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EXPLANATORY STATEMENT

I

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

II

This royal decree-law is structured into eleven articles, grouped into two titles, six additional provisions, three transitional provisions, one single repeal provision and three final provisions.

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

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

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

Chapter II contains three measures relating to the promotion of employment in the field of social security. On the one hand, there is a new incentive for the creation of stable employment, consisting in the fixing of a minimum exempt in the business price for social security contingencies for the indefinite hiring of workers. Secondly, the number of listed actual days required of the agricultural workers in certain provinces to be eligible for the unemployment benefit referred to in Royal Decree 5/1997, 10 of 10, is set at 20. January, and in the third article of Law 45/2002, of 12 December, of urgent measures for the reform of the system of protection for unemployment and improvement of the occupation, as well as of the agrarian income regulated by the Royal Decree 426/2003, of 11 of April. Third, and finally, Social Security benefits are established for those cases where the self-employed professional must attend to family obligations that may influence his or her activity.

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

With regard to the final part of this rule, the additional provisions first to fifth supplement the amendments made by Title I, by regulating the functions of insolvency mediation, the remuneration of the (a) the insolvency mediator, the non-precept of the representation of the debtor in the contest in a row, the computer application intended to act as a solvency meter or the way in which the adherence to the Code of Practice is to be produced for the viable restructuring of the debts with mortgage guarantee on the usual dwelling " with the modifications introduced in it. All these provisions regulate matters which are directly related to those contained in Title I and which are necessary for their immediate effectiveness. The additional sixth provision regulates the momentum and coordination of collective bargaining.

With regard to the transitional provisions, the first of these provisions lays down the transitional arrangements in respect of the insolvency proceedings, whereas the second is provided for in the scheme applicable to indefinite recruitment the entry into force of this royal decree-law and in the third the applications of the unemployment benefit or the agricultural income presented before the entry into force of this royal decree-law.

The only derogating provision contains the repeal clause relating to how many provisions of equal or lower rank are opposed to the provisions of this royal decree-law, while the three final provisions regulate respectively the title of competence, the qualifications for the development, implementation and application of the standard and its entry into force.

III

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

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

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

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

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

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

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

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

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

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

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

In this regulation, the circumstances of extraordinary and urgent need required by Article 86 of the Spanish Constitution for the approval of the decree-laws are present. The justification for the measures in Title I, which are complemented by the forecasts contained in the first to fifth provisions and the transitional provision first, is based on the need to alleviate the precarious situation. Financial support for some debtors who, in spite of their good faith and effort, are unable to meet their outstanding debts even after the liquidation of their assets. A further delay in the implementation of the measures contained in this title and in the abovementioned provisions would only aggravate the situation of these people. It is also appropriate that the beneficial economic effects of debt restructuring and the second opportunity-such as the maintenance of viable and operationally viable small and medium-sized enterprises-the reduction of incentives to operate in the informal economy and/or the increase in opportunities to undertake new economic activities, to quote only two of them-be deployed as quickly as possible. A number of studies have shown that bankruptcy legislation has contributed relatively little to the debt burden for Spanish households. Following the essential consolidation of a part of the Spanish financial system, the introduction of the second opportunity, the improvement of the functioning of the out-of-court settlement of payments and the extension of the scope of the Code of Good Practices will help to accelerate the fall in the debt ratio of Spanish families and small and medium-sized enterprises. Finally, in the present context of consolidation of economic growth, the rapid adoption of the measures contained in Title I and the concordant provisions of the final part of this royal decree, which regulate certain aspects directly related to those provided for in the article, should contribute as soon as possible to the benefits of economic recovery reaching all segments of the population.

These structural measures are complemented by the extension of other economic factors aimed at protecting, in particular, debtors in a situation of particular vulnerability. Although the improvement of the general economic scenario is appreciable, at the present time it is still necessary to deal with the situation of those families that continue to suffer from the economic adversity, which justifies the expansion of the The Code of Practice and the deadline for the suspension of launches, which are imminent.

IV

Title II of this royal decree-law contains various measures of social order.

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

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

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

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

Finally, it must be stated that in the amendments introduced in the field of the Income Tax of the Physical Persons, the circumstances of extraordinary and urgent need required by Article 86 of the Treaty are met. the Constitution as an enabling budget for the approval of a royal decree-law, given the particularity of the collective beneficiary and the need for its protection by the public authorities, and the fact that the application is permitted of the deductions from the approval of this rule, so that they can be perceived by the aid approved in the shortest possible time.

On the other hand, in order to alleviate the fulfilment of formal obligations on partially exempt entities, Article 7 of this royal decree establishes the exclusion of the obligation to submit a statement in the company tax to those entities, whose total income from the tax period does not exceed EUR 50 000 per year, provided that the total amount of revenue for non-exempt income does not exceed EUR 2 000 and that all non-exempt income is subject to retention, provided that they are not subject to the law  49/2002, of December 23, of tax regime of non-profit entities and of tax incentives to patronage, or political parties.

This amendment should enter into force for the tax periods starting from 1 January 2015, which justifies the urgency of the approval of the tax, taking into account, in addition, that its approval should be avoided. application of the split payments corresponding to those tax periods.

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

The General Administration of the General Administration of the State Administration for matters common to official, statutory and labor personnel and the General Administration of the Staff of the General Administration of the State, in its joint session held on July 31, 2014, agreed to propose to the Government three initiatives of regulatory reform for the improvement of the mechanisms for participation and collective bargaining in the field of the General Administration of the State. The purpose of this proposal is to introduce a series of adaptations and technical improvements to the reform measures implemented by the Royal Decree-Law 20/2012 of 13 July 2012. Precisely the forthcoming conclusion of trade union elections in the General Administration of the State justifies the need to adopt these modifications of the existing instruments of participation and negotiation, prior to the beginning of the electoral process. These proposals are formulated in the light of the needs identified in the framework of this process and in order to improve both the applicable legal framework and the system of guarantees to be chaired.

It is, in short, to undertake the legal adaptations that make it possible to clarify and complete the configuration in the electoral units, and that it is necessary to carry out by modifying a standard with a range of law. For its adoption, following the appropriate period of negotiation, the proposal has received a favourable vote from the majority of trade union organisations present in those Mese and, in particular, the most representative organisations: CCOO, UGT and CSIF.

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

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

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

This distinct functional and organic dependence on public employees determines that in order to form the representation of the trade union organizations in each of the Mese, their respective areas of interest must be taken into account In the case of the Sectoral Tables governed by Article 34.4 of the Basic Staff Regulations, the negotiation as a whole and not the negotiation as a whole would be the case. Also, with the addition of the new additional provision, effective compliance is given to the Agreement concluded between the Secretariat of State of Public Administrations and the trade union organisations of 25 October 2012, by which both parties commit themselves to advancing the structuring of collective bargaining.

This is, in short, a specific and appropriate legal framework for the proper articulation of its negotiating activity in the various areas in which the system of negotiation, representation and participation in the General Administration of the State and the Administration of Justice.

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

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

As for the reasons of extraordinary and urgent need for their inclusion in this royal decree-law, it must be considered that these modifications must be approved in advance at the beginning of the elections process. trade unions to be held in the present year in the field of the General Administration of the State. It is clear, therefore, that the ordinary processing of a rule of law which would allow the implementation of this set of measures would for a considerable time extend the entry into force of the reform, giving rise to distortions in the development of the collective bargaining itself and preventing its effective implementation to the planned electoral process by 2015.

In fact, the upcoming celebration of union elections in the General Administration of the State justifies the need to adopt these technical modifications in the instruments of existing participation and negotiation, with character prior to the start of the electoral process. These proposals are formulated in the light of the needs identified in the framework of this process, and in order to improve both the applicable legal framework and the system of guarantees to be chaired. The process for the holding of trade union elections in the General Administration of the State has already begun with the presentation by the majority union organizations of the Agreement of generalized promotion of trade union elections, of 29 of October 2014. The start of the electoral process is scheduled to take place on 30 April 2015, with the general elections taking place on 18 June. This justifies the urgent need to adopt these technical amendments to the existing rules of application in the field of participation and negotiation, prior to the end of the period to carry out the pre-notices, which concludes one month before the beginning of the electoral process referred to.

The nature of the proposed modifications requires for the adoption of a rule with a range of law, as it is about modifications introduced in both the Royal Decree-Law 20/2012 and the Law 7/2007, of April 12, of the Basic Status of Public Employment. For all this, the right instrument to carry it out would be through a real decree-law in the circumstances of extraordinary and urgent necessity required by Article 86 of the Constitution. In view of the consolidated Constitutional Court's case law issued on this normative instrument, it is considered to fit into the supposed enablers and the causes and purposes foreseen in the Royal Decree-Law, and specifically the need for the proposed modifications to be effective in the electoral process planned for next year in the General Administration of the State.

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

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

With the aim of consolidating this positive evolution of indefinite hiring and enhancing its impact for the groups with the greatest difficulties for stable employment insertion, and in compliance with the resolution adopted by The Congress of Deputies on the occasion of the Debate on the State of the Nation of February 25, 2015, by article 8 establishes a new incentive for the creation of stable employment, consisting in the fixing of a minimum exempt in the Business listing for social security contingencies for indefinite recruitment of workers.

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

Under this new regulation, which will benefit all companies that contract indefinitely and create net employment, the first 500 euros of the monthly basis for common contingencies will be exempt from business quotation when the contract is concluded on a full-time basis. Where the contract is concluded on a part-time basis, the amount shall be reduced in proportion to the percentage of the working day of the contract, which shall not be less than 50 per 100 of the working day of a full-time worker.

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

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

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

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

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

The new benefit in the indefinite hiring quotation will coexist until March 31, 2015 with the one regulated in the Royal Decree-Law 3/2014, of February 28, being previewed in the second transitional arrangement of the real decree-law that the benefits to the social security contribution which were enjoyed by the indefinite contracts concluded before the date of its entry into force shall be governed by the rules in force at the time of their entry into force celebration.

In this regulation, the circumstances of extraordinary and urgent need required by Article 86 of the Spanish Constitution for the approval of the decree-laws are present, as the priority is given to the Indefinite recruitment of workers and the need to promote stability in the labour market, which together with the forthcoming completion, on 31 March 2015, of the deadline to benefit from the flat rate of contribution of the Royal Decree-Law 3/2014, of 28 February, justify the adoption of this new measure to the greatest possible urgency.

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

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

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

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

In this regulation, the circumstances of extraordinary and urgent need required by Article 86 of the Spanish Constitution for the approval of the decree-laws are present, as the priority is given to the equal treatment of the rights of self-employed workers to employed persons, in particular as regards the necessary protection of the reconciliation of family and professional life.

Two of the key pieces of European Union policy are the principle of equality between men and women and the promotion of entrepreneurship.

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

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

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

Given that in the context of the reconciliation between family and professional life, the need for specific regulation for the collective of self-employed workers was evident, and given the closeness of the aforementioned date of August 2015, the urgent need to implement the proposed measure is noted.

Finally, the importance of the damage caused by the drought in the 2014 olive campaign in the autonomous communities of Andalusia and Extremadura makes it difficult, because of its impact on the loss of (i) work, the achievement of the minimum number of actual listed real days for access to the unemployment allowance referred to in Royal Decree 5/1997 of 10 January for the purpose of regulating unemployment benefit in favour of workers (a) any of the provisions of the Special Agrarian System of Social Security and in the third article of the Law  45/2002, of 12 December 2002, of urgent measures for the reform of the system for the protection of unemployment and improvement of occupational safety, as well as the agricultural income regulated by Royal Decree 426/2003 of 11 April, which regulates agricultural income for casual workers included in the Special Agricultural Social Security Scheme resident in the Autonomous Communities of Andalusia and Extremadura.

Given the impact on production reduction, considering that olive groves is the main sector of agricultural activity in these regions and taking into account the mobility studies of workers who move to Border provinces, it is necessary to arbitrate the necessary mechanisms to facilitate with urgent, exceptional and transitory character the fulfillment of the requirements demanded of the eventual agricultural workers of the provinces where it has been produced a decrease in production, following previous occasions, in the in the light of similar circumstances, it was approved by Royal Decree-Law 10/2005 of 20 June; 2/2010 of 19 March, and 1/2013 of 25 January, the reduction of the minimum number of journeys made to access the services identified.

To this end the measure referred to in Article 10 is answered, by which the number of actual days listed for the agricultural workers of the affected provinces is placed in 20. beneficiaries of the above mentioned unemployment benefit or agricultural income.

This measure will apply to workers who have submitted the corresponding application between 1 September 2014 and the entry into force of this royal decree-law.

Finally, as regards Article 11 of this Royal Decree-Law, it must be stated that, after a reasonable period of time since the adoption of Royal Decree-Law No 3/2013 of 22 February 2013 on charges for the exercise of the The Court of Justice has found that it is not possible to deal with the unfavourable economic situation of an important number of citizens who, not being beneficiaries of the right of free legal aid, must be subject to In the case of the Commission, the Commission has taken into account the fact that the Jurisdiction.

In this sense, the connection between the situation of need exposed and the measures taken in this royal decree-law is clear, since the modifications that are introduced have an immediate favorable effect since the entry In force of this rule it will be the exemption from the payment of the fee by the natural persons.

On the other hand, the use of the royal decree-law to proceed with the reform of Law 10/2012, of 20 November, for which certain rates are regulated in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences respects the constitutional doctrine as regards to the budget enabling the extraordinary and urgent need, as necessity relative to a governmental objective that requires of a normative action in a more (i) a brief description of the matter as required by the ordinary legislative procedure or the urgency procedure. In this sense, the need to make an exceptional legal provision is not only justified by the reasons set out above, but can also be linked, and has been done at times, to incentive measures for the economy or stimulation of the markets, which will enable government objectives of general economic policy to be carried out.

The use of the royal decree-law therefore responds to the urgency detected, giving immediacy to the achievement of a double objective: to put an end to a situation that had generated enormous social rejection and, at the same time, to eliminate an element of withdrawal in the access to the Courts in a context of foreseeable increase of economic movements between the different legal operators.

In fact, it is foreseeable that many are the cases whose judicialization decides to postpone to a moment after the approval of the norm with legal status, to be dealt with by the ordinary or urgent procedure, At that time, a massive entry of causes in the Courts and Tribunals. In this sense, the use of a more agile normative vehicle temporarily as is the real decree-law will allow to minimize this side effect that in the activity of the judicial organs can produce the reform.

In its virtue, in use of the authorization contained in article 86 of the Constitution, on the proposal of the Ministers of Economy and Competitiveness, of Justice, of Employment and Social Security and of Finance and Public Administrations, after deliberation by the Council of Ministers at its meeting on 27 February 2015,

DISPONGO:

TITLE I

Urgent measures for financial burden reduction

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

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

First. Amendments to the second opportunity.

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

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

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

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

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

2. The debtor shall submit his application for exemption from the unsatisfied liability to the Judge of the contest within the time limit of the hearing which has been conferred on him in accordance with Article 152.3.

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

1. º The contest has not been found guilty.

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

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

4. º that the credits against the mass have been satisfied in their entirety, and the privileged credits and, if not attempted an out-of-court settlement of previous payments, at least 25 percent of the amount of the credits Ordinary conchones.

5. º Que, alternatively to the previous number:

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

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

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

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

v) Accept expressly, in the request for exoneration of unsatisfied liabilities, that obtaining this benefit will be stated in the special section of the Public Registry Insolvency with the possibility of public access, by a Five years ' time limit.

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

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

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

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

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

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

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

The rights of the creditors are kept safe from those who are jointly and severally obliged to the court and against their guarantor or guarantor, who will not be able to invoke the benefit of exoneration of the unsatisfied liabilities obtained by the

If the person was married on a ganancial or other community basis and the liquidation of the spousal economic regime had not been carried out, the benefit of the exoneration of the unsatisfied liability will be extended to the spouse. of the contested decision, even if it had not been declared its own contest, in respect of the debts prior to the declaration of competition of which the common heritage should be answered.

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

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

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

7. Any insolvency creditor shall be entitled to apply to the judge of the contest for the revocation of the benefit of exoneration of the unsatisfied liability when the debtor, during the five years following his concession:

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

(b) If applicable, breach the obligation to pay the non-exonerated debts in accordance with the provisions of the payment plan.

(c) substantially improve the economic situation of the debtor so that it could pay all outstanding debts without detriment to its maintenance obligations; or

d) The existence of hidden income, property or rights is found.

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

8. After the period laid down in the preceding paragraph, without the benefit being revoked, the Judge of the contest, at the request of the debtor, shall give a final judgment in order to grant the exemption of the unsatisfied liability on the contest.

You may also, taking into account the circumstances of the case and after the creditors ' hearing, declare the final exemption from the debtor's unsatisfied liability that the payment plan would not have been in its entirety but would have been intended for compliance with at least half of the revenue received during that period which did not take account of inembargables.

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

Against such a resolution, which will be published in the Public Court Register, no recourse will be made. "

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

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

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

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

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

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

This order can be appealed against. "

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

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

" Article 231. Budgets.

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

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

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

a) They are in a state of insolvency.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If the electronic address of the creditors has been provided by the debtor or provided by the creditors to the mediator in accordance with the terms set out in Article 235.2 (c), the communication shall be made to the said electronic address. "

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

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

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

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

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

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

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

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

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

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

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

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

:

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

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

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

b) Quitas.

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

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

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

Only the transfer of goods or rights to creditors may be included provided that the goods or rights transferred are not necessary for the continuation of the business or business activity and that its fair value, calculated in accordance with Article 94.2, whether or not equal to or less than the credit which is extinguished. If the difference is higher, the difference must be included in the debtor's assets. In the case of goods covered by security, the provisions of Article 155.4 shall apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

" Article 238 bis. Subjective extension.

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

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

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

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

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

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

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

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

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

" Article 240. Effects of the agreement on creditors.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. The notary shall promote the negotiations between the debtor and his creditors, unless he appoints, if he deems it appropriate, that he may appoint, if necessary, a court of insolvency. The appointment of the insolvency mediator shall be made within five days of receipt by the notary of the debtor's application, and the mediator must accept the charge within five days.

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

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

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

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

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

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

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

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

Third. Other modifications.

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

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

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

Two. Article 93.2 (2) is amended, which is worded as follows:

" 2. º The administrators, in law or in fact, the liquidators of the legal person and the proxies with general powers of the company, as well as those who have been within the two years prior to the declaration of competition.

creditors who have directly or indirectly capitalised all or part of their claims in compliance with a refinancing arrangement adopted in accordance with Article 71a or the fourth additional provision of a (a) the court of law of the Member State of the European Parliament, the Council of the European Parliament, the Council of the European Parliament, the Council of the European Union, the European Parliament and the Council of the European Union the rating of the claims against the debtor as a result of the the refinancing that they have granted under that agreement or agreement. Nor shall any creditor who has subscribed to a refinancing agreement, a bankruptcy agreement or an out-of-court settlement of payments be taken into account for the obligations assumed by the debtor in connection with the feasibility unless there was evidence of any circumstance which could justify this condition. '

Three. Article 94 (5) is amended, which is worded as follows:

" 5. For the purposes of Article 90.3, the value of securities lodged in the insurance of claims which enjoy special privileges shall be expressed. For their determination, they shall be deducted from the nine-tenths of the fair value of the good or the right on which the security is lodged, the outstanding debts which are of preferential guarantee on the same property, without in any case the value of the security may be less than zero, or greater than the value of the privileged credit or the value of the maximum mortgage or pignoraticia liability that would have been agreed.

These unique effects are understood by fair value:

(a) In the case of securities which are listed on an official secondary market or on another regulated market or money market instruments, the weighted average price to which they have been traded in one or more markets regulated in the last quarter prior to the date of the declaration of competition, in accordance with the certification issued by the official secondary market governing company or the regulated market concerned.

(b) In the case of real estate, the resulting report issued by a valuation company approved and entered in the Special Register of the Banco de España.

(c) In the case of goods or rights other than those referred to in the preceding letters, the resulting report issued by an independent expert in accordance with the generally recognised principles and valuation standards for those goods.

The reports provided for in points (b) and (c) shall not be required where such value has been determined, for immovable property by a valuation company approved and entered in the Special Register of the Banco de España within 12 months prior to the date of the declaration of competition or, for goods other than the real estate, by independent expert, within six months prior to the date of the declaration of the contest. They shall also not be necessary in the case of cash, current accounts, electronic money or fixed term impositions.

The goods or rights on which the securities are incorporated, which are denominated in currency other than the euro, shall be converted into the euro by applying the exchange rate of the date of the valuation, understood as the Average cash exchange rate.

If new circumstances that could significantly change the fair value of the goods are present, a new report of the approved valuation company and entered in the Special Register of the Bank of Spain or independent expert, as appropriate.

The report referred to in point (b), when referring to completed dwellings, may be replaced by an updated assessment provided that, between the date of the last available valuation and the date of the updated valuation, no more than six years have elapsed. The updated valuation shall be obtained as a result of applying to the last available valuation value carried out by an approved valuation company and entered in the Special Register of the Bank of Spain, the cumulative variation observed in the value (a) the fair value of the buildings located in the same area and with similar characteristics from the issue of the last valuation to the valuation date.

In the event of no information on the variation in fair value provided by a valuation company or if it is not considered representative, the last available value with the variation may be updated. accumulated the price of the house established by the National Statistics Institute for the Autonomous Community in which the property is located, differentiating between whether it is new or second-hand housing, and provided that between the date of the last assessment available and the date of the updated assessment has not elapsed more than three years.

The cost of the reports or valuations shall be settled by the mass and deducted from the remuneration of the insolvency administration unless the creditor concerned requests a contradictory assessment report, which shall be to be issued at its expense. The report shall also be issued at the cost of the report when it is invoked by the affected creditor that there are circumstances in which a new assessment is necessary.

In the event that the guarantee in favour of the same creditor falls on a number of goods, the result of applying the rule provided for in the first paragraph of this paragraph, without the joint value, shall be added to the guarantee. the guarantees may not exceed the value of the credit of the creditor concerned.

In the case of a guarantee lodged in prodiviviso in favour of two or more creditors, the value of the guarantee corresponding to each creditor shall be that resulting from the application to the total value of the special privilege of the proportion it corresponds to each one of them, according to the rules and agreements governing the prodiviviso. "

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

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

One. Article 3.1 is worded as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a) Large family, in accordance with current legislation.

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

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

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

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

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

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

h) The debtor over 60 years.

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

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

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

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

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

TITLE II

Other social order measures

CHAPTER I

Measures in the field of taxation and public administrations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. The Public Service for State Employment, Social Security, and other social welfare insurance contributions to those of the Social Security and any other body which pay the benefits and pensions referred to in the sixth subparagraph of paragraph 1 1 of Article 81a of this Law, they shall be obliged to supply by electronic means to the State Agency of Tax Administration during the first ten days of each month the data of the persons to whom they have satisfied the aforementioned benefits or pensions during the previous month.

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

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

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

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

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

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

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

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

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

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

" Additional Disposition thirteenth. Negotiation tables in specific areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) shall also be a single working centre for the entire establishment of each public body or body not included in the preceding paragraphs, located in the same province or in the cities of Ceuta and Melilla.

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

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

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

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

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

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

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

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

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

CHAPTER II

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

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

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

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

(b) If the contract is part-time, where the working day is at least equivalent to 50 per 100 of the day of a comparable full-time worker, the amount referred to in point (a) shall be reduced in form proportional to the percentage of the day reduction of each contract.

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

3. The benefit in the quotation shall be applied for a period of 24 months, computed from the date of the contract's effects, to be formalised in writing, and in respect of those concluded between the date of entry into force of this royal decree-law and August 31, 2016.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 9. Amendment of Law 20/2007 of 11 July of the Statute of the Autonomous Labour.

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

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

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

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

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

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

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

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

The part-time contract may not be held for a working day of less than 50% of the day of a comparable full-time worker. If the hiring is part-time, the allowance provided for in paragraph 1 of this Article shall be 50 per 100.

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

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

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

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

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

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

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

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

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

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

Article 10. Reduction of the minimum number of actual days listed as necessary to access the unemployment benefit or agricultural income in favour of the agricultural workers of the Autonomous Communities of Andalusia and Extremadura, affected by the decrease in olive production as a result of the drought.

1. Agricultural workers who are of a potential character residing in the territorial area of the Autonomous Communities of Andalusia and Extremadura may be eligible for the unemployment benefit set out in Royal Decree 5/1997 of 10 March 1997. In January, the unemployment allowance in favour of casual workers included in the Special Agrarian System of Social Security and in the third article of Law 45/2002 of 12 December, of urgent measures for the reform of the system for the protection of unemployment and improvement of the occupation or agricultural income established in Royal Decree 426/2003 of 11 April, which regulates the agricultural income for casual workers included in the Special Agrarian Social Security Regime resident in the Autonomous Communities of Andalusia and Extremadura, even if they do not have the minimum number of actual days listed in Article 2.1.c) or Article 2 (2) (d) respectively of the said actual decrees, provided that they meet the following requirements:

a) Having covered a minimum of 20 actual days listed in the twelve calendar months immediately preceding the unemployment situation.

b) Reunite the rest of the requirements required in the applicable regulations.

c) Requesting within six months of the entry into force of this royal decree-law.

2. Where the provisions of paragraph 1 of this Article apply, a number of 35 actual days listed for the purposes of the following shall be deemed to be accredited:

(a) Article 5 (1) (a) of Royal Decree 5/1997 of 10 January.

(b) Articles 4.1 and 5.1.a) of Royal Decree 426/2003 of 11 April.

3. For applications submitted within six months of the entry into force of this royal decree-law at the territorial level referred to in paragraph 1, the following shall be:

(a) In order to apply the first transitional provision of Royal Decree 5/1997 of 10 January, a minimum number of 20 actual days listed in the form provided for in that provision must be completed.

(b) In order to apply the provisions of paragraph 2 of the second transitional provision of Royal Decree 5/1997 of 10 January, a number of 35 actual days listed when an equal number or equal number is credited shall be deemed to be accredited. more than 20 actual days listed.

CHAPTER III

Measures in the field of the Administration of Justice

Article 11. Amendment of Law 10/2012 of 20 November, regulating certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

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

One. Article 4 is amended as follows:

" Article 4. Rate exemptions.

1. Objective rate exemptions are constituted by:

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

b) The application for voluntary tender by the debtor.

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

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

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

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

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

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

a) The physical persons.

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

c) The Fiscal Ministry.

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

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

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

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

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

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

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

Additional disposition first. Insolvency mediation functions.

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

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

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

Additional provision second. Remuneration of the insolvency mediator.

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

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

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

(c) If the debtor is a natural person, a reduction of 50% shall be applied on the basis of remuneration in paragraph 1.

(d) If the debtor is a company, a reduction of 30% shall be applied on the basis of remuneration in paragraph 1.

(e) If the out-of-court settlement of payments is approved, an additional fee equal to 0.25% of the debtor's asset shall be applied.

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

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

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

Additional provision fourth. Solvency meter.

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

Additional provision fifth. Adherence to the "Code of Good Practice for the viable restructuring of mortgage-secured debts on habitual housing".

1. All the entities that upon the entry into force of this royal decree-law are attached to the "Code of Good Practice for the viable restructuring of the debts with mortgage guarantee on the usual dwelling", regulated in the annex of the Royal Decree-Law 6/2012 of 9 March 2012 of urgent measures for the protection of mortgage debtors without resources, in accordance with the rules in force at the time of their accession, shall be deemed to be attached to the aforementioned Code in the given wording in this royal decree-law, unless within one month of its entry into force they communicate expressly to the General Secretariat of the Treasury and Financial Policy the agreement of its administrative body requesting to remain in the field of application of the previous versions that correspond.

2. Within 10 days of the period of one month referred to in the preceding paragraph, the Secretary of State for Economic Affairs and Support to the Company shall, by resolution, order the publication of the list of attached entities at the headquarters. The General Secretariat of the Treasury and Financial Policy and the "Official Gazette of the State". Subsequent communications shall be published on a quarterly basis in the electronic headquarters of the General Secretariat of the Treasury and Financial Policy and in the "Official Gazette of the State", unless there is no modification.

Additional provision sixth. Promotion and coordination of collective bargaining.

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

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

First transient disposition. Transitional arrangements for insolvency proceedings.

1. The provisions of Articles 92,5º, 93.2.2º and 94.5 of Law 22/2003, of July 9, Bankruptcy, in the wording given by this royal decree-law, will apply to the proceedings in respect of which the text has not been presented The final report of the insolvency administration.

2. The obligation to submit an application for the initiation of an out-of-court settlement of payments in a standard form provided for in Article 232 (2) of Law 22/2003, of 9 July, in the form of a court, in the wording given by that royal Decree-law shall apply when the order of the Ministry of Justice establishing the standard forms is adopted.

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

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

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

5. During the year following the entry into force of this royal decree-law, it shall not be enforceable, in order to request an out-of-court settlement of payments, the requirement laid down in Article 231.3.2.

Second transient disposition. Regime applicable to indefinite procurement formalised prior to the entry into force of this royal decree-law.

The benefits to the Social Security contribution that were received by the indefinite contracts concluded before the date of entry into force of this royal decree-law, will be governed by the regulations in force in the the time of their celebration.

Transitional provision third. Applications for unemployment benefit or agricultural income submitted prior to the entry into force of this royal decree.

The provisions of Article 10 will also apply to the workers referred to in the same article that they would have filed between 1 September 2014 and the entry into force of this royal decree law the application of the subsidy for (a) whether or not a new application has been made since the date of entry into force of Regulation No 426/2003 of 11 April 1997, provided that the date of the entry into force of the Directive is new, and within six months of the date of entry into force of Regulation No 426/2003 of 11 April 2003. same.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to the provisions of this royal decree.

Final disposition first. Competence title.

1. The amendments to legal texts contained in this royal decree-law are covered by the title of competence set out in the amended standard.

2. Article 4 is issued in accordance with the provisions of Article 149.1.14. of the Spanish Constitution, which confers on the State the competence in matters of general finance.

3. Articles 8 and 10 and the second and third transitional provisions are given in accordance with the provisions of Article 149.1.17 of the Spanish Constitution, which confers exclusive competence on the State on the economic system of the Social Security.

4. The first to fifth provisions and the first transitional provision are laid down in accordance with the provisions of Article 149.1.6. of the Constitution, which confers exclusive jurisdiction on the State in matters of commercial and procedural law, without prejudice to the necessary specialities which in this order derive from the particularities of the substantive law of the Autonomous Communities.

5. The sixth additional provision is made under Articles 149.1.7. and 18. of the Spanish Constitution.

Final disposition second. Regulatory development, implementation and enforcement.

1. The Government, on a joint proposal from the Ministers of Justice and Finance and Public Administrations, will dictate the additional regulatory provisions necessary for the application of the fees for the exercise of the power of the jurisdictional with the modifications made by this royal decree-law.

2. By Order of the Minister of Finance and Public Administrations will modify the models of self-validation of the rate to adapt them to the reforms carried out in this royal decree-law.

3. The Ministry of Finance and Public Administration, through the Secretariat of State of Public Administrations, is authorized to dictate the provisions, instructions and measures necessary for the effective development of the processes. (a) the participation and collective bargaining bodies of public employees in the field of their competence.

4. Without prejudice to the foregoing paragraphs of this provision, the Government and the Ministers of Justice, Finance and Public Administrations, Employment and Social Security and the Economy and Competitiveness are authorised to do so in the field of its powers, dictate the regulatory provisions and measures that are necessary for the development and implementation of this legal regulation.

Final disposition third. Entry into force.

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

Given in Madrid, on February 27, 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY