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Article 33 of the law 23/1998, of 7 July, international cooperation for development, provides for the establishment of the register of organizations not governmental development (ONGD) attached to the Spanish Agency of international cooperation for development. He Real Decree 993 / 1999, of 11 of June, approved the regulation of the registration of NGO in which is regulated the content of them inscriptions, as well as the procedures of registration, modification and cancellation.
It access to the record is, as sets the cited article 33 of the law 23 / 1998, of 7 of July, a condition indispensable for receive of them administrations public aid and grants Computable as helps official to the development, while allows access to them incentives tax that provides the article 35. This circumstance requires to verify the suitability of the entities that are registered, as well as the accuracy of the registered data, and to take the necessary measures to keep the information up-to-date, achieving the highest level of fidelity of the registration to the reality.
He time elapsed from it approval of the regulation has since of manifesto it importance of the record of NGO as reflection of the diversity and features of the woven associative committed with it solidarity international, as instrument for the advertising of them NGO, as reference for to welcome is to them benefits tax that it law determines, as well as for it management of them calls of grants both State-level as autonomic. However, them changes produced in the sector and in the own Administration General of the State, together with the creation of records of the same nature in some communities autonomous make that the adaptation of the regulation to the new context is inescapable.
The regulation addresses, first, the definition of the type of entity capable of registration. The evolution of the NGO sector, driven by a growing social implementation, experience and professionalism in its operation, has modified the structure and behavior of the same, and has also led to an increase in their number. It is therefore convenient to develop shallow definition of NGO which provides article 32 of law 23/1998 of 7 July. Is clarified so concepts of strong indeterminacy as the character not Government of them applicants, excluding to those that maintain links legal of dependence with the administrations and entities of the sector public; weekends in cooperation or sufficient structure, requirements, all of them who have to comply with those entities requesting the registration of NGOS.
The definition of the subjective sphere with the description of the first registration procedure is completed.
He real Decree sets a period transitional of twelve months for them entities currently registered is adapted to the requirements and obligations established in the new regulation.
In second place, the Royal Decree is those aspects related with the maintenance and update of the data registry.
Subsequent enlargement of the access of citizens to public services through electronic means possible, firstly, that documentation can be sent preferably in this format. On the other hand, facilitates the update of some of the most relevant registered data, that is, those who can obtain an x-ray of the structure and environment in which registered entities develop their functions, to be faster and more efficient. Therefore, is give them conditions necessary so that can establish is procedures of update almost permanent of the record.
With this purpose of maintaining a record of NGO with up-to-date information, the regulation regulates the figures for the updating and modification of the registered data, as well as the suspension of registration in cases where those do not occur within the deadlines set.
With the same objective is regulate them processes of succession of entities registered in the register, attending so to the context current in which is is producing an increase of mergers, takeovers or simple changes of form legal to which must give response the registration of NGO.
Finally, some autonomous communities, making use of the option provided for in article 33.1 of the Act 23/1998 of 7 July, have created records of NGO in their respective territories. However, the NGO registry regulation did not provide for joint cooperation instruments between them and regional records, beyond the generic mandate introduced by the legislator in article. This circumstance is to be remedied in the new wording of the regulation, which provides for this particular sign collaboration agreements in order to ensure communication and approval of registration data by electronic means.
The Royal Decree has been informed by the Council of cooperation to the development.
By virtue, on the proposal of the Minister of Foreign Affairs and cooperation, prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of March 20, 2015, HAVE: single article. Approval of the regulation.
Approves the regulation of the registration of organizations not governmental development attached to the Spanish Agency of international cooperation for development, whose text is then inserted.
Sole additional provision. No increase of the expenditure public.
The application of the present Royal Decree will be no increase in cost of operation of the respective governing bodies and does not imply increased endowments, remuneration or other staff costs.
Sole transitional provision. Adaptation of institutions to the new regulation.
1. entities registered in the register of organizations not governmental development on the date of entry into force of this Royal Decree shall adapt its registration in the register, as well as adaptation to the relevant regulations in accordance with their legal nature, in the twelve months following its entry into force. Within this period without that adaptation, has been requested registration may initiate ex officio the procedure for cancellation of the registration, prior procedure of hearing.
2. the Director of the Spanish Agency of international cooperation for development shall rule on the suitability of the adaptation of the entities registered within the period of six months from your application.
3. in cases where the requesting entity's adaptation does not comply with the requirements for registration, the registration of organizations not governmental development will solve the cancellation thereof, prior procedure of hearing.
Provision repealing only. Repeal legislation.
1.Queda repealed the Royal Decree 993/1999, of 11 June, which approves the regulation of the registration of organizations not governmental development attached to the Spanish Agency of international cooperation.
2. other provisions of equal or lower rank which is contrary to the provisions of this Royal Decree and the regulation which approves are also repealed.
Available end first. Powers of implementation.
It empowers the Director of the Spanish Agency of international cooperation for development, prior compliance with the timely arrangements, enact all necessary measures in the implementation and the application of provisions in the regulation which approves.
Second final provision. Skill-related title.
The present Royal Decree is issued under cover of the provisions of article 149.1.3. ª of the Constitution, which corresponds to State exclusive jurisdiction over "international relations".
Third final provision. Entry in force.
He present Royal Decree will enter in force the day following to the of your publication in the «Bulletin official of the State».
Given in Madrid, on March 23, 2015.
The Minister of Foreign Affairs and cooperation, JOSÉ MANUEL GARCÍA-MARGALLO MARFIL REGULATION NON-GOVERNMENTAL DEVELOPMENT article 1 OF THE REGISTER OF ORGANIZATIONS. Object.
This regulation is intended to regulate the registration of organizations not governmental development (ONGD registration) provided for in article 33 of the law 23/1998, of 7 July, international cooperation for development, the registration in the same procedure and collaborative relationships with records of NGO of the autonomous communities.
Article 2. Legal regime.
The procedures of registration, modification and cancellation are governed by the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure and in this regulation.
Article 3. Secondment.
The registration of NGOS under the Ministry of Foreign Affairs and cooperation and is attached to the Spanish Agency of international cooperation for development (AECID) through its Director.
Article 4. Scope subjective.
1.podran be registered in the register of ONGD them entities of right private, legally constituted in Spain, without purposes of profit, that enjoy of full capacity legal and of Act, that have between their purposes or as object Express, according to their own statutes, the realization of activities related with them principles and objectives of the cooperation international for the development and that have of a structure susceptible of ensure enough the compliance of their objectives.
2. the non-governmental development organizations registered NGO registration may not hold a legal relationship of dependency with no civil service or public sector entities. Is presumed this relationship of dependence when in its organs of Government are formed in more than one 30 by 100 by people that act in representation of administrations public or entities of the sector public.
In any case they will be recognized as organizations not governmental development, to the effects of this regulation, universities, political parties, professional associations, the official Chambers of Commerce, industry and navigation, business organisations and trade unions.
3 means that an entity carries out activities related to the principles and objectives of the international development cooperation when the purpose established in their statutes is the promotion of the principles and objectives set out in articles 2 and 3 of the law 23/1998 of 7 July, and develop its activity continuously in some countries and sectors of cooperation to development established by the development assistance Committee the Organization for cooperation and economic development, as well as in the field of education for development.
4. is means that an entity has of a structure susceptible of ensure sufficiently the compliance of their objectives when possess media materials and personal own that ensure the sustainability of the activities that performs.
Article 5. Content of the inscriptions.
1. registration of NGO will practice them inscriptions through procedures computer in leaves registration independent and that contain spaces necessary for the practice of them seats mandatory.
2 registration sheet shall contain at least the following seats and its amendments: to) denomination.
(b) tax identification number.
(c) address of Headquarters, as well as, where appropriate, of their delegations.
(d) data identification of the promoters or founders.
(e) date of approval and, in his case, amendment of the statutes.
(f) number and date of registration, of State or regional, area concerned on the basis of its legal nature.
(g) identification of the people that make up the body of Government.
(h) purposes and activities related to the principles and objectives of international cooperation for development.
j) heritage and sources of funding.
(k) number of cooperating that work in the entity.
(l) number of partners and volunteers.
(m) date of registration.
Article 6. Application for registration.
1. application form shall apply to the registration of NGOS and will be presented in the general register of the AECID or at any of the offices and records referred to in article 38.4 of law 30/1992, of 26 November, accompanied by the documentation that is listed in the following article.
2. If the request is made of form electronic, it documentation that not has could be attached in format digital may present is by any of them media indicated in the paragraph previous.
Article 7. Documentation that should provide is with the application of first registration.
(1.A the first registration application should be accompanied by the following documentation: to) identity of the representatives of the entity and supporting documentation of its representation.
(b) proof of the legal status of the entity using the copy of the agreement creating or founding act and its statutes.
(c) copy of identification card.
(d) certificate of entry in the appropriate public register depending on the legal nature of the entity. This certificate shall include the name, registered office, registration number, date of high and, where appropriate, of the last update and authorized representatives.
(e) statement of the legal representative of the entity which includes a brief description of the activity that performs the entity responsible for the sector to which addressed his performance, the list of activities, projects and programmes that the institution has carried out in the field of international cooperation for development, as well as, where appropriate, grants and aid destined for the international development cooperation received by Government or by international donors.
The responsible statement will reference finding themselves fulfilled their tax obligations, with social security and by reinstatement of subsidies.
(f) certificate of the entity that is verifying the existence of sufficient structure to ensure the purpose of the entity. He certified must contain at least the organization chart of the entity and their delegations, the number of people partner, the personal hired and the number of volunteers and cooperating dedicated to them activities related with the cooperation international for the development.
(g) certified of the entity in which is credited them funds received from of quotas of partners, donations and income generated by activities of catchment of funds private susceptible of finance part of the activity of the entity.
(h) memory annual corresponding to the last year of activity, if it is.
(2. applicants may authorize the AECID to collect data relating to some of the required documents and to verify that the entity is aware in the fulfillment of tax obligations, with social security and by reinstatement of subsidies, and so exempt from the need to provide them, in accordance with article 6(2). b) of law 11/2007 , 22 June, electronic access of citizens to public services.
Article 8. Resolution of the registration procedure.
1.Vista the application and the documents accompanying it, the director of AECID will resolved accordingly ordering or refusing registration.
2. the deadline for issue and notify the resolution shall be six months from the entry of the application in the general register of the AECID. Within that period unless notified express resolution, is can understand estimated the application for registration.
3. the resolution will put an end to the administrative procedure and optional replacement appeal may be with the Director of AECID or contentious-administrative appeal before the competent court against the same.
Article 9. Succession of entities registered in the register of NGOS.
1 establish the procedure for the succession of entities registered in the register of NGO as consequence of processes of fusion, absorption, Division or change of form legal.
2. the procedure for the recognition of the succession, that will involve the of the antique for the purposes of calls of grants of the AECID, will ensure it accreditation of it transfer of them rights and obligations of them entities pre-existing to it new entity or, in its case, to which remain.
3. the recognition of it succession, that will involve, in its case, it registration of it entity successor, will be agreed by the Director of the AECID in the term of three months counted from the input of it request in the record general of it AECID.
Article 10. Effects of the registration.
In accordance with article 33. 2 of law 23/1998, of 7 July, the registration of NGOS will be an indispensable condition for receiving from the General Administration of the State, in the field of its competences, aid or subsidies Computable as official aid to development, as well as to access to fiscal incentives to that referred to in article 35 of the same standard.
Article 11. Update of registered data.
(((1. the data entered in the register of NGOS who referred to i), j), k) and l) of article 5(2) shall be updated in any case within four months of each year through communication of the legal representative of the entity according to the model placed at the disposal of the interested parties. For entities that are subject to the obligation to audit the annual accounts, this communication will have the character of forecast subject to changes to the definitive closure of the previous year.
2. the lack of communication by the entity in the period specified for the update of the registered data will result in the suspension of the effects of registration if performed by the registration requirement, the communication does not occur at within a month. In any case, the suspension will end on the date the contribution of documentation occurs.
Article 12. Modification of the registered data.
((((((1.Cualquier change concerning paragraphs a), b), c), e), g) and h) of article 5(2) shall be notified to NGO registration within the period of three months from the moment occurs by agreement of the organ of Government and representation of the entity. It communication is will accompany of the documentation necessary for accredit it modification, that will include the certification of it registration of it same in the record corresponding or, in its defect, it request of registration.
2. the lack of communication from the entity in relation to the modification of them data registered will produce it suspension of them effects of the registration if, made the requirement from the record, it communication not is produced in the term of a month. In any case, the suspension will end on the date the contribution of documentation occurs.
Article 13. Cancellation of the registration.
(1. of NGO registration may be cancelled: to) by the will of the entity manifested by its governing body.
(b) of trade, and prior procedure of audience, in the following cases: by extinction or dissolution of the entity duly accredited.
When the record clearly established that no longer comply with the requirements laid down in article 32 of the law 23/1998.
2. the completion of the succession procedure regulated in article 9 will involve the cancellation of the registration of the existing entity.
3 cancellation of registration will be agreed by the Director of the AECI within the period of three months as from the entry of the application in the general register of the AECID in the case referred to in to). Elapsed said term without is has notified resolution expresses, is can understand estimated the cancellation of the registration by silence positive.
If the cancellation procedure was initiated ex officio, the expiration of it passed within three months unless notified express resolution will occur.
4. the resolution will put an end to the administrative procedure and optional replacement appeal may be with the Director of AECID or contentious-administrative appeal before the competent court against the same.
Article 14. Advertising of the registration of NGOS.
1. the registration of NGOS has character public. The right of access to the same shall be exercised pursuant to law 30/1992, of November 26, law 11/2007, of 22 June, and its implementing regulations.
2. advertising shall conform to the requirements of the current legislation on the protection of personal data and will be effective through certification of the contents of the seats at the request of the interested person, by simple notice or through listings.
3. them certifications may request is by any half that allow the constancy of it application made and the identity of the applicant and is issued in the term of five days counted from the date in that is present it same.
4 won't be from the advertising of NGO registration through certification in the case of entities that have not communicated updates or modifications of data registration in accordance with articles 11 and 12.
Article 15. Relations of collaboration between the registration of NGO and the communities autonomous.
1. AECID will sign cooperation agreements that are necessary with the records of NGO of the autonomous communities, as well as with those autonomous communities that do not have registry itself for the regulation of the exchange of information to end secure communication and approval of registration data.
2. the registration of NGOS will provide records of NGO of the autonomous communities how much data, documents or evidence are available and necessary for the exercise of its own powers.
3. exchanges data between registers and documentation will be made preferably by electronic means.
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