in insolvency matters while the second provides for arrangements for indefinite hiring formalized prior to March 1, 2015. The third refers to the bankruptcy administrators rights fee and the fourth the transitional period of payment charged to the account of warranty tariff.
Repealing provision refers to many provisions of equal or lower rank is contrary to the provisions of this law, and the final provisions establish certain legislative amendments, title competence, allotments for the development, implementation and application of the law and its entry into force.
III initiatives contained in title I of this Act to allow families and businesses to reduce its financial burden, mean additional enhancements that already they have been taken during this legislature aimed at those who are in a situation closer to insolvency by their economic and social circumstances of vulnerability, are SMEs and freelancers, or natural persons in general.
These initiatives can be summarized by grouping them into three blocks.
Firstly, intends to make more flexible the settlements of payments and provide a real mechanism of second chance.
Secondly, improves also the «code of good practice for the viable restructuring of debts with the mortgage on the residence», introduced by the Royal Decree-Law 6/2012, March 9, on urgent measures for the protection of mortgage debtors without resources, which have already benefited about 14,000 families.
Finally, is extends by a term additional of two years it suspension of them releases on housing usual of collective especially vulnerable content in it law 1 / 2013, of 14 of mayo, of measures to strengthen the protection to them debtors mortgage, restructuring of debt and rental social, as well as the collective that can benefit is of this measure.
In what refers to the extrajudicial payment agreements regulated in Title X of the law 22/2003, of July 9, bankruptcy, the amendments contained in this Bill are designed to relax its content and effects, assimilating its regulation to the agreements of the fourth additional provision of the bankruptcy law refinancing. As major elements of the new regime are the extension of its scope to natural persons not entrepreneurs, be regulated in addition a simplified procedure for these; the possibility of extending the effects of the agreement to the dissident secured creditors, representing an advance against the regime's existing voluntary submission beforehand; and the empowerment of the figure of the mediator bankruptcy, introducing the possibility of that act as the Chambers of Commerce, industry, navigation and services, if the debtor is entrepreneur, or notaries, in case of natural persons not entrepreneurs.
As a fundamental novelty, establishing a system of exemption from debt for borrowers natural person as part of bankruptcy proceedings. The system of exoneration has two pillars fundamental: that the debtor is of good faith and that is liquide previously its heritage (or that is declare the conclusion of the contest by failure of mass).
Fulfilled them previous conditions, the debtor may see exempt of form automatic their debts pending when has satisfied in his integrity them credits against the mass, them credits bankruptcy privileged and, if not has tried an agreement out-of-Court of payments, the 25 percent of them credits bankruptcy ordinary.
Alternatively, when they have not failed to meet previous appropriations and provided that he agrees to undergo a payment plan over the next 5 years, the debtor may be exempted temporarily of all their claims, except for the public and for food, against the mass and those who enjoy general privilege. For the final release of debt, the debtor must meet during that period do not exempt debts or make a substantial effort to do so.
With respect to the code of good practice for mortgagors, expands the subjective scope, increasing the annual limit of income of beneficiary families, which shall be calculated based on the annual minimum wage INDEX of 14 months, including the new course of special vulnerability that the debtor is older than 60 years and introducing a new way of calculating the limit of the price of the immovable property acquired. In addition, introduces the final failure of the clauses soil of those debtors located in the new exclusion threshold that had them included in their contracts.
Finally, extends until 2017 the period of suspension of releases on regular housing groups especially vulnerable, and it is possible, in terms similar to those provided for the code of good practice, that more people eligible for suspension.
IV the title II of this law contains various measures of order social.
Thus, in first place, is rushing certain measures in the field tax intended to lower the load tax of certain collective especially vulnerable. Of this way, is modifies the law 35 / 2006, of 28 of November, of the tax on the income of them people physical and of modification partial of them laws of them taxes on societies, on the income of not resident and on the heritage, with the purpose of allow to new collective it application of them deductions planned in the article 81 bis of this law.
In this way, extends the tax incentive not only ancestors that are part of large families but also those that form a single-parent family with two descendants that, among other requirements, depend on and live exclusively with him.
To the same time, is will allow the application of them new deductions regulated in said article to them contributing that perceive benefits of the system public of protection of unemployment or Inns of them regimes public of forecast social or assimilated and have an ascendant or descendant with disability to your cargo or form part of a family numerous or of the family parent designated previously , and not just to account or self-employed workers.
Additionally, is declared exempt them incomes that is could put of manifesto as consequence of take away and auctions in payment of debts, established in a Convention approved judicially according to the procedure established in the law 22 / 2003, of 9 of July, bankruptcy, in an agreement of refinancing judicially approved to is concerns the article 71 bis and it available additional fourth of such law , or in a settlement of payments referred to in Title X of the said Act, the debt not arising out of the exercise of economic activities, since, in this case, his regime is expected in the final disposition always second Royal Decree-Law 4/2014, 7 March, by which adopt urgent measures in the field of refinancing and restructuring of corporate debt.
On the other hand, in order to relieve of formal obligations partially exempt entities, by article 7 of this law establishes the exclusion of the obligation to file return in tax to those entities whose total income of the tax period does not exceed 50,000 euros per year, provided that the total amount of the revenue from non-exempt income does not exceed 2,000 euros a year and that all your non-exempt income are subject to retention, that not are subject to the law 49 / 2002, of 23 of December, of regime fiscal of the entities without purposes lucrative and of them incentives tax to the patronage, nor is try of parties political.
Secondly, in the field of public administration, the Royal Decree-Law 20/2012, July 13, measures to ensure the budgetary stability and promotion of competitiveness, introduced a series of measures in our legal system 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 made a new sort of electoral units in the scope of the General Administration of the State thus establishing an appropriate framework in which to make effective the procedure of election of the representatives of public employees to the bargaining and participation bodies. These instruments of negotiation and participation set up a range of guarantees for the representation of public employees, in accordance with our constitutional order, seeking to strengthen the effective defense of their rights and interests in the field of public administration.
The table General of negotiation of it Administration General of the State for materials common to personal official, statutory and labor and it table General of negotiation of the personal official of the Administration General of the State, in its session Joint held the 31 of July of 2014, agreed to propose to the Government three initiatives of reform normative for it improves of them mechanisms of participation and negotiation collective in the field of it Administration General of the State. The purpose of this proposal is the introduction of a series of adaptations and technical improvements in the reform measures implemented on this matter by the Royal Decree-Law 20/2012, July 13.
In first place, is improves the joint contained in the law 7 / 2007, of 12 of April, of the Statute basic of the employee public, in matter of bodies of representation of the personal statutory of the field health, of the personal teaching not University, as well as of the corresponding to the personal to the service of the administration of Justice; It's collective of specific staff that require this modification to ensure their adequate representation.
In second place, is introduces an improves technical in the drafting current of the article 35 of the Statute basic of the employee public that, to the regular the composition and Constitution of them tables of negotiation, in its version until now existing is refers only to materials that affect to the personal official, when is necessary that such regulation is make extensible also to them materials common to the personal official statutory and labour. This is intended to give legal support to what so far is a common practice in collective bargaining: make a global and negotiation set for different types of staff who in the administration.
And thirdly, it introduces a new additional provision in the Basic Statute of the public employee in the field of negotiation tables corresponding to specific areas of negotiation, different in purity to those provided for in its article 34.4. In this sense, it is in this field where takes place the negotiation on working conditions and, although it affects certain groups of public employees who may be assigned to different public administrations, in reality this negotiation rests with the competence of the General Administration of the State. The introduction of this additional provision, is intended to fill an important void legal referred to these tables, as well as completing the inadequacy of the hitherto existing regulatory regime.
This different organic and functional dependence of public employees, determines that to form the representation of trade unions in each of the tables its respective areas of negotiation should be taken into account as a whole and not of a particular public administration as it would be the case of the sectoral tables covered in article 34.4 of the Basic Statute of the public employee.
It is, in short, provide a specific and appropriate legal framework allowing to adequately articulate the negotiating activity in the various fields in which is articulated system of negotiation, representation and participation in the General Administration of the State and the administration of Justice.
This initiative legislative has been driven, also, by them own tables General of negotiation of it Administration General of the State to which is refer them articles 36.3 and 34.1 of the law 7 / 2007, of 12 of April of the Statute basic of the employee public, that with the agreement reached between the Administration and the organizations with greater representativeness present in them same They asked for their approval.
As is is of a modification proposed by the cited tables General of negotiation, this proposed normative complies with it willing in the article 37.1 of the Statute basic of the employee public, having been object of negotiation and agreement in the breast of them same.
Furthermore, in the field of policies of employment and Social Security, the reduction of contributions for common contingencies to Social security by indefinite contracts, approved by the Royal Decree-Law 3/2014, on 28 February, urgent business for the promotion of employment and the indefinite hiring, and that is articulated through the establishment of a rate quote flat It has been an effective measure to contribute to the creation of stable employment.
Thus, according to data from the survey of active population in the fourth quarter of 2014, employment has grown in 433.900 people in the last 12 months, with an annual variation of 2.5 per cent and indefinite wage employment has increased by 212.800 people, up 2.0 percent.
With the objective of consolidate this evolution positive of it recruitment indefinite and enhance its impact for them collective with older difficulties for it inclusion labor stable, and in compliance of the resolution approved by the Congress of them members on the occasion of the Debate on the State of it nation of the 25 of February of 2015, through the article 8 of this law is sets a new incentive for the creation of employment stable , consistent in the fixing of a minimum exempt in the quote business by contingencies common to it security Social by the hiring indefinite of workers.
The establishment of a free minimum involves the creation of an incentive of progressive character that largely reduces social contributions by the stable recruitment of workers with lower pay. This measure is intended to help those groups with more difficulties of stable inclusion in the labour market, such as long-term unemployed, poorly educated workers and young people without work experience. These groups are more affected by unemployment and temporality.
Under cover of this new regulation, from which all the companies that hire indefinitely and create net employment, may benefit the first 500 euros for the monthly basis corresponding to common contingencies shall be exempt from trading business when the contract is concluded in time full. When the contract is concluded on time partial, such amount shall be reduced in proportion to the percentage that reduce working hours, which may not be less than 50 per cent of the day of a full time worker.
This benefit in the quote will consist in a bonus, to charge of the service public of employment State, where the contract indefinite is formalized with young registered in the system national of warranty youth, and in a reduction, to charge of the system of it security Social, in them others alleged.
Like rate flat price, the bonus or reduction shall apply for a period of 24 months. For enterprises with less than ten workers measure is valid for 12 months more, being exempted during this last period of the implementation of the contribution rate the first 250 euros of the contribution base or the amount which proportionally appropriate in the case of part-time employment.
With respect to the requirements for the new benefit in the quote, the assumptions in that not be your application, incompatibilities and the reinstatement of misapplication of the same amounts, are very similar to those established for the rate flat trading on the Royal Decree-Law 3/2014, 28 February, for the sake of continuity and simplicity of the system.
Applying the rebate or reduction referred to in this article 8 shall not affect the determination of the amount of the economic benefits that may cause right affected workers, which shall be calculated by applying the full amount of the contribution base that corresponds to them.
For the beneficiaries of the national system of youth guarantee indefinite hiring event, allowed the alignment of incentives provided for in section 107 of the Act 18/2014, 15 October, adoption of urgent measures for growth, competitiveness and efficiency, and also declaring compatible with the economic help of accompaniment in receipt of the beneficiaries of the employment programme of activation , in case of signing the contract with them.
On the other hand, measure provided for in article 9, consisting of a bonus to self-employed workers by reconciling professional and family life linked to contracting, the forecast of the final second provision of law 20/2007, of July 11, of the Statute of autonomous work, established the progressive convergence of the rights of self-employed workers in relation to those established for self-employed workers included in the regime General Social Security, necessary the adoption of successive measures for the fulfilment of this objective.
So, in the line marked for the matching of them rights of them workers by has own facing them workers by has outside, and for ensure it protection of it conciliation of it life family and professional of them workers by has own, is includes a measure of support to them same based in benefits of Security Social for those alleged in which the professional should meet obligations family that can influence in its activity.
Such measure consists in a bonus in it share of the worker by has own to it security Social, in a claims linked to it base of quote half of them last twelve months of the worker autonomous, guaranteeing so the proportionality of the measure.
Also, the enjoyment of this bonus is subject to the hiring of a worker by has alien, with what is meets a double objective. On the one hand, adopt measures that contribute to the viability of the professional project of the self-employed worker, allowing you to take their family obligations, maintaining their professional activity. On the other hand, being linked the measure to the hiring of a worker employed, is intended to contribute to the revitalization of the labour market.
It should take into account that there are two key parts of the policy of the European Union 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 who exercise a self-employed activity.
In addition, the European Commission presented on January 9, 2013, the Plan of action of enterprise 2020, Plan whereby the Commission invited States members to implement policies that allow women to achieve a proper balance between work and daily life.
Directive 2010/41/EU established that later on August 5, 2015 States members must transmit to the Commission all available information on the application of the same.
In this area of conciliation between life family and professional is part of the specific regulation for autonomous workers collective that deals with this law.
Finally, with regards to article 10 of this law, it should be indicated that, after a reasonable period since the adoption of the Royal Decree-Law 3/2013, February 22, relating to fees for the exercise of the judicial power, it has been established that it is urgent to respond to the economic downturn of a significant number of citizens who , not being beneficiaries of the right of assistance legal free, must be object of attention with regard to the impact that on them is taking the system of rates by the exercise of the authority jurisdictional.
In this sense, them modifications that is introduced entail an effect favorable immediate, since the entry in force of this law will mean the exemption of the payment of the rate from them people physical.
TITLE I measures pressing for the reduction of the load financial article 1. Modification of the law 22 / 2003, of 9 of July, bankruptcy.
The law 22 / 2003, of 9 of July, bankruptcy, is modified in the following terms: first. Changes in second chance.
One. Amending the wording of paragraph 2 of article 178 in the following terms:
«2. out of them alleged intended in the article following, in those cases of conclusion of the contest by liquidation or failure of mass active, the debtor person natural will be responsible of the payment of them credits remaining.» The creditors may start executions unique, insofar as not is agreed the reopening of the competition or not is declare new contest. For such executions, the inclusion of your credit in the final list of creditors is equated to a firm conviction sentence.»
Two. Added a new article 178 bis with the following wording: «article 178 bis.» Benefit of the exoneration of unsatisfied liabilities.
1. the debtor natural person may obtain the benefit of the exoneration of the unsatisfied liabilities under the terms established in this article, once completed the contest by settlement or by failure of the active mass.
2. the debtor must present their request for exemption from the unsatisfied liabilities before the judge of the competition within a period of audience that it has granted in accordance with provisions of article 152.3.
3. only will accept the application for exemption from unsatisfied liabilities debtors in good faith. Means that good faith there is on the debtor provided that the following requirements are met: 1 the competition has not been found guilty. However, if the contest had been declared guilty by application of the article 165.1.1. ° the judge may nevertheless grant the benefit served them circumstances and provided that not is detects dolo or blames serious of the debtor.
2. that the debtor has not been convicted in judgment for crimes against property, against the socio-economic order, forgery, public finances and Social security or the rights of workers in the 10 years preceding the Declaration of insolvency. If exist a process criminal pending, the judge of the contest must suspend its decision regarding the exemption of the passive until exist sentence criminal firm.
3rd which meet the requirements laid down in article 231, has held or, at least, tried to hold a settlement of payments.
4th that has satisfied in its integrity the credits against the mass and them credits bankruptcy privileged and, if not had tried an agreement extrajudicial of payments prior, at least, the 25 percent of the amount of them credits bankruptcy ordinary.
(5th which, alternatively at the number above: i) accept, subject to the payment plan referred to in paragraph 6.
(ii) not has breached the obligations of cooperation laid down in article 42.
(iii) you have obtained this benefit within the last ten years.
(iv) not has rejected an offer of employment suitable to their ability within the four years preceding the Declaration of insolvency.
(v) accept of form Express, in the application of exemption of the passive dissatisfied, that the obtaining of this benefit is will make consist in the section special of the register public bankruptcy by a term of five years. Only those persons having a legitimate interest in finding out the situation of the debtor, being understood in all case that they have interest who made a firm offer to the debtor either credit or any other delivery of goods or provision of services, which have to be paid or returned by this and is conditioned to its solvency will have access to this section , as well as the administrations public and organs jurisdictional enabled legally to collect the information necessary for the exercise of their functions. The appreciation of the interest held by who is in charge of the bankruptcy public record.
4. of the application of the debtor is will give transfer by the Secretary Judicial to the Administration bankruptcy and to them creditors costs by a term of five days to claim as deem timely in relation to the award of the benefit.
If the bankruptcy administration and costs creditors show its compliance with the request of the debtor or do not oppose it, contest judge granted, provisionally, the benefit of the exoneration of the unsatisfied liabilities in the resolution, declaring the conclusion of the contest finally liquidation phase.
The opposition only can found is in the failure of one or some of them requirements of the paragraph 3 and is you will give the pending of the incident bankruptcy. You can not dictate auto completion of the contest until it gains firmness resolution falling in the incident acknowledging or denying the benefit.
5. the benefit of the exoneration of the unsatisfied liabilities granted to debtors under the number 5 of paragraph 3 shall extend to the following appropriations dissatisfied party: 1 regular appropriations and subordinates pending the date of conclusion of the competition, although they had not been notified, and except for appropriations of public law and alimony.
2nd on the credits listed in the article 90.1, the part which has not been able to meet with the execution of the guarantee will be exempted unless I was included, according to their nature, in any category other than the ordinary or subordinated credit.
Creditors whose credits become extinct may not start any action directed against the debtor for the payment of the same.
They are the rights of creditors against the bound jointly and severally with the bankrupt and his sureties or guarantors, who may not invoke the benefit of exemption from the unsatisfied liabilities obtained by the bankrupt or subrogation fee subsequent to the liquidation to the rights which the creditor had against him, unless the granted exemption repeal.
If the concursado has a regime economic double of marital u another of community and not is has proceeded to the liquidation of said regime, the benefit of the exemption of the passive dissatisfied is extend to the spouse of the concursado, although not had been declared its own contest, with regard to them debts previous to it statement of contest of which should respond the heritage common.
6. debts that are not exempt pursuant to the preceding paragraph, shall be met by the bankrupt within five years following the conclusion of the contest, unless they had a later maturity. During the five years following the conclusion of the contest outstanding debts will not earn interest.
For this purpose, the debtor shall submit a proposal of payment plan that, after hearing the parties by 10 days, will be approved by the judge in the terms that would have been presented or with modifications it deems appropriate.
With respect to appropriations for public law, the processing of requests for postponement or Division is governed by provisions of their specific regulations.
7. any creditor bankruptcy will be legitimized for request of the judge of the contest the revocation of the benefit of exemption of the passive dissatisfied when during them five years following to its award is re-assessment the existence of income, property or rights of the debtor hidden. Is except of this forecast them goods unattachable according to it provisions in them articles 605 and 606 of the law 1 / 2000, of 7 of January, of prosecution Civil.
Also the revocation may be requested if during the period laid down for compliance with the payment plan: to) incurred in any of the circumstances that had prevented the granting of the benefit of the exoneration of unsatisfied liabilities pursuant to paragraph 3.
(b) where applicable, fail to fulfil the obligation of payment of debts not exempted in accordance with the payment plan, or.
(c) substantially improving the economic situation of the debtor by reason of inheritance, legacy or donation; or game of luck, gambling or gaming, so that he could pay all outstanding debts without detriment to their maintenance obligations.
The request will be processed in accordance with the law on Civil procedure for verbal judgment. When the judge agreed the revocation the benefit, creditors recover the fullness of their actions against the debtor to enforce claims not satisfied at the conclusion of the contest.
8 after the deadline for the fulfilment of the payment plan unless it has revoked the benefit, the judge of the competition, at the request of the debtor concursado, dictate auto recognizing with finality the exoneration of unsatisfied liabilities in the contest.
Also may, according to the circumstances of the case and after hearing of the creditors, declare the exemption final liabilities unsatisfied of the debtor who had failed in its entirety the payment plan but had intended to compliance, at least half the income earned during the period of five years from the granting of provisional profit lacking consideration of indefeasible or quarter of such income when they such on the debtor the (circumstances provided for in article 3.1, letters a) and b), of the Royal Decree-Law 6/2012, March 9, on urgent measures for the protection of mortgage debtors without resources, with respect to the income of the family unit and family circumstances of particular vulnerability.
To them effects of this article, is understands by income unattachable them expected in the article 1 of the Real Decree-Law 8 / 2011, of 1 of July, of measures of support to them debtors mortgage, of control of the expenditure public and cancellation of debts with companies and autonomous collapsed by them entities local, of promotion of the activity business and impulse of the rehabilitation and of simplification administrative.
The resolution, to be published in the bankruptcy public record, not be brought against any. However, the definitive exemption revoked is when if the cause referred to in paragraph first above.»
3. Is modify them paragraphs 3 and 4 of the article 176 bis, that are written in them following terms: «3. A time distributed it mass active, it administration bankruptcy will present to the judge of the contest a report supporting that will affirm and razonará inexcusably that the contest not will be qualified as guilty and that not exist actions viable of reintegration of the mass active or of responsibility of third pending of be exercised or rather than what is could get of them» sanctions would not be sufficient for the payment of claims against the mass. Will not prevent the Declaration of insufficiency of mass enables the debtor to keep property legally indefeasible or devoid of market value or whose cost of preparation would be manifestly disproportionate to foreseeable market value.
Report it will show in the judicial office for fifteen days to all the parties.
The conclusion by failure of mass is agreed by auto. If within the granted period of hearing parties will make opposition to the conclusion of the competition, will be the filing of the bankruptcy incident. During this term, the debtor person natural may apply for the exemption of the passive unsatisfied. The processing of this application, the requirements to benefit from the exemption and their effects shall be governed by the provisions of article 178 bis.
4. also may agree is the conclusion by failure of mass in the same auto of statement of contest when the judge appreciate of way evident that the heritage of the concursado not will be presumably enough for the satisfaction of them predictable credits against the mass of the procedure nor is foreseeable the exercise of action of reintegration, of challenge or of responsibility of third.
If the bankrupt is a natural person, the judge shall appoint a bankruptcy administrator who must liquidate existing assets and pay the claims against mass order of paragraph 2. Once completed the liquidation, the debtor may request exemption from unsatisfied liabilities before the judge of the competition. The processing of the application, the requirements to benefit from the exemption and their effects shall be governed by the provisions of article 178 bis.
«Against this car can bring is resource of appeal.»
Second. Changes in matter of agreement out-of-Court of payments.
One. Amending article 231, which is worded as follows: «article 231. Budgets.
1. the debtor person natural you are insolvent pursuant to the provisions of article 2 of this law, or to provide for that it may not regularly comply with their obligations, you can initiate a procedure to reach a settlement of payments with your creditors, provided that the initial estimate of liabilities do not exceed five million euros. In the case of debtor person natural entrepreneur, must provide the corresponding balance.
For the purposes of this title shall be considered entrepreneurs natural persons not only those who had such a condition in accordance with commercial legislation, but those who exercised professional activities or have that consideration for the purposes of the Social security legislation, as well as self-employed workers.
2 also any legal persons, may urge the same agreement whether or not capital companies, which meet the following conditions: a) are in a State of insolvency.
(b) in case of being declared bankrupt, said competition has not be special complexity in the terms laid down in article 190 of this law.
(c) that you have sufficient assets to meet costs of the agreement.
3. not may formulate request to reach an agreement extrajudicial of payments: 1 who have been condemned in sentence firm by crime against the heritage, against the order socio-economic, of falsehood documentary, against the Hacienda public, it security Social or against them rights of them workers in them 10 years previous to the statement of contest.
2. persons who, within the last five years, had reached a settlement of payments with creditors, had obtained judicial approval of a refinancing agreement or had been in bankruptcy.
He computation of said term will begin to count, respectively, from the publication in the register public bankruptcy of the acceptance of the agreement extrajudicial of payments, of the resolution judicial that homologue the agreement of refinancing or of the auto that declare the conclusion of the contest.
4. do not you can access the settlement of payments who are negotiating a refinancing agreement with its creditors or whose application for competition had been admitted to processing.
5. the credit with real guarantee will be affected by the settlement in accordance with the provisions of the articles 238 and 238 bis.
Appropriations of public law may not in any circumstances be affected by the settlement, although they enjoy security.
Not can go to the procedure laid down in this title insurance and reinsurance entities.»
Two. Amending paragraphs 2 and 3 of article 232, which are written in the following terms: ' 2. the application shall be effected by standard form signed by the debtor and will include an inventory with the cash and the liquid assets available, goods and rights holder and the anticipated regular income.» It is also accompanied by a list of creditors, specifying your identity, address and email address, with expression of the amount and maturity of the respective credits, which will include a list of existing contracts and a list of anticipated monthly expenses. It arranged in the article 164.2.2. ° will be of application, in case of contest consecutive, to the request of agreement out-of-Court of payments.
The contents of the standardized forms of application, inventory and list of creditors, shall be determined by order of the Ministry of Justice.
This list of creditors will also include holders of loans or credit with real guarantee or public law notwithstanding that can not be affected by the agreement. For the valuation of the loan / credit with real guarantee it will be provisions in article 94.5.
If the debtor is person married, unless is find in regime of separation of property, will indicate the identity of the spouse, with expression of the regime economic of the marriage, and if were legally obliged to the keeping of accounting, will accompany also them accounts annual corresponding to them three last exercises.
When spouses are owners of the family home and it might be affected by the payment settlement, the application of settlement must be necessarily by both spouses, or one with the consent of the other.
3. where debtors are entrepreneurs or registered entities, the appointment of the mediator will be requested to mercantile recorder corresponding to the domicile of the debtor by instance that can be issued electronically, which will proceed to the corresponding leaf opening, not be registered if. In other cases, the designation will be requested to the notary of the domicile of the debtor.
In the case of legal persons or person natural entrepreneur, the request may also refer to the official Chambers of Commerce, industry, services and navigation when they have assumed functions of mediation in accordance with the specific regulations and the Chamber of Commerce, industry, services and navigation of Spain.
The receiver of the request shall verify compliance with the requirements provided for in article 231, the information and documentation provided by the debtor. If it considers that the application or the accompanying documents are defective or that this is insufficient to prove the fulfilment of legal requirements to start a settlement of payments, designated the applicant a unique period of correction, which may not exceed five days. The application is inadmitirá when the debtor does not justify the fulfillment of the legal requirements for the initiation of the settlement, and can make a new claim when they such or the concurrence of these requirements could be accredited."
3. Is modify the paragraphs 1, 2 and 3 of the article 233, that are written in the following terms:
«1. the appointment of mediator bankruptcy there will be of relapse in the person natural or legal to which of form sequential corresponds between which appear in the list official that is published in the portal corresponding of the "newsletter official of the State", which will be supplied by the registration of mediators e institutions of mediation of the Ministry of Justice.» He mediator bankruptcy must meet the condition of mediator in accordance with the law 5 / 2012, of 6 of July, of mediation in matters civil and commercial, and, for act as administrator bankruptcy, them conditions planned in the article 27.
Be determined according to the rules the rules for the calculation of the remuneration of the insolvency mediator, to be determined in his certificate of appointment. In any case, to receive remuneration depends on the type of debtor, its passive and active and the success achieved in the mediation. In all matters not provided for in this act as the mediator of the bankruptcy, it will be provisions in respect of the appointment of independent experts.
2. by accepting the appointment, the bankruptcy mediator must provide the mercantile Registrar or notary, if he had been appointed by them, an electronic address which complies with the conditions laid down in article 29.6 of the Act, in which creditors may make any communication or notification.
3. the Registrar or notary shall proceed to the appointment of mediator bankruptcy. When the request is has directed to a camera official of trade, industry, services and navigation or to the camera official of trade, industry, services and navigation of Spain, the own camera will assume them functions of mediation according to it willing in the law 4 / 2014, of 1 of April, basic of them cameras official of trade, industry, services and navigation and shall appoint a Commission charge of mediation , in whose bosom must include, at least, a mediator bankruptcy. Once the mediator bankruptcy accept the charge, the recorder commercial, the notary or the camera official of trade, industry, services and navigation will give has of the made by certification or copy sent to them records public of goods competent for his constancy by annotation preventive in the corresponding sheet registry, as well as to the record Civil and to them others records public that corresponds the opening of negotiations it shall ex officio to the competent judge for the Declaration of insolvency, and shall order its publication in the bankruptcy public record.»
Four. Paragraph 4 shall be deleted and amending paragraphs 1 and 2 of article 234, which are written in the following terms: "1. in the ten days following the acceptance of the cargo, the bankruptcy mediator will check data and documentation provided by the debtor, and may require you to its complement or rectification or urge you to correct errors that may be."
In that same term, will check it existence and it claims of them credits and convened to the debtor and to them creditors that listed in it list presented by the debtor or of whose existence have knowledge by any other half to a meeting that is held within them two months following to it acceptance, in the town where the debtor have its domicile. Shall be excluded in all cases of the call to the creditors of public law.
2. the convocation of the meeting between the debtor and the creditors will be made through notarial or by any means, individual and written communications, ensuring the reception.
«(If recorded the address electronic of them creditors by have it provided the debtor or eased those to the mediator bankruptcy in them terms that is indicate in the letter c) of the article 235.2, the communication must perform is to the cited address electronic.»
5. Amending Article 235, which is worded as follows: «Article 235. Effects of the introduction of the record.
1. once requested the opening of the record, the debtor may continue with his employment, business or professional activity. From the presentation of the request, the debtor is refrain of perform any act of administration and disposal that exceed them acts u operations own of the spin or traffic of your activity.
2 from the communication of the opening of the negotiations to the competent court for the Declaration of insolvency, creditors who could be affected by the possible settlement of payments: to) may not start or continue judicial or extrajudicial execution some of the assets of the debtor while the settlement is negotiated up to a maximum period of three months. Is except them creditors of credits with warranty real, that not justifiably on goods or rights that are necessary for the continuity of the activity professional or business of the debtor or on their housing usual. When the guarantee falls on the goods referred to in the preceding paragraph, the creditors may exercise real action corresponding to goods and rights on which your warranty without prejudice to that, once the procedure has begun is paralyzed while not after the deadlines provided for in this section.
Practiced it corresponding annotation of the opening of the procedure in them records public of goods, not may score is with regard to them goods of the debtor instantly embargoes or kidnappings later to the presentation of the request of the appointment of mediator bankruptcy, except which could correspond in the course of procedures followed by them creditors of right public.
(b) they shall refrain from performing any act aimed at improving the situation in which they are with respect to the common debtor.
(c) may provide the bankruptcy mediator an email address for this practice them how many communications are necessary or desirable, producing full effect referred to the provided address.
3 during the negotiation of the settlement of payments and credits that could be affected by it, suspend the accrual of interest in accordance with the provisions of article 59.
4. the creditor who has personal guarantee to the satisfaction of the credit may exercise it whenever the claim against the debtor would have expired. In the execution of the guarantee, the guarantors may not invoke the application of the debtor to the detriment of the performer.
«5. the debtor that is found negotiating an agreement extrajudicial not may be declared in competition, while not expires the term intended in the article 5 bis.5.»
6. Is modifies the article 236, that is worded in the following terms: «article 236.» Proposal of agreement out-of-Court of payments.
1. so soon as is possible, and in any case with an advance minimum of twenty days natural to it date planned for the celebration of the meeting, the mediator bankruptcy sent to them creditors, with the consent of the debtor, a proposed of agreement extrajudicial of payments on them credits pending of payment to the date of the request. (The proposed may contain any of the following measures: to) waits by a term not superior to ten years.
(b) take away.
(c) transfer of goods or rights to those creditors in payment or for payment of all or part of their credits.
(d) the conversion of debt in shares or shares of the society indebted. ((In this case is will be to it provisions in the paragraph 3.b). 3. º ii) of the available additional fourth.
(e) the conversion of debt in loans participatory by a term not superior to ten years, in obligations convertible or loans subordinated, in loans with interests capitalizable or in any other instrument financial of range, expiration or features different of the debt original.
Only may include is the assignment in payment of goods or rights to them creditors whenever them goods or rights transferred not are necessary for the continuation of the activity professional or business and that its value reasonable, calculated according to it willing in the article 94.5, is equal or lower to the credit that is extinguished. If it is over, the difference must be integrated into the assets of the debtor. If it were assets pertaining to warranty, shall apply the provisions of article 155.4.
In no case the proposal may consist of global liquidation of the assets of the debtor for satisfaction of their debts or may alter the order of priority of claims legally established, except that deferred creditors consent expressly.
2. the proposal will include a payment plan with details of the resources provided for its implementation and a viability plan and will contain a proposal for regular compliance with new obligations, including, where appropriate, the fixing of an amount of food for the debtor and his family, and a plan for continuation of professional or business activity that would develop. Also will include copy of the agreement or request for postponement of appropriations of public law or, at least, of the dates of payment of the same, if they will not meet at their expiration periods.
3 within the ten calendar days after the submission of the proposed agreement by the mediator bankruptcy creditors, these may make alternative proposals or amendments. Expiry of the aforementioned period, the bankruptcy mediator be sent to creditors payments and final feasibility plan accepted by the debtor.
«4. the bankruptcy mediator shall immediately request the Declaration of bankruptcy if, before expiry of the period referred to in paragraph 3 of this article, decide not to continue negotiations with creditors representing at least the majority of liabilities that may be affected by agreement and the debtor is located in a situation of actual or impending insolvency.»
7. Amending article 238, which is worded as follows: «article 238. The settlement of payments.
(1. so the agreement extrajudicial of payments is consider accepted, will be necessary them following majorities, calculated on the whole of the passive that can result affected by the agreement: to) if had voted in favor of the same the 60 percent of the passive that could verse affected by the agreement extrajudicial of payments, them creditors whose credits not enjoy of warranty real or by the part of them credits that exceed of the value of the warranty real they will be subjected to waits, whether of principal, interest or any other amount owed, with a term not exceeding five years, to take away no more than 25 per cent of the amount of the credit, or the conversion of debt into equity loans during the same period.
(b) if had voted in favor of the same the 75 percent of the passive that could be affected by the agreement extrajudicial of payments, them creditors whose credits not enjoy of warranty real or by it part of them credits that exceed of the value of it warranty real, will be subject to them waits with a term of five years or more , but in no event more than ten, to take away superior to 25 per cent of the amount of credits, and other measures provided for in article 236.
2. If the proposed outside accepted by the creditors, the agreement is rise immediately to writing public, that will close the record that the notary had open. For the open by the mercantile Registrar or the Chamber of Commerce, industry, services and navigation, will be presented to the register writing copy so that the Registrar can close the record. By the notary, the Registrar or the Chamber of Commerce, industry, services and navigation will be communicated the closing of the record to the Court that would deal with the competition. Equally is will give has of the made by certification or copy sent to them records public of goods competent for the cancellation of the annotations practiced. It will also publish the existence of the agreement in the bankruptcy public record by means of a notice containing information that identifies the debtor, including your tax identification number, the Registrar or competent notary or the Chamber of Commerce, industry, services and navigation, file number for the appointment of the mediator, the mediator bankruptcy name, including your tax identification number , and the indication of that the record is to provision of them creditors interested in the record commercial, notary or camera official of trade, industry, services and navigation corresponding to the advertising of its content.
3. If the proposal was not accepted, and the debtor will continue in insolvency, bankruptcy mediator asked immediately the competent judge the Declaration of insolvency, that the judge will also agree to immediately. In your case, will urge also of the judge the conclusion of the contest by failure of mass active in them terms envisaged in the article 176 bis of this law.
4. the settlements of payment adopted by majorities and the requirements described in this title may not be subject to insolvency rescission in an eventual insolvency proceedings later.»
8. Gets an article 238 bis with the following wording: «article 238 bis.» Extension subjective.
1. the content of the settlement linked to the debtor and the creditors described in paragraph 1 of the preceding article.
2. creditors with security, on the other hand his credit not exceeding the value of the guarantee, are only bound by the agreement if they had voted in favour of the same.
3 However, collateral creditors who have not accepted the agreement, on the part of their claims not exceeding the value of the guarantee, will be linked to the measures envisaged in the letters a) and b) of paragraph 1 of the preceding article, always that they have been agreed, with the scope that is appropriate, by the following majorities ((, calculated depending on the proportion of the value of them guarantees acceptors on the value total of them guarantees granted: to) of the 65 percent, when is try of them measures provided for in the paragraph 1 to) of the article earlier.
"((b) 80 per cent, in the case of the measures referred to in paragraph 1 (b)) of the preceding article."
9. Amending paragraphs 2 and 4 of article 239, which are written in the following terms: "2. the challenge does not suspend the execution of the agreement and only you can based on lack of concurrence of majorities required for the adoption of the agreement, taking account, where appropriate, to creditors who must attend, had not been convened, in the overcoming of the limits set by article 236.1 or disproportion of the agreed measures.» «» 4. the judgment of annulment of the agreement will be published in the bankruptcy public record."
10. Amending article 240, which is worded as follows: «article 240. Effects of the agreement on the creditors.
1. any creditor affected by the agreement may start or continue executions against the debtor by debt previous to the communication of the opening of the record. The debtor may request cancellation of the corresponding embargoes of the judge who had ordered them.
2. by virtue of the settlement, the credits will be deferred, referred or extinguished in accordance with what has been agreed.
3. the creditors who had not accepted or who had shown their dissatisfaction with the settlement of payments and are affected by it, will keep their rights against the forced jointly and severally with the debtor and in front of his sureties or guarantors, who may not invoke the approval of the settlement to the detriment of those.
4. with respect to creditors who have signed the out-of-court agreement, the maintenance of their rights against others obliged, sureties or guarantors, will depend on what had been agreed in the respective legal relationship.»
Eleven. Amending paragraph 2 of article 241, which is worded as follows: ' 2. If the settlement payments were entirely fulfilled, the bankruptcy mediator shall it notarized to be published in the bankruptcy public record. "
12. Amending article 242, which is worded as follows: «article 242. Specialties of the consecutive contest.
1 it will be considered consecutive competition to be declared to request the mediator bankruptcy, the debtor or creditors by the failure to achieve a settlement of payments or for non-compliance.
Also it will be considered consecutive contest which is a consequence of the cancellation of the agreement out-of-court.
2 consecutive contest will be governed by the provisions for the procedure abbreviated with the following specialties: 1st if the contest application formulare it debtor or insolvency mediator, should be accompanied by an advance agreement proposal or plan of liquidation shall be governed, respectively, by the provisions of chapters I and II of title V.
(To the request formulated by the mediator bankruptcy is will accompany, also, them following documents: to) the report to is concerns the article 75, to which is will give it advertising planned in the article 95, a time elapsed the term of communication of credits and prior incorporation of the corrections that were necessary.
(b) in case of contest of person natural, must, also, to pronounce is on the concurrency of them requirements established legally for the benefit of the exemption of the passive dissatisfied in them terms expected in the article 178 bis or, where appropriate, on the opening of it section of rating.
If someone other than bankruptcy mediator on the shoulders of the charge of bankruptcy administrator or the contest application was brought by the debtor or by a creditor, article 75 report must be made within ten days of the course of the term of credits communication.
If the competition had commenced at the request of creditors, the debtor may present an early proposal for a Convention or a plan of liquidation within the fifteen days following the Declaration of insolvency.
2nd except for just cause, the judge shall designate the contest administrator bankruptcy mediator in the order of Declaration of insolvency, who may not perceive by this concept more remuneration than that had been fixed him in out-of-court mediation record. In the consecutive contest cease to govern the principle of confidentiality for the bankruptcy mediator who continue with the bankruptcy administrator functions.
The appointment of administrator, whether or not designated bankruptcy mediator, shall be carried out by the Court in the order of Declaration of insolvency.
3rd will have also the consideration of credits against the mass the expenses of the record extrajudicial and them others credits that, according to the article 84, have such consideration and is had generated during the processing of the record extrajudicial, that not had been satisfied.
4th the term of two years for the determination of them acts cancellable is will be from the date of the request of the debtor to the recorder mercantile, notary or cameras official of trade, industry, services and navigation.
5th do not need to apply for recognition holders of credits that had signed the settlement.
6th creditors may challenge the report of the bankruptcy administration pending challenge pursuant to provisions of article 191.4 within the period prescribed in article 96.
7 if any admitted to processing the proposed Convention early, the processing referred to in article 191 bis will be followed.
8th if the debtor or the mediator had requested the liquidation, and in cases of inadmissible admissible, lack of presentation, lack of approval or failure to comply with the proposed advance agreement, opens necessary and simultaneously the phase of settlement that will be governed by the provisions of title v If the debtor had not done so, the bankruptcy administrator will present a plan of liquidation in the non-extendable term of ten days from the opening of the liquidation phase.
He concursado and them creditors, within the term of allegations to the plan of liquidation, may formulate also observations on the concurrency of them requirements required to agree the benefit of the exemption of the passive dissatisfied of the concursado person natural. The creditors also may request, through written reasoned, the opening of the section of qualification.
9 in the case of debtor natural person, if the contest is qualify how fortuitous, the judge at the conclusion of competition car will declare the exoneration of unsatisfied liabilities in liquidation, provided that the requirements are met and the effects of article 178 bis.»
Thirteen. Added an article 242 bis, with the following wording: «article 242 bis.» Specialties of the agreement out-of-Court of payments from people natural not entrepreneurs.
1. the settlement of payments from natural persons not entrepreneurs shall be governed by the provisions of this title with the following specialties: 1 the application shall be submitted before the notary of the domicile of the debtor.
2nd the notary, once verified the adequacy of the documentation provided and the origin of the negotiation of the settlement of payments shall, ex officio, communicate the opening of negotiations to the competent court for the Declaration of the contest.
3rd the notary will boost the negotiations between the debtor and its creditors, and may designate, if it estimated suitable or it requests the debtor, a mediator bankruptcy. The appointment of the mediator bankruptcy must be made within five days of reception by the notary of the request of the debtor, and the mediator accept the office within a period of five days.
4th the performances notarial or registration described in the article 233 not shall accrue compensation tariff any.
5 the term for the verification of the existence and amount of the credits and perform the convocation of the meeting between debtor and creditors shall be fifteen days from notification to the notary of the application or of ten days from the acceptance of the charge by the mediator, if he has been appointed mediator. The meeting should celebrate is in a period of thirty days from your call.
6 the settlement proposal shall be sent at least fifteen calendar days of the date scheduled for the meeting, allowing creditors send proposals, alternative or modified within ten calendar days after receipt of that.
(((7th the proposal of agreement only may contain the measures planned in the lyrics to), b) and c) of the article 236.1.
8 the period of suspension of execution provided for in Article 235 shall be two months from the communication of the opening of the negotiations to the Court except that, previously, will adopt or reject the settlement of payments or took place the Declaration of insolvency.
9th if to the term of the term of two months the notary or, in your case, the mediator, considered that not is possible reach an agreement, will urge the contest of the debtor in the ten days following, sending to the judge a report reasoned with their conclusions.
10th consecutive contest opens directly in the liquidation phase.
2. regulations shall be determined regime of liability of notaries not entrepreneurs involved in the settlements of payments from natural persons. Their remuneration shall be provided for bankruptcy mediators'
Third party. Other modifications.
One. Amending paragraph 5 of article 92, which is worded as follows: «5 credits that would be incumbent one especially related to the debtor which referred to the following article, except falling within article 91.1. when the debtor is a natural person and credits different loans or acts with analogous purpose which are titular members referred to in article 93.2.1. º and» 3rd who meet the conditions of participation in the capital there are indicated.
Credits excepted from this rule for food born and expired before the Declaration of insolvency which shall be regarded as ordinary credit.»
Two. ((Added new three-letter m), n) and n) in paragraph 2 of the second additional provision, "Special regime applicable to credit institutions, investment firms and insurance companies", with the following wording: «m) the law 35/2003, 4 November, collective investment institutions.»
n) La Ley 22/2014, from 12 November, by which regulate venture capital entities, other collective investment of closed type and the management companies of collective investment of closed-type institutions, and by amending the law 35/2003, 4 November, collective investment institutions.
n) the text revised the law of regulation of plans and pension funds, approved by Royal Legislative Decree 1/2002 of November 29.»
Room. Remuneration of the management bankruptcy.
One. (The first paragraph and the letters b) and (c)) of article 34 paragraph 2 are drawn up in the following terms: «2. remuneration of insolvency administration is determined by a tariff which would be adopted by regulation and that attend to the number of creditors, to the accumulation of contests, the size of the contest according to the classification considered for the purposes of the designation of the bankruptcy administration and functions that actually perform the bankruptcy administration» «, provided for in article 33.»
«(b) limitation. The maximum total amount that the bankruptcy administration may be levied for their role in the contest will be the lesser of the following two: i) the amount resulting from multiplying the asset of the debtor by a 4 per cent.
(ii) one million five hundred thousand euros.
However, the judge reasoned way and heard parts, it may approve remuneration exceeding the previous limit when the complexity of the competition the costs incurred by the bankruptcy administration justify it, without that in no case may exceed 50 per cent of that limit.
(c) effectiveness. In those competitions that concluded by the inadequacy of the mass active to suit credits against the mass, will guarantee the payment of a minimum remuneration through an account of tariff guarantee, which will be provided with the compulsory contributions of the bankruptcy administrators.»
Two. Added an article 34 bis with the following wording: «article 34 bis.» Opening of the account of warranty tariff.
1. is will constitute a unique has of warranty tariff, that is will provide with them contributions mandatory to perform by them administrators bankruptcy and that will depend of the Ministry of Justice.
«2. the operation of it has is governed by it established in this law and in few standards are handed down in its development».
3. Is adds an article 34 ter with the following wording: «article 34 ter.» Regime of the counts of warranty tariff.
1. the unique people authorized to have of them funds existing in it has of warranty tariff will be them Secretaries judicial of them judged with competition in matter bankruptcy.
2. them secretaries manage it has and control them income and them charges through the application computer of ownership of the Ministry of Justice that this determine and that must be validated by the Council General of the power Judicial and by the Attorney General of the State. The application shall have appropriate mechanisms for control and security and must guarantee the authenticity, confidentiality, integrity and availability of data, allowing the provision of funds through the issuance of telematic transfer orders and commands of payment, as well as provide information about the movements and balances of the accounts.
3. in them cases of lack of media computer adequate or impossibility technical occurring, is may issue commandments of payment u orders of transfer of form manual using them printed standard, and taking care in these cases them Secretaries judicial of the control of them commandments u orders so issued.
4. the book of registration of the account shall be obtained from the own computer application.
5. the Ministry of Justice may monitor the status of account tariff guarantee by the application software developed for this purpose by credit awarded institution».
Four. Added an article 34 quater with the following wording: «article 34 quater. Provision of tariff guarantee account and obligations of communication.
1 amounts to enter tariff guarantee account shall be calculated on earnings that actually perceives each bankruptcy administrator for his performance in the competition by applying the following percentages: i) a 2.5 per cent by the obtained remuneration which is found between the 2,565 euros to 50,000 euros.
II) a 5 per cent by the obtained remuneration which is found between the 50.001 euros and 500,000 euros.
III) a 10 per cent by the obtained compensation that exceeds 500.000 euros.
2. within them five days working following to the of the perception effective of any class of retribution, it administration bankruptcy must enter in it has of warranty tariff them contributions mandatory established in the paragraph previous, calculated on the amounts effectively perceived. Simultaneously, the bankruptcy administration or each of the bankruptcy administrators shall give account to the clerk of the Court where the competition of the entered amount is processed.
3. are excluded of the obligation of endowment of it has them administrators bankruptcy whose remuneration not scope for the set of the contest them 2,565 euros, or those that have right to be unselfish with charge to the referred has.
4. the bankrupt or any other third party who pay any kind of retribution to the bankruptcy administration is obliged to communicate this fact to the clerk of the Court before which transacts the contest, indicating the amount paid and the date of payment. Equal obligation will fall on the Administration bankruptcy with regard to the remuneration of any class that can perceive.
5. regulations will be regulated guarantee tariff account distribution regime.»
Article 2. Modification of the Royal Decree-Law 6 / 2012, of 9 of March, of measures urgent of protection of debtor mortgage without resources.
It is modified in the following terms the Royal Decree-Law 6/2012 March 9, concerning urgent measures for protecting mortgage debtors without resources: one. He paragraph 1 of the article 3, is drafted of the following mode: «(1. is considered located in the threshold of exclusion those debtors of a credit or loan guaranteed with mortgage on its housing usual, when fulfilled in them all them circumstances following: to) that the set of them income of them members of the unit family not exceed the limit of three times the indicator public of income of effects multiple annual of fourteen pay.» For this purpose the composed of the debtor's non-separated spouse family unit means legally or in fact registered couple and the children, regardless of their age, residing in the dwelling, including those linked by a relationship of custody, guardian, or foster.
He limit planned in the paragraph previous will be of four times the indicator public of income of effects multiple annual of fourteen pay if any of them members of the unit family have declared disability upper to the 33 percent, situation of dependency or disease that you disable certified of form permanent for perform an activity labour, or of five times said indicator in the event that a mortgagor is person with cerebral palsy, mental illness or intellectual disability, with a degree of disability recognized equal to or greater than 33 percent, or disabled person physical or sensory, with a recognized degree of disability equal to or greater than 65 per cent, as well as in cases of serious illness that incapacitate certified , to the person or to their caregiver, to perform an activity work.
(b) that, in the four years prior to the time of the request, the family unit has suffered a significant deterioration of their economic circumstances, in terms of access to housing effort, or have occurred in this period family circumstances of particular vulnerability.
These purposes means that there has been a significant change in economic circumstances when the effort that represents the mortgage burden on family income has multiplied by at least 1.5; unless the entity certifying that the mortgage load at the time of the granting of the loan was equal to or greater than the mortgage burden at the time of the request for the application of the code of good practice.
It is understood that they are in a family circumstance of particular vulnerability: 1 large family, in accordance with the legislation in force.
2. single-parent household with two dependent children.
3rd the unit family of which form part a lesser of three years.
4th the family unit in which some of its members have declared disability over 33 per cent, situation of dependence or illness that incapacitate him permanently, of accredited form, to perform a work activity.
(5 the debtor more of 60 years, although not gather them requirements to be considered unit family according to it planned in the letter to) of this number.
(c) that the mortgage fee is greater than 50 per cent of net revenues that perceive the whole of the members of the family unit. That percentage will be 40 per cent where any of these members is a person in which concur the circumstances envisaged in the second paragraph of the letter a).
«(A efectos de las letras a) and b) above, shall be deemed that pensioners of Social Security having recognized a degree of total permanent disability pension, absolute or serious disability, and pensioners of passive classes having recognized a pension retirement or retirement for permanent service or uselessness disability present a grade equal to or higher than the 33 per cent disability.»
Two. Paragraphs 2 and 3 of article 5 are written in the following way: «2. the implementation of the code of good practice will be extended to mortgages constituted as collateral for loans or credits, when the purchase price of the property mortgaged does not exceed 20 per cent of which would result from multiplying the extension of the building, by the average price per square meter for free housing that the elaborate index of housing prices by the» Ministry of promotion for the year of acquisition of the good property and the province in that is based said well, with a limit absolute of 300,000 euros. The property acquired before the year 1995 will take as price half of reference the relative to the year 1995.
However, only be entitled to the measures envisaged in paragraph 3 of the code mortgages constituted as collateral for loans or credits awarded, when the purchase price of the property mortgaged does not exceed that would multiply the extension of the building, by the average price per square meter for free housing that the housing prices index drawn up by the Ministry of public works for the year of acquisition of the property and the province in which it is based said, with an absolute limit of 250,000 euros. Real estate acquired before the year 1995 taken as average price reference to the year 1995.
3. the entities shall membership to the General Directorate of the Treasury and financial policy."
3. A new paragraph iv enters the letter b) of point 1 of the annex, with the following wording: «iv. In any case, is inaplicarán with indefinite restrictive clauses of the lowering of the interest rate provided for mortgage loan contracts."
Article 3. Modification of law 1/2013, May 14, measures to strengthen the protection of mortgage borrowers, restructuring debt and social rental.
Paragraphs 1, 2 and 3 of article 1 of the law 1/2013, of May 14, measures to strengthen the protection to mortgage borrowers, restructuring debt and social rental, are written as follows: ' 1. up to four years after the entry into force of this law, shall not release when a judicial or extrajudicial foreclosure process would have awarded the creditor» , or a person acting on their own, the residence of persons who are in cases of particular vulnerability and the economic circumstances referred to in this article.
2 cases of special vulnerability that referred to in the previous paragraph are: to) large family, in accordance with the legislation in force.
(b) single-parent family unit with two dependent children.
(c) family unit of which it forms part a child of three years.
(d) a family unit in which some of its members have declared disability over 33 per cent, situation of dependence or illness that incapacitate you certified on a permanent basis to perform a work activity.
(e) family unit in which the mortgagor is unemployed and has exhausted unemployment benefits.
f) family unity that live together in the same House, one or more persons which are linked with the holder of the mortgage or your spouse by bond of kinship to the third degree of consanguinity or affinity, and are in a personal situation of disability, dependence, serious illness that incapacitate them certified of is temporarily or permanently to perform a work activity.
(g) family unity where there is a victim of gender-based violence, in accordance with the legislation in force, in the case that housing subject to launch constitute their usual domicile.
(h) the debtor more of 60 years.
3 to make it application as provided in paragraph 1 shall attend, in addition to the assumptions of special vulnerability provided in the preceding paragraph, the following economic circumstances: to) that the whole of the income of the members of the family unit does not exceed the limit of three times the indicator public of annual income of multiple effects of fourteen pay. ((Said limit will be of four times the indicator public of income of effects multiple annual of fourteen pay in them alleged planned in them lyrics d) and f) of the paragraph earlier, and of five times said indicator in the event that the executed is person with paralysis cerebral, with disease mental or with disability intellectual, with a grade of disability recognized equal or superior to the 33 percent , or disabled person physical or sensory, with a recognized degree of disability equal to or greater than 65 per cent, as well as in cases of serious illness that incapacitate the person or their caregiver, certified, to perform a work activity.
(b) that, in the four years prior to the time of the request, the family unit has suffered a significant deterioration of their economic circumstances, in terms of access to housing effort.
(c) that the mortgage fee is greater than 50 per cent of net revenues that perceive the whole of the members of the family unit.
"(d) which concerned a credit or secured loan with mortgage which falls on single housing on the debtor's property and granted for the acquisition of the same."
TITLE II other measures of social order CHAPTER I measures in the field of tax and the public administration article 4. Modification of law 35/2006 of 28 November, personal income tax and partial modification of the tax laws tax, non-resident income and on capital.
With effect from 1 January 2015 are introduced the following changes in law 35/2006 of 28 November, personal income tax and partial modification of the tax laws tax, non-resident income and on capital: one. Amending paragraphs 1 and 2 of article 81 bis, which are written in the following way: for each descendant with disabilities entitled to the application of the minimum by descendants, provided for in article 58 of this» Law, up to 1,200 euros per year.
(b) by each parent with disabilities entitled to the application of the ascendants minimum laid down in article 59 of this law, up to 1,200 euros per year.
c) for being a parent or sibling orphaned of father and mother, that is part of a large family in accordance with the law 40/2003, of 18 November, protection of large families, or be a separate parent legally or without wedlock, with two sons without entitled to annuities for food and which is entitled to the entirety of the minimum laid down in article 58 of this law , up to 1,200 euros per year.
In the case of large families of special category, this deduction will increase by 100 percent. This increase is not taken into account for the purposes of the limit referred to in paragraph 2 of this article.
May also lower the differential fee from the tax deductions provided for in earlier taxpayers who receive benefits tax and welfare system of unemployment protection, pensions paid by the regime of General and special Social security schemes or by the passive classes of the State regime, as well as taxpayers who receive benefits similar to the recognized above practitioners not integrated in the special regime of the Social security of workers on behalf own or autonomous by the mutualities of social welfare to act as alternatives to the Special Social security scheme mentioned, insofar as it is performance by identical situations to those provided to the corresponding Social Security pension.
When two or more taxpayers have right to the application of any of them previous deductions with regard to a same descendant, ascendant or family numerous, its amount is prorated between them by parts equal, without prejudice of it willing in the paragraph 4 of this article.
2. deductions shall be calculated in proportion to the number of months in which requirements referred to in paragraph 1 above are met simultaneously, and will limit for each of the deductions, in the case of taxpayers referred to in the first subparagraph of paragraph 1 above, the contributions and total contributions to Social Security and mutual earned in each tax period. Still, if I had the right to the deduction provided for in subparagraphs a) or b) of the previous paragraph concerning several ascendants or descendants with disabilities, cited limit shall apply independently for each of them.
For the purposes of the calculation of this limit contributions and fees will be calculated by their full amounts, without taking into account bonuses that could correspond.»
Two. Add a new second forty additional provision, which is worded in the following way: «forty second additional provision. Procedure so that taxpayers who receive certain benefits apply the deductions provided for in article 81 bis and should be paid them in advance.
1. taxpayers who receive benefits to that referred to in the sixth paragraph of article 81 paragraph 1 bis of this law can enjoy deductions regulated in that paragraph and perceive them in advance in the terms provided for in article 60 bis of the regulation of the tax on the income of the physical persons, with the following specialties (: a) for the purposes of the computation of the number of months for the calculation of the amount of the deduction, requirement of the above benefits shall be fulfilled when such benefits are received in any day of the month, and the requirement of registration in the corresponding regime of Social security or mutual shall not apply.
(b) the taxpayer entitled to the application of these deductions may apply to the State tax administration agency subscriptions in advance for each of the months in which such benefits are received.
(c () will apply the limit laid down in paragraph 1 of article 60 bis of the regulations of the tax or, in the case that had given in his favor the right to deduction, the letter c) of paragraph 5 of article 60 bis of the tax regulation.
2. the utility of government employment, Social Security and mutual alternatives to the Social Security social welfare organizations and any other body that paid benefits and pensions referred to in the sixth paragraph of paragraph 1 of article 81 bis of this law, shall be obliged to provide electronically to the State tax administration agency during the first ten days of each month the data of persons who they have satisfied the above benefits or pension during the previous month.
The format and content of the information will be that, at each moment, affixed to the electronic site of the Agencia Estatal de Administración Tributaria online.
3. the provisions of paragraph 1 of this additional provision, as well as the time, content and format of the disclosure statement referred to in paragraph 2 of this additional provision, may be amended by law.»
3. Added a new third forty additional provision, which is worded in the following way: «forty third additional provision. Exemption of income derived by the debtor in bankruptcy proceedings.
Shall be exempt from this tax income derived by the debtors that are highlighted as a result of auctions of debt, laid down in an agreement approved judicially in accordance with the procedure laid down in law 22/2003 of 9 July, and take away bankruptcy, in a judicially approved refinancing agreement that referred to in article 71 bis and fourth additional provision of the law in an out-of-court settlement of payments referred to in Title X, or as a result of exemptions of unsatisfied liabilities referred to in article 178 bis of the same Act, provided that debts do not arise from the exercise of economic activities."
Article 5. Modification of the law 7 / 2007, of 12 of April, of the Statute basic of the employee public.
Law 7/2007, of 12 April, the Basic Statute of the public employee, is modified in the following terms: one. Paragraph 1 of article 35 is drawn up in the following way: «1. the tables to refer articles 34, 36.3 and additional provision thirteenth of this Statute shall be validly constituted when, in addition to the representation of the corresponding administration, and without prejudice to the right of all the trade union organizations that are entitled to participate in them in proportion to their representation» «, such unions represent, at a minimum, the absolute majority of the members of unit representative bodies in the area concerned.»
Two. Introduces a new thirteenth additional provision with the following wording: «thirteenth additional provision. Tables of negotiation in specific areas.
1 for the negotiation of the working conditions of the staff officer or statutory of their respective fields, following negotiation tables will be: to) non-university teaching staff, for the issues that must be negotiated within the area of competence of the Ministry of education, culture and sport.
(b) of the staff of the administration of Justice, to the issues that must be negotiated within the area of competence of the Ministry of Justice.
(c) of the personal statutory of them services of health, for the issues that should be object of negotiation covered in the field competence of the Ministry of health, services social e equality and that will assume them powers and functions planned in the article 11.4 of the Statute frame of the personal statutory of them services of health. Table is referred to as "Scope of negotiation".
2. Besides the representation of the Administration General of the State, shall constitute these tables of negotiation, them organizations Union to which is refers the paragraph second of the article 33.1 of this Statute, whose representation is will distribute depending on them results obtained in them elections to them bodies of representation own of the personal in the field specific of the negotiation that in each case corresponds considered at the State level."
Article 6. Modification of the Real Decree-Law 20 / 2012, of 13 of July, of measures to ensure the stability budget and of promotion of the competitiveness.
Article 12 of the Royal Decree-Law 20/2012, July 13, measures to ensure the budgetary stability and promotion of competitiveness, is drawn up in the following way: «article 12. Determination of electoral units in the General Administration of the State and the administration of Justice.
(1. in compliance of it willing in the article 39.4 of the law 7 / 2007, of 12 of April, of the Statute basic of the employee public, in the field of the Administration General of the State is will choose a Board of Personal in each an of them following units electoral: to) a by each one of them departments Ministerial, included in them their bodies autonomous Managing bodies and services of the Social Security Administration and all provincial services in Madrid.
(b) a by each agency, entity public u body not included in the letter earlier, for all them services that have in the province of Madrid.
(c) one in each province, excluding the in Madrid, and in the cities of Ceuta and Melilla, in the delegation or subdelegation of the Government, which include the autonomous bodies, agencies falling within the scope of law 28/2006, of July 18, the management entities and common services of the Social Security Administration and the administrative units and services all the ministerial departments in a same province provincial , including those officials civilians that provide services in the Administration military.
(d) one for each entity or public body, not included in the previous letter, for all services in a province or in the cities of Ceuta and Melilla.
(e) a for them officials destined in the missions diplomatic in each country, representations permanent, offices consular e institutions and services of the administration of the State in the foreigner.
(f) one in each province and in the cities of Ceuta and Melilla, for statutory public health services staff.
(g) a for the personal teaching of the centers public not University, in each an of the cities of Ceuta and Melilla.
(2 in those electoral units referred to in the preceding paragraph, with the exception of the referred in the letter d), which do not reach the minimum of 50 officials, these will have its representation on the Board of staff of the Department to which was attached the body or administrative unit concerned.
In the provincial electoral units laid down in the letter d) that do not reach the minimum of 50 officials, these will have its representation on the Board of staff of Madrid of the agency or public entity that corresponds.
3. in the administration of Justice, will be elected a Board of staff in every province and in the cities of Ceuta and Melilla, to the personal staff at your service. In addition to the above, another staff meeting for the staff assigned to the central organs of the administration of Justice will elect in Madrid.
4 election to representatives of the workforce at the level of the General Administration of the State and the administration of Justice, not transferred, shall constitute a single work center: to) all the units or establishments of each Ministerial Department, including in them the corresponding to its autonomous bodies, management entities and common services of the Social Security Administration and all its provincial services , in Madrid.
(b) all of the units or establishments in the province of Madrid from each of the agencies within the area of application of law 28/2006, agencies or public bodies not included in the previous letter and the dependents of the administration of Justice.
(c) all units or establishments to the service of the General Administration of the State, its autonomous bodies, management entities and services common to the Social Security Administration and agencies falling within the scope of law 28/2006 that are in a same province, excluding the Madrid, or in the cities of Ceuta and Melilla. Dependent on the administration of Justice establishments and units are included in this section.
(d) it shall constitute, also a single work center all of the settlements of each entity or public body not included in earlier letters, living in a same province or in the cities of Ceuta and Melilla.
5. it prepared in this article will produce effects to the produce is the expiration of the mandates electoral currently in force.
«6. in all case them new units electoral will enter in force the 1 of March of 2015, date in that all them mandates in force or carried over is have extinguished as consequence of the choice of them new bodies of representation, election that must produce is in the term of 10 months from the date indicated.»
Article 7. Modification of law 27/2014 November 27, from corporate income tax.
With effects for the tax periods starting from 1 January 2015, amending paragraph 3 of article 124 of law 27/2014, of 27 November, the corporation tax, which is worded as follows: «3. taxpayers referred to in paragraphs 2, 3 and 4 of article 9 of this law shall be obliged to declare all of their income» exempt and non-exempt.
Still, taxpayers referred to in paragraph 3 of article 9 of this law will not required to file a declaration when they meet the following requirements: to) that their total income does not exceed 50,000 euros per year.
(b) that the income corresponding to incomes not exempt does not exceed 2,000 euros annual.
«(c) that all the rents not exempt that gain are subject to retention.»
CHAPTER II measures relating to the promotion of the employment indefinite, the employment autonomous and the protection social agrarian article 8. Minimum exempt of quote to the Security Social to promote the creation of employment indefinite.
1. in them alleged of recruitment indefinite in any of its modalities, provided is meet them conditions and requirements established in this article, the contribution business to the quote to the Security Social by contingencies common is will determine according to them following rules:
(a) if the employment is full time, the first 500 euros for the contribution for common contingencies each month base shall be exempt from the application of the contribution rate in the part corresponding to the company. To the rest of the amount of the base you will be applicable the type of quote existing in each moment.
((b) if the hiring is part time, when the working day is, at least, equivalent to 50 percent of the day of a comparable full-time worker, the amount indicated in the letter to) shall be reduced in proportion to the percentage of reduction in working hours of each contract.
2. the benefit in the quote provided for in this article will consist of a bonus when indefinite hiring occurs with workers enrolled in the national system of youth guarantee that comply with the requirements laid down in article 105 of the law 18/2014, October 15, of adoption of urgent measures for growth, competitiveness and efficiency , and a reduction for the remainder of contract workers.
3. the benefit in the quotation shall apply for a period of 24 months, computed from the date of effect of the contract, which shall be formalized in writing, and with regard to those held between the 1 March 2015 and August 31, 2016.
Completion of the period of 24 months, and over the following 12 months, companies that at the time of the agreement that applies this benefit in the quote with less than ten workers will be entitled to keep the rebate or reduction, although during this new period will be exempt from the application of the contribution rate to the first 250 euros of the basis of quotation or proportionally reduced amount which corresponds in the case of part-time hiring.
When the dates of the high and of the low of the worker in the regime of Security Social that corresponds not are matching with the first or the last day of the month natural, the amount to which is apply the benefit to is concerns this article will be proportional to the number of days in high in the month.
4 to benefit from the provisions of this article, companies must meet the following requirements: to) find to date in fulfilling their tax obligations and Social Security, both at the date of discharge of workers as during the implementation of the corresponding benefit. If during the period of bonus or reduction exist a breach, total or partial, of such obligations in term regulatory, is will produce the loss automatic of the benefit with regard to the quotas corresponding to periods not admitted in said term, having is in has such periods as consumed for the purposes of the computation of the time maximum of bonus or reduction.
(b) not have extinguished contracts of employment, either for objective reasons or disciplinary dismissals which have been declared legally inadmissible, either for collective dismissals that have been declared not adjusted right, in the six months prior to the contracts that are entitled to the benefit referred to in this article. The exclusion of the right to the allowance or reduction for non-compliance with this requirement will affect a number of contracts equivalent to produced extinctions.
(c) hold permanent contracts involving an increase of indefinite employment and total employment of the company. To calculate this increase, they shall refer the daily average of workers who have served on the company in the 30 days prior to the conclusion of the contract.
(d) keep for a period of 36 months, counting from the date of effects of the indefinite contract with application of the rebate or reduction, both indefinite employment as total employment reached, at least with this procurement.
You will examine the level of indefinite-term employment and total employment every twelve months. To do this, the average number of permanent workers and average workers totals for the month in which proceed to examine the fulfilment of this requirement will be used.
For the purpose of examining the level of employment and its maintenance in the company, shall not be taken into account extinctions of employment contracts due to objective or disciplinary dismissals which have not been declared inadmissible, the collective dismissals that have not been declared not adjusted right, as well as extinctions caused by resignation, death or total and permanent disability absolute or major disability workers or by the expiry of the agreed time or completion of the work or service object of the contract, or resolution during the trial period.
(e) not have been excluded from access to the benefits derived from the implementation of employment programmes by the Commission of the offence serious offences very serious of articles 16 and 23 of the revised text of the law on offences and sanctions in the social order, approved by Royal Legislative Decree 5/2000 or article 22.2 , 4 August, in accordance with the provisions of article 46 of this law.
5 the benefit in the quote provided for in this article shall not apply in the following cases: to) relations of special character provided for in article 2 of the text of the law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, or in other legal provisions.
(b) contracts relating to the spouse, ascendants, descendants and other relatives by consanguinity or affinity up to the second degree inclusive, of the employer or of those who have the business control, hold leadership positions or are members of the administrative bodies of the entities or companies which shall take the form of society, as well as which occur with the latter.
Exception of the provisions in the preceding paragraph, the recruitment of children who fulfil the conditions laid down in the additional provision ten of law 20/2007, of July 11, of the Statute of the autonomous work.
(c) recruitment of workers whose activity determine their inclusion in any of the special systems established in the General regime of the Social Security.
(d) hiring of employees that exceptionally can take place on the terms laid down in articles 20 and 21 as well as the additional provisions fifth tenth to seventeenth of law 36/2014, of 26 December, General State budgets by the year 2015, and equivalent precepts of later laws from the State budget.
(e) recruitment of workers who had been hired in other companies of the Group of companies that form part and whose contracts had expired by objective causes disciplinary dismissals have been one or the other is judicially declared as irrelevant, or by collective dismissals that have been declared not adjusted right, in the six months prior to the contracts that are entitled to the reduction.
(f) recruitment of workers that in them six months previous to the date of the contract had lent services in the same company or entity through a contract indefinite.
Benefit is not applicable to the trading for supplementary hours performing part-time workers whose contracts give right to the same.
6. the application of the rebate or reduction referred to in this article shall not affect the determination of the amount of the economic benefits that may cause right affected workers, which shall be calculated by applying the full amount of the contribution base that corresponds to them.
7 the application of the benefit provided for in this article shall be incompatible with any other benefit on the contribution to Social Security in the same contract, regardless of the concepts that such benefits may affect, with the following exceptions: to) in the event that formalize the indefinite contract with beneficiaries of the national system of youth guarantee It will be compatible with the bonus established in article 107 of the Act 18/2014, October 15, adoption of urgent measures for growth, competitiveness and efficiency.
(b) in the event that the indefinite contract is formalized with beneficiaries of the employment programme of activation, it will be compatible with the economic help of accompanying those received, in the terms provided in article 8 of the Royal Decree-Law 16/2014, of 19 December, which regulates the employment programme of activation.
8 in the preceding paragraphs shall also apply in the case of people who join as worker-members or working in cooperatives, provided that they have opted for a system of Social security of workers employed, as well as to those who join as worker-members of the labour enterprises.
9. the implementation of this benefit in the quotation shall control and review for the public service of State employment, by the General Treasury of the Social Security and by the Inspectorate of labour and Social Security, in the exercise of functions that are respectively assigned.
10. in the event of misapplication of the respective benefit, by breaching the conditions laid down in this article, shall be the reinstatement of the quantities left enter the surcharge and the interest on arrears, in accordance with revenue rules of Social Security.
En_caso_de non-compliance with the requirement laid down in paragraph 4.d), it shall be without effect the rebate or reduction and diminishes to the repayment of the difference between the amounts for business contributions to the contribution for common contingencies that would have proceeded if not apply one and the contributions already made, in the following terms: 1 if non-compliance with the requirement of maintaining the level of employment occurs from the start date the implementation of the respective benefit until 12, shall return 100 percent of this difference.
2nd if the breach is produces from the month 13 and until the month 24, will correspond reintegrate the cited difference by the months that have elapsed since the month 13.
3rd if the breach is produces from the month 25 and until the month 36, will correspond reintegrate the cited difference by the months that have elapsed since the month 25.
In the case of reinstatement for breach of the requirement in section 4.d), will be performed in accordance with revenue rules of Social security provisions, shall not demand surcharge and interest on arrears.
The obligation of reinstatement under this paragraph is understood without prejudice to the provisions of the revised text of the law on offences and sanctions in the social order.
11. the bonus will be financed with charge to the appropriate budget heading of the public State employment service, and will be co-financing with charge to the European Social Fund as it meets the requirements, and the reduction will be financed by income from the Social security budget.
Article 9. Modification of law 20/2007, of July 11, of the Statute of the autonomous work.
Is adds a new article 30 to the law 20 / 2007, of 11 of July, of the Statute of the work autonomous, with the following wording: «article 30.» Bonus to workers included in the special scheme for self-employed persons or independent conciliation of professional and family life related to hiring.
1. them workers included in the regime special of it security Social of workers by has own or autonomous will have right, by a term of until twelve months, to a bonus of the 100 by hundred of it share of autonomous by contingencies common, that is of apply to the base media that had the worker in them twelve months previous to the date in which is welcome to this measure (, the minimum contribution rate applicable at each time established in the aforementioned special regime in the following cases: to) for the care of children under 7 years are in charge.
b) have dependents family, by consanguinity or affinity up to the second degree inclusive, dependent, duly accredited.
(c)) have responsible family, by consanguinity or affinity up to the second degree inclusive, with cerebral palsy, mental illness or intellectual with a degree of disability disability recognized equal or superior to 33 percent or a physical or sensory with a degree of disability disability recognized greater than or equal to 65 per cent, when the disability is duly accredited provided that family told not to play a paid activity.
In the event that the worker wear less than 12-month high in the special scheme of the Social security of self-employed workers or self-employed, the average contribution basis shall be calculated from the date of discharge.
2. the application of the bonus in the previous section will be conditioned to stay high in the special scheme of the Social security of self-employed workers or self-employed and the hiring of a worker, full time or part-time, that must be maintained during the entire period of your enjoyment. In all case, the duration of the contract must be, at least, of 3 months from the date of home of the enjoyment of the bonus.
The hired worker will be occupied in professional activity that gives rise to the high in the system of Social security of the self-employed worker.
When is extinguished it relationship labor, even during the period initial of 3 months, the worker autonomous may benefit is of the bonus if hired to another worker by has alien in the term maximum of 30 days.
The part-time contract may be not held by a labor day less than 50 per cent of the day of a comparable full-time worker. If the recruitment is on time partial, it bonus planned in the paragraph 1 of this article will be of the 50 per cent.
3. in case of breach of the provisions of the preceding paragraph, the self-employed worker is obliged to reimburse the amount of the rebate enjoyed.
Not proceed the returned of the bonus when the extinction is motivated by causes objective or by dismissal disciplinary when a u another is declared or recognized as from, or in them alleged of extinction caused by resignation, death, retirement or disability permanent total, absolute or great disability of the worker or by resolution during the period of test.
Where appropriate the reinstatement will be limited exclusively to the part of the enjoyed bonus that was linked to the contract whose extinction has occurred in cases other than those provided for in the preceding paragraph.
In case of not keep is in the employment to the worker hired during, at least, 3 months from the date of home of the enjoy of the bonus, the worker autonomous will be forced to reintegrate the amount of the bonus enjoyed, unless, according to it willing in the paragraph previous, is appropriate to hire to another person in the term of 30 days.
Where the minor that gave rise to the allowance provided for in this article to reach the age of 7 years prior to the completion of the enjoyment of the bonus, this may be carried up to the planned maximum period of 12 months, provided that the other conditions are fulfilled.
In any case, self-employed worker who will benefit from the bonus provided for in this article shall keep in high Social security during the six months following the expiry of the period of enjoyment of the same. Otherwise the self-employed worker is obliged to reimburse the amount of the rebate enjoyed.
4 only self-employed workers lacking workers employees at the date of start of the application of the bonus and during the twelve months prior to the same shall be entitled to the bonus. It does not take into consideration the effects prior to the worker hired under contract of interim replacement of the self-employed worker during rest periods for maternity, paternity, adoption or foster care both pre-adoptive and permanent or simple, risk during pregnancy or risk during breastfeeding.
5. them beneficiaries of the bonus will have right to your enjoy a time by each one of them subject causing to its charge designated in the paragraph 1, whenever is met the rest of requirements provided in the present article.
6. the measure provided for in this article shall be compatible with the rest of incentives to hiring for employed persons, in accordance with the regulations in force.
(7. En lo no previsto expresamente, las contrataciones realizadas ael amparo de lo establecido en este artículo se regirán por lo dispuesto en el artículo 15.1.c) of the workers ' Statute and its implementing rules. "
CHAPTER III measures in the field of the administration of Justice article 10. Modification of the law 10/2012, on 20 November, which regulates certain rates in the field of the administration of Justice and the National Institute of forensic science and toxicology.
Law 10/2012, on 20 November, which regulates certain rates in the field of the administration of Justice and the National Institute of forensic science and toxicology, is hereby amended as follows: one. It modifies the article 4, that is drafted as follows: «article 4.» Exemptions from the fee.
1 exemptions the objective rate are constituted by: a) the interposition of demand and further proceedings in the case of procedures specially established for the protection of the fundamental rights and liberties, as well as the performance of the election administration.
(b) the application of contest voluntary by the debtor.
(c) the presentation of initial request for the order for payment procedure and demand for verbal trial in claim amount where the amount thereof does not exceed two thousand euros. This exemption shall not apply where these procedures exercised claim relies on a document having the title character Executive out-of-court in accordance with provisions of article 517 of the law 1/2000, of 7 January, of the code of Civil procedure.
(d) the filing of resources contentious when recourse in cases of negative administrative silence or inactivity of the administration.
(e) the filing of the demand for enforcement of awards rendered by the consumer arbitration boards.
(f) the actions that, in interest of the mass of the contest and prior authorization of the judge of it commercial, is filed by them administrators bankruptcy.
(g) procedures for the division Court of heritages, except in the cases in which opposition formulated or arise controversy over the inclusion or exclusion of goods, yielding rate by the verbal trial and for the amount that is discussed or the derivative of particional notebook challenge run by the opponent, and if both are opusieren in charge of each by its respective amount.
2 from the subjective point of view, are, in any case, exempt of this tax: to) individuals.
(b) legal persons who been recognized the right to legal aid, certifying that they meet the requirements for this in accordance with its regulatory.
(c) the Department of public prosecutions.
(d) the General Administration of the State, those of the autonomous communities, local authorities and dependent of all public bodies.
(e) the general courts and the legislative assemblies of the autonomous communities'.
Two. It deletes the paragraph second of the paragraph 2 of the article 6.
3. Is modifies the paragraph first of the paragraph 2, that is drafted as follows, and is deleted the paragraph 3 of the article 7: «2.» «It must be paid, in addition, the amount resulting from applying to the tax base determined pursuant to the provisions of the preceding article, the type of assessment that corresponds, according to the following scale.»
Four. Is adds a paragraph second to the paragraph first of the article 8, that is worded as follows: «However, not will have that present autoliquidación them subject to which is concerns the paragraph 2 of the article 4.»
First additional provision. Bankruptcy mediation functions.
(1. in accordance with it willing in them articles 5.3 and 21.1. i) of the law 4 / 2014, of 1 of April, basic of them cameras official of trade, industry, services and navigation, them cameras official of trade, industry, services and navigation in them terms provided in its normative specific as well as the camera official of trade, industry, services and navigation of Spain , may perform the functions of bankruptcy mediation provided for in Title X of the law 22/2003, of July 9, bankruptcy.
2. the mediation system developed by cameras should be transparent and the absence of conflicts of interest must be guaranteed. For this purpose, may constitute a Commission of over-indebtedness u organ equivalent, that must be composite, at least, by a person that meets them requirements required by the article 233.1 of the law bankruptcy, for exercise as mediator bankruptcy.
3. without prejudice to the functions outlined above, the official Chambers of Commerce, industry, services and navigation, in the terms laid down in the specific regulations, as well as the Chamber of Commerce, industry, services and navigation of Spain, may perform additional functions that allow to assist retailers in bankruptcy matters, such as the advice, preparation of requests for designation of mediator , of agreements extrajudicial of payments, preparation of the documentation, preparation of lists of creditors, credits and contracts, of evaluation prior of proposed of Convention and few others functions auxiliary is consider precise to them effects of facilitate them procedures in them procedures bankruptcy that appropriate comply to the debtor.
Second additional provision. Remuneration of the mediator bankruptcy.
1 the remuneration of the mediator bankruptcy shall be calculated in accordance with the following rules: to) the basis of compensation of the insolvency mediator shall be calculated by applying the percentages set out in the annex of the Royal 1860 Decree on the assets and liabilities of the debtor / 2004 of 6 September, which establishes the tariff of the bankruptcy administrators rights.
b) if the debtor is a natural person without economic activity, will apply a reduction of 70 percent on the basis of remuneration of the previous letter.
((c) if the debtor outside a person natural entrepreneur, is apply a reduction of the 50 percent on the basis of remuneration of the letter to).
((d) if the debtor is a partnership, will apply a reduction of 30 per cent on the basis of remuneration for the letter a).
(e) If is approved the agreement out-of-Court of payments, is apply a retribution complementary equal to the 0.25 per cent of the active of the debtor.
2. This provision shall apply until the remuneration regime of bankruptcy mediator to develop regulations.
Third additional provision. Representation of the debtor in the consecutive contest.
By derogation from the provisions of paragraph 2 of article 184 of the law 22/2003, of July 9, insolvency, representation by an attorney is not mandatory for the natural person debtor in the consecutive contest.
Fourth additional provision. Meter of solvency.
With the aim of facilitating that any interested party may have knowledge of your personal financial situation, there will be a software application on the website of the Ministry of economy and competitiveness accessible form confidential, free and telematics through which it can determine the situation of solvency that is for the purposes of the application of the provisions in title I of this Act.
Fifth additional provision. Impulse and coordination of the negotiation collective.
The Ministry of public administration will be represented at the tables of negotiation of non-university teaching staff, the staff of the administration of Justice and of the statutory staff of the health services, through the General Directorate of the public function.
The Ministry of public administrations shall take appropriate measures to promote and ensure the coordination of the negotiation of the administration through the various tables and fields.
Sixth additional provision. Evaluation of the operation of the tariff guarantee account.
After one year from the effective implementation of the tariff guarantee account, the Government will issue an evaluation of their performance and their adequacy report for the payment of the duties of administrators who do not afford is charged to the active mass of contests.
Available to transient first. Regime transition in matter bankruptcy.
1. the provisions of article 92.5. º of law 22/2003, of July 9, bankruptcy, in the wording given by this Act, shall apply to bankruptcy procedures in processing that has been submitted the final text of the report of the bankruptcy administration.
2. the obligation of submission of the application for the initiation of a settlement of payments in a standard form referred to in paragraph 2 of article 232 of the law 22/2003, of July 9, bankruptcy, in the wording given by this Act, shall apply upon approval of the order of the Ministry of Justice, which established standard forms.
3. paragraphs 3 and 4 of article 176 bis and the 178.2 articles and 178 bis of the Bankruptcy Act shall apply to competitions that are in the pipeline.
In competitions concluded by settlement or by failure of active mass prior to the entry into force of this law, the debtor may benefit from provisions of the articles 176 bis and 178 bis of the bankruptcy law, if the contest, instase again volunteer or necessary.
4 during the year following the entry into force of this law, shall not be enforceable, for the benefit of the exemption provided for in article 178 bis of the bankruptcy law, the requirement in paragraph 3.5. º IV) of the same.
5. during the year following the entry into force of this law, shall not be enforceable, to request a settlement payment, the requirement laid down in article 231.3.2. of bankruptcy law.
Second transitional provision. Rules for indefinite hiring formalized prior to March 1, 2015.
Benefits contributions to Social security which come enjoying for indefinite contracts entered into prior to the March 1, 2015, will be governed by the regulations in force at the time of its conclusion.
Third transitional provision. Tariff of the bankruptcy administrators rights.
Hasta_que adoption of the new regulatory development of article 27 of the law 22/2003, of July 9, bankruptcy, bankruptcy administration fee shall be governed by the provisions of the Royal Decree 1860 / 2004 of 6 September, establishing the tariff of rights of the bankruptcy administrators, with the following specialties: to) the amount resulting from the application of provisions of articles 4 and 5 of the Royal Decree 1860 / 2004 of 6 September, which establishes the tariff of the bankruptcy administrators rights will increase to 5 per cent for each of the cases listed in article 6.1 of the same Royal Decree, while the total increase can be higher than 15 per cent if the contest were classified as medium or above the 25 percent if it were described as large (, respecting in any case the limits established in article 34.2. b) of law 22/2003, of July 9, bankruptcy.
(b) the remuneration of the insolvency administrators professional during each of the first six months of the liquidation phase will be equivalent to 10 per cent of the remuneration approved for the common phase.
From the seventh month since the opening of the liquidation phase without that I would have finished this, the remuneration of managers for each of the successive months is equivalent to 5 per cent of the remuneration approved for the common phase.
Starting from the thirteenth month from the opening of the phase of liquidation the Administration bankruptcy not paid remuneration any unless the judge of way motivated and prior audience of them parts decide, attending to them circumstances of the case, extend said term. The extensions agreed will be quarterly and not may exceed in total the six months.
Fourth transitional provision. Transitional regime of payment charge tariff guarantee account.
Until it is approved according to the rules the distribution of account of guarantee tariff regime shall apply the following: 1. the maximum amount that may be levied through the account of tariff warranty for competition will be equal to the difference between effectively perceived remuneration and which had corresponded him in accordance with the tariff of the bankruptcy administration, once deducted if amounts that had been due go to own tariff guarantee account; and in any case with the limit of what is by dividing the total remitted to account of tariff guarantee for one year, more the remnants of previous years if any, between the number of administrators with the right to charge the account.
If the entered tariff guarantees for its annual distribution account does not cover the total compensation due to the administrators, the maximum amount to each of them through the account will keep the same ratio that represents the total credited to the account on the total outstanding.
2. the maximum amount which can be charged to the account of warranty tariff will be annotated in the account by the clerk of the Court within the fifteen days following the date of the car that declare the conclusion of the contest for mass failure.
3. Once determined the amount of the payments charged to the account of tariff warranty according to the rule in paragraph 1, the orders of transfer to the accounts specified by the bankruptcy administration will be out in electronics and automation, using the computer application, throughout the month of January of the year following that in which the right arose.
4. If a time made them payments existed a remnant, this is will retain to finance the payments of the year following.
Are repealed few provisions of equal or lower range is opposed to it provisions in this law and, of way specific, the article sixth. Two of the Decree 2766 / 1967, 16 November, whereby rules on benefits of health care and management in the General regime of the Social Security medical services, and the Royal Decree 1564 / 1998 of 17 July, which regulates the special agreement for health care in favor of Spanish workers who perform an activity on their own overseas.
Available end first. Modification of the text revised of the law of regulation of them plans and funds of Inns, approved by Royal Decree legislative 1 / 2002, of 29 of November.
Amending the additional provision seven of the text revised the law of regulation of plans and pension funds, approved by Royal Legislative Decree 1/2002, of 29 November, which is worded as follows: «seventh additional provision. Availability of the plans of Inns in case of procedure of execution on the housing usual.
During the period of four years from the entry into force of the law 1/2013, of May 14, measures to strengthen the protection to mortgage borrowers, restructuring debt and social rental, exceptionally, participants of pension plans may make effective their rights consolidated in the course of enforcement proceedings on the residence of the shareholder. (Regulations may regular is them conditions and terms in that may make is effective them rights consolidated in said so-called, and must attend at least them following requirements: to) that the participant is halle whom in a procedure of execution forced judicial, administrative or sale extrajudicial for the compliance of obligations, in which is has agreed proceed to the alienation of its housing usual.
(b) that the venturer not have other goods, rights or revenue sufficient to meet all of the debt subject to execution and prevent the alienation of the property.
(c) that the net amount of their rights consolidated in the plan or pension plan is sufficient to prevent the alienation of the property.
The bound duties refund will be included at the request of the shareholder, in a lump sum in the amount necessary to avoid the alienation of the property, subject to the tax regime established for the performance of pension schemes. The refund must perform is within the term maximum of seven days working since the participant present the documentation supporting corresponding.
He Government, to proposed of the Minister of economy and competitiveness, may expand the term planned in this available for request the collection of them plans of Inns in case of procedure of execution on the housing usual or establish new periods for this purpose, taking in has them needs of income available before the situation of indebtedness derived of them circumstances of the economy.
This provision shall also apply to insured insured welfare plans, plans of corporate welfare and mutual social welfare that referred to in article 51 of law 35/2006 of 28 November, personal income tax and general collective insurance which implemented commitments for pensions which has been transmitted to policyholders the ownership of derived rights of premiums paid by the company as well as with respect to entitlement to premiums paid for those».
Second final provision. Modification of law 35/2003 of 4 November, collective investment institutions.
One. Amending the title of the article 54 bis and paragraphs 1 and 2, which happen to have the following wording: «article 54 bis.» Conditions for the cross-border management of IIC and the provision of services in other Member States by management companies authorised in Spain in accordance with the directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011.
(1. them SGIIC authorized in Spain of conformity with the directive 2011 / 61 / EU, of the Parliament European and of the Council, of 8 of June of 2011, may, already is directly or through the establishment of a branch, manage IIC established in another State member whenever the SGIIC is authorized to manage that type of IIC as well as provide in another State Member them services to which is concerns the article 40.1. to) and 40.2 for which has been authorized.
2 any manager wishing to manage IIC established in another Member State or provide the services that referred to in paragraph 1 for the first time, it shall communicate the following information to the National Commission of the stock market: a) the Member State in which it proposes to manage the IIC directly or through the establishment of a branch or provide services that referred to in article 40.1. to) and 40.2 for which has been authorized (, y b) a program of activities which are indicated, in particular, services that intends to provide or identify the IIC that intends to manage. "
Two. Amending the title of the article 55 bis and paragraphs 1 and 5, which happen to have the following wording: «article 55 bis.» Spanish IIC management and conditions 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 authorized in another Member State of the European Union.
1. any management company authorised in a Member State of the European Union under cover of the directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011, you can manage IIC, as well as provide services in Spain, either directly or through the establishment of a branch office, provided that the management is authorised by that Member State to manage that kind of IIC or provide those services.
5. the National Commission of the stock market shall communicate without delay to the competent authorities of the Member State of origin of the society managing any detected problems that can materially affect the ability of the management company to adequately meet its legal or regulatory obligations, affecting the field supervisor of the National Commission of the stock market.»
Third final provision. Modification of law 47/2003, of 26 November, General budget.
Paragraph 3 of article 111 of law 47/2003, of 26 November, General budget is drawn up in the following terms:
«3 agencies and entities of the State public sector, with the exception of the Instituto de crédito Oficial, shall be subject to the principles of financial prudence which are fixed by the Government representative Commission for Economic Affairs. The principles established for the entities and agencies other than State business listed companies whose shares are subject to negotiation in an official secondary market of securities will be referred, at least, the ceilings of the financial cost that can sign the credit operations, as well as the limitations on the use of financial derivatives".
Fourth final provision. Modification of law 59/2003, of 19 December, electronic signature.
Law 59/2003, of 19 December, electronic signature, is hereby amended as follows: one. Paragraph 2 of article 3, is drawn up in the following way: «2. the advanced electronic signature is the electronic signature which allows to identify the signer and detect any subsequent change of the signed data, which is linked to the signer in a unique way and the data which refers and which has been created by the media that the signer can use» «, with a high level of confidence, under its exclusive control.»
Two. Paragraph 2 of article 6, is drawn up in the following way: «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 that it represents. "
3. Paragraph 2 of article 7, is worded as follows: «2. custody of the signature-creation data associated with each electronic certificate of legal entity or, where appropriate, the means of access to them will be the responsibility of the applicant natural person, whose identification is included in the electronic certificate.»
Four. The letter c) article 12, is worded in the following terms: ' c) make sure that the signer has exclusive control over the use of the signature-creation data corresponding to the checklist contained in the certificate. '
5. The letter to) article 18, is worded in the following terms: "to) do not store or copy, by itself or through a third party, the data of creation of the signature of the person who lent their services, except in case of its management on behalf of the undersigned. In this case, procedures and adequate technical and organisational mechanisms apply to ensure that the signer exclusively control the use of its signature creation data.
Only the providers of certification services that recognized certificates issued may manage data for creation of electronic signature on behalf of the undersigned. To do so, may be a backup copy of the signature creation data whenever the safety of duplicate data is at the same level than the original data and the number of data duplicate does not exceed the minimum necessary to ensure the continuity of the service. «Not may duplicate the data of creation of signs for any other purpose».
6. Point 1 of (b)), article 18, is worded as follows: ' 1 the obligations of the signatory, the way that have keep the creation data signing, the procedure that shall be followed to report the loss or possible misuse of such data, or, where appropriate, of the media that protect them, as well as information about the creation and verification of digital signature devices that are compatible with the data of» «signature with the certificate.»
7. The letter e) of paragraph 1 of article 20, it is worded as follows: «and) take measures against forgery of certificates, and where the certification service provider generates signature-creation data, guarantee confidentiality during the process of generating and delivery for a safe procedure to the signer. If the service provider manages the data of creation of the signature in the name of the signer, you must guard them and protect them against any alteration, destruction, or unauthorized access, as well as ensure their continued availability for the signatory.»
8. ((Them lyrics c) and d) of the paragraph 1 of the article 23, are worded in them following terms: «(c) negligence in the conservation of their data of creation of signs, in the assurance of your confidentiality and in the protection of all access or revelation of these or, in its case, of them media that den access to them.»
(d) do not apply for the suspension or revocation of the electronic certificate in case of doubt as to the maintenance of the confidentiality of their data signature or, where appropriate, the means that give access to them.»
Nine. A paragraph 5 is added to article 29 with the following content: «5. testing in laboratories or specialized entities may be required to accredit the fulfillment of certain requirements.» In this case, service providers shall be borne the expenses incurred in this assessment.»
Fifth final provision. Modification of the Royal Decree 8/2008 of 11 January, which regulates the provision on the basis of need in favor of Spanish nationals living abroad and returned.
Amending article 26 of Decree 8/2008 of 11 January, which regulates the provision on the basis of need in favor of Spaniards resident abroad and returnees, which is worded as follows: «article 26. Health care to returnees origin Spanish and Spanish origin workers and pensioners resident abroad temporarily displaced to the national territory and for the relatives of the previous ones that settle with them or join them.
1. the origin Spanish nationals living abroad to return to Spain as well as self-employed and own-account workers and Spanish origin pensioners resident abroad in their temporary travel to our country are entitled to health care when, in accordance with the provisions of the legislation of Spanish Social Security, the State of origin or the standards or conventions of Social Security established for that purpose they would not have expected this coverage.
2. the relatives of the returnees origin Spanish to be established with them in Spain, and those of pensioners and workers employed and self-employed Spanish origin, resident abroad, accompanying them in their temporary travel to Spain, will be equally entitled to healthcare in Spain, through the national health system , when, in accordance with the provisions of Security Social Spanish, them of the State of origin or the standards or conventions International of Security Social established to the effect, these family not had planned this coverage.
For the indicated purposes, means they are familiar with the right to health care: the spouse of persons referred to in paragraph 1 or who live with them with a relationship analogous to the conjugal affection, constituting a couple indeed.
The descendants of persons referred to in paragraph 1 or those of your spouse or your partner in fact, are in charge of those who are under 26 years old or older than that age with a disability recognized to a degree equal to or greater than 65 percent.
3. the recognition of the right to health care in all of these cases corresponds to the National Institute of Social Security, which shall issue the document of the right. This right will be retained until the beneficiary meets the requirements established for it in accordance with the provisions of Spanish Social Security, the State of origin or the rules or International Social security conventions.
The Spanish origin of returnees will justify their status through the presentation of the consular low in the country of residence and the registration certificate in the municipality where have fixed his residence in our country.»
Sixth final provision. Modification of law 32/2010 of 5 August, which establishes a specific protection system for cessation of activity of self-employed workers.
Amending paragraph 1 of article 7 of the law 32/2010 of 5 August, which establishes a specific system of protection by cessation of activity of self-employed workers, which is worded in the following terms: "1. self-employed workers who meet the requirements laid down in article 4 should request the same mutual collaborating with Social Security to which are attached the recognition of the right to protection by» cessation of activity.
With respect to the self-employed workers who are not attached to a mutual, shall apply the provisions of the fourth additional provision.
This recognition will result in the birth of the right to the enjoyment of the corresponding financial benefit, from the first day of the month immediately following the one in which the causal event of the cessation of activity occurred. When economically dependent self-employed worker has completed its main customer relationship, to be entitled to the enjoyment of the benefit, not you have activity with other customers from the day they start providing charging.'
Seventh final disposition. Modification of the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November.
Article 327 of the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, of 14 November, is worded as follows: «Article 327. Competition and effects of registration in the official records of tenderers and classified businesses.
1. the autonomous communities may create its own official records of tenderers and companies rated, in which recorded are the conditions of fitness of businessmen who so request it, which have been classified by them, or who have incurred in any prohibition to contract whose declaration applicable to them or to local authorities within its territorial scope.
2. the competent bodies of the autonomous communities who opt not to take its own independent bidders and classified companies registry will practice in the official register of tenderers and companies classified of Public Sector prohibitions nursing registration contract referred to in the preceding paragraph. They can also practice registering other inscriptions referred to in quoted when they refer to entrepreneurs domiciled in its territory and thus be asked by the person concerned.
3. the practice of registration in the official register of tenderers and classified companies of the Public Sector by the competent bodies of the autonomous communities shall require prior subscription of an agreement to that effect with the Ministry of finance and public administration.
«4. both them inscriptions practiced in the record official of bidders and companies classified of the Sector public by them communities autonomous under it willing in them paragraphs 2 and 3 of this article as them practiced by them organs of the Board Advisory of recruitment administrative of the State will have, without distinction some, them same effects supporting and efficiency full facing all them organs of recruitment of the Sector public.»
Disposal the eighth. Modification of the law 13/2011, 27 of may, regulation of the game.
A new fourth transitional provision bis is inserted into the law 13/2011, may 27, of regulation of the game, with regard to the sanctions regime applicable to the points of sale in administrative regime of the State society of Loterías y Apuestas del Estado.
«Transitional provision fourth bis. Penalties applicable to the points of sale in administrative regime of the State society of Loterías y Apuestas del Estado.
1. the present regime of offences and sanctions administrative is apply to those points of sale that is are welcomed to the regime of law administrative.
2 are administrative violations of the holders of the outlets of the commercial network of the State society of Loterías y Apuestas del Estado actions or omissions typified in this provision, which will be punishable even by way of simple negligence.
3. them infringements and sanctions regulated in this provision may be specified in them provisions regulatory that the develop, in them terms provided in the article 129 of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common.
4 will be infringing subjects retail holders carrying out actions or omissions classified as offences in this provision. They will also be responsible for actions or omissions typified in this provision when they are performed by employees or collaborators.
The competence to exercise the powers to impose penalties regulated in this provision corresponds to the General Director of game management.
1. the sanctioning procedure will be adjusted to the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and the Royal Decree 1398 / 1993, of 4 August, which approves the rules of procedure for the exercise of the powers to impose penalties, without prejudice to the specific rules laid down in this provision.
2. when a sanctioning procedure has started, the General direction of game management may agree, on properly motivated request of the State's society of Loterías y Apuestas del Estado, among others, any or some of the following provisional measures: temporary closure of the point of sale.
Disconnection, seal or withdrawal, where appropriate, of any property or documentation relating to the development of the activity of point of sale, including but not limited to equipment or computer equipment, amounts in cash, tenth or paid guards and national lottery or other titles to bearer managed at the point of sale.
3. the measures mentioned in the preceding paragraph may be agreed, as provided therein, prior to the initiation of the disciplinary procedure, under the conditions laid down in article 72.2 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
4. adopted, in your case, any of them measures established in the paragraph 2, the address General of management of the game agreed its execution, to whose effects shall seek the collaboration of the society state lotteries and betting of the State, whose personal will be accompanied by an official of the Ministry of Hacienda and administrations public, that will have character of authority public, to them effects of fill the corresponding act of performances.
5 implemented measure, the State's society of Loterías y Apuestas del Estado shall communicate such circumstance to the General direction of game management.
1 administrative offences that can incur the holders of the outlets of the commercial network of the State society of Loterías y Apuestas del Estado are classified as minor, serious and very serious.
2 are minor offences: 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 lies the point of sale.
(c) do not exhibit visible instead of the point of sale the distinctive announcer, elements of the corporate image, propaganda, advertising, leaflets and other elements or documents required, or display them loosely to the rules or instructions specific.
(d) missing due respect and consideration to the users of the points of sale.
(e) failure to comply with the regulations and instructions on management of points of sale, when it is not serious or very serious violation.
3 are serious breaches: to) resistance, disobedience, or obstruction to the performance of the State's society of Loterías y Apuestas del Estado inspection services.
(b) carry out reforms in the establishment where lies the point of sale without prior authorisation, when imply a modification of the characteristics that served as the basis for adjudication.
(c) develop at the point of sale any other activity other than the provision of point of sale services and, in the case of the mixed settlements, any other activity other than the main activity authorized, unless prior consent in writing of the State's society of Loterías y Apuestas del Estado.
(d) loss, deterioration or impairment of the assets of the State's society of Loterías y Apuestas del Estado ceded for use by holders of the points of sale in the exercise of his activity, as well as allocated to a use other than its function, except in the case of equipment or computer equipment.
(e) activities of promotion or advertising by any means of the point of sale or of games and betting in violation of regulations or specific instructions or without the authorization of the State society of Loterías y Apuestas del Estado.
(f) the improper payment or total or partial non-payment of awards when it is not very serious infringement.
(g) the recidivism by the Commission of two or more minor offences within a period of two years counted from the sanction resolution firm in administrative proceedings of the first one.
(h) the failure to comply with standards and instructions on management of points of sale or obligations imposed in enabling title for the exercise of the activity when it causes prejudice to the State's society of Loterías y Apuestas del Estado or third parties.
4 constitute very serious breaches: to) improper payment or total or partial non-payment of awards when it causes a serious prejudice to the State's society of Loterías y Apuestas del Estado or third parties.
(b) the lack of income in the State society Loterías y Apuestas del Estado of amounts collected from sale of games and bets.
(c) the withdrawal of the funds received for the payment of awards or its application to non-function uses.
(d) the assignment of commissions by the holders of the points of sale.
(e) the abandonment of the exercise of the provision of services of point of sale or, where applicable, the authorized main activity.
(f) the transfer of ownership of the point of sale without the corresponding authorization or the cession of use by any title.
(g) the movement of the point of sale or the computer elements without the corresponding authorization.
(h) the supply of information or false documents to the administration.
(i) the sale of holdings and national lottery tickets differently to which they are represented or may be authorized.
(j) loss, deterioration or impairment of computers or computer equipment of the State society of Loterías y Apuestas del Estado transferred for use by holders of the points of sale in the exercise of its activity, as well as allocated to a use other than its function.
(k) it not Constitution of them guarantees, bonds and others guarantees enforceable or its Constitution without clamping to the conditions established by the society state lotteries and betting of the State.
(l) the breach serious and repeated standards and instructions on management of points of sale or the obligations imposed by the enabling title for the exercise of the activity, when it causes prejudice to the State's society of Loterías y Apuestas del Estado or third parties.
(ll) the recidivism by the Commission of two or more violations serious in a term of two years counted from the sanction by resolution firm in via administrative of the first of them.
Administrative offences regulated by this provision shall be punished as follows: to) by the Committee on minor offences shall be liable to one or more of the following sanctions: a warning in writing. Fine of up to 600 euros.
(b) by the Commission of serious offences shall be liable to one or more of the following sanctions: I. fine from 601 euros up to 6,000 euros.
II. Suspension by a period maximum of three months of the exercise of the activity authorized.
(c) by the Commission of very serious offences shall be liable to one or more of the following sanctions: I. fine from 6.001 euros up to 60,000 euros.
IL. Suspension by a period maximum of six months for the exercise of the activity authorized.
III. revocation of the concession or authorization of the owner of the point of sale.
Sanctions regulated in the previous section will graduate to take account of the following criteria: a) the reiteration in the Commission of infractions.
(b) the intent of the violator subject.
(c) the importance economic, commercial and social of the infringement.
(d) the recidivism by the Commission of offences of the same nature, when thus has been declared by resolution firm.
(e) the prejudice brought to the image of the State's society of Loterías y Apuestas del Estado.
Offences and penalties regulated in this provision will be prescribed pursuant to article 132 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
The procedure appeals against sanction decisions handed down in the context of this provision shall be laid down in law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.»
Ninth final disposition. Modification of the Real Decree 1192 / 2012, of 3 August, which regulates the status of insured and beneficiary for purposes of health care in Spain, financed by public funds, through the national health system.
The Royal Decree 1192 / 2012, of 3 August, which regulates the status of insured and beneficiary for purposes of health care in Spain, financed by public funds, through the national health system, is to be re-worded as follows: one. New wording is given to article 5 in the following terms: "article 5. Recognition of trade of the condition of insured or of beneficiary.
1 the recognition of the status of insured person nursing will be automatically subject to verification of compliance with the requirements set out in article 2, in the case of: to) persons falling within article 2.1. to).
(((b) people who come to be included in article 2.1. b) for failure to meet any of the conditions laid down in article 2.1. to) or in article 3.1. c).
(c) minors subject to administrative supervision to the fulfillment of the age of majority.
And stop being so later while still under 26 years of age».
Two. New wording is given to article 6 as follows: «article 6. Recognition of the status of insured or beneficiary upon request of the person concerned.
1 the recognition of the status of insured person referred to in article 2.1. b) and beneficiary referred to in article 3, will be held at the request of the person concerned in the cases not provided, respectively, in paragraphs 1.b) and 2 of article 5.
2 the application for recognition of the status of insured person shall be accompanied by the following documents, depending on the case: to) in the case of Spanish citizens, the national document of identity in effect.
(b) in the case of people who do not have Spanish nationality: 1st national identity document or passport, and certificate of inscription in the Central Register of foreigners for the citizens of the States members of the European Union, other States part in the agreement on the European economic area or Switzerland.
2nd national identity document or passport in force, and card of residence of family member of citizen of the European Union for family members of citizens of the Member States of the European Union, other States parties to the agreement on the European economic area or Switzerland.
3rd for other people who do not have Spanish nationality, passport in vigor and foreigner identity card proving ownership of an authorisation to reside in Spain or, in case of having no obligation to obtain this card, authorization to reside in Spain indicating the number of foreign identity.
(c) certificate of registration in the municipality of residence of the applicant.
((d) for people that not are taxpayers of the tax on the income of them people physical, a statement responsible of not overcome the limit of income planned in the article 2.1. b), accompanied, for those people that not have nationality Spanish, of a certified issued by it administration tax of the State in which have had his last residence accrediting of not overcome the cited limit of income in attention to the Declaration presented in said State by a tax equivalent to the tax on the income of physical persons. However the above, stateless persons will be required to present this last certificate.
(e) responsible for declaration of having no compulsory coverage of the provision by another route, accompanied, where appropriate, a certificate issued by the competent institution in the field of Social security or health care in the country of origin of the accrediting interested that not applicable export law to the provision of health care in Spain. However the above, stateless persons will be required to present this last certificate.
(f) resolution of the Declaration of abandonment in the case of minors subject to administrative supervision.
It will not be necessary to provide the documents referred to in paragraphs to) and c) earlier when stakeholders give their consent so that identity, address and residence details can be consulted by the administration through the data verification systems of identity and residence.
3 the status of person receiving application shall contain, in addition to the documents referred to in paragraphs to), b), c) of the preceding paragraph apply, the following documentation, as the case may be: a) book of family or the registration of the marriage certificate to prove the status of spouse of the insured person.
(b) certification of the registration in any of them records public existing or, in its defect, the document public corresponding to prove the existence of a couple indeed.
(c) proof of the condition of ex-spouse or separate legal action of the insured person, as well as their right to receive a compensatory pension by the latter.
(d) book of family or birth certificate to prove the status of descendant of the insured person or spouse, ex-spouse in charge or de facto and, in addition, the certificate of recognition of the degree of disability for those who, being older than 26 years, have a disability to a degree equal to or greater than 65 percent.
(e) proof of guardianship or placement agreed by the competent authority to accredit condition less supervised or accepted legally by the insured person, by his spouse, ex-spouse to charge or couple indeed.
f) book or document equivalent to verify the condition of the insured person's brother or sister.
(g) statement responsible of not having ones income annual that exceed the double of the amount of the indicator public of income of effects multiple (IPREM), also in computation annual.
((Not will be necessary provide them documents mentioned in them paragraphs to) and c) of the paragraph 2 when them interested provide your consent to them data of identity, domicile and residence may be consulted by the administration through them systems of verification of data of identity and of residence.
4. it address provincial corresponding of the Institute national of it security Social or, in its case, of the Institute Social of it Marina, dictate resolution express and will notify in the term of 30 days, counted from the day following to the reception of the request, the recognition or denial of it condition of person secured or beneficiary in them cases to which is refers this article.
Expiry of the period of 30 days to that referred to in the preceding paragraph unless it has been issued and notified express resolution, request means rejected in accordance with the provisions of paragraph 3 of the twenty fifth additional provision of the consolidated text of the General Social Security Act, approved by Royal Legislative Decree 1/1994 , 20 June.
Judgments, express or presumed, by the managing entity shall be appealable as provided in article 71 of the law 36-2011, of 10 October, regulating the social jurisdiction.»
3. New wording is given to the first additional provision, which is as follows: «first additional provision. Health care for returnees and resident origin abroad Spanish displaced temporarily to Spain and to the relatives of the previous ones that settle with them or join them.
The assistance health, through the system national of health, for them Spanish of origin resident in the outside that return to Spain, as well as for their family that is established with them, and the assistance health for them workers by has alien and by has own and pensioners, Spanish of origin, resident in the outside, in their displacement temporary to Spain , as well as for them family that them accompany, is governed by it willing in the law 40 / 2006, of 14 of December, of the Statute of the citizenship Spanish in the outside, and in the Real Decree 8 / 2008, of 11 of January, by which is regulates the provision by reason of need in favor of them Spanish residents in the outside and returnees «, when, in accordance with the provisions of Security Social Spanish, them of the State of origin or the standards or conventions International of Security Social established to the effect, not had planned this coverage.»
Tenth final disposition. Modification of the law 13 / 2013, of 2 of August, of promotion of the integration of co-operative and of others entities associative of character agri-food.
Law 13/2013, on 2 August, promoting the integration of cooperatives and other agri-food associative entities, is hereby amended as follows: one. Is includes a new paragraph end in the preamble, with the following drafting: «Finally, is convenient adapt the text of this law to the content of the sentence of the Court constitutional 85 / 2015, of 30 of April of 2015 in relation to the resource of unconstitutionality number 6228-2013, interposed by the Generalitat of Catalonia, facilitating the participation of them communities autonomous in the procedure of recognition» «by your inquiry, informing about changes and simplifying the national registration of priority associative entities.»
Two. Amending paragraph 2 of article 3, which remains with the following wording: «2. at the request of the interested entity, the Ministry of agriculture, food and environment will proceed to the recognition of the priority associative entity, after consultation with the autonomous regions affected by their supra-autonomico character. "
3. Is introduces a paragraph 4 in the article 3, that is with the following drafting: «4. them responsible of them entities associative priority will come obliged to communicate to the Ministry them changes that could affect to its condition of priority when is produce, as well as to them communities autonomous affected by his character supra-autonomico.» In addition, on an annual basis, they will proceed to update the relationship of producers who are part of the same».
Four. Is modifies the paragraph 1 of the article 5, that is with the following drafting: «1. is creates in the Ministry of agriculture, power and environment, with character informative, affiliated to the address General of the industry food, a record national of entities associative priority, in which is entered them entities of this nature recognized in accordance with it established in the present law and in its regulation of development.»
5. Paragraphs 3, 4 and 5 of article 5 shall be deleted.
Available finish eleventh. Modification of the law 14/2013, of 27 September, support for entrepreneurs and its internationalization.
The law 14 / 2013, of 27 of September, of support to the entrepreneurs and their internationalization is modified as follows: one. Paragraph 4 of article 62 is drawn up in the following way: "4. the spouse or person with similar relation of affectivity, the minor children or older which, economically dependent on the holder, have not established themselves a family unit and parents in charge, who to meet or join the foreigners enumerated in paragraph 1 of article 61» , they may request, joint and simultaneously or successively, the authorization and, where appropriate, the visas. This must be accredited the compliance with the requirements provided for in the preceding paragraph.'
Two. Article 63 is drawn up in the following way: «article 63. Residence visa for investors.
1. them foreigners not resident that is intend to enter in territory Spanish to make an investment significant of capital may request the visa of stay, or in his case, of residence for investors that will have a duration of a year.
2 be understood as significant capital investment that meets any of the following cases: to) an initial investment by a value equal to or greater Spanish a: 1st two million euros in titles of Spanish public debt, or 2nd one million euros in shares or participation certificates of venture capital with a real business activity , or 3rd a million of euros in funds of investment, funds of investment of character closed or funds of capital risk constituted in Spain, included within the scope of application of the law 35 / 2003, of 4 of November, of institutions of investment collective, or of the law 22 / 2014, of 12 of November, by which is regulate them entities of venture capital , other entities of ucis of closed type and the management companies of collective investment of closed-type institutions, and for the amendment of law 35/2003, 4 November, or 4th one million of euros in bank deposits in Spanish financial institutions.
(b) the acquisition of real estate in Spain with an investment of value equal to or exceeding 500,000 euros for each applicant.
(c) a business plan that will be developed in Spain and is considered and accredited as of general interest, for which will be evaluated compliance of at least one of the following conditions: 1 creation of jobs.
2. realization of an investment with the socio-economic impact of relevance in the geographical area in which it is to develop activity.
3rd significant contribution to scientific or technological innovation.
Product the residence visa for investors a representative, appointed by the investor and duly accredited, for the management of a project of general interest provided the project meets any of the conditions listed in point (c)).
3 means also to abroad visa applicant has made a significant investment of capital when the investment carry out a legal entity domiciled in territory that does not have the consideration of tax in accordance with the Spanish legislation haven, and abroad held, directly or indirectly, the majority of its voting rights and have the right to appoint or dismiss a majority of the members of its Board of Directors.
«(4. Si la inversión se lleva a cabo por un matrimonio en régimen de gananciales o análogo y la cuantía no asciende, ael menos, ael doble de los umbrales previstos en las letras a) and b) of paragraph 2, it shall be considered that it has been carried out by one of the spouses, and may the other spouse apply for a visa of residence as family in the terms established in article 62.4.»
3. Article 64 is drawn up in the following way: «article 64. Form of accreditation of the investment.
For the granting of the visa of residence for investors will need to meet the following requirements: to) in the case referred to in the letter to) of paragraph 2 of article 63, the applicant must provide proof of having made the investment in the minimum amount required, within a period not exceeding one year to the filing of the application, in the following manner : 1 in the case of investment in unlisted shares or participation certificates, will present the copy of the Declaration of investment made in the register of foreign investments of the Ministry of economy and competitiveness.
2nd in the case of investment in quoted shares, will be presented a certificate of the financial intermediary, duly registered with the National Commission of the stock market or in the Bank of Spain, stating that the person concerned had made the investment for the purposes of this standard.
3rd in the case of investment in government debt, will be presented a certificate of the lender or the Bank of Spain where he stated that the applicant is the sole owner of investment for a period equal to or greater than 5 years.
4th in the course of investment in mutual funds, investment funds of closed nature or of venture capital funds constituted in Spain, will be presented a certificate of the management company of the Fund, incorporated in Spain, duly registered at the National Commission of the market of securities, stating that the person concerned has made an investment of, at least , a million euros in a fund or funds under its management.
5 in the case of investment in bank deposit, will be presented a certificate of the financial institution in which it is found that the applicant is the only holder of the bank deposit.
((b) in the so-called planned in the letter b) of the paragraph 2 of the article 63 the applicant must accredit have acquired the property of them goods estate through certification of domain and loads of the registration of the property that corresponds to the property or estate. Certification may incorporate an electronic verification code for your inquiry online. This certification shall include the amount of the acquisition; in another case, he must demonstrate through the contribution of the corresponding public deed.
If at the time of the visa application, the acquisition of real estate are in the process of registration in the land registry, it will suffice the presentation of the aforementioned certification seat of presentation of the document of purchase, accompanied by supporting documentation of the payment of the corresponding taxes indicating current.
The applicant must provide proof of having an investment in real estate of 500,000 euros free from any charge or encumbrance. The part of the investment that exceeds of the amount demanded may be subject to charge or assessment.
If the foreigner has not formalized the purchase of the property or properties but exists a pre-contract with warranty in compliance through arras or otherwise admitted in law formalized in writing, must be presented together with the fulfilment of the requirements indicated in article 62.3, the pre-contract with warranty along with a certificate from a financial institution established in Spain in which it finds that the applicant has a bank deposit not available with the amount necessary for the acquisition, fulfilling the committed, the property or properties listed, including charges and taxes contract. The amount of the deposit only may be used for the buy end of the property or estate indicated in the pre-contract with warranty. In this case, the person concerned will receive a residence visa for investors of maximum duration of 6 months.
If is credited the purchase effective of the property or estate indicated, the interested may request a visa of residence for investors of a year's duration or an authorization of residence for investors according to the article 66.
((c) in the case provided for in point (c)) of paragraph 2 of article 63, a favourable report must be presented to verify that in the enterprise project attend reasons of general interest. He report will proceed of the Office economic and commercial of the field of demarcation geographical where the investor present the application of the visa.
If investors designate a representative for the management of the business plan and in order that the same get the residence visa for inverter, on the report of the Office for economic and commercial advantage along with the requirements laid down in article 63.2. c) the need for intervention that representative for the proper management of the business project.
The representative must accredit before the Office Consular that brings them requirements established in the article 62.3 of the present law.
(d) in the case provided for in paragraph 3 of article 63, must present a favorable report from the economic and commercial Office of the geographical area where the investor present the visa application.»
Four. The article 65 is drafted in the following mode: «article 65.» Effects of the residence visa for investors.
The granting of the visa of residence for investors will constitute sufficient title to reside and work in Spain during his life».
5. Article 66 is drawn up in the following way: «article 66. Authorization of residence for investors.
1. those investors foreigners that make an investment significant of capital may request an authorization of residence for investors, that will have validity in all the territory national. Award shall be responsible for the General direction of migration and their processing shall be carried out by large enterprises and collective strategic unit.
You can obtain the authorization of residence for investors a representative designated by the investor, and duly credited, for the management of a project always and when the project meets any of the listed conditions article 63.2. c).
2 If the applicant for the authorization of residence is the holder of a visa of residence for investors in force or is located within the term of the ninety calendar days subsequent to the expiry of the visa, must demonstrate, in addition to compliance with the General requirements laid down in article 62, the following requirements: a) in the case referred to in to) of paragraph 2 of article 63 inverter must demonstrate that it has been the investment of a value equal to or greater than the required minimum amount: 1 in the case of unlisted shares or participation certificates, it is necessary to present a notarial certificate which proves that the inverter has maintained during the previous reference period property of the unlisted shares or participation certificates which enabled him to obtain a visa for investors. The certificate must be dated within 30 days prior to the filing of the application.
2nd in the case of investment in quoted shares, must submit a certificate of a financial institution, stating that the person concerned has been, at least in value average one million euros invested in shares from the date of obtaining the residence visa for investors. The certificate must be dated within 30 days prior to the filing of the application.
3rd in the case of investment in debt securities, must submit a certificate of a financial institution or Bank of Spain which verify the maintenance or expansion, from the date of obtaining the visa of residence for investors, the number of public debt securities that the investor acquired in the time which made the initial investment. The certificate must be dated within 30 days prior to the filing of the application.
4th in the course of investment in mutual funds, investment funds of closed nature or of venture capital funds constituted in Spain must submit a certificate from the management company of the Fund, incorporated in Spain, duly registered at the National Commission of the market of securities, stating that the person concerned has been, from the date of obtaining the visa of residence for investors at least, on average, one million euros invested in a fund or funds under its management. The certificate must be dated within 30 days prior to the filing of the application.
5 in the case of investment in bank deposit, must submit a certificate of the financial institution that verifies that the inverter has maintained, or expanded, your deposit from the date of obtaining the visa of residence for investors. The certificate must be dated within 30 days prior to the filing of the application.
((b) in the case provided for in point (b)) of paragraph 2 of article 63, the applicant must demonstrate that the inverter is owner of property or real estate for the minimum amount required under that article. This should provide the certificate or certificates of domain and loads the registry of property that corresponds to the property or properties and must be dated within 90 days prior to the filing of the application.
If the applicant is in possession of a residence visa to investors of 6 months, you must prove that it has acquired effectively the property or properties indicated by the corresponding documentation.
((c) in the case provided for in point (c)) of paragraph 2 of article 63, a favourable report from the Directorate General of international trade and investments of the Ministry of economy and competitiveness to ascertain the reasons of general interest credited initially held must be presented.
(d) in the case provided for in paragraph 3 of article 63, must present a favourable report from the Directorate General of international trade and investments of the Ministry of economy and competitiveness to verify that the items checked at the time of the granting of the visa remain.
(e) the compliance with tax obligations and Social Security.
3. If the applicant for the authorization of residence for investors is legally in Spain and is not owner of the residence visa for investors must prove, in addition to compliance with the General requirements laid down in article 62, the realization of a significant investment of capital in accordance with article 64.
If investment is carried out by a marriage in marital or analogous scheme and the amount does not amount to at least double the thresholds provided for in article 63.2 a) and b) will be considered that it has been carried out by one of the spouses, and may the other spouse apply for approval of residence as family in the terms established in article 62.4.
In the case of investments of article 63.2. c), the report of project of general interest will come from the Directorate General of international trade and investment.
In the so-called of investments of the article 63.3 the report will proceed of the direction General of trade international and investments.
If the foreign not has formalized the purchase of the property or estate but exists a pre-contract with warranty in its compliance by means of arras u another half admitted in right formalized in writing public, must present along with the compliance of them requirements indicated in the article 62.3, the pre-contract with warranty along with a certified of an entity financial established in Spain in which is finds that the applicant has of a deposit banking unavailable with it amount necessary for the acquisition, fulfilling the committed, the property or properties listed, including charges and taxes contract. The amount of the deposit only may be used for the buy end of the property or estate indicated in the pre-contract with warranty. In this case, the person concerned will receive a residence authorisation for investors of maximum duration of 6 months.
«If is credited the purchase effective of the property or estate indicated, the interested may request an authorization of residence for investors.»
6. Article 67 is drawn up in the following way: «article 67. Duration of the authorization of residence for investors.
1. the authorization initial of residence for investors will have a duration of two years without prejudice of it established in the article 66.3 for purchases of homes not formalized.
2. Once completed this period, foreign investors, who are interested in reside in Spain for more may request the renewal of the authorization of residence for successive five-year periods, provided remain the conditions that generated the right.
3. If during the period of residence authorized is modifies the investment must, in all case, keep is the compliance of any of the alleged planned in the article 63. It shall not apply this provision in the case that the variation is due to fluctuations in the market.»
7. The article 70 is drafted in the following mode: «article 70.» Definition of business and entrepreneurial activity.
1. is means as activity entrepreneur that that is of character innovative with special interest economic for Spain and for this purpose count with a report favorable issued by the Office economic and commercial of the field of demarcation geographical or by the address General of trade international e investments.
In the case of aliens who are legally in Spain, the application will head to large enterprises and collective strategic unit which automatically ask the Directorate General of international trade and investment report on the business and entrepreneurial activity. This report, of character required, will be evacuated in the term of ten days working.
2. for the assessment will be taken into account especially and as a priority the creation of jobs in Spain. Also be taken into account: to) the professional profile of the applicant, their training and professional experience as well as their involvement in the project. Where there are several partners, the participation of each of them, both of them applying for a visa or authorization and which do not require the same shall be assessed.
(b) the plan of business with mention, at least, to them following elements: 1 description of the project: activity business to develop, date of home, location, form legal planned of the company, impact economic potential that is the investment, description of the number of posts of work that is estimated that can create is and their functions and qualification, activities planned of promotion and strategy of sale.
2nd the product or service description: the description will be detailed and include the innovative aspects.
3rd market analysis: assessment of the market and expected developments, description of possible competitors, assessment of potential consumers and analysis of supply and demand.
4th funding: investment required, sources of funding and financial plan.
(c) the value added for the Spanish economy, innovation or investment opportunities."
8. Article 71 is drawn up in the following way: «article 71. Highly qualified professionals.
(1. may request an authorization of residence for professional highly qualified, that will have validity in all the territory national, them companies that require the incorporation in territory Spanish of professional foreigners for the development of a relationship labor or professional included in any of them following so-called: to) Personal management or highly qualified, when the company or group of companies gather any of them following features : 1 average of template during the three months immediately preceding the filing of the application more than 250 workers in Spain, affiliated to the corresponding Social security scheme.
2nd annual net turnover volume exceeding, in Spain, EUR 50 million; or volume of equity or net worth, in Spain, more than 43 million euros.
3rd gross investment half yearly, from the outside, not less than 1 million euros in the three years immediately preceding the filing of the application.
4th companies with a value of the investor stock or position according to the latest data from the registry of foreign investments of the Ministry of economy and competitiveness more than 3 million euros.
5 membership, in the case of small and medium-sized undertakings established in Spain, a sector considered strategic accredited by a report of the Directorate General of international trade and investment.
The accreditation of compliance with the above requirements shall be carried out only once, being registered in the large enterprises and collective strategic unit. The registration is valid for 3 years renewable if the requirements are maintained. Any modification of the conditions must be communicated to large enterprises and collective strategic unit within the period of 30 days. In case of failing to notify such modification, the company will be registered in the unit.
(b) managerial or highly qualified staff that is part of a business plan that involves alternately and provided that the condition alleged on the basis of this assumption is considered and accredited as of general interest by the Directorate General of 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 requesting the hiring.
2. maintenance of employment.
3rd a significant increase in the creation of jobs in the sector of activity or geographic area in which it is to develop work.
4th an extraordinary investment with socio-economic impact of relevance in the geographical area in which it is to develop work.
5 the concurrence reasons of interest for trade policy and investment from Spain.
6 a significant contribution to scientific or technological innovation.
(c) graduates, post-graduates from universities and business schools in prestigious».
9. Article 73 is drawn up in the following way: «article 73. Authorization of residence by intra-firm transfer.
1. those foreigners who move to Spain within the framework of a working, professional relationship or for reasons of professional formation, with a company or group of companies established in Spain or in another country must be provided with the corresponding visa according to the duration of the transfer and authorization of residence by intra-firm transfer, which will be valid throughout the national territory.
2 must be accredited, in addition to the General requirements of article 62, the following requirements: to) the existence of a real business activity and, where appropriate, that of the business group.
(b) degree higher or equivalent or, in your case, experience minimum professional of 3 years.
(c) the existence of a relationship work or professional, prior and continued, of 3 months with an or several of the companies of the group.
(d) documentation of the company that accredits the transfer.
3. the authorisation of residence by transfer intra-firm will have two modes:
(to) authorization of residence by transfer intra-firm ICT EU: will proceed this authorization in the so-called of displacement temporary for work as management, specialist or for training, since a company established out of the Union European to an entity belonging to the same company or group of companies established in Spain.
For this purpose shall mean: 1 steering, that that has among its functions the address of the company or a Department or subdivision of the same.
2. specialist who possess specialized knowledge related activities, techniques, or management of the entity.
3rd worker in training, that entitled University that is displaced in order to obtain training in techniques or methods of the entity and that perceived compensation therefore.
The maximum duration of the transfer will be of 3 years in the case of managers or specialists and workers in training.
Holders of a valid residence for transfer intra-firm ICT UE, issued by Spain, authorisation may enter, reside and work in one or several Member States prior notification or authorization, in his case, the authorities of those States in accordance with their regulations in application of the directive 2014/66/EU of the European Parliament and of the Council , May 15, 2014, on the conditions of entry and residence of third country nationals within the framework of intra-corporate transfers.
Them entities established in others States members of the Union, may move to Spain, prior communication to the unit of large companies and collective strategic, to them foreign holders of an authorization of transfer intra-firm ICT EU during the validity of this authorization. The General direction of migration may oppose, in a reasoned way, mobility within 20 days in the following cases: i) when not met the conditions laid down in this article.
(ii) when the documents presented will have acquired fraudulently, or have been falsified or manipulated.
(iii) when has elapsed the maximum duration of the transfer.
In case of opposition from the address General of migrations, the first State will allow the re-entry without more procedures of the foreigner displaced and of his family. If still travel to Spain had not occurred, the negative decision will prevent it.
(b) national authorization of residence by intra-firm transfer. «(Will proceed this authorization in them alleged not referred in the letter to) or a time has elapsed the duration maximum of the transfer scheduled in the paragraph previous.»
10. The article 74 is drafted in the following mode: «article 74.» Intra-corporate of groups of professionals and simplified procedure transfers.
(1. them companies or groups of companies that meet the requirements established in the article 71.1. to) may request the processing collective of authorizations that will be based in it management planned of a fit temporary of authorizations presented by it company or groups of companies.
2 companies or groups of companies that meet the requirements set out in article 71.1. to) may apply for registration in the large enterprises and collective strategic unit. The registration will have a validity of 3 years renewable if is kept those requirements. Any modification of the conditions must be communicated to large enterprises and collective strategic unit within the period of 30 days. In case of not communicate such modification, the company or group of company will leave of being registered in the unit.
Registered companies will be exempt from prove, at the time of the request, the requirements laid down in article 73.2. to), b) and (c)). However, the administration shall be ex officio checks of compliance with these requirements to which the entity must have supporting documentation.
3 this article shall not apply to companies or groups of companies that in the three years immediately preceding the application for authorization: to) have been sanctioned for serious or very serious violation on aliens and immigration.
(b) they have uncredited compliance with the requirements on craft checks carried out by the Administration".
Eleven. Article 76 is worded in the following way: «article 76. Authorisation procedure.
1. the processing of residence authorizations provided for in this section shall be made by large enterprises and collective strategic unit, will address the use of electronic means and their concession shall be responsible for the General direction of migration.
The maximum resolution will be twenty days from the filing of the application in the body responsible for their processing. If it is not resolved within that period, the authorization shall be estimated by administrative silence. The resolutions will be motivated and may be object of resource of seam, in accordance with it intended in them articles 114 and 115 of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and procedure administrative common.
The application of authorizations of residence planned in this section extended the validity of it situation of residence or of stay of which outside holder the applicant until the resolution of the procedure.
2. the holders of an authorization regulated in this section may request its renewal by periods of two years provided keep them conditions that generated the right, without prejudice of it established in the article 67.2. The renewals are processed using media electronic. The address General of migrations can collect them reports necessary for to pronounce is on the maintenance of the conditions that generated the right.
The presentation of the request for renewal extended the validity of the authorization until the resolution of the procedure. Also shall be extended in the event that the application arose in the ninety days after the completion of the previous authorisation, without prejudice to the initiation, where appropriate, the corresponding disciplinary record."
12. The seventh additional provision is rectada in the following way: «seventh additional provision. Maintenance of the requirements.
1. Aliens shall maintain during the term of visas or authorizations the conditions that gave them access to them.
2. any modification during the residence that affect to the conditions of admission must be communicated by the interested to the unit of large companies and collective strategic in the term of 30 days.
3. them organs competent of the Administration General of the State may carry to out them checks that consider appropriate to verify the compliance of the legislation existing.
«4. If, in accordance with it planned in this provision, is verifies that not is meet them conditions legally established the organ competent may extinguish, of way motivated, prior procedure of audience the visa or the authorization.»
Available to finish 12th. Modification of the law 18 / 2014, of 15 of October, of approval of measures urgent for the growth, the competitiveness and the efficiency.
Amending the law 18/2014, on 15 October, adoption of urgent measures for growth, competitiveness and efficiency, which is worded in the following way: one. Modifies the letter d) article 88, which is worded in the following way: «d) young people over 16 years of age and minors of 25, or under 30 years old in the case of people with a degree of disability equal to or superior to 33 percent, which comply with the requirements set out in this law to benefit from an action for national youth guarantee scheme.»
Also, young people over the age of 25 and less than 30, which comply with the requirements set out in this law to benefit from an action for the national system of youth guarantee, until its unemployment rate will fall below 20 percent, according to the survey of active population for the last quarter of the year.»
Two. The letter c is modified) Article 97 which is drawn up in the following way: «c) have more than 16 years and less than 25 or 30 years in the case of people with a degree of disability equal to or greater than 33 percent, at the time of applying for the registration in the file of the national system of youth guarantee.»
«Also, them older of 25 years and minor of 30 when, in the time of request the registration in the file of the system national of warranty youth, the rate of unemployment of this collective is equal or superior to the 20 percent.»
3. Is modifies the paragraph 4 of the article 101 that is drafted of the following form: «(4. it low in the system is will produce of trade when a user registered meets the age limit applicable in the moment of its registration of conformity to the article 97.c) (, and has been attended previously with any of them measures implemented from them subject included in them lyrics to)» ((, b) and (c)) of article 88.
Users registered in the system will be not given low while they are receiving some of the measures or actions provided for in article 106.
Registered users who have rejected any measures implemented within the framework of this system by the concerned subjects will cause low auto in it reaching the age referred to in the first paragraph.
«Those users registered that, having exceeded the age provided in the first paragraph, not have been served previously will remain in the system without cause low of trade.»
Four. Is adds a provision additional 28th that is worded of the following form: «provision additional 28th.» Resolutions on the unemployment rate, applicable to young people over the age of 25 years and under the age of 30.
The extension of the maximum age of access to the national system of the youth guarantee provided in article 88. ((d), and article 97.c), will apply after the publication of the resolution issued by the Directorate-General with responsibilities for managing the European Social Fund, taking into account the survey of active population in the last quarter of the year. This resolution will be updated on an annual basis.
The lack of express resolution in the first three months of the period subsequent to the reference, imply the tacit extension of the extension of the scope of the national system of youth guarantee, unless resolution expressly against.'
Thirteenth final disposition. Modification of law 22/2014, November 12, by which regulate venture capital entities, other collective investment of closed type and the management companies of collective investment of closed-type institutions, and by amending the law 35/2003, 4 November, collective investment institutions.
One. Is modifies the title of the article 81 and its paragraphs 1 and 2 that spend to have the following wording: «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 the directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011.
1. them SGEIC authorized in Spain of conformity with the directive 2011 / 61 / EU of the Parliament European and of the Council, of 8 of June of 2011, may, already is directly or through the establishment of a branch, manage ECR and EICC established in another State Member, whenever the SGEIC is authorized to manage that type of entities of investment as well as provide in another State Member them services to which is concerns the article 43.1 for which It has been authorized.
(2. all Manager that is propose manage an ECR or EICC established in another State member or provide them services to which is refers the paragraph 1 by first time, shall communicate to the Commission national of the market of values the following information: to) the State member in which is propose manage the ECR or EICC directly or through the establishment of a branch (, o prestar los servicios a los que se refiere el artículo 43.1 para los que haya sido autorizada, y b) a program of activity in which indicated, in particular, services that intends to provide or the ECR or EICC that intends to manage identified.»
Two. Amending article 82 title and paragraphs 1 and 6, which happen to have the following wording: «article 82. Conditions for the management of ECR and EICC Spanish and for the provision of services in Spain by societies managing regulated by the directive 2011 / 61 / EU, of the Parliament European and of the Council, of 8 of June of 2011, authorized in another State member of the Union European.
1. any management company authorised in a Member State of the European Union directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011, will manage ECR and EICC as well as providing services in Spain, either directly or through the establishment of a branch office, provided that it is authorised by the Member State to manage that kind of investment entities or to provide those services.
«6. the Commission national of the market of values communicated without delay to them authorities competent of the State member of origin of it society Manager any problem detected that can affect materially to it capacity of it Manager for meet properly their obligations legal or regulatory, that influence in the field supervisor of the Commission national of the market of values.»
Fourteenth final disposition. Modification of the law 36 / 2014, of 26 of December, of budgets General of the State for the year 2015.
The fifth tenth additional provision of law 36/2014, of 26 December, the State budget for the year 2015, is worded in the following way: «tenth fifth. Recruitment of staff of the societies commercial public in 2015.
One. In the year 2015, public companies referred to in article 20 paragraph one of this law, may not proceed to the recruitment of new personnel.
This limitation not will be of application when is concerned of recruitment of personal, official or labor, with a relationship pre-existing of character fixed e indefinite in the sector public State, regional or local in which, respectively is included the corresponding society commercial. The contracts concluded by the provisions of this section will generate right to continue receiving, from the date of its celebration, the complement of antiquity in the same amount that came perceiving in the Ministerial Department, agency public, society, Foundation or consortium of origin.
Only in exceptional cases and for urgent and non-Deferrable needs, they may carry out temporary hires.
In addition, public commercial companies who have had profits in the last two exercises may be, exclusively for consolidation processes of temporary employment, permanent contracts with a limit of 90 per cent of its restocking fee, calculated in accordance with the rules of article 21.Uno.3 of this law.
Public companies at the time of entry into force of this provision, which under the aegis of the regulations in force until that time, had already held indefinite contracts, apply the provisions of the preceding paragraph taking into account that in any case the amount of contracts concluded before the entry into force of this standard and those held under cover of the same It may exceed 90 per cent of its restocking fee, calculated in accordance with the rules of article 21.uno.3 of this law.
Two. In the case of the societies commercial State, it recruitment indefinite of personal will require, in all case, besides it established in the paragraph one, report favorable of the Ministry of Hacienda and administrations public and of the shareholder majority.
In addition, temporary hiring in these societies, taking into account as indicated in the previous section, will be in accordance with the criteria and instructions which, prior favourable report from the Ministry of finance and public administration, handed down by the controlling shareholder of the respective societies.
State companies should be sent to the Ministry of finance and public administration, together with the request for authorization of the wage bill, information relating to temporary procurement conducted in the previous year, detailing the number of annualized hours and the cost of the same.
3. «The provisions of paragraph one of this additional provision has basic character and dictates to the dispositions in the articles 149.1.13. ª and 156.1 of the Constitution.»
15th final disposition. Modification of the law 2 / 2015, of 30 of March, from desindexacion of the economy Spanish.
One. Is modifies the paragraph fifth of the paragraph ll of the preamble, that is drafted as follows: «by its part, the paragraph 2 of the article 3 establishes expressly them exclusions of the scope of application of the law.» Firstly, collective bargaining, is excluded because they are expressly recognized as a constitutional right, form which the update of wages not can escape as agreed by the parties; Secondly, the pensions, which are governed by its specific regulations. Noted, on the other hand, this regulation identifies an index from revaluation of pension that is based on a comprehensive set of economic variables that ensure the sustainability of the Social Security pension system. Financial operations are excluded, finally, and Treasury, so they have the capacity and flexibility of formats to capture savings nationally and internationally at the lowest price, in a context of competition intense for a scarce resource as it is saving, and where foreign products generally are not subject to any restriction in this regard."
Two. Amending paragraph 2 of article 3, which is drawn up as follows: «(2. Quedan excluidos deel ámbito de aplicación de esta Ley: a) collective wage bargaining.»
(b) revisions, revaluations or updates provided in the recast of the General Social Security Act, approved by Royal Legislative Decree 1/1994 of 20 June, and the recast of the passive classes of State law, approved by the Royal Decree legislative 670/1987, of April 30, as well as revisions to the rest of pensions paid with appropriations of the 07 section of the budget of expenditure of the State, somebody that is their legislation regulating.
«(c) the operations financial and of Treasury, that is collected in the title IV of the Law 47 / 2003, of 26 of November, General budget, in which intervene the sector public State, regional or local».
Sixteenth final disposition. Modification of statutory provisions.
The standards regulations that are object of modification by this law may be modified in the future by standards of range regulatory corresponding to the standard in that listed.
17th final disposition. Incorporation of right of the Union European.
This law is it incorporated into Spanish law directive 2014/66/EU, the European Parliament and the Council, on May 15, 2014, on the conditions of entry and residence of third country nationals within the framework of intra-corporate transfers.
18th final disposition. Modification by statute.
(Regulations is may modify: to) the percentages of the paragraph 1 of the article 34 quater, that is modified in the article 1.cuarto.cuatro.
((b) the percentage of 50 percent provided for in article 34.2. b), which modifies article 1.cuarto.uno.
19th final disposition. Skill-related title.
1 amendments to legal texts contained in this law will protect in the competence established in the standard title modified.
2. articles 4 and 7 are issued under cover of the provisions of article 149.1.14. ª of the Spanish Constitution, which attributes to the State the competence in the field of general finance.
3. articles 8 and 10 and the second and third transitional provisions are issued under cover of the provisions of article 149.1.17. ª of the Spanish Constitution, which attributes to the State the exclusive competence of the economic regime of Social Security.
4. the provisions additional first to fifth and the first transitional provision are issued under cover of the provisions of article 149.1.6. ª of the Constitution, which attributes to the State the exclusive competence in the field of commercial law and procedural law, without prejudice to necessary specialties resulting in this order from the particularities of the substantive law of the autonomous communities.
5. the available additional sixth is dictates to the amparo of the articles 149.1.7. th and 18th of the Constitution Spanish.
Available finish 20th. Regulatory development, execution and implementation.
1. the Government, on the joint proposal of the Ministers of Justice and of finance and public administration, will issue supplementary regulations which are necessary for the application of the rates for the exercise of the judicial power with the changes made by this Act.
2. by order of the Minister of finance and public administration autoliquidación rate models will be modified to adapt them to the reforms carried out in this law.
3 authorizes the Ministry of finance and public administration, through the Secretary of State for public administrations, so that it dictate the provisions, instructions and measures which are necessary for the effective development of electoral organs of participation and collective bargaining for public employees, in the scope of their powers.
4. without prejudice to the provisions of the preceding paragraphs of this provision, it authorizes the Government and the Ministers of Justice, finance and public administration, employment and Social Security and economy and competitiveness, so that, in the scope of their powers, they dictate measures and regulatory provisions that are accurate for the development and implementation of this law.
Twenty-first final provision. Entry into force.
This law shall enter into force the day following its publication in the "Official Gazette".
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Madrid, 28 of July of 2015.
The President of the Government, MARIANO RAJOY BREY
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