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Order Ssi/1449/2015, Of 13 July, Which Establishes The Regulatory Bases Of The National Competition Of Young Entrepreneurs.

Original Language Title: Orden SSI/1449/2015, de 13 de julio, por la que se establecen las bases reguladoras del Certamen Nacional de Jóvenes Emprendedores.

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The Royal Decree 200/2012, of 23 January, for which the basic organic structure of the Ministry of Health, Social Services and Equality is developed and the Royal Decree 1887/2011 of 30 December 2011 is amended, establishes the basic organic structure of the ministerial departments, has in its article 2.7, that the Youth Institute is attached to the Department through the Secretariat of State of Social Services and Equality, with nature legal, structure and functions provided for in their specific legislation.

For its part, the Royal Decree 486/2005 of 4 May, approving the Statute of the autonomous body Instituto de la Juventud, determines that among the functions assigned to it is the free and effective participation of youth in the political, social, economic and cultural development of Spain, as well as the cultural promotion of youth.

In accordance with these aims, the Youth Institute wants with the National Cerrendime of Young Entrepreneurs, to foster among young people the entrepreneurial culture, as an engine of dynamism of the general economic activity, facilitating the consolidation and growth of the enterprise projects promoted by them, regardless of the territory of the State in which the project is carried out. This event is part of the 2013-2016 Strategy for Entrepreneurship and Youth Employment, launched by the Government of Spain, which has as one of its objectives to promote the entrepreneurial spirit of young people and includes, among others lines of action, a package of measures to support entrepreneurs.

The competence of the State to dictate this order is justified in Article 149.1.13. º of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the activity economic. As regards the centralisation of its management, this is justified since, since it is an event with a budget and aid for very limited projects, it is possible to guarantee the same possibilities for obtaining and enjoying the potential of its potential. (a) to be addressed throughout the national territory, while avoiding the overall amount of State resources allocated to the sector being exceeded.

This order of bases, which comes to regulate the regime of economic aid destined immediately to foster among the young the entrepreneurial culture, through the National Certique of Young Entrepreneurs is dictated by pursuant to Law 38/2003 of 17 November, General of Grants, which establishes, in Article 9, that, prior to the granting of the grants, in the field of the General Administration of the State, the rules must be adopted to establish the regulatory basis for granting and be published in the "Official State Gazette". For its part, Article 17 of the required Law provides that the aforementioned regulatory bases must be approved by ministerial order and points out the ends that must be specified, at least.

This order has been previously informed by the State Advocate in the Department and the Delegate Intervention of the General Intervention of the State Administration at the Youth Institute.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object and scope of application.

1. The purpose of this order is to establish the regulatory bases for the National Youth for Young Entrepreneurs, whose purpose is to support young people who lead innovative and viable projects, of companies already constituted, with a maximum age of three years and a minimum of one at the closing date for the submission of applications for each call, irrespective of the sector in which they are promoted. To this end, the first ten selected will be granted an economic aid to facilitate the consolidation of the enterprise project promoted by each of them.

2. For the purposes of this order, an undertaking shall be the self-employed, the family-owned enterprises, the collective societies and the associations which carry out an economic activity on a regular basis, in accordance with Commission Recommendation 2003 /361/EC, of 6 May 2003, in any case promoted by young people of Spanish nationality and those with legal residence in Spain, who do not exceed the age of 35 years at the deadline for the submission of applications.

3. The Contest will be held annually and will be convened each year in a timely manner.

Article 2. Grant and financing procedure.

1. The economic aid referred to in this order shall be granted by means of the competitive competition procedure.

2. Each concession procedure shall be initiated on its own initiative by public notice, adopted by a decision of the holder of the General Directorate of the Youth Institute and published in the "Official Gazette of the State", as established In Article 23 of Law 38/2003, of 17 November, General of Grants.

3. The financing of the National Youth for Entrepreneurs will be financed by the appropriations which, for this purpose, will be determined in the General Budget of the State for the Youth Institute of the Ministry of Health, Services Social and Equality.

4. The invitation to tender shall fix the budget item to which the prizes to be awarded are to be charged.

Article 3. Individual amount of the aid.

To each of the first ten selected, according to the criteria of valuation regulated in this order, they will be awarded an economic aid of twenty-five thousand euros (25,000 €). Where appropriate, the retention of the relevant IRPF shall apply.

The aid shall be granted on an early payment basis in accordance with the second paragraph of Article 34.4 of Law 38/2003 of 17 November.

Article 4. Beneficiaries.

The National Youth Competition is aimed at young people of Spanish nationality and those with legal residency in Spain, whether they are natural or legal persons.

In the case of natural persons, they must have legal residence and work permit in Spain, and do not exceed the age of 35 years at the closing date of the filing of applications.

When the project is carried out by a legal person, the application must be submitted by the legal representative of the legal person, who in no case must exceed 35 years at the deadline of the filing of the applications. They shall also make a responsible statement that the share capital belongs (51%) to young people who do not exceed 35 years.

The registered office and the scope of the main activity of the project to be presented must be, in any case, in Spanish territory.

Also, individuals, both natural and legal, who attend the corresponding calls must meet the date of publication of the same, the following requirements:

a) To be found in the current tax and social security obligations.

b) Not to be incurred in the remainder of the prohibitions which, in order to obtain the condition of beneficiary of grants is required, in accordance with Article 13.2 and 13.3 of Law 38/2003, of 17 November.

(c) Justified, where appropriate, economic aid received prior to the Youth Institute.

Article 5. Submission of nominations. Requirements, form and deadlines.

1. The request for participation in the National Young Entrepreneurs ' Cerranden should be formalized using the model of the instance that is detailed in the resolution of the annual call that is made of the same and that will be available in the web page of the Youth Institute.

The applications, addressed to the head of the Directorate General of the Youth Institute, as well as all the documentation presented to the event, may be presented in the General Registry of the body, Calle Ortega y Gasset, 71, 28006 Madrid, in the registers and offices referred to in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, or through the Register The Ministry of Health, Social Services and Equality.

The submission of applications must be made within 20 working days, counted from the day following the publication of the call for the Cerretan in the "Official State Gazette".

The submission of an application implies full acceptance of the regulatory bases of the Certamen. Similarly when submitting such an application, the instructor is authorised to:

(a) Carry out the verification of your data by means of the Identity Data Verification System under Royal Decree 522/2006 of 28 April 2006, which suppresses the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related or dependent public bodies.

If the applicant expressly denies his/her consent, he/she must provide photocopy of his/her DNI/NIE.

(b) To check whether the tax and social security obligations of the applicant or the company to which he or she is a natural or legal person are established in accordance with what is Article 18 and 19 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July.

If the applicant expressly refuses his/her consent, he/she must provide the certifications to be aware of the above obligations, in accordance with the provisions of Articles 18, 19, 20, 22 and 23 of the Regulation of the General Law of Grants.

c) Use, publish and disclose your name, project and image, in communications that are informative or divulgative, in both media and digital media.

d) Perform the verification of being in a situation high in the census of economic activities of the State Tax Administration Agency.

If the applicant expressly denies his/her consent, he/she must provide the corresponding certificate.

2. A memory shall be provided, together with the application, with the following paragraphs:

a) Presentation of the company.

b) Description of the activity, product description/service offered.

c) The geographical scope of the business project and the market to which it is addressed.

d) The management team and the staff; curriculum of the project's promoter team; number of jobs created in the years of the company's seniority and the number of jobs created for the following year.

e) Innovative character of the project and use of new technologies.

f) Current project situation: description of the main milestones achieved, positioning, growth of demand; suppliers, customers, marketing plan, etc. ..

g) Financial economic data: profit and loss account of the years of operation of the company and the forecast of the next three; and balance of the situation of the years of operation of the company and the forecast of the three next.

h) Growth prospects and future projects.

i) Degree of internationalization: description of current or planned international expansion in the future.

j) Explanation of why it is believed to be worthy of the contest.

3. Other documentation to accompany the application:

(a) The express declaration of not being disabled or incourses in prohibition for obtaining state aid or subsidies, as provided for in Article 13.2 of Law 38/2003 of 17 November.

(b) Copy of the company's NIF card and the company's constitution, statutes and subsequent amendments where applicable.

c) Copy of the work permit, in the case of non-Spanish citizens and from countries not included in the European Union.

In application of article 35 of Law 11/2007, of June 22, of electronic access of citizens to Public Services, to facilitate the presentation of the deeds of incorporation of the company, statutes and (i) further amendments, if appropriate, and of the work permit, in the case of non-Spanish nationals and from countries not included in the European Union, the persons concerned may provide a digitised copy of these documents, the fidelity of which they the original shall ensure by the use of the electronic signature. The Youth Institute may also require the individual to display the original document in order to verify its veracity, in case the project is a winner.

d) In the case of legal persons, a responsible statement that the share capital is mostly young people under the age of 35.

4. Error correction. If the application does not meet any of the requirements laid down in this order and the annual meeting of the Certère, or any of the requirements laid down in Article 70 of Law No 30/1992 of 26 November, persons shall be required to applicants so that, within 10 working days, they will remedy the misconduct or accompany the required documents, all in accordance with Article 71.1 of Law 30/1992, of 26 November. If this is not done, the request shall be withdrawn.

Article 6. Sorting and Instruction.

The body responsible for the management and instruction of the procedure will be the Division of Programs of the Youth Institute, who in accordance with the provisions of Article 24 of Law 38/2003 of 17 November, will carry out ex officio as many actions as it considers necessary for the determination, knowledge and verification of the data under which the decision is to be taken.

In particular, it will have the power to request as many reports as it deems necessary to resolve or to be required by the rules governing the Cerpentry; and to propose to the head of the Directorate General of the Institute of Youth, the final resolution to be taken on the basis of the report issued by the Commission on the Evaluation of Cerdage.

Article 7. Evaluation Committee.

1. Each call shall determine the formation of a Commission of Evaluation, which shall act as a collegiate body referred to in Article 22.1 of Law 38/2003 of 17 November, consisting of five members appointed and appointed by the Commission. Head of the Directorate-General of the Youth Institute.

2. The composition of the Evaluation Committee shall be as follows:

a) A presidency.

b) Four vocaliases.

(c) A secretariat: with a voice but without a vote, which shall also be designated by the person holding the Directorate-General of the Youth Institute.

3. The Evaluation Committee shall adjust its action to the legal system of the collegiate bodies governed by Title II of Chapter II of Law 30/1992 of 26 November.

4. The Evaluation Committee shall transfer the proposal for the award of the Cerretan to the Programme Division of the Youth Institute, as an instructor, who shall propose to the head of the Directorate-General of the Institute (a) the final resolution to be taken on the basis of that proposal.

Article 8. Assessment criteria.

The Contest aims to support innovative projects, so it will only be considered those that contribute to this character.

The innovation component is defined below, and can incorporate the project or several of these aspects:

a) Product innovation: introduction of a new product or service or with a high degree of improvement, with respect to its characteristics or its intended use.

b) Process Innovation: Implementation of a new or high degree of improvement production or distribution method.

c) Marketing Innovation: The implementation of a new marketing method that involves significant improvements in the design of the product or its presentation, or its policy of positioning, promotion or price.

d) Organizational innovation: The implementation of a new method of organization applied to the business practices, the workplace or the external relations of the company.

Projects that meet the innovative character will be valued by the Evaluation Commission, through the following assessment criteria:

a) The business model, sustainability and growth potential (up to 10 points).

b) Relevant economic results, both those obtained so far and those expected in the coming years (up to 10 points).

c) The innovative and original character of the project and the use of new technologies (up to 10 points).

d) Job creation (up to 5 points).

e) Prospection, opening and presence in international markets (up to 5 points).

Article 9. Resolution and notification.

1. The decision on the award of the award shall be made by the head of the Directorate-General of the Youth Institute and shall contain the ratio of the successful tenderers, ten in total. It will also contain the rejection of all other requests.

Any alteration of the conditions taken into account for the granting of the aid may result in the amendment of the award decision, as provided for in Article 19.4 of Law 38/2003, of 17 May November.

2. The maximum period for resolving and notifying the award of the Cervoto shall be six months from the date of publication of the notice in the "Official Gazette of the State". After that time limit without any express resolution, the applications submitted by administrative silence shall be deemed to be rejected. An extension of the maximum time limit for resolution and notification, in the terms and limitations laid down in Article 42.6 of Law No 30/1992 of 26 November, may exceptionally be agreed upon, applicants.

3. This decision shall bring an end to the administrative procedure and may be brought against the same potestative remedy within a period of one month in accordance with Articles 116 and 117 of Law No 30/1992 of 26 November 1992. from the day following that of its notification, to the head of the Directorate-General of the Youth Institute, or to a judicial-administrative appeal within two months, from the day following that of the notification of the resolution, in accordance with the provisions of Articles 9, 45 and 46 of Law 29/1998 of July 13, of the Legal-Administrative Jurisdiction.

4. The decision with the ten successful bidders will be made public in the "Official State Gazette", and will be notified individually to each of them in the terms provided for in Law 30/1992, of November 26.

Article 10. Compatibility with other aids.

The aid covered by this order shall be compatible with the collection of other aid, grants, revenue or resources for the same purpose from any public or private authorities or bodies, national, European Union or international bodies.

The successful recipients of other editions of the National Young Entrepreneurs ' Cerdrende will not be able to report again to any such call.

Article 11. Publication.

The ten projects selected, may be disclosed by the Youth Institute of the Ministry of Health, Social Services and Equality, in the communications that I make of an informative or informative nature, and in both media and physical media, and on the Internet.

Article 12. Data protection.

The personal data collected in the application form part of a file of ownership of the Youth Institute and will be subject to the protection established by the Organic Law 15/1999, of December 13, Protection of Personal Data. The submission of the grant application involves the authorisation of the applicant to treat them automatically and to give them, for the purpose of evaluation, monitoring and control to the evaluating body and to the Community control bodies and national, if any.

Article 13. Obligations of the beneficiaries.

The beneficiaries of the Certicus will be obliged to comply with the obligations which, as a general rule, are set out in Article 14 of Law 38/2003 of 17 November.

Article 14. Justification of the aid.

1. The amount of the financial aid granted shall be justified within the maximum period of three months after one year of the payment of the aid. The supporting costs shall be incurred only during that year and charged in one or all of the following:

a) Social Security quotas.

b) Hiring employees.

c) Local rental.

d) Technical media.

e) Supplies derived from the activity (telephone, light, water, gas ...).

f) Acquisition of fixed assets required for the activity.

2. As a general rule, the justification shall take the simplified supporting account mode with the provision of supporting documents in the terms of Article 75 of the General Grant Law Regulation.

Article 15. Reintegrate.

1. In accordance with the provisions of Article 17 (3) (n) of Law 38/2003 of 17 November, the following criteria are laid down for the graduation of possible breaches of the conditions imposed by the granting of the aid in question. each case:

Incompliance partial of the purposes for which the application was submitted.

defaults

Grades

Help Distorting or hiding conditions.

100%

non-compliance for the purposes for which the request was submitted.

100%

Providing the unfulfilled

to comply with the justification.

100%

Justification.

Unjustified Party

2. In accordance with Articles 37 and 38 of Law 38/2003 of 17 November, the reimbursement of the amounts received, as well as the requirement of interest for late payment, shall be made from the time of payment and up to the date on which the payment is agreed. source of the refund, in the following cases:

drawback causes

Percentage to Reintegrate

Obtaining of the help by distorting or hiding conditions.

100

non-compliance for the purposes for which the request was submitted.

100

Partial non-compliance for the purposes for which the request was submitted.

Providing the missed

100

Justification.

100

100

Unpresented part-central-table-to-part_body

3. The return of all or part of the grant without the prior requirement of the Administration by the beneficiary will be made in the current account of the Youth Institute. Once the remainder has been entered, you must accredit it to the Programs Division of the Youth Institute.

4. The procedure for reimbursement is governed by the stipulations contained in Article 42 of Law 38/2003 of 17 November.

Article 16. Responsibility and sanctioning regime.

The beneficiaries of the Certítà will be subject to the responsibility and sanctioning regime that, on administrative violations in the field of grants, establishes Title IV of Law 38/2003, of 17 November. They shall also be subject to the provisions of Title IX of Law No 30/1992 of 26 November 1992 and of Royal Decree 1398/1993 of 4 August 1993 on the Rules of Procedure for the exercise of sanctioning powers.

Single additional disposition. Advertising in the national grant database.

To the grants convened or granted on the basis of these regulatory bases as from 1 January 2016, the provisions of Articles 17.3.b), 18 and 20.8 of Law 38/2003 of 17 November 2016 shall apply to them. (a) the provision of grants through the national grant database, as laid down in the transitional provision of Law 15/2014 of 16 September 2014 on the rationalisation of the public sector and other reform measures administrative.

Final disposition first. Competence title.

This order is dictated by the provisions of article 149.1.13. of the Constitution.

Final disposition second. Faculty of development.

The head of the Directorate-General of the Youth Institute may, if necessary, dictate the provisions necessary for the proper implementation of the provisions of this order.

Final disposition third. Entry into force.

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

Madrid, July 13, 2015. -Minister of Health, Social Services and Equality, Alfonso Alonso Aranegui.