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Order Hfp/1903/2016, Of 29 November, By Which Approve The Accounting Standards Of The Funds To The Liquidation Of Assets And Liabilities Provided For In The Article 94.3 Of The Act 40/2015, On 1 October, Of Legal Regime Of The Public Sector,...

Original Language Title: Orden HFP/1903/2016, de 29 de noviembre, por la que se aprueban las normas contables de los fondos para la liquidación de activos y pasivos previstos en el artículo 94.3 de la Ley 40/2015, de 1 de octubre, de Régimen Jurídico del Sector Público, ...

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lan for funds lacking legal personality as referred to in Article 2 (2) of Law 47/2003 of 26 November 2003, General Budget, as set out in Annex I to the Resolution of 1 July 2011, of the General Intervention of the State Administration in respect of which the accounting rules relating to the funds without legal personality referred to in Article 2 (2) of the General Budget Law are adopted and the recording of the operations of such funds in the public sector entities administrative, with the particularities described in this article.

Funds may create the necessary three or more digit accounts for the registration of transactions, as well as add new items to those referred to in the annual accounts, provided that their content is not foreseen.

With a supplementary nature, for operations of a similar nature, the principles and criteria included in the accounting plan applicable to the public body to which the fund is attached shall apply.

3. The funds will apply the conceptual framework of the Fund Plan, taking into account the following particularities:

a. Faithful image: The annual accounts of the fund should be clearly worded and show the true image of the assets, the financial situation and the results of the fund in the liquidation situation in which it is located.

b. Accounting principles: The accounting principle of continued management shall not apply.

c. Assessment criteria:

1. The criterion of the value in use will no longer be relevant and the criteria of the net realizable value and current value, as defined in these concepts in the Conceptual Framework, should be applied considering the scenario of liquidation in which the background is located.

2. A new valuation criterion for assets is added: the settlement value, which is defined as the amount that could be obtained, in the specific circumstances in which the fund is located, by its sale or other form of provision, minorated on the costs necessary to carry it out.

4. The funds shall apply the rules for recognition and valuation of the Fund Plan, in view of the following special rules:

a. The valuation of the assets will be directed to show the true image of the operations to perform the asset and to cancel the debts.

b. The assets and liabilities transferred by the public body resulting from the merger, new body or body, shall initially be valued at the bottom by the accounting value for which they were recorded in the accounting value of that body.

c. The difference between the book value of the assets and the book value of liabilities transferred by the public body to the fund shall be charged to the account 100 called a Heritage.

d. The impairment of the value of the assets shall be determined by the amount exceeding the accounting value of the assets at their settlement value, as defined in paragraph 3 above, provided that the difference is significant.

5. The funds shall apply the drawing rules and the annual accounts of the Fund Plan, in accordance with the following special rules:

a. Faithful image: The annual accounts of the fund should be clearly worded and show the true image of the assets, the financial situation and the results of the fund in the liquidation situation in which it is located.

b. Note 1 of the Memory, relating to the Organization and the activity of the fund, shall in any event include information on the progress or status of the settlement of the equity in the fund.

c. Note 2 to the Report on the basis for the presentation of the accounts shall indicate explicitly that the accounts have been drawn up in accordance with this Order.

d. A note 12 to the Report shall be incorporated, relating to the valuation of the assets and liabilities integrated into the fund. It shall detail those assets and liabilities, as well as the book value, the settlement value initially assigned to each of them as well as the settlement value at the end of the financial year.

e. Comparative information. The amounts for the previous financial year shall not be included in the first annual accounts of the fund.

Article 3. Recording of the operations of the funds in the public bodies of membership.

1. The recording of the operations of the funds in the administrative public sector bodies shall be carried out in the following terms

a) Equity contribution to the fund.

At the time of the integration into the equity fund to be settled, the public body resulting from the merger will not discharge the integrated assets and liabilities in its accounts. These assets shall continue to be included in their book value and shall be subject to the reclassification that proceeds taking into account the objective of the fund which is to carry out the assets and to cancel the debts that are included in it.

In the event that cash contributions are made to the fund, they will be recorded by an internal cash flow movement to the restricted account of payments in which the fund's resources are entered. For the accounting record of contributions made to the funds, sub-account 5763 called the 'Restricted payment account' shall be used without legal personality, as set out in Article 2.2 of Law 47/2003. 26 November and sub-account 553.1 entitled 'Dotations to funds without legal personality', as laid down in Article 2.2 Act 47/2003 of 26 November pending payment, own-ownership accounts, whose definitions and movements Accountants are listed in the Annex to this Order.

b) Information to be provided by fund accounting officers.

The bodies responsible for accounting for the funds shall send their annual accounts before the public body of membership makes their own annual accounts.

In addition, such bodies shall forward to the public body the additional information necessary for the integration of the accounts of the Fund into those of the Agency.

The public procurement bodies shall carry out the corresponding records in their accounts, in accordance with the provisions of paragraph (c) below, on the basis of the accounts drawn up by the funds, before making their own annual accounts. If that period has elapsed, the funds shall not have drawn up their accounts, the public body may request to the fund the information referred to at 31 December necessary to account for the operations carried out by the public same.

If there were differences in the above information, as for the one in the annual accounts of the funds finally approved, the adjustments needed to incorporate such differences, provided that they cannot be performed prior to the capproval of the rules to which the accounting of these funds.

Consequently and in the use of the powers that this minister grants the aforementioned article, on a proposal of the General Intervention of the State Administration and according to the Council of State, I have:

Article 1. Objective scope of application.

This Order shall apply to operations relating to funds which are created by State public bodies under Article 94.3 of Law 40/2015 of 1 October 2015, of the Public Sector Legal Regime.

Article 2. Accounting rules of funds for the settlement of assets and liabilities.

1. The accounting rules of the funds for the liquidation of assets and liabilities provided for in Article 94 of Law 40/2015 of 1 October 2015 are approved.

2. These funds shall apply the General Accounting Plosure of the accounting year, they shall be included in the information to be submitted in the following financial year.

c) The integration of the background information into the accounting of the public body resulting from the merger shall be carried out in accordance with the following rules:

1. The variation experienced by the equity of the fund shall be incorporated into the accounting of the public body of the fund by giving out those assets and liabilities integrated into the fund which it would have made or cancelled, correcting, where appropriate, the value of the assets and liabilities embedded in the fund that remain in the fund, giving discharge to creditors and debtors arising in the fund that are pending payment or recovery and recording the costs and income derived from them the management of the fund as well as the change in its treasury.

2. In particular, as regards creditors and debtors of the fund:

a. The variation experienced by the creditors and debtors incorporated by the body into the fund shall be reflected through the accounts in which the body is accounted for.

b. The variation experienced by creditors and debtors arising in the fund and recognised through the accounts of sub-groups 42 Creditors and 46 Debtors, shall be incorporated in the accounts of the body resulting from the merger to through the accounts 419 Other non-budgetary creditors and 449 Other non-budgetary debtors, respectively.

c. The variation experienced by the other creditors and debtors arising from the fund shall be incorporated into the accounts of the membership body through the accounts which, in accordance with the General Public Accounting Plan, are represent.

2. The recording of the operations of the funds in the business public sector bodies shall be carried out in the following terms

a) Equity contribution to the fund.

At the time of the integration into the equity fund to be settled, the public body resulting from the merger will not discharge the integrated assets and liabilities in its accounts. These assets shall continue to be included in their book value and shall be subject to the reclassification that proceeds taking into account the objective of the fund which is to carry out the assets and to cancel the debts that are included in it.

In the event of cash contributions to the fund, these will be recorded, at the time of the event, as cash movements, as a result the public body will give the delivery and the cash discharge. Recipient fund will also discharge it in its treasury.

b) Information to be provided by fund accounting officers.

The bodies responsible for accounting for the funds shall send their annual accounts before the public body of membership makes their own annual accounts.

In addition, such bodies shall forward to the public body the additional information necessary for the integration of the accounts of the Fund into those of the Agency.

The public procurement bodies shall carry out the corresponding records in their accounts, in accordance with the provisions of paragraph (c) below, on the basis of the accounts drawn up by the funds, before making their own annual accounts. If that period has elapsed, the funds shall not have drawn up their accounts, the public body may request to the fund the information referred to at 31 December necessary to account for the operations carried out by the public same.

If there were differences in the above information, as for the one in the annual accounts of the funds finally approved, the adjustments needed to incorporate such differences, provided that they cannot be performed prior to the closure of the accounting year, they shall be included in the information to be submitted in the following financial year.

c) The integration of the background information into the accounting of the public body resulting from the merger shall be carried out in the following terms:

The variation experienced by the fund's assets shall be incorporated into the public body's accounting of the discharge of those assets and liabilities integrated into the fund which it would have made or cancelled, correcting, where appropriate, the value of the assets and liabilities embedded in the fund that remain in the fund, giving discharge to creditors and debtors arising in the fund that are pending payment or recovery and recording the costs and income derived from them the management of the fund as well as the change in its treasury.

Single end disposition. Entry into force.

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

Madrid, November 29, 2016. -Minister of Finance and Public Service, Cristobal Montoro Romero.

ANNEX

Definitions and accounting relationships of accounts to record in the institutions resulting from the merger the contributions to the funds lacking legal personality as referred to in Article 94 of Law 40/2015, of 1 of October, legal regime of the public sector

553.1 Dotations to funds without legal personality Article 2.2 Law 47/2003, of 26 November pending payment, own-ownership accounts.

Collect the initial and post-fund endowments, which are pending payment.

It shall be included in the current assets of the balance sheet under item III " Debtors and other receivables.

Your move is as follows:

1. The account will be charged to the account 400 Creditors for recognised obligations. Budget of current expenditure, to the processing of the bookkeeping for the endowment or increase to the fund in question.

2. The account shall be paid under the account 5763 Restricted account of payments from funds without legal personality as provided for in Article 2.2 Act 47/2003 of 26 November for payments made under the operational account to provide initial or later in the background.

5763 Restricted payment account with non-legal personality funds (Article 2.2 Act 47/2003 of 26 November).

Account that collects the balances in favor of the entity to meet the payments to be made by the funds. It shall be included in the current asset of the balance sheet under item VII Cash and other equivalent liquid assets.

Your move is as follows:

1. It will be loaded with credit to:

(a) Sub-account 553.1 Dotations to funds without legal personality (Article 2.2 Act 47/2003 of 26 November) pending payment. Own ownership account for payments made from the operational account to provide initial or later to the fund.

b) Account 400 Creditors recognised obligations. Current expenditure budget for the reintegrations which, in accordance with the rules applicable to the institution, are to be applied to the expenditure budget. This seat has a negative sign.

2. The account shall be paid to the account 430 Debtors for recognised rights. Current income budget, by means of reintegrating amounts provided to funds without legal personality, administered by the institution, as a result of the partial reduction or cancellation of the fund.

3. At the end of the financial year, the account or accounts representative of the operations carried out by the funds shall be debited or paid, as the case may be, in accordance with the information obtained from the accounts.