Tag: Spain

Spain Sets Process For Electronic Law Enforcement Thru Law 252013

After 2013, the Spanish Parliament accredited the Law towards the Promotion of Electronic Invoicing plus the Innovation of the Accounting Register of Invoices within the Public Sector (Law 25/2013 of December 27, 2013). Its goal will be to decrease the amount of late payments by Public Administrations, which can impinge on company funding, avoid the negative impacts on job opportunity and guarantee its survival.

The new law will come into effect on January 15th, 2015 for those who electronically file their taxation statements, as the approval of new law involves a review of the work strategies and the systems used in this area. Public Administrations as well as private companies are honored twelve months, 2014, to incorporate the fresh digital methodology in to their operations.

The goal of Law 25/2013 is to safeguard providers and improve transparency and efficiency levels in processes controlled by Public Administrations. As such, the new legal rules will secure companies from latter payments, as all invoices are digitally registered, and increase the battle against fraud, when all invoices impending for payments are documented and revealed.

The passage of this regulation promotes the practices of electronic invoicing in the public and private sector, as e-Invoicing can be described as tool that’s attaining more importance inside the European Union through several ordinances. Explicitly, in Spain, providers would be better guarded inside their business-related relations with Public Administrations through the creation of an Accounting Register of Invoices. This register is previously mandatory and must be utilized by Public Administrations and companies to present invoices; this guarantees that all invoice dates are duly accredited and will be considered for accrual of interests on amounts due.

Several of the key points of electronic invoicing operations underneath Law 25/2013 towards the “Promotion of Electronic Invoicing plus the Conception of an Accounting Register of Invoices inside the Public Sector” are:

1. As the law consists of a common standard, it is compulsory for all those Public Administrations over a national, state and local area level.

2. The electronic invoice is required to be delivered using a regulatory format and to be signed with an innovative electronic signature or an advanced electronic seal.

3. Accounting details of electronic invoices should be created by the Public Administration body or unit responsible for accounting, after receiving the invoices from the Accounting Register of Invoices. This new practice for invoice control was implemented on January 1, 2014.

4. By regulation and as from January 15, 2015, invoices for bills under 5,000 Euros might be missed from accounting records.

5. The invoice processing updates may be checked-out any time by the service provider who supplied the invoice.

Because of the new Law 25/2013, Spain is moving perfectly into a general electronic law reinforcement and control that means that an overall usage of this electronic signature and electronic documentation is on the rise.

As explained in one of the latest web-log posts entitled “Electronic Invoicing in 2013”, European Directive 2010/45/EU determines that conventional paper and electronic invoices are alike legally & fiscally. In truth, the European Commission intends to make sure extensive utilization of electronic invoices in European union through the year 2020.

Alternatively, as mentioned in the opinion post titled “Electronic invoices and how they must be used” it seems that interaction methods between the general public and Public Administrations are transforming, although not at the rate anticipated by governmental bodies after the early investments made. At this time, the task of document management software services is to demystify the popular belief that document software technology is only within the reach of big agencies.

From a scientific point of view, having an adequate document management solution lets companies to abide by the law with out extra efforts or additional costs. After all, this sort of software:

– Permits companies to prepare electronic invoices that fulfill the needs of Spanish Tax Agency (AEAT).

– Enables electronic invoices being granted in digital format, together with the creation and digital signature of documents.

– Works with electronic invoices and certifies their particular elements.

– Confirms the sender’s signature and real identity along with the validity of certificate utilized to sign any electronic invoice.

– Creates audit trails showing all procedures undertaken at the invoice.

From the business standpoint, document management software saves expenditures and time together with expanding the safety and quality of service provided.

– Price savings are generated, as the utilization of paper, toner, shipment charges and storage space etc. are eradicated or reduced.

– Management times are minimized merely because of the faster and a lot more efficient management procedure, which contributes to speedier localization of up-to-date details.

– Security is increased, as electronic signatures lessen the chance of counterfeiting and minimize the chance for human slip-up.

– The standard of Support service is upgraded since a new approach of communication with purchaser is set-up, because invoice processing and distribution times are improved and because web-based settlement of documents is allowed.

Every day, an increasing number of companies are looking for optimizing their operations in an effort to obtain efficiency and conserve expenses. In the end, when applying electronic invoicing, along with an adequate document management solution, their productivity boosts and also the quality of their customer service upgraded which straight away and favorably influences the company’s business competitiveness.

International Timeshare Refund Action (itra) Timeshare Law In Spain

Any contract detailing the rights of an individual to use one or more property in Spain during a specific or specifiable period during the year is covered under this law, wherever and whenever the place and date of contracting.

Timeshare rights are those which give to the holder the right to use and enjoy an independent dwelling, with exclusive character, for a specific period of time within the year. It includes the necessary furniture for this use and any complementary services & facilities. It is regulated in Spain by a Law dated 1998.

The Spanish regulation considers timeshare as a type of seasonal rental. Crucially, the holder of timeshare rights does not acquire ownership rights, but the right to use the property for a specific period of time only. The duration of these rights is not indefinite; the developers of these type of complexes need to specify the period for the enjoyment of these rights which s always should be between 3-50 years. Outright ownership of the property remains the developers.

Because the developer retains ownership, they can always sell ownership rights with the limitations derived from the existence of the other persons use and enjoyment rights on the sold unit, which will remain for the contracted period.
Provision 1.4 of Law 42/1998 prohibited the denomination of those rights as multiownership” or any other way containing the word ownership”, owner or “property”.

For this reason, any contract signed in Spain containing the word ownership or property” (propiedad) is null and void and you have the right to a refund of any money paid, plus legal interest.

In Spain, the description that was finally chosen, as most appropriate, descriptive and loyal to Law is “derecho de aprovechamiento por turno”, which literally means right to use and enjoyment in shifts”

Publicity or promotion of these type of developments can never contain the word “propiedad”(property or ownership)

The timeshare scheme can only be formed in a building, property or set of them which are architecturally individual or separated. All independent units included in it, should be subject to the scheme. The building must have at least 10 units.
The same building can be subject at times to different tourist operations, provided that the rights of timeshare accommodations fall on concrete and specific periods and units.

The annual use/enjoyment period can never be less than 7 continuous days. In every case, within the same scheme, shifts should all have the same length. The units will also be reserved for repairs, cleaning or other common purposes for a period of time which shall not be inferior to seven days for each unit subject to the regime.

Main characteristics of timeshare rights in Spain are:
It is a limited ownership right (enjoyment): two or more different people hold rights on the same property (the owners and the holders of enjoyment rights).
It is immediate, as, in shifts, it gives to its holder a direct enjoyment of the property.
It is entered in the Land Registry, which gives to its holder a complete legal safety within the Spanish legal system. Obviously timeshare rights need to be transmitted by Notary deeds for their entry into the Land Registry.
It can be transmitted to others either in life or by death. They are part of the property trade.

Together with desisting from or cancelling the timeshare contract, possibilities that are subject to a shorter deadline, there is the possibility, initially sine die (without deadline) to apply for the nullity of the contract.

In what cases?
When timeshare rights are transmitted disregarding the imperative Law which regulates them.
When the transmission of timeshare rights are made before the scheme is actually constituted
When there is a lack of veracity of information provided to the buyer.

The action for the refund of amounts linked to the nullity has a 15 years deadline.

There are numerous precedents in Spanish Courts for the nullity and refund of money if you were sold under the term “propiedad” (property).
The important issue of adaptation

From January 1999 any preexisting timeshare regime needs to adapt to this Law. If this has not happened, any holder of timeshare rights will be able to request a Judge to compel the developer to do so.
Adaptation will always require a Notary deed and proper registration in the Land Registry.

Adaptation will respect the nature of rights which were transmitted by virtue of the old private contract. If ownership was transmitted, this is how it will have to be registered after approval of a simple majority of Community of owners.
All old contracts will have a time limit of 50 years unless parties have agreed otherwise or parties mutually or freely agree in the adaptation deed on a different definitive or non-definitive period.

If the owner of the development does not comply with the obligation of adapting the regime to this new regulation, the holder of timeshare rights will have rights to cancel the contract with effective devolution of amounts and compensation of damages.