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Royal Decree 669/2015, 17 July, Which Develops Law 4/2014, From April 1, Basic Of The Official Chambers Of Commerce, Industry, Services And Navigation.

Original Language Title: Real Decreto 669/2015, de 17 de julio, por el que se desarrolla la Ley 4/2014, de 1 de abril, Básica de las Cámaras Oficiales de Comercio, Industria, Servicios y Navegación.

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TEXT

INDEX

Chapter I. General provisions.

Article 1. Object and scope of application.

Chapter II. Organization and operation.

Article 2. Government bodies.

Article 3. The plenum.

Article 4. The executive committee.

Article 5. The president.

Article 6. The Vice-Presidents and the Treasurer.

Article 7. The managing director.

Article 8. The Secretary-General

Article 9. Loss of membership of the full member and of the executive committee.

Article 10. Procedure for loss of member condition.

Article 11. Causes of cessation of the president and of the executive committee charges.

Article 12. Arrangements for meetings and calls.

Article 13. Full functions.

Article 14. Functions of the executive committee.

Article 15. Rules of the Interior and Code of Practice.

Chapter III. Legal and economic regime of the Chambers.

Article 16. Guardianship.

Article 17. Economic regime.

Article 18. Disposal and administration of property assets.

Article 19. Actionable resolutions and agreements

Article 20. Budgetary regime and annual accounts.

Chapter IV. Electoral regime.

Article 21. Electors.

Article 22. Electoral census.

Article 23. Eligible candidates.

Article 24. Opening of the electoral process.

Article 25. Call for elections.

Article 26. Election boards.

Article 27. Nominations and Proclamation.

Article 28. Vote by mail.

Article 29. Electronic voting.

Article 30. Institutional Advertising.

Article 31. Process guarantees.

Article 32. Acting organs.

Article 33. Constitution of the organs.

Article 34. Provision in case of oversold vacancies in plenary.

Article 35. Election in case of vacancies in the executive committee.

Chapter V. Extinction of Chambers.

Article 36. Extinction of the Chambers.

Additional disposition first. Protocol regime.

Additional provision second. Protection in the field of external trade.

Single transient arrangement. Designation of the plenum's vowels.

Single repeal provision. Regulatory repeal.

Final disposition first. Competence title.

Final disposition second. Adaptation to the content of the standard.

Final disposition third. Entry into force.

The basic operating system of the Official Chambers of Commerce, Industry, Services and Navigation (hereinafter "Chambers") is contained in Law 4/2014, of April 1, Basic of the Official Chambers of Commerce, Industry, Services and Navigation.

Prior to the approval of the aforementioned law, the Chambers were regulated by Law 3/1993, of 22 March, Basic of Chambers of Commerce, Industry and Navigation and with a very detailed legal regime, within which highlighted the General Regulation of the Chambers of Commerce, Industry and Navigation approved by Decree 1291/1974 of 2 May 1974, prior to the current Spanish Constitution, which has been partially repealed and amended by successive provisions rules, as has been the case with Royal Decree 753/1978 of 27 March 1978 amending the Regulation General of the Official Chambers of Commerce, Industry and Navigation of Spain, Royal Decree 816/1990 of 22 June, amending Chapter III of the General Regulation of the Official Chambers of Commerce, Industry and Navigation of Spain which regulates the electoral system of these corporations and Royal Decree 1133/2007 of 31 August 2007 amending Chapter III of the General Regulation of the Official Chambers of Commerce, Industry and Navigation, which regulates the electoral system, In addition to the aforementioned law, although its validity is currently maintained, in accordance with the law paragraph 2 of the derogatory provision of Law 4/2014 of 1 April 2014. Moreover, in the exercise of its powers in the field of internal trade and Chambers of Commerce, the various autonomous communities have been developing an important regulatory activity applicable to each of the territories.

With this new royal decree it is intended to eliminate the normative dispersion existing in the regulatory field regarding the cameras paying special attention to the regulation of the electoral regime, provided for in Chapter III of the Law 4/2014, of April 1. The content of this royal decree is directly applicable to the Chambers of Commerce, Industry, Services and Navigation of the cities of Ceuta and Melilla, on which the General Administration of the State holds the powers of administrative guardianship.

This royal decree is issued in accordance with the provisions of the final provision of Law 4/2014, of April 1.

The royal decree consists of a total of 36 articles which are structured into five chapters, two additional provisions, a transitional provision, a derogation provision and three final provisions.

Chapter I contains the general provisions governing the subject matter and scope of application. On the other hand, Chapter II refers to the organisation and operation of the Chambers. Chapter III provides for its legal and economic arrangements. Chapter IV regulates everything relating to the electoral procedure. Finally, Chapter V refers to the extinction of the Chambers.

With respect to the final part of the norm, the additional provision first provides for the protocol regime of the president of the Official Chamber of Commerce, Industry, Services and Navigation of Spain and the second provision regulates the protection of foreign trade. The single transitional arrangement provides for the scheme to be applied for the designation of the most voluntary undertakings. By means of the single derogation provision, Decree 1291/1974 of 2 May 1974, which is adopted by the General Regulation of the Official Chambers of Commerce, Industry and Navigation of Spain, is repealed.

The final disposition first picks up the enabling competency title and sets the items that are considered to be general application. The second final provision lays down the obligation to adapt to the content of this standard the Regulations of the Internal Regime of the Official Chambers of Commerce, Industry, Services and Navigation of Ceuta and Melilla. The third final provision picks up the entry into force.

During the process of its processing, the royal decree has been submitted to the public authorities involved and the economic and social partners.

In its virtue, on the proposal of the Minister of Economy and Competitiveness, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and after deliberation by the Council of Ministers in their meeting of the day of 17 July 2015,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. This royal decree aims at the development of Law 4/2014, of April 1, Basic of the Official Chambers of Commerce, Industry, Services and Navigation, fundamentally regarding the organizational, electoral, and regime aspects legal and economic and the scope of the guardianship.

2. The provisions of this royal decree apply to the Official Chambers of Commerce, Industry, Services and Navigation of Ceuta and Melilla, whose tutelage corresponds to the General Administration of the State.

Without prejudice to the above paragraph, Articles 22.3 and 4, 28.3 and 29 and the first and second additional provisions shall apply generally to all public administrations.

CHAPTER II

Organization and operation

Article 2. Government bodies.

1. They are governing bodies of the Chambers:

a) The plenum.

b) The executive committee.

c) The president.

2. The Rules of Procedure of each of the Chambers shall determine, inter alia, the structure of the Chamber, its functions, the number and form of election of the members of the Executive Committee and the rules of operation of its constituent bodies. government, subject to the basic criteria laid down in Law 4/2014, of April 1, and to this royal decree.

Article 3. The plenum.

1. The plenum is the supreme governing body and representation of the Chambers.

2. The total number of vowels and their distribution by groups and categories shall be laid down in the Rules of Procedure and shall be between 12 and 18:

(a) According to the provisions of Article 10.2.a) and 10.5 of Law 4/2014 of 1 April, two thirds of the members of the plenary session (between 8 and 12 vowels) will be the representatives of all the companies belonging to the Cameras.

(b) Pursuant to Article 10.2.b) of Law 4/2014 of 1 April 2014, representatives of undertakings and persons of recognised prestige in economic life within the constituency of each Chamber, on a proposal of the business organisations, they shall be between 1 and 5 vowels.

For these purposes, the business organisations which, being cross-sectoral and territorial at the same time, have the legal status of more representative in accordance with the additional provision sixth of the recast text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995 of 24 March, will present the list of companies and persons of recognized prestige to cover these terms in the corresponding number.

(c) In accordance with Article 10.2.c) of Law 4/2014 of 1 April, the representatives of the companies with the largest voluntary contribution in the demarcation of each Chamber shall also be between 1 and 5 vowels.

3. They may attend the meetings of the plenary, with a voice but without a vote, in accordance with Article 10.3 of Law 4/2014 of April 1, persons of recognized prestige whose number will be determined in the Rules of Procedure of the Interior from a list of candidates proposed by the president to the vowels.

4. In default of regulation by the Regulations of the Interior Regime, the total number of vowels shall be 13, determined as follows:

(a) The vowels elected by suffrage, referred to in Article 10.2.a) of Law 4/2014, of 1 April, shall be 9 distributed by groups and categories according to the representativeness of the various economic sectors which shall determine taking into account its contribution to the Gross Domestic Product (GDP), the number of enterprises and the employment corresponding to the territorial demarcation of each Chamber.

(b) The representatives of the companies and persons of recognized prestige referred to in Article 10.2.b) of Law 4/2014, of 1 April, shall be 2.

(c) The representatives of the companies with the highest voluntary contribution, as referred to in Article 10.2.c) of Law 4/2014, of 1 April, shall be 2.

d) Persons of recognized prestige who may attend the meetings of the plenary, with a voice but without a vote, without having the status of vowels, as referred to in Article 10.3 of Law 4/2014, of 1 April, shall be 3 from a list of candidates proposed by the president to the vowels.

5. The mandate of the full members will be four years, and they can be re-elected, and their status as members of the plenum is inselectable.

6. For the election of the members of the full representatives of the companies with the largest voluntary contribution to the Chamber, as provided for in Article 10.2.c) of Law 4/2014, of 1 April, the voluntary contribution paid in the Member States will be taken into account. the terms set out in the Rules of Procedure. In the absence of a Rules of Procedure, the Executive Committee shall establish the terms for the designation of these members of the plenary session.

This contribution must be made in each financial year and will be updated on an annual basis, without prejudice to the existence of other types of different contributions which may be made by other undertakings than are members of the plenum.

7. The structure and composition of the plenary, in terms of number of vowels and their distribution by economic sectors in groups and categories, shall be reviewed and updated every four years, taking into account the variations in the contribution to GDP, the the number of enterprises and the employment corresponding to the territorial demarcation of each Chamber, as set out in Article 10.2 of Law 4/2014 of 1 April, which shall be collected in the corresponding Rules of Procedure of the Internal Regime, which shall be approved by the tutoring administration. Groups shall be defined as the various forms of trade, industry, services and navigation and by category their subdivision according to the various fields of their activity, in accordance with their representativeness, the manner in which it is determined in each House's Rules of Procedure.

Article 4. The executive committee.

1. The executive committee is the permanent organ of management, administration and proposal of the House and its members will be elected by the plenum among their vowels.

2. The Executive Committee shall be composed of the President, who shall be the President of the Chamber, the Vice-Presidents or Vice-Chair, the Treasurer and the number of vowels to be determined by the Rules of Procedure, which shall be no more than 8 for the Chambers. tutored by the General Administration of the State.

3. The term of office of the executive committee shall be four years and shall coincide with that of the members of the plenary session, and may be re-elected and its status is inselectable.

4. The Tutelent Administration may appoint a representative who shall be required to convene the meetings of the Executive Committee. In the case of the Chamber of the City of Melilla, that representative shall belong to the Delegation of Economy and Finance and, in the case of the Chamber of the City of Ceuta, to the Provincial Directorate of Commerce.

Article 5. The president.

1. The President shall hold the representation of the Chamber, the Presidency of all its collegiate bodies, shall be responsible for the implementation of its agreements and shall be responsible for its management in the plenary. Their duties will be determined in the Rules of Procedure.

2. It shall be chosen by the plenary among its members by a majority in the form determined in the Rules of Procedure.

3. In the decisions to be put to the vote in the executive committee and in plenary, the president shall have a vote of quality.

4. The President, without prejudice to his personal responsibility, may delegate in writing specific and specific powers to the Vice-Presidents and, failing that, in any of the persons who are part of the Executive Committee, to the plenary. In the case of executive powers, such delegation may be carried out by the Secretary-General or the Managing Director, if any, in the form expressed.

Article 6. The Vice-Presidents and the Treasurer.

1. The Vice-President or Vice-Presidents shall, in their order, replace the President in all his or her duties in the case of absence, sickness or vacancy.

2. The treasurer shall guard the funds of the Chamber in the manner provided for in the Rules of Procedure, supervise the accounts and direct the preparation of the annual accounts.

Article 7. The managing director.

1. The Chambers may appoint a managing director who must be licensed or entitled to a higher degree, and whose appointment and termination shall correspond to the plenary session, on a proposal from the president and by a reasoned agreement adopted by half plus one of its members.

2. It is up to the managing director, regardless of the executive powers that have been delegated by the governing bodies, to manage the agreements adopted by the governing bodies of the House and the management of their services, in terms set by the president.

Attend with a voice, but without a vote, to the sessions of the governing bodies of the House and keep the executive committee and the president informed of their management and the assembly of the Chamber's activities. Where there is no managing director or he is unable to perform his duties, they shall be assumed by the Secretary-General.

This position will be subject to the employment contract.

Article 8. The secretary-general.

1. The Chambers shall have a general secretary who must be licensed or entitled to a higher degree. The Secretary-General shall be subject to the employment contract.

His appointment and termination will be up to the full House by a reasoned agreement adopted by half plus one of its members. The appointment will take place after public notice of the square held by the executive committee by means of the insertion of the corresponding announcement on the web page of the Chambers and in one of the largest newspapers in its demarcation.

The secretary-general will be from the plenary and the executive committee.

The secretary-general, with a voice but without a vote, will attend the meetings of the governing bodies of the House as such and will ensure the legality of his agreements. It shall also carry out, where appropriate, the relevant warnings for the proper conduct of the Chamber, with the corresponding minutes being recorded.

2. In addition to the tasks set out in the previous paragraph, it is for the Secretary-General, irrespective of the powers conferred on him, to draw up and sign with the President the minutes of the meetings of the government, as well as the custody of the books of the minutes, to certify, when necessary, the agreements of the governing bodies and other certifications required of the Chambers, to provide the assistance and the necessary advice to the plenary, to the committee the executive, the president and the managing director and, in general, how many other functions are inherent in his/her status of secretary. Where, for any reason, there is no general secretary or no general secretary is able to perform his duties, they shall be assumed by the person appointed by the executive committee.

Article 9. Loss of membership of the full member and of the executive committee.

The full will remember the loss of the member condition in the following cases:

a) When for oversold circumstances, no one of the necessary requirements to be elected is allowed.

(b) In the case of companies that are part of the plenary as the largest voluntary contribution, those that cease to do so in accordance with the provisions of the Rules of Procedure.

c) For not having taken possession within the time limit set in the Rules of Procedure.

d) For lack of unjustified assistance to plenary sessions for twice or four times to those of the executive committee, in the course of a calendar year.

e) By resignation or by any cause that incapacitate you for the performance of the charge.

f) By being disabled for employment or public office.

g) For serious breach of the code of good practices after the interested party's hearing.

h) By death in the case of natural persons or extinction in the case of legal persons.

Article 10. Procedure for loss of member condition.

1. The agreement of the plenary session shall be adopted after hearing the person concerned and, where appropriate, the undertaking in whose representation it acts. This agreement may be brought before the competent authority of the tutelary administration.

2. The choice to cover the vacancy produced shall be made in accordance with Article 34 of this royal decree and shall not be produced until the competent authority of the Administration has resolved the appeal, if any.

Article 11. Causes of cessation of the president and of the executive committee charges.

1. Regardless of the normal termination of his or her terms of office, the chairman and the executive committee may cease:

(a) For the reasons provided for in this royal decree for the loss of the status of full member provided for in Article 9.

b) By agreement of the plenary adopted by the two-thirds of its members.

c) By renunciation that does not involve the loss of your full voice condition.

2. The vacancy shall be filled in by the plenary session convened for the purpose within 15 days of the date of its occurrence, as provided for in Article 33.

3. The chosen person will be in charge for the time that will be missing to fulfill the mandate of the one to whom it happens.

Article 12. Arrangements for meetings and calls.

1. The Rules of Procedure of the Internal Regime shall determine the minimum quorum of attendance and voting for the sessions of the governing bodies. If no provision has been made, it shall be understood that the plenary shall be constituted and shall take validly if the following conditions are met:

(a) At first call, at least two-thirds of its members and the agreements shall be adopted by a simple majority of the assistants.

(b) In the second call, at least half of its members attend and the agreements are adopted by two-thirds of the participants. If at least two-thirds of its members are incorporated after the call for the plenary session, the rules of the first call shall apply and, consequently, the agreements shall be adopted by a simple majority.

2. In order for the executive committee to be able to validly hold the sessions, at least half of its members must attend and their agreements must be adopted by a majority of the assistants.

3. The plenary session shall meet at least twice a year, and the executive committee shall meet at least six times a year. In any event, the assistance of the president and the secretary shall be necessary for the valid constitution of the plenary or the executive committee, without prejudice to the rules applicable to their replacement in the cases of vacancy, absence or illness which is provides for in the Rules of Procedure.

4. The meetings of the plenary session and the executive committee shall be convened by the president or upon request by more than a quarter of its members. In any event, the call shall be accompanied by its corresponding agenda.

5. The representative who has designated the General Administration of the State in accordance with Article 11 of Law 4/2014, of April 1, shall be summoned to the meetings of the executive committee to which he shall attend with a voice but without a vote.

Article 13. Full functions.

The functions corresponding to the plenary session shall be governed by the Rules of Procedure of the Chambers of the Chambers, which shall include at least the following:

(a) The approval of the annual performance and corporate management programmes related to the exercise of the public-administrative functions.

b) The adoption of agreements concerning the interposition of all kinds of resources and actions in any jurisdiction.

c) The adoption of agreements concerning the participation of the Chamber in all kinds of associations, foundations, civil or commercial societies, as well as the realization of all kinds of collaboration agreements.

d) The adoption of agreements concerning the acquisition and disposal of goods, which may delegate this power to the executive committee, for amounts less than 25 percent of the fixed assets of the Chamber, without prejudice to the above in Article 18 of this royal decree.

e) The constitution of any kind of loans and guarantees, as well as guarantees that affect the goods of the House.

(f) The appointment and termination of the secretary-general and, where appropriate, the managing director.

g) The proposal for the approval and amendment of the Rules of Procedure and the elaboration of the Code of Practice referred to in Article 16 of Law 4/2014, of April 1.

h) Approval of the electoral census.

i) The election and cessation of the president and members of the executive committee, and the declaration and provision of vacancies, all in accordance with the provisions of this royal decree.

j) The appointment and termination of the persons of recognized prestige provided for in Article 10.3 of Law 4/2014, of April 1, in the terms laid down in the Rules of Procedure.

k) The approval of budgets, annual accounts, and their liquidations.

l) The approval of the annual Corporate Governance report referred to in Article 35.1 of Law 4/2014, of April 1.

m) How many privileges are not expressly entrusted to other House bodies.

Article 14. Functions of the executive committee.

The functions corresponding to the Executive Committee shall be governed by the Rules of Procedure of the Chambers of the Chambers which shall include at least the following:

(a) Conduct and direct the activities of the Chamber necessary for the exercise and development of public-administrative functions.

b) Propose to the full the annual programs of performance and corporate management and to carry out and direct those already approved giving account to the one of its fulfillment.

c) Propose to the full the exercise of actions and the interposition of resources in any jurisdiction.

d) Propose to the full the acquisition and disposal of goods, except that it has a delegation of that to the effect.

e) Confecting and proposing to the full approval of all kinds of budgets, annual accounts and their settlements.

f) Develop the annual Corporate Governance Report referred to in Article 35.1 of Law 4/2014 of 1 April 2014. Perform or order the reporting and studies related to the purposes of the Chamber.

g) Inspect and ensure the normal functioning of the services of the House.

h) Propose full or partial modification of the Rules of Procedure and the Code of Practice to the full.

i) In cases of urgency, take decisions on competencies that correspond to the plenary, giving an account to it in the first session to be held.

Article 15. Rules of the Interior and Code of Practice.

1. The Chambers shall be governed by its own Rules of Procedure, the approval of which, as well as its amendments, correspond to the tutelary administration, on a proposal from the plenary assembly, which shall be deemed to have been approved if, on the expiry of the three-year period. months from the date of the filing of the competent body to resolve, the body has not objected to it. The Tutelent Administration may, in a reasoned and express manner, refuse the final approval of the Regulation or propose its partial amendment, urging the House to submit a new draft of the Regulation within one month from the date of its adoption. next to the notification.

2. The Tutelent Administration shall promote the amendment of the Rules of the Interior Regime to a reasoned instance of 25 percent of the voters in the Chamber, raising this initiative to the full House.

3. The Rules of Procedure shall include, inter alia, the structure of its plenary session, its functions and those of the Executive Committee, as well as the number and form of election of the members of the Executive Committee, the time limits for taking office and in general the rules of operation of its governing bodies as well as the concretion of the groups and, where appropriate, the categories to be established within the census according to the criteria laid down by Law 4/2014, of April 1, and by the Administration This is the case, as provided for in the aforementioned law, as well as in this royal decree.

4. In addition and, in accordance with Article 16.3 of Law 4/2014, of April 1, the Chambers shall draw up a Code of Good Practice to ensure impartiality and transparency in the development of functions. The public administration of the Official Chambers of Commerce, Industry, Services and Navigation, which will apply to all members of the Chamber, its staff, as well as in its relations with third parties.

CHAPTER III

Legal and economic regime of the Chambers

Article 16. Guardianship.

1. The Tutelent Administration shall exercise administrative powers of approval, oversight, resolution of resources, suspension and dissolution as provided for in Article 34 of Law 4/2014, of April 1.

The employment relationships with the staff of the Chambers are outside the protection of the Administration and are subject to the scope of the management of the Chambers.

2. In the case provided for in Article 35.1 of Law 4/2014 of 1 April 2014 on the approval of the budgets of the Chamber and the audit of its annual accounts, the supervisory function will exclusively involve the following actions:

(a) The verification that the annual budgets and accounts have been approved by the bodies of the Chambers in accordance with the required majorities and in the strict fulfilment of their powers. For their accreditation, the certification of the corresponding agreement shall be provided by the person who holds the certificate of authority of the agreements of the Chambers and a supporting report of the circumstances under the supervision of the Administration.

b) The verification that the budgets comply with the principle of budgetary balance and containment, if any, of the deficit.

(c) The supervision of the annual accounts in accordance with the provisions of the audit report and the implementation, where appropriate, of the observations they have made.

3. In the case provided for in Article 37.3 and 4 of Law 4/2014 of 1 April 2014, corresponding to the dissolution of the governing bodies and, where appropriate, the extinction of the Chambers, the supervisory function will only include the approval of the the liquidation of the Chambers of the Chambers of the Board of Directors and the guarantee of the provision of own services of the Chambers without direct or indirect involvement of the Board of Directors of the debtor balances arising from the liquidation, of which exclusively respond to the legacy of the extinguished Chamber.

When, in accordance with Article 37.3 of Law 4/2014, of April 1, corresponds to the execution of the liquidation to the management body, it will carry out the corresponding proposal, which will have to be accompanied by the inventory assets and the balance sheet. The settlement proposal shall be forwarded to the Management Board by the management body, with the approval of its chairman. Both the proposal and the inventory and the balance sheet shall be subject to audit prior to approval by the management body.

4. In the case referred to in Article 5.4 of Law 4/2014, of 1 April, under which the authorization of the tutoring administration is necessary for the Chambers to promote or participate in all kinds of associations, foundations and civil or commercial companies, as well as the conclusion of appropriate collaboration agreements:

(a) The tutelent administration shall resolve the request for participation in entities within one month from the day following its receipt. After this period has not been resolved, the application shall be deemed to be estimated.

(b) When a request is made for the conclusion of collaboration agreements, the time limit for resolving shall be ten working days from the day following its receipt. After that period the application shall be deemed to be estimated.

5. The Chambers shall draw up a six-monthly report on the monitoring of participation in entities and the conclusion of agreements.

6. In both cases, the supervisory role will only be to appreciate that the relevant agreement has been adopted by the bodies of the House in accordance with the required majorities and in strict compliance with their powers.

For the purposes of the accreditation of the former ends before the Administration of Protection, the certification of the corresponding agreement issued by the certifying authority of the agreements of the Chambers and a report justifying the circumstances under the supervision of the Administration.

Article 17. Economic regime.

The Chambers shall have the revenue referred to in Article 19 of Law 4/2014 of 1 April 2014. For these purposes, voluntary contributions shall be understood as the contributions paid to the Chambers for the fulfilment of their purposes without consideration. Provision shall also be understood as a contribution to the delivery without consideration of goods or rights which are subject to economic assessment which must be accepted by the House in advance of its usefulness to the object of the activity of the same.

Article 18. Disposal and administration of property assets.

1. The Chambers must have the authorization of the tutelary administration for the disposal of immovable property and must obtain it prior to the commencement of the disposal procedure which shall be based on the principles of advertising, transparency and non-discrimination. When applying for authorisation, the statement of reasons and the purpose for which the funds are to be obtained shall be defined.

2. In the case of the acquisition of immovable property, the prior authorization of the tutoring administration to which the form and time limit for the acquisition of the immovable property must be reported shall also be necessary to ensure the availability of resources to address the same.

3. The acts of administration of the property which have an amount equal to or greater than 25% of the value of the property concerned shall also be subject to prior authorisation. When applying for authorisation, the statement of reasons and the purpose of the action intended to be carried out in order for the proper management of assets shall be defined.

4. In the case of any other non-immovable property, such authorisation shall also be required on a prior basis where the value of the good or the credit operation for any purpose that wishes to be held exceeds 25% of the ordinary budget.

5. The application shall be settled by the tutoring administration within one month. After this period has not been resolved, the application shall be deemed to be the same.

Article 19. Actionable resolutions and agreements.

1. The decisions and agreements of the governing bodies in the exercise of the administrative public functions of the Chambers are impugable by administrative appeal within one month of their adoption before the Administrative Board, whose resolution, for the purposes of the administrative-administrative appeal, shall terminate the administrative procedure.

The indicated resources will be governed by the provisions of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. Decisions in the field of elections shall be contested before the tutelary administration in accordance with the provisions of Articles 24.3, 26.7 and 31.13.

Article 20. Budgetary regime and annual accounts.

1. The Chambers should draw up, annually, ordinary budgets for revenue and expenditure and, where appropriate, extraordinary budgets.

2. In addition, the Chambers will have to submit the ordinary and extraordinary budgets to the approval of the tutoring administration, which will also have to audit its annual accounts and liquidations, in accordance with the provisions of Article 35.1 of the Law 4/2014, of 1 April, and 16 of this regulation. The annual accounts shall be drawn up in accordance with the accounting principles and standards set out in the Trade Code and the Accounting Plan of non-profit-making entities. The abovementioned annual accounts and settlements shall be submitted by the Executive Committee for approval by the plenary assembly accompanied by the corresponding external audit report.

3. The plenary sessions of the Chambers, on the basis of the proposal drawn up by the Executive Committee, shall approve the draft ordinary budget for the following year before 1 November and the clearance of the accounts for the preceding financial year before the end of the year. April 1, raising them within the maximum period of three days after their approval by the full Chambers of the Tutelent Administration for approval, which must be denied when they violate the provisions of Law 4/2014, of April 1. The approval of the budgets shall be understood, if before 30 December, and that of the accounts, if before 30 June, the tutelary administration has not made any observations.

For the performance of works and services not provided for in the ordinary budget, extraordinary budgets must be formalized. Their projects, once approved by the plenary, will be submitted to the approval of the tutoring administration, and they will be deemed approved if there is no opposition on the part of it within one month of their presentation.

The unforeseen and urgent works that do not admit delay in their execution, will be able to be carried out without the need for extraordinary budgets giving immediate transfer of their cost and the motivated justification of the necessity of its urgent implementation to the tutoring administration. In this case, the immediate adoption of an agreement by the executive committee will be necessary in which the urgent need for action is justified in a sufficient and reasonable manner and the beginning of the formalisation of the budget and of the the relevant procurement file, giving the full account of the first session to be held.

4. The annual accounts of the Chambers, together with the audit report and the annual report on the Corporate Government, will be deposited in the business register corresponding to the locations of the same and will be the object of advertising on the website of the corresponding Chamber.

5. In accordance with the provisions of article 35.3 of Law 4/2014, of April 1, the Chambers will make public on their website the grants they receive as well as any other type of public resources that they can receive for the development of their functions. For the purpose of giving publicity to the annual remuneration, it is considered that the President, the Secretary-General and the Managing Director are senior officials and top officials of the Chambers.

6. The Chambers must adapt their accounts to the provisions of Article 35.4 of Law 4/2014 of April 1, differentiating between public and private activities.

CHAPTER IV

Election Regime

Article 21. Electors.

1. They shall have the status of electors in the respective Official Chambers of Commerce, Industry, Services and Navigation natural or legal persons, national or foreign, engaged in commercial, industrial, service or shipping activities. on national territory and registered in the last electoral census approved by the House, in accordance with the provisions of Article 17.1 of Law 4/2014, of April 1, and with its respective Rules of Procedure, provided that it does not find disabled in accordance with the provisions of Article 9.3 of Law 4/2014 of 1 January 2014, April.

Foreign voters must be in a state of residence in accordance with the provisions of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration. their development regulations.

2. Activities included as defined in Article 7.3 of Law 4/2014 of 1 April 2014 shall be considered.

3. A natural or legal person shall be deemed to have a commercial, industrial, service or shipping activity where that is why he is subject to the tax on economic activities or duties replacing him in the relevant territory of the Chamber scope.

4. Natural persons shall exercise their active right of election in person. Legal persons shall exercise their active electoral rights by means of a representative with sufficient power, of a general or specific nature for the vote.

5. Natural or legal persons having establishments, delegations or agencies in constituencies corresponding to the demarcation of several Chambers shall have the status of electors in each of them. The same rule shall apply to undertakings which have their registered office in the demarcation of one Chamber and to develop their activities in that of another Chamber or other.

6. In order to be elected on behalf of or on behalf of legal persons, the majority of age shall be required and shall not be in any legal cause to prevent such a condition.

Article 22. Electoral census.

1. The electoral census of the Chambers shall comprise all of its constituents, classified by groups and categories, in consideration of the relative economic importance of the various sectors represented, in the manner determined by the respective Tutelent administration. This classification will be reviewed every four years by the executive committee.

2. The census will be formed and reviewed annually by the executive committee, with reference to January 1.

3. The State Tax Administration Agency, as well as the other territorial administrations competent in tax matters, will collaborate with the governing bodies of the Chambers to provide them with the necessary information for the preparation of the and the constitution of the censuses, ensuring that only the employees of each Chamber who determine the plenary with the mandatory duty of secrecy with respect to such data shall have access to that information. To this end, the State Tax Administration Agency shall provide the information to be released from the Economic Activities Tax Census together with the data of the companies that are necessary and which are in other censuses that are elaborates and manages, in particular, the Census of Employers, Professionals and Reholders.

4. For electoral purposes and with the guarantees deriving from the legal system for the protection of personal data provided for in Organic Law 15/1999 of 13 December, and other applicable regulations, the tutelary administration may obtain from the Chambers of Government of the Chambers of the Chambers the information contained in the electoral census that is necessary for the correct exercise of the competences that, in the electoral field, has attributed to that tutelent administration.

Article 23. Eligible candidates.

1. To be eligible as a member of the plenary by suffrage, the following requirements must be met:

(a) Having the Spanish nationality or a Member State of the European Union, that of a State party to the Agreement on the European Economic Area, that of a State whose nationals are extended by virtue of the corresponding Agreement or International Treaty, the legal regime envisaged for the citizens mentioned above, or if they have a nationality other than the former, may be a candidate in accordance with the principle of reciprocity.

b) Forming part of the House census.

c) Be an elector of the corresponding group or category.

d) Being older if it is a physical person.

(e) Take at least two years of the business activity in the territories referred to in paragraph (a). This circumstance shall be credited by the High in the Census of Employers, Professionals or Reholders or, where applicable, equivalent accreditation for the exercise of the activity in the other cases.

f) To be found in the payment of your tax and social security obligations.

g) Not to be an employee of the Chamber or to be participating in works or contests that the Chamber has convened, at the time of filing or holding elections.

(h) Not be disabled by incapacity, ineligibility or incompatibility by the current rules, nor is it disabled in a qualified court-qualified process of guilty, nor is it fulfilling a custodial sentence. It shall also not be disabled for employment or public office.

2. The term of office of the full members of the Chambers shall be four years, and may be re-elected.

3. Natural or legal persons engaged in activities corresponding to different groups of the census of a Chamber shall have an active and passive electoral right in each of them. However, if they are elected in more than one group or category, they must resign within three days of their election to the posts of members of the plenary sitting in excess of one. In the event that they do not resign within the prescribed period, it shall be carried out in the group or groups or categories in which they have established the least seniority and, if the latter is the same, the electoral right shall be exercised where there is a lower number of represent and will be automatically deemed to be the next most voted candidate.

Article 24. Opening of the electoral process.

1. As provided for in Article 18 of Law 4/2014, of April 1, the Ministry of Economy and Competitiveness will determine the opening of the electoral process, prior to agreement with the autonomous communities that have jurisdiction in this matter, corresponding to the respective administration of the call for elections.

2. Ten days after the opening of the electoral process, the Chambers shall set out their censuses, updated at least as of 1 January before, to the public at their registered office, in their delegations, on the main website of each Chamber and in those other places which they deem appropriate for their greatest publicity, during the period of twenty calendar days. Complaints concerning the inclusion or exclusion of undertakings in the relevant groups and categories may be filed from the moment the exposure of the censuses to the public is initiated up to 10 days after the expiry of the Twenty calendar days noted above. The House Secretariat shall give a supporting evidence of the submission of complaints.

3. The Executive Committee of the House shall resolve the complaints made within ten days from the date of the expiration of the open period for the submission of such claims. If the executive committee does not resolve within that period, it shall be deemed to be dismissed. An administrative appeal may be lodged against the agreements of the Executive Committee within 10 days before the tutelary administration, which shall be settled once the report of the Executive Committee has been taken. The maximum period for issuing and notifying the decision shall be one month. The resolution of the cited resource will exhaust the administrative path.

4. The lodging of the said appeal and that of the possible administrative dispute shall not entail the suspension of the electoral process unless the administrative administration or, in the case of the dispute, the Judge considers, circumstances of the case, that the non-suspension of the case may pose a serious risk to the process.

5. The Chamber shall have available on its website prominently all the models of standard documents, referred to in Article 25.2.e), so that they can be easily downloaded by the voters and candidates.

Article 25. Call for elections.

1. After the time limits laid down in paragraphs 2 and 3 of Article 24, the competent authority of the tutoring administration, after consulting the Chambers of its territory, shall hold the elections.

The notice shall be published with at least 30 calendar days, in advance of the date of the election, in the "Official Gazette" of the province or in the "Official Journal of the Autonomous Community" as appropriate, and at least in one of the most circulation newspapers within the House constituency.

The Chambers will give publicity to the call at their social venues and in their delegations and by the media they consider most timely, as well as on their website.

2. The call shall include:

a) The day and hours in which each group or category must cast the vote for the election of their representatives.

b) The number of polling stations and the places where they are to be installed.

c) The deadlines for the exercise of vote by mail.

d) The seats of the electoral boards.

e) The website or, where applicable, other means where standard models for the submission of applications, endorsements and required requirements are available, models of application for vote by mail and of envelopes and ballot papers approved by the tutelary administrative body and all those extremes deemed necessary for the homogenisation and normalisation of the electoral procedure.

3. The elections of each group and category shall be held in a single day and, when several colleges are established, simultaneously in all of them.

Article 26. Election boards.

1. Within five days of the publication of the call, the boards shall be composed of three representatives of the voters of the Chambers and two persons appointed by the tutelent administration, one of the which shall perform the duties of president.

2. The president shall appoint a secretary of the electoral board with a voice and without a vote necessarily among the officials of the tutoring administration. In any case, the electoral board shall seek the advice of a secretary of the Chambers of the Demarcation.

3. The territorial scope of the electoral boards will be at least coincident with that of the territorial demarcation of the Chamber affected by the electoral process, and may be superior to it, as determined by the tutoring administration.

4. The representatives of the voters of the Chambers on the electoral board shall be chosen by drawing, among a list of electors proposed by the executive committee of each Chamber in the form determined in the Rules of Procedure of the Interior. The drawing shall be carried out in public, chaired by a representative of the tutelary administration on the first working day following the publication of the call and two alternates shall be chosen for each member. If you apply to become a member of the plenary, you must resign from the board.

5. The mandate of the electoral boards shall be extended until the fifteen days following the date of the holding of the elections, at which time they shall be dissolved.

6. The electoral board shall be responsible for the following functions:

a) Directing and monitoring the electoral process, ensuring its objectivity and transparency.

b) Solve complaints and complaints directed to you regarding electoral procedure.

c) Approve the models of the minutes of constitution of the electoral, canvassing and proclamation of elected tables.

d) Curse how many instructions he deems relevant to the polling stations for the best development of the electoral process.

e) Unify the interpretative criteria that, on electoral matters, could arise during the process at each of the tables.

f) Curse the necessary instructions in order to the inauguration of the elected members and to the constitution of the new plenum.

g) Oversee the action of the governing bodies of the Chamber in electoral matters, being able to adopt as many agreements as it deems appropriate to guarantee the objectivity and transparency of the decisions of these bodies in the electoral process.

(h) Facilitate the electoral census of its group and category to the proclaimed candidates, as well as those legally constituted business organizations, in those groups and categories in which the proclamation of candidates belonging to the organization; always with full submission to the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Data.

i) Verify the final outcome of the votes and proceed to the final proclamation of the elected candidates.

j) Exercise any other functions not attributed to the guardianship administration or to the organs of each chamber for the purposes of ensuring the smooth development of the electoral process.

7. An administrative appeal may be brought before the Boards of Appeal against the agreements of the electoral boards within the deadline of the working day following the notification of the agreement. The electoral board which has issued the agreement shall forward the file with its report within one working day to the competent body to be resolved, which shall do so within the non-renewable period of five working days from the date of the interposition of the appeal. The appeal will not suspend the process unless the tutoring administration considers that its resolution is fundamental to the development of the process, avoiding damages of difficult or impossible reparation that must be invoked by the appellant.

Article 27. Nominations and Proclamation.

1. Applications shall be submitted to the secretariat of the Chamber concerned within 10 days of the date of publication in the "Official Gazette" of the province or in the "Official Journal of the Autonomous Community" as appropriate, of the call of the election. Nominations shall be endorsed by the signature of at least 5% of the voters of the group or, where appropriate, of the category concerned. If the number of voters in the group or category is more than two hundred, it shall be sufficient for the signature of ten electors for the presentation of the candidate. The authenticity of the signature shall be credited to the public or to the Secretary of the Chamber. The presentation of each endorsement may be made effective by any means admitted in law that guarantees its proper constitution and validity. The defects in the endorsements and in the applications shall be subsable within a period of not more than 5 days from the notification of the defect. The House Secretariat will extend diligence by stating the day and time of the filing of each candidacy.

2. After the deadline for the submission of applications and in the case of a defect of defects, the corresponding electoral board, after verifying the fulfilment of the requirements required for the submission of the applications, shall proceed to the a declaration of the candidates within five days from the date of the end of the period of submission or in the case of a remedy.

3. Where the number of candidates who have been proclaimed by a group or category is equal to that of the members to be elected, their proclamation shall be equal to the choice and is therefore not to be made.

If a number of vocalias were not reached at least half of the eligible members of the plenary according to the electoral procedure provided for in this royal decree, the House will be extinguished. In this case, according to the provisions of article 37.4 of Law 4/2014, of April 1, and for those Chambers whose protection corresponds to the General Administration of the State, the Official Chamber of Commerce, Industry, Services and Navigation Spain shall represent and provide service to the natural or legal persons provided for in Article 7.1 of that law which are located in the territory of the extinguished Chamber, without being directly or indirectly linked by the balances. Derivatives of which the assets of the Extinct Chambers will be exclusively liable.

4. The electoral board shall reflect in an act the proclamation of candidates and the incidents that have occurred. It shall send a certified copy to the tutoring administration within three days of the proclamation of candidates and shall also be given publicity for its content by means of a notice fixed at the address of the Chamber and published by the less in one of the most circulation newspapers in your constituency and on your website.

Article 28. Vote by mail.

1. Voters who foresee that on the date of the vote will not be able to exercise their right to the corresponding electoral college, may cast their vote by mail, upon personal request to the Chamber, subject to the following requirements:

a) Sending the request. The application, in standard models approved by the Tutellant Administration and provided by the respective Chamber, must be made in writing within 10 days of the publication of the call for elections and shall be submitted in the Secretariat of the Chamber or by sending it by registered and urgent mail. In the application, it shall be stated:

1. In the case of natural persons, the identification of the voter attaching a photocopy of the national identity document of the signatory, or, in his case of the passport, driving licence or resident card, which must be certified in accordance with Article 31 of the Regulation governing the provision of postal services, in accordance with the provisions of Law 24/1998 of 13 July of the Universal Postal Service and of Liberalisation of the Postal Services, approved by Royal Decree 1829/1999 of 3 December.

In the event that the natural persons lack the Spanish nationality, they must prove their identity through the corresponding identity document, or, failing that, the passport, and must also present their card identity abroad, or, in the case of nationals of a Member State of the European Union, of a State party to the Agreement on the European Economic Area, or of a State to whose nationals the Community system of aliens is extended, its certificate of registration in the Central Register of Foreigners.

2. In the case of legal persons, the registered office, the personal data of the representative in the terms of the previous paragraph and the position that he holds in the company or the relationship that ties him with it, the number of the tax identification of the entity and the documents certifying sufficient representation in the terms provided for in Article 21.

3. The group and, if any, the categories in which you want to vote. If it does not consist, the vote by mail shall be deemed to be applied for all the groups or categories in which the employer is registered.

b) Check of the applicant's electoral census. The Secretariat of the corresponding Chamber shall check the registration in the electoral census, free certification of this end and, after recording in the census so that the personal vote is not admitted, shall send the petitioner to the Certified and urgent mail the timely documentation before ten days of the date of the election.

The documentation shall be addressed in the name of the petitioner to the address indicated for that purpose or, failing that, to which it appears on the census.

If no choice is to be made in the relevant group, the applicant will be informed of this.

The House Secretariat will communicate to the electoral board the relationship of the certificates requested and issued for vote by mail.

c) Documentation to send to the applicant. The documentation, which must respond to standard models authorised by the tutelating administration, to be sent to the applicant for each group or category to which it belongs, shall be:

1. On addressed to the secretary of the electoral board indicating the president of the electoral bureau of the college for whom it is to be delivered.

2. º Ballot or ballot paper for each group in which you have the right to vote.

3. On to enter each of the ballots, on whose front the group must be included and, if applicable, the category.

4. Certification Certification of enrollment in the census.

5. º Proclaimed candidates in the corresponding group or category.

6. Instructions Sheet.

d) Voting. The voter shall place the corresponding ballot paper within the envelope in which the group and, where applicable, the category are listed. Once closed, it will introduce this first envelope, along with the certification of registration in the census, in the second envelope and will send it by registered and urgent mail to the secretariat of the respective electoral board, to be received before the 20:00 hours the day before the elections are held.

Mail votes received will not be supported after the term.

By way of derogation from paragraph (b), the voter who has obtained certificate and documentation of vote by mail wishes to vote personally, may do so by returning to the electoral table such documents. If you do not do so, you will not receive the vote.

2. The secretary of the electoral board shall deliver the votes received by mail to the presidents of the corresponding tables before the end of the voting.

Terminated the vote, the president of the bureau will proceed to introduce in the ballot boxes the envelopes containing the ballots sent by mail, verifying before the existence of the certification that must accompany each one and that the voter is enrolled in the census. The name of these voters will then be entered on the voters ' list.

3. The State Post and Telegraph Society must develop the functions that correspond to it as a provider of the universal postal service.

Other mechanisms of collaboration with the State Post and Telegraph Society may be established in the process, in the framework of a collaboration agreement that to this effect is signed with the Ministry of Economy and Competitiveness and to which the Chambers and the tutoring authorities may accede.

Article 29. Electronic voting.

1. Voters may also cast their vote by electronic means using the advanced electronic signature based on a recognized certificate.

2. In any case, the procedures for the issue of the vote shall permit the constancy of the extremes to be credited for the other voting arrangements.

3. The conditions for the exercise of electronic voting shall be laid down by order of the Minister for Economic Affairs and Competitiveness without any questions relating to the electoral procedure being regulated.

Article 30. Institutional Advertising.

The Chambers and the tutoring administration will be able to carry out institutional publicity to encourage the submission of candidates and the participation of the voters throughout the electoral period and up to twenty-four hours before of the day set for the election.

Article 31. Process guarantees.

1. Each electoral table shall consist of a president and two vowels, who have their domicile in the locality where the electoral college is established. In the terms set by the tutelary administration, the Chambers shall endeavour to establish a number of sufficient tables and colleges and a proper territorial distribution thereof in order to facilitate the exercise of the right to vote. on the part of the electorate. Presidents and vowels shall be appointed by the electoral board from among the electors domiciled in the town of the college, who are not candidates, by drawing. The electoral board shall also appoint alternate presidents and members. The president of the bureau may also request the technical assistance of a Chamber employee.

2. All electors have the right to freely access electoral premises, to examine the development of voting and scrutiny operations and to make complaints. Each candidate may designate up to two Interventors to fiscalize voting and scrutiny.

3. The voting day of a college shall not be allowed to begin without having previously extended the appropriate act of constitution for which a certified copy, signed by the president and the vowels, shall be released for each candidate who asks for it. The election schedule will be uninterrupted on the day of the vote and in no case can the table be opened for votes after 9:00 hours or closed before 21:00.

4. In the event that the appointed members of the bureau are not present in the act of the constitution, a representative of the tutoring administration, acting as president, and an employee of the Chamber, who shall act as chairman, shall assume their duties. vocal.

5. Once the vote has been started, it will not be suspended, unless it is due to force majeure, and always under the responsibility of the respective school board.

6. In the event of suspension, the minutes shall be drawn up by the bureau of the college, which shall be delivered to the chairman of the electoral board, who shall immediately inform the competent authority of the tutelating administration, in order to indicate the date on which it shall be The vote at that table again.

7. The vote will be secret. Voters shall cast their vote in the ballot box by means of a folded ballot and inserted in an envelope. If a number of names exceeds the number of vacancies to be filled in each group or category, the vote shall be deemed to be void. The vowels will note the voters who vote, indicating the number with which they appear in the census of the Chamber.

8. At the time of exercising his right to vote, the voter shall present the documents proving his personality and, where appropriate, the representation with which such a right is to be exercised.

9. The president of the bureau has authority to preserve order, to ensure the freedom of the voters and to maintain the observance of the law.

The police forces, if necessary, to protect the polling stations shall lend to the president of the bureau, in and out of the premises, the assistance required.

10. Only the electors, candidates and their representatives or financial controllers, the notaries who are required to attest to any act of the election shall have entry to the schools in so far as they do not object to the secrecy of the election and the agents of the authority which the president requires.

11. After the period indicated for the vote, the table will be put to the vote, which will be public. If only one electoral college existed, the scrutiny will be final. The appropriate minutes shall be drawn up by the members of the bureau, including the number of votes cast, in person and by mail, of those declared null and void and the candidates elected with the number of votes cast. as well as the candidates not elected with the votes obtained and the complaints which had been submitted. The candidate or candidates who have obtained the highest number of votes, and, in the event of a tie, the oldest in the Chamber's census and if it is the same, shall be considered to be eligible for the highest contribution.

12. If there are several polling stations, each table, after the vote, shall have the result of the election by stating the votes cast, personally and by mail, the nullified, blank and the number of votes obtained by each candidate and the complaints that would have been filed.

13. Complaints shall be made in writing and in writing before the electoral tables and shall be resolved by them also in the event. Against this decision, it may be brought before the electoral board within a period of two days, which shall be resolved within 24 hours and against the decision of which the parties may seek administrative appeal within two days before the competent body of the the tutoring administration, which must be resolved within 24 hours.

14. In both cases, the minutes will be forwarded to the House secretariat, where they will be deposited. Certified copies shall be made of the minutes for the candidates who request them.

15. On the third day of the end of the elections, the respective electoral board will proceed to verify the final result of the votes, according to the minutes corresponding to the different polling stations. New minutes signed by the members of the Board shall be drawn up, stating the total number of votes cast, the nullified, blank, the votes obtained by each candidate and the candidates declared elected, as well as the complaints. which would have been presented in that act.

16. The House Secretariat shall deliver to each of the elected representatives the credential that justifies their elected membership.

17. The electoral file shall be filed in the Chamber and shall be forwarded to the competent authority of the tutelary administration within 10 days of the end of the elections.

Article 32. Acting organs.

1. The governing bodies of the Chambers shall continue in the performance of their duties, from the date of the convocation provided for in Article 25.1, to the establishment of the new plenary sessions or, where appropriate, to the appointment of the management body provided for in this Article. in Article 37.2 of Law 4/2014, of 1 April.

2. The exercise in office covers only those activities of management, administration and representation that are essential for the ordinary functioning of the House, so that the new governing bodies are not compromised. elected.

3. In the event that the new plenary cannot be validly constituted, the tutoring administration shall appoint a management body for the operation of the Chamber. If, within three months, this body fails to set up the new plenary session in accordance with the procedures laid down in this Chapter, it shall ask the administration to call for new elections, without prejudice to the application of the Case, of Article 37.3 of Law 4/2014, of April 1.

Article 33. Constitution of the organs.

1. The elected members of the plenary session shall take up their posts at the beginning of the constitutive session, which shall take place within the maximum of 30 days from the date of the elections and shall immediately give the competent authority of the Tutelent administration. Natural persons shall do so in person and legal persons, by means of a representative appointed for that purpose with sufficient power. For the valid constitution of the plenum, the members of the business and people of recognized prestige in the economic life within the constituency of each Chamber, appointed by the business organizations, will be incorporated. (a) more representative sectorial and territorial authorities in accordance with the additional sixth provision of the recast text of the Law on Workers ' Statute, adopted by the Royal Legislative Decree 1/1995 of 24 March, and the representatives of the companies with a greater voluntary contribution in each demarcation, all of whom are elected in the form of determine the tutoring administration, as set out in paragraphs (b) and (c) of Article 10.2 of Law 4/2014, of 1 April; that they shall also take possession of their posts at the beginning of the session, giving the body immediate account competent in the tutoring administration.

In this case, the procedure for the designation of the vowels of paragraphs (b) and (c) of Article 10.2 of that law shall be determined by order of the Minister of Economy and Competitiveness.

2. The plenary session shall be held by a nominal and secret ballot at the election of its members, the president and other members of the executive committee. To this end, the electoral bureau will be formed, which will be composed of the two members of the highest and lowest age, respectively, of the full House and the representative of the tutoring administration, which is regulated in Article 4.4 of this real decree, which will act as president. It will do the functions of secretary that is of the House.

3. The session will be opened, the proposal of candidates for whom the vote will have to be placed will begin. Candidates will be elected by simple majority. The candidate for president shall present a single application in which all the posts and vowels of the executive committee are included. Applications shall be submitted and made public at least 24 hours in advance of the vote.

4. The electoral bureau will carry out the vote and report the result to the plenary, warning of the possibility of expressing any disagreement with the electoral act. Immediately, the corresponding minutes shall be drawn up, indicating the incidents of the electoral act, the outcome of the vote and the complaints which are subsequently sent by a certified copy of the the president of the competent authority of the tutelary administration who, with a hearing of the persons concerned, shall decide on the incidents raised within 30 calendar days from the date of its receipt.

5. If any, the competent authority of the tutoring administration shall have the publication in the "Official Gazette" of the province or in the "Official Journal of the Autonomous Community" of the appointments of the President, Positions of the executive committee and members of the plenary session.

6. The president shall propose to the full the persons of recognized prestige of the economic life of the territorial scope of the district district that they will be able to attend the meetings of the same, with voice but without vote, in accordance with article 10.3 of the Law 4/2014, of April 1.

Article 34. Provision in case of oversold vacancies in plenary.

1. The vacancies produced by the loss of a full member's condition for any of the causes referred to in Article 9 shall be provided, in the case referred to in Article 10.2.a) of Law 4/2014, of 1 April, by means of their replacement by the next most voted candidate within their group or category. If there is no other candidate, the vacancies shall be provided by choice in the group or category concerned.

To this end, the Secretariat of the Chamber shall, within 10 days of the vacancy declaration, communicate in writing this circumstance to the constituents concerned, or if their number exceeds one hundred, by means of notice in the "Official Gazette" of the province or in the "Official Journal of the Autonomous Community", as appropriate, and at least one of the most important newspapers in the demarcation of the Chamber, in order to enable those who wish to present the application in accordance with the provisions of this chapter, giving account to the tutoring administration.

The electoral board's own powers in these cases will be taken up by the executive committee.

The chosen person will be in charge for the time that is missing to fulfill the mandate of the one to replace.

2. In the case of the vowels of groups (b) and (c) of Article 10.2 of Law 4/2014 of 1 April 2014, the Secretariat of the Chamber shall communicate to the most representative intersectoral and territorial business organisations as well as to the undertakings of greater voluntary contribution in each demarcation of this circumstance to the designation of new vowels.

The designated person will hold the charge for the time that is missing to fulfill the command of the one to replace.

Article 35. Election in case of vacancies in the executive committee.

1. Where the vacancy produced in the plenary session has the effect of a vacancy on the executive committee, or of the chair of the House itself, the vacancy of the plenary session shall first be filled, in accordance with the procedure laid down in Article 34.

2. Held this election, the vacancy of the office of president or of the rest of the executive committee shall be provided in session of the plenary session, in accordance with the procedure laid down in Article 33.

CHAPTER V

Extinction of the Chambers

Article 36. Extinction of the Chambers.

1. In the case where the assumptions provided for in Article 37 of Law 4/2014 of April 1 are given, the House shall be extinguished.

2. It is considered that the presumed determinants of extinction are given when any of the following assumptions occur and, in addition, the holding of elections and the constitution of the governing bodies of the House has not been possible:

(a) Infractions of the current legal order that, because of their seriousness or reiteration, make this measure advisable and have not been able to be remedied during the period of suspension referred to in Article 37.2 of Law 4/2014, April 1.

b) Impossibility of normal functioning of the governing bodies.

3. In the cases referred to in Article 37.2 and 3 of Law 4/2014 of 1 April 2014, the management body shall be composed of a representative of the Government Delegation, a representative of the Ministry of Economy and Competitiveness, a representative of the Ministry of Finance and Public Administrations, a representative of the Official Chamber of Commerce, Industry, Services and Navigation of Spain and a representative of the Chamber concerned.

Additional disposition first. Protocol regime.

The President of the Official Chamber of Commerce, Industry, Services and Navigation of Spain, to the sole effects of the definition of his precedence, will be equated protocolarily to the authorities mentioned in paragraph 22 of the Article 10 and Article 12 (25) of Royal Decree 2099/1983 of 4 August, approving the General Order of Precedence in the State.

Additional provision second. Protection in the field of external trade.

1. The protection provided for in Articles 33 and 34.2 of Law 4/2014 of 1 April of the Official Chambers of Commerce, Industry, Services and Navigation and of the Official Chamber of Commerce, Industry, Services and Navigation of Spain the activities related to foreign trade, it is up to the Secretariat of State of Commerce, which will exercise it through the Directorate General of International Trade and Investments in coordination with ICEX, Spain, Export and Investments.

2. For the effective exercise of this protection, the Official Chambers of Commerce, Industry, Services and Navigation and the Official Chamber of Commerce, Industry, Services and Navigation of Spain will have to communicate to the Administration of protection the activities of general interest relating to foreign trade which have been agreed by their governing bodies. By order of the Minister of Economy and Competitiveness, the procedure and the deadlines for the exercise of the guardianship provided for in Articles 33 and 34.2 of Law 4/2014, of April 1, will be regulated.

In any event, the role of guardianship in activities that require the authorization of the tutoring administration will mean that the corresponding agreement has been adopted by the bodies of the Chamber in accordance with the majority required, in strict compliance with their powers and their impact on the general interest of foreign trade.

3. The Cameral Plan of Internationalization will be approved by the Secretariat of State of Commerce, on a proposal from the Official Chamber of Commerce, Industry, Services and Navigation of Spain and after consultation with the Autonomous Communities. The implementation of this Plan will be carried out by agreement between the Ministry of Economy and Competitiveness and the Official Chamber of Commerce, Industry and Navigation of Spain, and in collaboration with the Chambers of Commerce, Industry, Services and Navigation. By order of the Minister of Economy and Competitiveness, the terms for the subscription of the agreement will be fixed. The procedure, time limits and minimum content of the other cooperation mechanisms provided for in Article 22 of Law 4/2014 of 1 April 2014 shall also be regulated.

Single transient arrangement. Designation of the plenum's vowels.

For the designation of the companies with the largest voluntary contribution, consideration will be given to the contributions made since the entry into force of Law 4/2014, of April 1. In the event that no voluntary contributions have been made and for the first plenary session which has been established since the entry into force of Law 4/2014 of 1 April, the contributions obtained from the last resort will be taken into consideration. permanent accrual and paid.

Single repeal provision. Regulatory repeal.

Decree 1291/1974, of 2 May, is hereby repealed and approved by the General Regulation of the Official Chambers of Commerce, Industry and Navigation of Spain.

Final disposition first. Competence title.

1. Articles 22 (3) and (4) and (2) and (2) and the first provision have the character of basic legislation on the basis of the legal regime of public administrations in accordance with Article 149.1.18. of the Constitution.

2. Articles 28.3 and 29.3 are issued under the exclusive competence of the State to regulate the postal and telecommunications matters referred to in Article 149.1.21. of the Constitution.

3. The second provision is made under Article 149.1.10. of the Constitution on exclusive powers of the State in the field of foreign trade.

Final disposition second. Adaptation to the content of the standard.

The Official Chambers of Commerce, Industry, Services and Navigation of Ceuta and Melilla will adapt to the content of this royal decree its current Regulations of the Interior Regime within three months from its entry into force.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on July 17, 2015.

FELIPE R.

The Minister of Economy and Competitiveness,

LUIS DE GUINDOS JURADO