Spain · National · Resolution

Resolution of 5 November 2010: historical instructions on mutuas and prevention companies

Historical: the shareholding authorisation was superseded by the legal prohibition from 2015

Official Spanish title: Resolución de 5 de noviembre de 2010, de la Dirección General de Ordenación de la Seguridad Social, por la que se dictan instrucciones a las mutuas de accidentes de trabajo y enfermedades profesionales de la Seguridad Social en relación con la aplicación del artículo 32 de la Ley 31/1995, de 8 de noviembre, de Prevención de Riesgos Laborales, en la redacción dada por la disposición final sexta de la Ley 32/2010, de 5 agosto.

On this page
  1. What it regulates
  2. Who it applies to
  3. Key provisions
  4. History and versions
  5. Transitional provisions and application notes
  6. Official BOE legal relationships
  7. Official sources
  8. Explore the concepts in Sabentis Explore

What it regulates

Issued transitional instructions for mutuas as shareholders in prevention companies following the 2010 LPRL amendment. It addressed clients, sole-shareholder status, asset transactions, controls and separation of activities. It does not authorise mutuas today to operate external prevention services or hold shares in prevention companies: LPRL section 32 changed from 2015.

Who it applies to

Reconstruction of the 2010–2015 separation of mutuas’ commercial prevention activities. The instructions addressed those entities and their companies; they did not provide a general authorisation to deliver services without accreditation.

Key provisions

Under the 2010 legal framework, the companies could serve any business, even one not associated with the shareholder mutua. The mutua had to retain sole-shareholder status pending the contemplated regulations. These rules are presented as historical.

First and second provisions

Restricted asset transactions and governed dissolution, liquidation or transfers, external valuation and audit. Additional contributions required a reasoned application, a viability plan and oversight documentation.

Third to sixth provisions

Subjected the shareholder activity to oversight and required an audit of the definitive separation of activities in the first quarter of 2011. That is a historical deadline that has elapsed.

Seventh and eighth provisions

From 1 January 2015 the LPRL prohibits mutuas from performing external prevention service functions and using their historical assets to hold shares in companies whose purposes include prevention. This is the current statutory reference for that issue.

Article 32

History and versions

BOE publication: 06/11/2010 · Initial entry into force: No specific commencement date set in the text; see application notes

BOE-A-2010-17039

Royal Decree 688/2005 organised separation of activities. Law 32/2010 prohibited direct external prevention services but at that time allowed shareholding; the resolution provided interim implementation instructions. Law 35/2014 replaced that authorisation with the prohibition in LPRL section 32 and established transitional divestment in 2015. The absence of a total-repeal annotation does not make the 2010 instructions a current permission.

Royal Decree 688/2005: earlier separation and oversight framework.

BOE-A-2005-9877

Law 32/2010, final provision six: section 32 wording effective from 6 November 2010.

BOE-A-2010-12616

Law 35/2014: prohibition from 1 January 2015 and transitional sale and liquidation arrangements.

BOE-A-2014-13568

This record links to the original publication and subsequent instruments. No separate consolidated BOE text has been identified for this instrument.

Transitional provisions and application notes

  • Law 35/2014 required sale proposals before 31 March 2015 and disposal of shareholdings by 30 June 2015 at the latest; non-compliance led to dissolution and liquidation. These are not deadlines that can restart today.

    Law 35/2014 · third transitional provision
  • Published on 6 November 2010, the commencement date of the legal amendment it implemented. No formal repeal date for the whole resolution is invented: its shareholding authorisation is identified as incompatible with the later Act.

    Publication and temporal scope
  • The prohibition on commercial prevention activity does not remove every preventive function of mutuas within their collaboration with Social Security. These are distinct legal areas governed by their respective rules.

    Separation of activities

Official BOE legal relationships

Relationships may affect only specific provisions. They do not by themselves determine the status of the whole instrument: consult its history and application notes.

Earlier references (2)

Official sources

Official sources checked on 14/11/2026. Updating a database record does not by itself mean that the legislation has been amended.

  1. BOE-A-2010-17039
  2. ELI identifier
  3. BOE-A-2010-12616
  4. BOE-A-2014-13568
  5. BOE-A-1995-24292

Official sources checked on 14 November 2026. The original publication and subsequent provisions determine the legal scope; consolidation, where available, is informative. The editorial history focuses on OSH-relevant relationships and does not replace the sources.

Sabentis editorial translation; it is not an official translation and does not replace the official text.

Editorial information

Publication date: 14 November 2026.

Editorial responsibility: Sabentis editorial team.

Editorial review by Pablo RodríguezLinkedIn

Executive Vice President of the International ORP Foundation and Chief Financial Officer of Sabentis.

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