Royal Decree-Law 4/2012, Feb. 24, by which determine obligations of information and procedures required to establish a funding mechanism for the payment to providers of local entities, collects in its article 3 the obligation of local authorities, to March 15, 2012, be referred to the competent body of the Ministry of finance and public administration , a relationship certified of all them obligations pending of payment that meet the requirements established in the article 2 of the mentioned Royal Decree-law.
In the case of outstanding obligations not included in the certified relationship, contractors may request to the responsible local authority issuing a single certificate that recognize the existence of the outstanding obligation. This single certificate shall be issued by the Auditor in the terms and with the content provided for in the mentioned Royal Decree-Law 4/2012, within the period of 15 calendar days from the entry of the application in the registry of the local authority. Elapsed the mentioned term without is would have rejected the request, is means recognized the right of collection by silence positive.
Also the Royal Decree-Law 4/2012 plans that in the first five working days of each month, the financial controller of the local authority informs the Ministry of finance and public administration a relationship presented individual licence applications, certificates issued, the rejected and requests not answered, corresponding to the immediately preceding month. Them entities local will allow to them contractors consult its inclusion in this information updated and in case of be included may know it information that them affect with respect to the regulations of protection of data of character personal.
For this purpose, Royal Decree-Law 4/2012, Feb. 24, first of the aforementioned disposal contains a mandate addressed to the Minister of finance and public administration for approval, prior to March 12, 2012, by Ministerial order, the individual licence application model as well as models of adjustment plans that will be eligible local entities and , in last instance, enable the conclusion of the operations of credit mentioned in the referred Real Decree-law.
Also, making use of enabling general collection on behalf of the Minister of finance and public administration in the second final disposition of Royal Decree-Law 4/2012, of 24 February, is advisable to adopt a single certificate model whose expedition corresponds to the Auditors of local authorities.
By virtue of it exposed, available: article 1. Application form for individual certificate of recognition of the existence of outstanding obligations of payment carried out by the local authorities.
It approves the model of the certificate request individual recognition of the existence of outstanding obligations of payment carried out by the local authorities, included in annex I to this order, referred to in article 4 of Royal Decree-Law 4/2012, Feb. 24, by which determine obligations of information and procedures required to establish a funding mechanism for the payment to providers of local authorities.
Article 2. Model of individual certificate of recognition of the existence of outstanding obligations of payment carried out by the local authorities.
Is approves the model of certified individual of recognition of the existence of obligations pending of payment to charge of them entities local, included in the annex II of this order, that, when appropriate, issued the administrator of it entity local in the term of fifteen days natural to count from the reception of the request cited in the record of it entity local.
After the mentioned deadline unless it had refused the request, the right to charge refers to recognized positive silence in the terms laid down in the referred Royal Decree-Law 4/2012, Feb. 24.
Article 3. Adjustment plan model.
Is approves the model of plan of adjustment planned in the article 7 of the Royal Decree-Law 4 / 2012, of 24 of February, and in the agreement adopted by the Commission associate of the Government for Affairs economic of 1 of March of 2012, that is includes in the annex III of this order.
Sole final provision. Entry in force.
This order shall enter into force the day of its publication in the «Official Gazette».
Madrid, 9 of March of 2012.-the Minister of Hacienda and administrations public. Cristobal Montoro Romero.
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