Monday, August 4, 2008

Audi A3 Tdi Vs Jetta Tdi



Albert Capell

Martinez Notary
Boltaña (Huesca)

CATALONIA LAW 4 / 2008, dated April 24, the Civil Code Book III of Catalonia on people
legal Publication: DOGC: 02/05/2008 BOE: 30/05/2008
Entry into force: 2 August (3 months DOGC; D. Final 5th)
Repeals: Law 7 / 1997 of 18 June, partnerships and Law 5 / 2001 of May 2, foundations
Object. Follow the process of drafting the Civil Code of Catalonia launched by Law 29/2002. This book is
intended to recast, systematize and harmonize Catalan associations and foundations. Its provisions apply only secondarily to the cooperatives, social security and mutual savings banks (D. Final 2 ª). However
formulated some general provisions that contain the basic status of legal personality.
Systematics. It consists of 3 titles: by 1 contains general provisions, the 2 nd the system of associations and the 3 rd the foundation.
Being an open source, will enable, in future, other types of legal entities.

I. - General provisions (Title I, Sec. 311-1 to 315-8) define:
1 .- SCOPE (see "Object.")
2 .- essential attributes of legal personality, sold at the intention expressed in the act of creation and enforcement, where appropriate, legal requirements (Art. 311-2).
Legal persons may be holders of rights, provided they are compatible with their nature, acquire and possess movable and immovable property, contract obligations, manage and dispose of any title (Art. 311-3).
should have a distinctive name, which must state the legal kind. You can not match the translation of the name of another legal person to another language official. Dependent records of the Government can allocate temporary reserves to a maximum term of 15 months.
The domicile of legal persons subject to CCCat must be located in Catalonia (Article 311-8)
3 .- STANDARDS OF ACTION AND REPRESENTATION, is based on the principle of organizational autonomy reducing to an absolute minimum the mandatory law.
bodies of legal persons may delegate their functions in some of its members or in other organs, without exempting them from liability. If the delegation is made in more than one person, their role should be jointly, unless it is established solidarity.
Collegial bodies are composed of at least 3 members, and must have at
Resolutions are adopted, unless expressly provided by a simple majority of those present. In case of tie, the chairman has a casting vote. It is understood that when there is a simple majority votes to outnumber the negative votes, excluding abstentions, blank votes and null. The ineffectiveness of the agreements does not affect the rights acquired by 3rd place in good faith (Art. 312-10-2).
must Minutes of every meeting of bodies, will be drafted and signed by the secretary with the approval of the president, and should be approved, if appropriate, at the same meeting or the next. The agreements are executives from adopting and registration if required, are, from which it fits.
A new feature includes a general rule (art. 312-9) conflict of interest, involving a duty of abstention and of information on the body (similar to articles 127 bis et seq LSA).
The representation of legal persons (Article 312-13) for the national government, is paid by the President and extends to all acts within its statutory purposes, within the limitations established by law or by themselves statutes, but statutes, even if subject to registration, they can not object to 3rd place in good faith.
The legal persons are liable for the damages that the governing body caused to 3rd place. The founders, promoters, members of the governing body or others responsible for promoting the registration of a legal person personally liable for the consequences of failure to register for any negligence or fault. (Article 312-15)
4 .- Records and accounting system, translates into a duty to keep proper accounts and books under the tax laws (Articles 313-1 et seq.) 5 .- ACTS
structural changes (merger, division and transformation), dissolution and liquidation proceedings, which shows a consolidated regulatory flow right Company, perfectly transferable to other types of legal entities. Concrete
documentary requirements and disclosure of the merger and division, with the consequent power to opposition from creditors. It
Fusion sunset of the merged entities and the establishment of a new legal person, or by absorption of one or more other legal entities. The equities of the merged entities are transferred or absorbed into the body block the merger or absorbent, who buy them by universal succession.
The merger can not be executed before 1 month of publication in the DOGC and in 2 newspapers maximum exposure in the province or region of domicile. During this period, holders of claims arising prior to publication that are not sufficiently guaranteed, may object to them in writing. The provisions of paragraphs 2 to 6 of Article 314-1 does not apply to associations and foundations subject to a simplified system of accounting.
The split is the division of property into 2 or more parties. It can be total, with the transfer en bloc of each of these parts to other legal persons benefiting, whether existing or newly established, and the extinction of the legal person spun. It is partial division block the transfer of one or more of these parts one or more legal persons receiving and maintaining the corporate split, which preserves the heritage that has not transferred (Article 314-2).
can become legal persons (Article 314-3)., Preserving the personality, if their rules and regulations allow the type of legal entity seeking to assume not forbid it. Must be satisfied the formal requirements of the adopted type of legal entity and registered in the appropriate register.
The dissolution of the legal person opens the settlement period, to whose order retains its legal personality (Article 314-4). Can be settled through realization of the assets of the entity or the assignment of assets and liabilities (ss 314-4-2 and 314-7).
The legal person must be settled within a maximum period of 3 years unless good cause for force majeure. Settlement functions are assumed by the governing body except the art 314-5.
6 .- Basic system features and functions ADVERTISING qualification, registration and certification of records on businesses dependent on the Generalitat, to develop the regulations. Each type of legal entity has its own registration.
must register (art. 315-1) entities subject to the right Catalan and the delegations of foreign associations and foundations established in Catalonia if they perform their activities mainly in Catalonia.
can not be refused to register any registrable event that meets the requirements of the law. (Art. 315-3). The body responsible for registering, if it considers that the act contains provisions contrary to law, must practice a partial listing, provided that the stipulation in question has merely optional or that the relevant legal provisions supplement their omission.
Public documents can be registered electronically submitted with the electronic signature or official authority which issued, authorized or participated or is responsible for the protocol. In relation to deeds, it is necessary that the person concerned has not objected. (Art. 315-4)
Articles 315 - 5 to 315-7 Principles Tract collected thereafter, Money, Advertising material (Fe public enforceability) and formal advertising, in terms similar to those of the arts. 7 to 12 of Regulation Registry.
NOT be advertising the Registrar of Associations if they are not updated registration data relating to government bodies and adaptation, if any, of the statutes of the law. (Art. 324-7)

II .- Associations (Title II, Sec. 321-1 to 324-7),
Heed the TC case, the RGs can legislate with the proviso that not contradict the basic rules issued by the State.
only contemplates his private legal regime, not the administrative arrangements that maintain part of its force (see D. Repealed)
1. Nature and constitution (Chapter I). Partnerships may be general or specific interest. Have a non-profit but allowing ancillary economic activities. It prohibits the estate be divided among the partners or given free to individuals or certain other legal entities for profit.
A minimum of 3 founders [arts. 321-1 and 324-4-d)-cause-release] are natural persons (over 14 years assisted by their legal representatives, art. 321-2) or legal persons, public and private.
The constitution should be in writing by the terms of art. 321-3 and statutes with those of art. 321-4. You must register only for the purposes of advertising (321-5).
2. As for the Organization and Functioning,
a. novelty is the possibility that GRAL ASSEMBLY. (Articles 322-1 et seq) to convene meetings, and the exercise of action for separation or government bodies although not included in the agenda. Among its functions and powers arts. 322-2 and 322-9 do not include agreements for disposal of assets (as opposed Art 12-d LO 1 / 2002 of 22 March on the Law of Association).
general meeting (art. 322-6) constitutes valid whatever the number of members present or represented (except statutory provision). Generally, resolutions are passed by simple majority (2 / 3 in the structural modifications of art 324-1 if attends less than ½ of the votes, whether that condition is more, too, a simple majority). Each partner has at least 1 vote (sometimes can be weighted, art. 322-7-3) with duty to refrain from conflict of interest, in which case is not counted in the quorum necessary for the adoption of the agreement, except this has the object the settlement of an infringement procedure, the removal of the affected person as a member of an organ or the exercise of an action for damages against her. B.
The governing body may be identified with the name of governing board or board of directors or the equivalent. Manages and represents the association and is empowered generally to do all the steps necessary to fulfill the aims of the association, except that, in accordance with the law or statute, must be agreed or approved by the general assembly.
is collegiate and its members should be partners and be able to exercise their social rights. No people can be disabled under the bankruptcy law (section 322-10). If neither has the capacity to act, there must be a "body attachment" that supplements such failure, consisting of at least 2 seniors, whether or not related. Members enter
functions once they have accepted the charge to be registered with the Registrar of Associations. The fee is free (art 322-16) and has a maximum of 5 years, without prejudice to the right for re-election if they do not exclude the statutes.
NOT be advertising the Registrar of Associations if they are not updated registration data relating to governing bodies. If within 4 years following the expiration of appointment the governing body, the renewal is not registered, you must start the procedure to officially declare it inactive, notwithstanding such failure is corrected or the award of the association. (Art. 324-7)
c. ASSOCIATES. A minimum of 3 [ss. 321-1 and 324-4-d)-cause-release]. Children with natural ability can resist long enough income on a partnership and unsubscribe at any time (ARTICLE 323-1).
The bylaws may provide that the partners must make contributions (may be refundable) when they join the same or, if there are needs that warrant funding at a later time. Arts. 323-3 et seq regulate the rights to participate, receive information on services offered by the association, and free voluntary withdrawal (Article 323-9). Associate
The condition can be transmitted only if the statutes provide (art. 323-8).
3. STRUCTURAL CHANGES (Article 324-1) requires a 2 / 3 of the vote if partners concur that represent less than ½, if attended by more than simple majority suffices.
The bylaw amendments must be registered (art. 324-2) along with the new items approved and the updated version of the statutes. One can only processing in non-profit legal person (Article 324-3).
Causes of the art solution includes 324-4 downward partners are reduced to less than 3. In any of the causes, surplus property can never be awarded to members or other individuals identified, or for-profit entities. FOUNDATIONS

III .- (Title III, Sec. 331-1 to 336-4),
1. CONCEPT. Nonprofit entities, formed by one or several founders, by affecting property or economic rights and the fate of their income or resources obtained by other means to accomplishing objectives of general interest.
foundations can not become the primary purpose of allocating benefits to the founders or employers, their spouses or persons related by similar affective, or their relatives to the 4 th grade or legal persons which are not for general purposes.
Foundations can be of indefinite duration or temporary should be sufficient for fulfilling the foundational purpose.
Foundations (art. 331-1) acquire legal personality definitive registration. Employers (art. 331-10) must apply and in the meantime, do everything necessary to preserve the assets of the initial capital and facilitate the future activities of the foundation. They can also apply the founders or persons responsible for implementing the last will of the deceased. The inscription on the foundation can only be performed attesting to the Protectorate who has accepted a number of employers charge enough to act. (Art. 331-10-2).
2. CONSTITUTION. Innovations included the establishment of a minimum of 60,000 euros (Article 331-5) for the initial allocation. The charter must be accompanied by a draft economic viability. For small foundations
be the successive budget, the temporary constitution or other special fund existing foundations, provided that their aims are compatible.
a. CAPACITY. Can be formed by natural and legal persons, public and private. Public legal persons may only act jointly with people privadas. Las personas físicas deben tener plena capacidad de obrar, si lo hacen entre vivos, o capacidad para testar, si lo hacen por causa de muerte. Los fundadores deben tener la libre disposición de los bienes que aportan a la fundación. (art. 331-2)
b. MODALIDADES de constitución.
i.- por acto entre vivos: la carta fundacional es irrevocable y debe formalizarse en escritura pública con el contenido del art. 331-4. Los ESTATUTOS deben incluir, al menos, los datos del art. 331-9. Si no puede constituirse la fundación, los bienes aportados revierten a los fundadores, salvo que estos hayan dispuesto que tengan otro destino (art. 331-12).
ii.- La constitución por causa de muerte requiere la manifestación of the foundational in a will or codicil and the designation of individuals or legal entities that must implement it and grant the charter, if necessary to complete the foundational, or otherwise apply for registration. If there are no persons designated by the deceased or are removed or position has become vacant, the performance of these acts for the Protectorate (art. 331-3-3).
If the persons designated by the deceased in breach of the duty to grant the charter on time by the will or codicil or, alternatively, on the 1 year since your death, the Protectorate can (art. 331-11 ) requiring them to do so and, if not check within 1 month, urging the judicial authorities authorizing him to grant the charter.
Notaries, to facilitate the tasks of substitution, to report to the Protectorate of granting charter that resulting from testamentary provisions of the constitution, by sending a single copy of the deed (art. 331-11).
If you can not become the foundation and the will or codicil prescribes otherwise, the Protectorate will be a destination for goods of general interest that corresponds as closely as possible with the foundational as to the purpose and the territory (art. 331-12). C.
Initial endowment. It can not be less than 60,000 euros, must paid in full before registration and be money or other property fruitful, suitable for the foundation's activities, and free of charges that significantly limit their usefulness to the foundation (Art. 331-5). Registration is required in the Register of Foundations, a project of the economic viability of the first 2 years of operation of the foundation and activities (Article 331-7).
Cash contributions must be deposited in a credit for the foundation in the constitution. If the income is before the charter will be recorded in it and notarize the certificate of deposit. Contributions in kind will be the subject of an audit report descriptive of the goods or rights, their registration data, your goods and other circumstances of art. 331-6.
subsequent allocation. Whether the requirement should be stated in enforceable provision (in the case of public legal persons simply an explicit statement). The initial outlay should be at least 50% and the rest furnished within 4 years.
staffing increases, if the contribution is not monetary, must be recorded in deed to the circumstances of art. D.
331-5 TEMPORARY FOUNDATION. The minimum is 30,000 euros and the maximum term of 5 years, according to the rules of art. 331-8. Can (by changing Statutes) become indefinite duration or extended once for a period equal to the original.
be settled within 6 months of its dissolution, after which it automatically cancel the relevant entries from the Register of Foundations. The Protectorate may carry outstanding.
3. New in the Organization and Functioning is the duty of separating the functions of government (patronage) and regular management by appointing one or more directors who are not employers. It also prohibits employers to provide paid professional services or labor.
A. - The Board (Art 332-1) is the governing body of the foundation and can not delegate: (...) e) The establishment or endowment of another person, and d) dispositions of assets whose value, together or individually, more than one twentieth of the foundation's activities, except for the sale of marketable securities at prices equal to or greater than your contribution official. However, they can be made to grant powers of attorney acts under conditions approved by the trustees.
i. - The board has a collegiate (Article 332-3) and free (art. 332-10). Its members must have full capacity to act. The bosses come into office with the acceptance, which can be recorded a) in the charter or other public document, b) a private document with the signature of the individual entitled to accept notarized, c) a certificate from the secretary, signed by a notary entitled, if accepted at a meeting of the board; d) for appearance before the protectorate of the secretary or the acceptor. Similarly the waiver must contain (Article 332-12), but only takes effect when you register to 3rd place in the registry.
ii .- If there is a conflict of interest between the foundation and someone integral to their bodies, it must proceed in accordance with Article 312-9 and, if adopted, the agreement or commit the act must be reported to protectorate within 30 days. (Article 332-9). Employers and persons who are particularly associated with them can not subscribe to the foundation, without permission after the protectorate, contracts of sale or lease of real or personal property of extraordinary value, loan money, or paid services.
B. - redefine the role of preventive control of the Protector.
i. - The transfer, encumbrance or any other acts of disposal of assets and rights that comprise the assets of the foundation (Art. 333-1) must be made for consideration and respecting the conditions of the founders or donors . In any case, the total amount generated must be reinvested in the acquisition of other assets and rights subrogate the place of the alienated or encumbered, or in improving the assets of the foundation.
ii .- If the statutes do not provide otherwise, the need and desirability of the provision or direct or indirect taxation should be duly documented. The trustees must notify the Protectorate acts of disposition or encumbrance within 30 working days.
iii .- The Protectorate permission to perform acts of arrangement, levy or special administration is subject to administrative silence 2 months from the application unless the applicant has requested the protectorate of certain documentation, and is required (art. 333 -1 to 3 º): 1. If the assets or rights that are available have been purchased with money from public subsidies. 2. If statutes or the donor has expressly required, or 3. if the proceeds of the transaction were not fully reinvested in the assets of the foundation.
a) If the property or rights (Disp Stand. 2 nd) are part of the foundation endowment or property or rights is singular value directly linked to compliance with the founding order, the economic impact transactions over 60,000 euros or 20% of foundation assets must be based on an economic report validated by independent experts as evidence that the transaction's financial and economic criteria and market. Communication in the protectorate must accompany documentary evidence of such circumstances.
b) It is understood that the assets and rights are directly linked to the foundation so if this link appears in a statement expressed will of the founder, the trustees or a contributor in respect of assets transferred, and the Protectorate reasoned decision or the judge.
c) divestitures and charges must be recorded in the inventory and the memory of the annual accounts, the Trustees must enroll in the Land Registry or the appropriate public register without delay to ensure their advertising.
iv .- Foundations (Article 333-2) to apply at least 70% of the income and other net annual gain to fulfill the purposes of the Foundation. The rest should be applied to the delayed implementation of these objectives or to increase equity.
v. - The board shall formulate the annual accounts (Article 333-7) to the closing day of the fiscal year. Its failure determines the closing registration EXCEPT for the acts of art. º 336-3-2.
4. Foundations and corporations. It relaxes the participation of foundations in society. If you are staff (members' liability for company debts, eg IEA) requires prior authorization of the Protectorate.
case of corporations, to take shares to give control, to protectorate enough communication within 30 days (Article 333-4). In return must the foundation present consolidated financial statements. Foundations can manage
economic exploitation (art. 333-5) if the exercise of the activity itself constitute compliance with the founding purpose or is an ancillary or subordinate to the same.
5. SPECIAL FUNDS (Chapter IV, arts. 334-1 and following), are affecting real estate destination for general purposes and passing a pre-existing foundation, which acquires the destination link. Avoid having to be a legal person and helps reduce administration costs, while preserving the individuality of the Fund which may have their name and establish application-specific rules of property or income to the purposes alleged, even with the intervention of the contributor if agreed.
If management is unsatisfactory, will be the extinction of the contributor, but the goods must be linked to another destination of interest.
6. The system of statutory modification, merger, division and dissolution of the foundation does not depart significantly from the force.
a. The change of status must be formalized in a public document, agreed by the trustees and approved by the Protectorate, the possibility to reject it is priced the legal grounds for art. 335-1, and is still entitled to drive change statutory circumstances if they occur to prevent reasonably fulfill the purpose. B.
Two or more foundations may be merged or split (Articles 335-2 and 335-3) where appropriate to better achieve the aims of the foundation and has not been banned by the founders. The agreement must be motivated, formalized in a public and approved by the protectorate. Once approved, to be published. Creditors can object to it in accordance with art. 314-1.5 and 6. In case of a merger of foundations subjected to different regulation should apply the rules of Catalonia if the domicile of the foundation were established in Catalonia. C.
The dissolution of a foundation involved in their settlement, which must carry out the trustees, liquidators, if any, or, alternatively, the Protectorate (art. 335-6). The remaining assets must be allocated to foundations, other nonprofit institutions for similar purposes, or public entities. The award or the fate of the remaining assets must be authorized by the protectorate before his execution.
IV. The law ends with 2 additions, 4 transitional, 2 Repeal and 5 final.
1. The second states DA1 direct application of Book III to youth associations, alumni, parents of students, consumers and users of cultural interest and neighbors, without prejudice to specific rules.
2. The DA 2 ª contains, FOUNDATIONS, rules, acts of disposition and reinvestment duty within the meaning of Article 333-1 (independent technical report demonstrating that economic criteria are addressed market for transactions over 60,000 euros or 20% of foundational asset for foundation endowment assets, property or rights of singular value that is directly linked to compliance with the founding purpose
Employers or parents involved in legal transactions of sale, disposition or encumbrance must enroll in the Registry Property or the appropriate public record by reason of the object, without delay, to ensure your advertising.
3. Transitory Provisions granting a period of 3 years to set up associations and foundations and to adapt its statutes.
4. As for the Final Provisions, the 1 st, fails to effect the statutory provisions and internal rules to oppose the provisions of Book III. The 2 nd set DF subsidiary application of the cooperatives, mutual welfare and savings.

Friday, June 27, 2008

Bd35 Region Free Hack



CANCELLATION OF ARREST: THE JUDICIAL ORDER MUST BE FIRM, NOT ENOUGH BEING THE EXPRESSION "REGISTRY PURPOSE.

11/06/2008 The Judgement of the Court of First Instance No. 7 Salamanca dismissed the lawsuit directly against the registrar grade has suspended the withdrawal of an attachment notation not contain the strength of the ruling. In the order he certified the strength of the "registration purposes" and that is not enough, as already declared itself DGRN. Also in the case shows that the car could not be firm because the warrant was dated only a day after that.

therefore states that the Registrar's rating is accurate and in accordance with the provisions of Article 83 LH in relation to Article 207 LEC and even the resolutions DGRN (eg R. 21/04/2005 *) therefore rejects the claim and confirmed the status of registration.

As the costs of proceedings, Article 328 states that LH refers to the rules of Judgement expected in the LEC Verbal opinion that is applicable to the imposition of fees in art. 394 LEC, which enforces the rules of maturity goal, but believes that this is not the approach taken by courts that have experienced this kind of procedures that are intended to appeal against registration qualifications, and in this respect cites a number of statements that have implemented a value system or subjective. In view of this, and other arguments, among which is that "The Registrar acts to defend the rights of third parties affected by the registration "does any damning pronouncement as to costs.

* Note: Yes, it is settled doctrine of the DGRN (
R. April 21, 2005 , R. March 2, 2006 , R. April 9, 2007 ) that the concept of firmness can be predicated of a particular judicial decision is unitary (for the system in general) and is clearly defined in Article 207.2 of the Civil Procedure Act, those resolutions are firm against which no appeal, either by not providing law or because, being provided, has elapsed without any legally fixed by the parties making the submission. There is thus a firm concept of registration purposes other than procedural concept of "strict sense."


Juan Carlos Casas Red
Registrar Vitigudino Property (Salamanca)

Thursday, June 26, 2008

Female Nipple Piecing Vid




MODELS OF CERTIFICATES OF MINUTES OF MEETING FINANCIAL Approving. MODELS DO NOT APPLY FOR REGISTRATION IN THIS PRESENTATION. MODEL GUIDANCE. MODEL
C1 - SA / SL / UNIVERSAL BOARD / AUDIT REPORT NO / NO REPORT OF MANAGEMENT / RESOLUTIONS ADOPTED UNANIMOUSLY.
Don
----------------------------------------------- -------------------------------------------------- ---------------------( 1) as the ---------------------- -------------------------------------------------- ------------------------------( 2) of the entity -------------- -------------------------------------------------- ------------------------------------------( 3) hereby certify that the Book Proceedings of the entity is as follows: 1 - day-and---------------------------------- ----------------------------------------------- met its (4) General Board with the character of UNIVERSAL.2 .- That the record contains the name and signature of attendees, who at the end of the meeting approved the Act, which was signed by President and the Secretary of the Junta.3 .- What were adopted unanimously the following resolutions: a) APPROVE THE ANNUAL ACCOUNTS FOR THE YEAR ---------------- b) Apply the result as follows: (5 )------------------------------------------ -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------- ALSO CERTIFICO.1 .- That the approved annual accounts are attached in (6) - -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- ------------------------------------------------ 2. - That society can make abbreviated accounts and is not required to submit their checking accounts and auditor to prepare the management report in accordance with Articles 181, 190, 201 and 203 of TRLSA.3 .- That accounts statements have been made on the day ----------------------------------- (7) having been signed by all members of the board in force on that date (8). And for the record I sign this certification --------------------------- to the -------- ----------- ----------------------------- of ---------------------- ---------------------. Signature (9)
C2 MODEL SA / SL / BOARD UNIVERSAL / CON REPORT AUDIT / REPORT TO MANAGEMENT / RESOLUTIONS APPROVED UNANIMOUSLY / BALANCE SHEET AND PROFIT AND LOSS ACCOUNT FOR MODELS MADE IN EXTENSIVE.
Don ----------------------------------------- -------------------------------------------------- ---------------------------( 1) in its capacity as ---------------- -------------------------------------------------- ------------------------------------( 2) of the entity -------- -------------------------------------------------- ------------------------------------------------( 3 ) hereby certify that the Book of Acts of the entity is as follows: 1 - That dated ------------------------------ --------------------------------------------- --- and --- met her (4) General Meeting with the character of UNIVERSAL.2 .- That the record contains the name and signature of attendees, who at the end of the meeting approved the Act, which was signed by the President and the Secretary of the Junta.3 .- What were adopted unanimously the following resolutions: a) APPROVE THE ANNUAL ACCOUNTS FOR THE YEAR ---------------- b) Apply the result as follows: (5) - -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- ALSO ----------------------- CERTIFICO.1 .- That the approved annual accounts are attached in (6) ---------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- --------------- 2 .- The formula company accounts as usual and AUDIT REPORT AND MANAGEMENT. That audit report was made by ------------------------------------------ ----------------------------- ------------------- in date -------------- and that these accounts coincide with auditadas.3 .- That the financial statements have been made on the day -------------- --------------------- (7) having been signed by all members of the board in force on that date (8). And for the record I sign this certification ---------------------- a --- ----------------------------- ---------------- of ---------------------- -------------------------- of. Signature (9)
C3 MODEL SA / ANNOUNCEMENTS BY BOARD HELD IN A LOG AND THE BORME / NO REPORT OF AUDIT / MANAGEMENT REPORT NO.
Don ----------------------------------------- -------------------------------------------------- ---------------------------( 1) in its capacity as ---------------- -------------------------------------------------- ------------------------------------( 2) of la entidad----------------------------------------------------------------------------------------------------------(3)CERTIFICO:Que del Libro de Actas de la entidad resulta lo siguiente:1- Que en fecha--------------------------------- y en------------------------------------------------se reunió su (4) Junta General Ordinaria que fue convocada mediante anuncios publicados en (10):- Diario-------------------------------------------en fecha------------------------------------------------------------- -- Boletín Oficial del Registro Mercantil en fecha----------------------------------------------------------------2.- Que el texto íntegro de la convocatoria fue el siguiente:------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------3.- That the Board was held at -------------------------------------------- -------------------------------------------------- --------( 11) call, and after the establishment of the list of attendees by means of (12) ----------- ----------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- was concurrent --------------------------- ------------------- -------------- (13) shareholders, which --------------------------- ------------------------------ ----------------- personally attend ------------------------ total representados.En attend, both groups meet on --------------% capital signed with the right to voto.4 .- which were adopted by ------------------------------------- ---- (14) with a favorable vote -----------------% (15) of the subscribed capital with voting rights who came to the Board the following agreements: ) APPROVE THE ANNUAL ACCOUNTS FOR THE YEAR ---------------- b) Apply the result as follows: (5 )------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- ----------- ALSO CERTIFICO.1 .- That the approved annual accounts are attached in (6) ---------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- --------------- 2 .- The corporation may make abbreviated accounts and is not required to submit their checking accounts and auditor to prepare the management report in accordance with Articles 181, 190, 201 and 203 of TRLSA.3 .- That the financial statements have been made on the day -------------------------- --------- (7) having been signed by all members of the body administration effect on that date (8). And for the record I sign this certification ------------------------------- to the ------------ ------- ----------------------------- ---------------------- ----------------- of. Signature (9)
MODEL C4 SL / MEETING CALLED BY REGISTERED LETTER WITH RECEIPT / REPORT TO MANAGEMENT / OPERATING ACCOUNT BALANCE AND MODELS MADE IN EXTENSIVE
Don ------------- -------------------------------------------------- -------------------------------------------------- -----( 1) in their quality of -------------------------------------- -------------------------------------------------- --------------( 2) of la entidad----------------------------------------------------------------------------------------------------------(3)CERTIFICO:Que del Libro de Actas de la entidad resulta lo siguiente:1- Que en fecha--------------------------------- y en------------------------------------------------(4)se reunió su Junta General Ordinaria que fue convocada mediante carta certificada con acuse de recibo, habiendo sido remitido el anuncio al último socio el día (17)------------------------------------------------2.- Que el texto íntegro de la convocatoria fue el siguiente:------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------3.- That the Board was held at -------------------------------------------- -------------------------------------------------- --------( 11) call, and after the establishment of the list of attendees by means of (12) ----------- ----------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- was concurrent --------------------------- ------------------- -------------- (13) shareholders, which --------------------------- ------------------------------ ----------------- personally attend ------------------------ total representados.En attend, both groups meet on --------------% capital signed with the right to voto.4 .- which were adopted by ------------------------------------- ---- (14) with a favorable vote -----------------% (15) of the subscribed capital with voting rights who came to the Board the following agreements: ) APPROVE THE ANNUAL ACCOUNTS FOR THE YEAR ---------------- b) Apply the result as follows: (5 )------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- ----------- ALSO CERTIFICO.1 .- That the approved annual accounts are attached in (6) ---------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- --------------- 2 .- The company makes their accounts NORMAL WITH THE AUDIT REPORT AND MANAGEMENT. The audit report was conducted by the appointed auditor, current and registered with the Registry ................................ .............. to date ................................. and accounts match the auditadas.3 .- That the financial statements have been made on the day ------------------------------ ----- (7) having been signed by all members of the board in force on that date (8). And for the record I sign this certification ------------------ ----------------------------- -------------------- to of the ------------------- ----------------------------- ---. Signature (9)
C5 MODEL SL / MEETING CALLED BY REGISTERED LETTER WITH RECEIPT / NO REPORT OF AUDIT / MANAGEMENT REPORT NO .
Don ----------------------------------------- -------------------------------------------------- ---------------------------( 1) in its capacity as ---------------- -------------------------------------------------- ------------------------------------( 2) of la entidad----------------------------------------------------------------------------------------------------------(3)CERTIFICO:Que del Libro de Actas de la entidad resulta lo siguiente:1- Que en fecha--------------------------------- y en------------------------------------------------(4)se reunió su Junta General Ordinaria que fue convocada mediante carta certificada con acuse de recibo, habiendo sido remitido el anuncio al último socio el día (17)------------------------------------------------2.- Que el texto íntegro de la convocatoria fue el siguiente:------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------3.- That the Board was held at -------------------------------------------- -------------------------------------------------- --------( 11) call, and after the establishment of the list of attendees by means of (12) ----------- ----------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- was concurrent --------------------------- ------------------- -------------- (13) shareholders, which --------------------------- ------------------------------ ----------------- personally attend ------------------------ total representados.En attend, both groups meet on --------------% capital signed with the right to voto.4 .- which were adopted by ------------------------------------- ---- (14) with a favorable vote -----------------% (15) of the subscribed capital with voting rights who came to the Board the following agreements: ) APPROVE THE ANNUAL ACCOUNTS FOR THE YEAR ---------------- b) Apply the result as follows: (5 )------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- ----------- ALSO CERTIFICO.1 .- That the approved annual accounts are attached in (6) ---------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- --------------- 2 .- The corporation may make abbreviated accounts and is not required to submit their checking accounts and auditor to prepare the management report in accordance with Articles 181, 190, 201 and 203 of TRLSA.3 .- That the financial statements have been made on the day -------------------------- --------- (7) having been signed by all members of the body administration effect on that date (8). And for the record I sign this certification ------------------------------- to the ------------ ------- ----------------------------- ---------------------- ----------------- of. Signature (9)

MODEL C6 SA / ANNOUNCEMENTS BY BOARD HELD IN A LOG AND THE BORME / Auditor 's Report / REPORT TO MANAGEMENT / ACCOUNT BALANCE AND LOSS OF PROFITS MADE IN EXTENDED MODELS
Don --- -------------------------------------------------- -------------------------------------------------- ---------------( 1) in his capacity ---------------------------- -------------------------------------------------- ------------------------( 2) of la entidad----------------------------------------------------------------------------------------------------------(3)CERTIFICO:Que del Libro de Actas de la entidad resulta lo siguiente:1- Que en fecha--------------------------------- y en------------------------------------------------se reunió su (4) Junta General Ordinaria que fue convocada mediante anuncios publicados en (10):- Diario-------------------------------------------en fecha------------------------------------------------------------- -- Boletín Oficial del Registro Mercantil en fecha----------------------------------------------------------------2.- Que el texto íntegro de la convocatoria fue el siguiente:------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------3.- That the Board was held at -------------------------------------------- -------------------------------------------------- --------( 11) call, and after the establishment of the list of attendees by means of (12) ----------- ----------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- was concurrent --------------------------- ------------------- -------------- (13) shareholders, which --------------------------- ------------------------------ ----------------- personally attend ------------------------ total representados.En attend, both groups meet on --------------% capital signed with the right to voto.4 .- which were adopted by ------------------------------------- ---- (14) with a favorable vote -----------------% (15) of the subscribed capital with voting rights who came to the Board the following agreements: ) APPROVE THE ANNUAL ACCOUNTS FOR THE YEAR ---------------- b) Apply the result as follows: (5 )------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- ----------- ALSO CERTIFICO.1 .- That the approved annual accounts are attached in (6) ---------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- --------------- 2 .- The formula company accounts as usual and AUDIT REPORT AND MANAGEMENT. That audit report was made by ------------------------------------------ ------------------- appointed auditor, current and registered in the Register as of ------------------- ------------------------ --------------------- dated and developed the this report. Also certify that these accounts coincide with auditadas.3 .- That the financial statements have been made on the day ------------------------------ ----- (7) having been signed by all members of the board in force on that date (8). And for the record I sign this certification ------------- ------------------------ ------------------------- to ----------------------------- -------------- ----- of the --------. Signature (9)

C7 MODEL ONLY INDIVIDUAL CORPORATIONS OR LIMITED PARTNERSHIPS / NOT REPORT OF AUDIT / MANAGEMENT REPORT NO.
Don ----------------------------------------- -------------------------------------------------- ---------------------------( 1) in As a ----------------------------------------------- -------------------------------------------------- -----( 2) of the entity --------------------------------------- -------------------------------------------------- -----------------( 3) hereby certify that the Book of Acts of the entity is as follows: 1 - That dated ----------- and -------------------------- ---------------------- ----------------------( 4) the sole shareholder of this company constituted in General Board took the following decisions: a) APPROVE THE ANNUAL ACCOUNTS FOR THE YEAR ---------------- b) Apply the result as follows: (5 )--------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- ALSO --- CERTIFICO.1 .- That the approved annual accounts are attached in (6) ---------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- --------------- 2 .- The corporation may make abbreviated accounts and is not required to submit their checking accounts and auditor to prepare the management report in accordance with Articles 181, 190, 201 and 203 of TRLSA.3 .- That the financial statements have been made on the day -------------------------- --------- (7) having been signed by all members of the body administration effect on that date (8). And for the record I sign this certification ------------------------------- to the ------------ ------- ----------------------------- ---------------------- ----------------- of. Signature (9)

Wednesday, June 11, 2008

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PRACTICE REGISTRY:
LAND REGISTRY. MOTIVATION AND LEGAL CONSEQUENCES OF THE JUDGEMENT OF REGULATION PART annulling ATTORNEY.

(JDR) in June 2008.

ruling by the Supreme Court on May 20, two thousand eight, relapse 63/07 administrative appeal against Royal Decree 45/2007 of 19 January, amending Regulation of the organization and governance of Notaries, have been canceled several articles or paragraphs of that regulation.

This work is not very important to analyze the impact that the sentence is in the configuration of the notarial profession in Spain, but simply outline the main legal reasons why the Supreme Court has nullified the statutory provisions relating to judicial review by the notary , and discuss some practical consequences that affect the specific registration qualification of notarial documents.


A. - MAIN REASONS FOR THE JUDGEMENT OF PARAGRAPHS OR CANCEL TS RULES OF PROCEDURE FOR THE CONTROL OF ATTORNEY LEGALITY OF THE NOTARY, DENIAL OF AUTHORIZATION DOCUMENT FOR SUCH PURPOSE, AND SUCH APPEAL AGAINST REFUSAL.

STATEMENT:

1 .- LEGAL CONTROL OF ATTORNEY CAN ONLY BE A STANDARD ESTABLISHED BY LAW WITH THE RANK ASSIGNED AND THE APPLICABLE LAW OF NOTARIES MAKES NO SUCH THING.

TS acknowledges that it has to decide "on the legal viability or the expediency of establishing a judicial review by notaries." But it says its establishment "has to respond to the will of the legislature expressed in the appropriate standard for legal status." E

interprets and declares that the present Articles notarial law sets no such thing, but when discussing the notarial examination of "the legality of granting" refer to "the giving of faith by the notary that the grant has taken place in circumstances that expresses the art . 193, made reservations and legal notices referred to in art. 194 and signed the deed in the manner provided for in art. 195, after which the document authorizing the notary. "


2 .- IF ANY UNFAVORABLE TRIAL ON LEGALITY OF NOTARY HAS NO LEGAL UNDER STATUTORY LEVY THAT THIS IS THE RESULT OF THE REJECTION OF YOUR AUTHORIZATION OR INTERVENTION.

This, "because of the importance that the denial may have the rights and legal entitlements of a patrimonial nature of stakeholders, as depriving them of public documents (arts. 1278 and 1279 CC) and the corresponding security and efficiency that derives from it (art. 1218 CC) and possibilities of negotiating such Warranty provided, and the subsequent protection by registration, even if provisional and temporary, providing access to the register by the corresponding entry of presentation, starting with the possible. rectification and the consequent effects of tai priority (Art. 17.18, 24, 25, 32 LH, arts. 1473 second paragraph 1526, second paragraph of CC, etc), to name the most prominent aspects. "
He added: "These effects are projected onto the right of property, committed much of the legal acts or business in question, affecting the acquisition, conservation and efficiency, therefore matter is to be understood subject to legal reserve as appears from the art. 33.2 of the Constitution in relation to art. 53.1 thereof, then affects substantive aspects of the exercise and scope of the law. " Therefore

TS estimates that "lack a specific statutory power to establish regulations allowing the refusal of permission or intervention of attorney as a result of unfavorable opinion of legality.
As is clear from what has been said before, it can not be found in those arts. 17bis and 24 of the Notaries Act, despite its recent amendment by the laws 24/2001 and 36/2006, which does not even serve to justify under control of lawfulness in terms that are the statutory provision as has been reasoned before and contain any provision on the possibility of refusal by the notary of his ministry and the review of any decision to that effect. "

adds that "the legislator, when establishing specific limitations on access to the notarization of legal acts or business has come to arrangements with force of law, as the appellant, such is the case, inter alia, Art. 10.6 of Law 26/1984 of 19 July, General Counsel for the Defence of Consumers and Users, which prevents the authorization by the Notary of those contracts or deals in which it is intended to include clauses declared void by abusive Judgement entered in the register of the General Conditions, the art. 4.4 of Law 42/1998 of 15 December on the timeshare rights of property for tourist use, according to which notaries can not authorize a deed governing a timeshare scheme, while not stating the compliance with the requirements in paragraphs 1 and 2 of the provision itself, the art. 20 of Law 38/1999 of November 5, Building Management, which prevents the approval of deeds of declaration of new work without proving the constitution of the guarantees established in the art. 19 of the Act, or the art. 25.5 of Law 42/2003 of November 21, Forestry, which prevents the notary deed authorizing acquisition without first proving the actual notification to the Administration, which requires that provision. 3 .-


POSSIBLE REVISION OF THE NEGATIVE TO AUTHORIZE THE NOTARY DOCUMENT IS SUBJECT ALSO SUBJECT TO LAW.
The TS also overrides the paragraph on to "review the denial of authorization or intervention of attorney", as that regulation "goes beyond the regulatory scope to be subject to legal reserve (section 105.c, CE)."


4 .- CONSEQUENTLY, ALSO CANCELS OTHER PARAGRAPHS or precepts referring to a LEGAL CONTROL OF ATTORNEY, AUTHORIZATION OR DENIAL Therefore, the TS has deemed illegal. After

cancel much of the art 154 of the Notarial Regulation, also cancels other ends or items that are based on "the concept of judicial review and therefore attorney refusing permission as set out in art. 145 of the Regulation itself we considered illegal, but may invoke the provisions of paragraph preceding it invokes as art. 17bis of the Law on Notaries, because when considering the challenge of that art. 145 we have already stated what is the scope of the legal principle that coverage does not serve the statutory provision. "


IMPACT OF JUDGEMENT IN PRACTICE REGISTRY.
ISSUES.


In each case, is the text of the article, deleting it annulled by the Supreme Court, outlines the reasons for cancellation to the following statement, and concludes with a commentary on its practical consequences JDR

1. Is it necessary for the granting English expressly show what their civilian neighborhood? Should accredited?

Article 161. Regarding English nationality and identity is proof that a passport or national identity and the vicinity of the place of issue, unless you state otherwise the person

TS Reason "as a form of accreditation includes neighborhood civil, for the place of execution, unless you state otherwise the person concerned, the regulations establishing a presumption of truth of such a civilian neighborhood which is inconsistent with the regulation of the acquisition thereof, provided for in art. 14 of the Civil Code "
"Presumption of connection instead of granting the public document to the accreditation of a particular regional citizenship is contrary to the provisions of art. 14 of the Civil Code, which relates one to forms of acquisition of a specific civilian neighborhood, which is not the mere expression of interest, which determines the annulment of the provision in the clause being challenged. "
practical consequences, as JDR:
According to TS, civil residence must be expressed in any event, and also accredited. Possible
media accreditation: a.
- a statement supported by the concerned trial attorney for visibility that point.
b. - Certification of Civil Registry, where it has been expressly stated to the civil registry will acquire the residence of 2 years, or to retain the former despite new residence of 10 years.


2 .- How to be expressed and if credited the conventional matrimonial?

Article 159.
The circumstances concerning the status of each respondent shall be expressed by saying if you are single, married, legally separated, widowed or divorced.
also may be included at the request of stakeholders union status or de facto separation.
If the grantor is married, legally separated or divorced, and the act or contract would affect or could affect future financial consequences of their current marriage or in your case, above, shall include the name of the spouse who affects or could affect, as well as matrimonial property.
The circumstances referred to in this article shall be recorded by the notary so that resulting from the manifestations of those appearing.
be expressed in any event, the economic regime of marriage not legally separated. Though the statement of sufficient legal grantor. Established if the marriage is sufficient for all legal purposes, be credited to the notary certificate was granted as true. The notary deed of capitulation will identify and, where appropriate, their registration record, and testimony, briefly, the regime established, except as may be one of those covered by the law, which is sufficient to state which of them is. TS

Argument: "the expression" all legal purposes, which is reflected in the provision, (...) so all-encompassing term, and lacking any evidence to delimit its scope, it can affect other areas outside subject to statutory regulation, evidence of matrimonial property in the document, overstepping the limits of that power to affect regulatory and legal provisions on performance requirements of the marriage or the valuation assigned by law to other officers, as the party appellant with reference to the arts. 18 of the Code of Commerce and 18 of the Mortgage Act and, in general, allowing an interpretation of the scope of such a notarial action which is inconsistent with the statutory scheme. "
" the mere record of the agreed legal regime in a marriage is consistent with other estimates of the precept, that in the case legal regime is limited to the appointment. You can not say the same about the anticipation of the witness to "briefly" the matrimonial property, other than those covered by the law, agreed in a marriage, as well as the reference to a statutory scheme allows the identification of the and legal scope, being a matrimonial property and other provisions embodied in the relevant knowledge necessary for them to reaching their proper identification and assessment of its scope in such conditions that provides the only indication of a particular legal regime, which calls into question a witness brief that prevents such an assessment carried out under appropriate conditions for the staff concerned. Accordingly the Board believes that the term "short" should be annulled. " COMMENT

JDR:
If the matrimonial capitulation is to be called for the surrender for registration qualification in order to check whether "the act or contract would affect or could affect future financial consequences of marriage" and according to them, to apply the articles of the relevant Mortgage Regulations (Article 90 et seq.)


3 .- According to the supreme court, the notary must review the registration information in the commercial register of powers and appointment of business managers?

Article 165.
When one of the grantors attend the ceremony on behalf of a corporation, public body, corporation or other social person, is expressed this situation by appointing, as well as those relating to the identity of the representative, the name of the entity and its address, data registration and tax identification number if any, and indicating the title data which proves the said representation. The representative will sign the document with his own firm, without the need to precede the name or use the signature or name of the entity he represents.

TS:; The TS does not override other end of this article, but it is interpreted in the following sense:
this provision is challenged as "the requirement of registration in the Register of the alleged representation absent "as the reference to" data entry "refers to the entity and not the performance.
This challenge can not be shared, because apart from the registration information of the entity concerned, the rule refers to the indication of "heading data which proves the said representation," one of them and no less important is its listing as appropriate, so the proof of this fact is implicit in the provision and can not be justified on the same lack of reflection in the document.
should add that the appellant refers to the mandatory registration in the Commercial Register of the appointment and dismissal of managers and general powers granted by commercial companies, ex art. 22 of the Code of Commerce, regardless of the art. RN 165 refers to "society, public institutions, social Corporation or other person" in general, which may not apply to this requirement, which justifies the generic wording of the provision that at Moreover, in no way affects the system of registration of such appointment and powers of attorney or court decisions on civil registration documents in relation to the previous entry in the Register referred to the cited art. 22 of the Code of Commerce. "

JDR COMMENT:
The appellant sought the annulment of the provision not explicitly impose the requirement that the notary registration data express the position or power in the commercial register.
The TS does not override the provision it is not always required to be registered in the commercial register, but when it is, understands that the obligation to review data registration is already implied in the precept.


4 .- How must describe the property in writing when there is a change in descriptive?
Article 171.
In the description of the property, notaries rectify erroneous data in accordance with what is cadastral certification descriptive and graphic material that reflects their reality.
When such corrections shall be entered with the new data which appear in the title for the proper identification of the property with the entries in the register, and in subsequent documents only will need to enter the description update, correct again if need be.

TS: The Supreme Court annulled the precept fully transcribed, with the following argument: "Certainly the provision is to encourage the notary public accommodation under the description of the property to the corresponding cadastral certification, perform a correction affecting such matters as the physical reality of the farm, read in conjunction with the entries in the register, which affects the issue of consistency between the Registry and non registered reality, alluding to the provisions as Art. 53.7 of Law 13/1996 of 30 December on Fiscal, Administrative and Social Order or Title IV of the Mortgage Law (Articles 198 et seq), which is solved in accordance with this regulation in the area of \u200b\u200bthe registry function, so that the contested precept as possible a notarization, that beyond the simple description of the property is under the public faith shape one's own field rectification registration in anticipation of it, affects the implementation of such legislation because of the preexistence of the rectification of attorney, which can not be affected by a a regulatory standard. Leading to the estimation of the challenge and the cancellation of the provision. "

COMMENT JDR: It is not easy to draw a conclusion from such cancellation. It seems that the notary should always state the description of the property registry, adding corrections claiming stakeholders, therefore, is not the notary, as I said the injunction overturned, "rectify" the description, but will collect the manifestation of grantors claiming a correction, the effectiveness or not depends on the qualification and registration. As has been canceled
paragraph that said "in the subsequent documents need only be updated to record the description," I interpret that, conversely, the notary must always continue collecting registry description (and adds any amendments alleging grantors) to help identify the property subject of writing with which he has registered.
.- last.

Joaquin Delgado Ramos, Notary and Registrar of the property.
------------------------------------------ -------------------------------------------------- -------------------------------------------------- ------------- ---------------------------------
-------------------------------------------------- -------------------------------------------------- ----------------------
INTERVENTION
PARENTS SIGNATURE OF CREDIT
Antonio Ripoll Soler, Notary Torrevieja (Alicante).


The Supreme Court Judgement of May 20, 2008 da letter to the challenging nature of the second paragraph of Article 197 bis of the Rules Attorney, introduced by RD 45/2007 of 19 January. In that provision, basically disclaims physical presence to the representative of the credit institution before the policy can be operated properly.
The following lines, after a more careful reading of the sentence, intended to address the problem of the presence of representatives of banks to intervene in the policy signature.
The literalness of the Judgement, it is true, seems to exclude logically from the publication of the same, the possibility of intervention by the signature of the representatives of credit institutions if they fail to appear before a notary for the purpose, even without unit act.
is no doubt that open line followed by the sentence, the usefulness of the policy is called into question, because although it will remain a notary, it is no less the rest agility to traffic, at least as understood so far. This reduced lead agility, as it can not be otherwise, the crisis Documentary vehicle itself, as if those who are interested in the intervention do not see it useful to be dispensed. All this without prejudice means that increasingly less distinction between policy and deeds, and if it is true that the policies are involved and writes are allowed, which means for the latter is the author of Notary the same, unlike what happens with the policy, where intervention it does is convert a private document in a public document (S.Ap. Badajoz-post-integration "of April 27, 1999), since the policy There is no need bank intervention as we say no means no the distinction and, accordingly, the different tariff treatment.
policy crisis will manifest, as several colleagues have pointed out, in two ways: 1) On the one hand, credit institutions will increase the limits above which intervention is required, 2) On the other hand, if cast doubt on the enforceability of the policies are not signed-by representatives of credit institutions, in the presence of the notary, the notarial intervention becomes useless. Do not forget that it is precisely the enforceability of that it is building the policy intervention. That the non-presence
limbers traffic is something undeniable, note that, currently, a "product Similarly, writing mortgage, banking practice tends to "ignore" the usual presence of their parents or to draw on the performance of various administrative agencies with appropriate powers, either by the figure of the president verbal or by the system platform facilitates e-notary. It is true that in any case the end, there is an attorney who appears before a notary.
in the operation of the policy as it has been produced to sentencing, however, has dispensed with such a presence, and, historically, at first merely as a commercial use, referred to by Fugard Estivill-covered by Article 2 of Commercial Code, in a second stage is devoted to the policy level in Article 33 of the Regulation of Brokers, as a result of the amendment made in 1997 by RD of 24 July. Subject to necessary
compliance with the Judgement, we must consider what changes as a result of it, in particular, involving the abolition of the paragraph in question and how it interacts with other legislation, we should not forget that the interpretation of any rule should be systematic legal, under Article 3 of the Civil Code. Moreover, the Supreme Court's role goes beyond that of being a sort of negative legislator, to expel a standard Land forms of the same, but on the other hand, can not go further, there are statutory Statutory who have not been affected, especially Article 95 of the Commercial Code, on which we will then, and if While it is true that complete the legal case (Arg art. 1.6. Cc), is no less true that the ratio decidendi is not only a merely interpretative value and that should be without prejudice to the existence of other rules legal status, as will be seen.
As a preliminary matter, which, in my opinion, is beyond doubt is that the deletion of the paragraph in question does not, without more, the revival of the article 33 of the Brokers Rules, the arguments are clear: 1) No regulation has disappeared from the policy of the Attorney Regulation has only been amputated part thereof, without prejudice to the rest of regulation is enough to make the policy work; 2) There is a provision repealing the reform of Attorney Regulation of Attorney Regulation that, how could it be any other way, by the very consistency of procedure, on the one hand, and internal consistency of the sentence, otherwise, has not been affected by Judgement at hand.
Notwithstanding the foregoing, however, will allow us to question the arguments by which the Judgement concludes that not been properly complied notarial function if no action is performed based on the presence of the representatives of credit institutions.
The Supreme Court, as to whether the non-presence of faith violates the Foundation as set by the Notaries Act, Articles 1 and 17, said: "The Board understands that the violation occurs, as in the case of the grant , the giving of faith is determined by the intervention of a notary, which not only verify the signature and representation of the parties thereto but includes other aspects such as timely information on the contents of a public and free expression of consent by the parties thereto, being indicative about Article 197 quater of the regulation, which states that the phrase "my speech" means, among other things, that the content of the legal business is conducted in accordance with the declarations of intent by the parties, have made the reserves and giving legal notices, compliance and approval of the contents of the policy. Dation of faith that requires the presence of attorney for its finding and can not be replaced by a form of legitimacy of the signatures and opinion on the sufficiency of the credentials submitted as set out in the precept. The invocation of the previous regime to the integration of Trade Corridor can not justify altering public trust scheme established by law and no further facilitation of legal traffic can not be pursued apart by regulation of securities legally established for that purpose. "
In my view, and with due respect, I think the Supreme Court does not understand the dual aspect that notarization involves the intervention of the policy. There are two parties and competing interests in the policy. Indeed, on one hand, we present the interests of the consumer, "part non-entity", in relation to those interests is perfectly predicable suggesting the Supreme Court, not only from the perspective of the strict legislation Notarial both normative reality by going to the post-judgment, as the reform itself before the Attorney Regulation, but also takes reason for the position of the Judgement, taking the perspective of consumer legislation itself and users .
front of the "weaker party" there is a credit institution which is deeply informed, has a legal advisory service, has prepared the content of the contract which is incorporated into the policy, which provides the policy, usually a Notary , or at least, is to whom the policy returns intervened. Also, is that ultimately keeps track of the policy from that in his case, delivery to the customer to go to the notary as it deems appropriate, until they "pay the operation." Can we really consider that the will of the entity is not properly informed?, What consent was not freely given?, What is not warned of the consequences of their actions?
The Judgement of the Supreme Court in any dispute that the notarization in the trial of knowledge of the firm, as to the giving of faith that the signature is attributable to a particular person, agent of the entity-less reliable than the firm face, which also is harder to argue against firms consist repeated in the archives of the notary, unlike what happens for others that also are legitimate and not so frequently printed, on any client / attorney rogante performance.
Finally, as to the warnings, the notary public to any incident that arises when the firm contact with the body before surgery and signature by the "client" to correct them, even by Annex is sometimes prepared in the notary and the company confirms, as reflected in the intervention itself, and which clearly demonstrates the high degree of confidence, deposited by entities in the value of the performance attorney.
So, it is noteworthy that when questioned the enforceability of the policy has been for lack of presence, then the corridor, at the time of the signing of the defendant.
The implementation of the policy, by definition, be filed by the credit institution, which will not object or assert any but the performance of Ontario, pursuant to Article 95 of the Commercial Code, constitutes legal, not repealed nor indeed canceled, is satisfied of the identity and legal capacity to hire people whose business involved, and, where appropriate, the legitimacy of the signatures of the contractors, which covers not only the Commercial Code.
On the other hand, although to a lesser extent, as already pointed Fugard Estivill and Onate Cuadros, Article 197 bis, second paragraph provides "Unless otherwise is stated, it is understood that the firm has been made in the presence of notary in the same place and at the same date of the operation. " So, the Supreme Court, which has been so careful when making its decision eliminating articles, paragraphs or even words of the text of the regulation, to achieve the intended effect should be deleted from that paragraph "that the signature has been placed in the presence of the notary "and leaving him with the following wording: "While not stating otherwise, it is understood that the firm has been placed in the same place at the same date of operation" and, with the disappearance of a contrario on the possibility of signing with respect to non-attendance firms do not face such an alternative would disappear. However, the Supreme Court has ignored this deletion, which no doubt is due to an error if the ratio decidendi is consistently, nonetheless, the same formal arguments adduced to justify the regulation in the cancellation of its precepts fit also to exclude the possibility of signing non-attendance in the present case.
It said so far is that there are sufficient arguments to defend the firm non-attendance of representatives of credit institutions, of these arguments, summing up, we can highlight:
1) Article 95 of C.co. and the interpretation thereof has been carried out jurisprudencialmente and historically.
2) The application of principle incurred by the ratio decidendi of the Judgement which assumes that the positions of the credit institution and its counterpart are equivalent and interchangeable.
3) At the same time, although technically feasible in place of General Theory of Law, speaking of retroactivity, it does not seem very logical to implement a dispatch signature policies without face-to those signed before the reform, and others, intervened after sentencing, be deprived of such an effect, despite identical attend failures and despite being in force in Article 1 and 17 LN LN at that moment, regardless of the situation in which, for some interpreters, policies may be signed in the intervening open after the entry into force of regulatory amendments to the publication of the sentence. And all this on the basis of arguments that, at least, are worthy of interpretation.
With the above be true, it is equally true that the situation generated after the sentence is not desirable and produces a high degree of insecurity, they may question the enforceability of the policy in a court decision for lack of signature-face, while, which is not very difficult to predict, the registers should be inaccessible to those policies that may have it in the Personal Property Registry .
In this situation we must consider what alternatives fit, certainly, the alternatives are few, especially when you consider that most entities is contrary to the sign face, for the additional costs attributable to their parents.
As a preliminary matter, note that what is indisputable is that involves misrepresentation to state intervention, even to imply that this is Where do you appeal to the formula "with my statement," the firm's face when he really has not been. The notary who covertly naturalization paper signature face a "part non-entity" will be in clear breach of Article 1 and 17 bis 197 LN and RN, while stating is a forgery.
The solutions proposed in various forums to be well-intentioned are inconclusive. Thus, having an open policy sine die pending the representative to appear once a month (or as often as you wish) is not operational, it is also quite timeless proceed to return the policy after this period of time because the representative has not appeared before, without prejudice to any problems that may result in drawing up the index.
same is true if the notary that travels to the entity to collect the signature of the attorney, plus it is uneconomical and significantly more expensive policy, especially in cases of consumer credit and small amount, if you added 18 euros which involves the output. All this, notwithstanding the criticism it deserves the benefit of the function in these cases and out of the office of attorney.
The ability to only partially satisfies no one, sowing uncertainty and devalues \u200b\u200bthe value of the policy.
Given this backdrop, however, we are not Notaries can ask more than what we can offer, which also has special significance today, when taking into account the literal devaluative of our role as being poured into the sentence. Therefore, what to do, in my opinion, the agency warned of possible interpretive judgments arising from the decision, in such a situation the body must decide, so far has been, if you opt for the signature-face, it is desirable that the agent of the entity signs a neutral in the Annex to be informed of the situation. If despite this nothing firm and the entity sends the policy to the notary and stamped with his signature, it seems feasible by reiterating a written warning that must be done before signing. The entities asesoráis read the notary assistance and often, a posteriori, suggest what they consider appropriate, in that case it will be appropriate, even repeating a signature face.
All this must be accompanied by corresponding efforts by our representatives dictating the relevant circular and consultation with the Directorate General, which is required not only legally, under the provisions of section 344 of RN, but also morally have driven reform where, what is clear, this collateral damage was not expected.
It would also be the signing of appropriate agreements with Institutions, for who would choose to opt for the traditional interpretation or that which it seems to invite the new jurisprudential landscape.
What is clear is not conducive to anyone is a dispersion of practices among different notaries, while breaking fair competition in the provision of the function. Antonio Soler Ripoll

Notary Torrevieja, Alicante
to June 8, 2008

Tuesday, June 10, 2008

Charriol Philippines Contact Number



REPLACEMENT OF THE TRADE . AUTHORITY the principal. DISTINCTION BETWEEN POWER AND POWER GENERAL OR SPECIAL DESIGNED GENERALLY. Resolution of May 7, 2008, the Directorate General of Registries and Notaries, in the action brought by the Notary of Madrid Mr. José María Fernández Madridejos against the refusal of the commercial register of Segovia to register a writ of seizure. Binding .
Facts: The manager of a company, with a rated power of "special", but in a great extent on their terms (represented in court and outside it, perform any acts or devices duties on all goods, administrative or domain) and with power of substitution, gives turn to another person, with a great specification of the powers granted.
The eligible register that given the generality and ambiguity of the powers of the grantor, can not tell if the detailed powers granted to the agent are included in which it was granted. Apart from that denies the right 32-litem, pursuant to art. 261 and 266 of C. Com. and RDGRN of 01/23/2001. The notary draws
basing his argument on the distinction between power and general power granted in general terms of art. CC 1713. In his view the power with which he performs the principal is clearly a "general power" and therefore precisely because broad and generally should not raise doubts that the powers granted are within the scope of the powers of the grantor.
Doctrine: DG, with revocation of the rating, makes the following interesting statements:
1. To qualify a general or special power (Art. 1712 CC) should not be addressed by the words used, but there must be at the interpretation of the will of the grantor.
2. General power is affecting all businesses of the principal and special power is given for "acts uniquely specified.
3. Sometimes general mandate and mandate broadly conceived (See Article 1713 CC) coincide, as in the case of power granted to all client matters without specifying the type of acts permitted to an agent, in which case it is obvious that only include acts of administration.
4. Power will be special in it when there are two circumstances: Appointment of which bears interest and type of act authorized.
5. Therefore one can speak of a general power but to understand acts of strict ownership and power in general terms that would apply the restriction of Art. CC 1713.
6. Organic representation have a default content (cf. Art.286 C. Com and 129 and 63 LSRL LSA), but voluntary representation, should be measured by the instrument of power, taking extreme caution and rigor in the interpretation.
7. As a result of all this qualifies the power, under which principal works in the case of resolution, understanding of all kinds of acts and transactions where money or fall on the normal business traffic. Ultimately the interpretation of power in this case must be "strict" but not "restrictive."
8. Finally, regarding the registration of the DG litem civil calls it is not intended to trade transactions, and therefore, given that the principal was not prohibited substitution, it is perfectly registrable in Registry.
Comments: Two are essentially the issues addressed by this resolution DGRN:
1 .- The first is related to the interpretation of the power business, where such agents, in turn, being authorized to do so, confer other powers. It is a problem that often arises in the RRMM. Indeed
the powers conferred by the proxies of companies may take two forms:
--- A when transcribed in writing seizure powers of attorney and the power conferred refers to these powers, in which case there is no problem because there are clear interpretation of the principal powers in perfect agreement with the attorney.
--- And another when transcribed or not such authority in writing of power (cf. Article 98 Law 24/2001), the powers granted by the agent literally do not match with the powers conferred or granted the new proxy. It is in this case when the seizure by classifying the question arises whether the powers vested with the principal or not. It is a difficult problem arises because in many cases whether or not certain powers within the terms of power replaced. Typically in these cases is to suspend the registration of power based on art. 1259 CC and the general principle of law that "no one gives what is not." In view of the new resolution the problem is complicated because we interpret the power granted and intent of the principal to see if that power, not literally reflected in the power of the principal is or is not included in the power of attorney granted to the principal now . Despite the difficulty of this work believe that the resolution gives enough clues as to where to go the score in these cases in which, except in the case of a general power, the rating should be based on a strict interpretation or restrictive, according to cases of power in determining whether a particular power may or may not be granted by the proxy. In any case, the DG clarified and this is very important that the power granted, from a general power will always limit the business or trade of the company, although this limitation may not be appreciated by the RM, but it must be performed in each case the proxy action.
2 .- The second problem concerns the scope of the trial attorney of sufficiency to the content of the books of the commercial registry. Skilled in writing, as evidenced by the legal basis of the resolution, the trial attorney was sufficiency. However, neither the notary at the time of filing the appeal, or the DG dealing with it, tienen en cuenta ese juicio de suficiencia notarial, ni el uno para reforzar su recurso, ni la DG para revocar el acuerdo de calificación, pues simplemente dice que había sido realizado. Ello quiere decir, al menos a nuestro juicio, que frente a los claros pronunciamientos de los libros del RM que esté a cargo del calificante, no de otro RM, dichos pronunciamientos prevalecerán sobre el juicio de suficiencia. Ello debe ser así, no sólo en aras de la seguridad jurídica preventiva, sino en virtud del principio de legitimación proclamado en el art.20 del C. Com. y art. 9 del RRM. Es decir que pese al juicio de suficiencia que haga el Notario sobre las facultades de un administrador, consejero delegado o apoderado, si del registro resulta that the manager or CEO is not, either because they have not yet signed his appointment to register or because it has been revoked, the deed executed on the basis of this trial in any case will be registrable in the RM. This doctrine is not extended to the grade in the Land Registry, nor the score on the RM where the entity in question is registered in another register (See Section 18 and 18 C.com LH).