NEW MEASURES AGAINST DEFAULT BUSINESS OPERATIONS The July 7 came into force Law 15/2010, of July 5, to amend the Law 3 / 2004 of December 29, laying down measures to combat late payment in commercial transactions published in the Official Gazette of July 6.
is noteworthy that the reform of the Law 3 / 2004 by Law 15/2010 amending key aspects of English law that help protect especially to SMEs and freelancers.
We summarize some of the highlights of the new rule:
One of the key issues this rule is the elimination of the clause "unless otherwise agreed" to prevent abusive conditions imposed by its use, and establishing mandatory time limits for payment for all transactions between commercial entities, with a maximum payment period of 60 days, be compulsory from January 1, 2013, deadline can not be avoided even if there is an agreement between the parties.
arises addition, new payment deadlines for transactions between business and public administration (30 days from January 1, 2013) for works contracts with government (60 days from January 1, 2013) .
also poses a transitional adjustment period after the entry into force of these regulations for these operations, which will culminate on January 1, 2013.
Listed below are the various deadlines for the payment depending on the participating entities:
It should be noted that the beginning of computing time limits established by this legislation is counted from the date of receipt of the goods or services.
Failure to comply with the deadlines, there is the right of the creditor by the debtor to claim compensation for all recovery costs properly credited (if the delay is the responsibility of the latter)
addition to the above, review the following points contained in the standard:
• Companies are obliged to publish the report of its financial statements the payment terms to its suppliers.
• are void all clauses agreed between the parties on the date of payment or the consequences of delay that are contrary to the provisions of these regulations.
• control measures are set in default of the government, preparing reports to that effect.
• Create a Registry of the Local Government Bill, which will include all invoices and other documents issued by contractors in order to justify services provided by them, managed by the intervention or a similar body of local government that maintains the records.
