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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 provisionsRestricted 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 provisionsSubjected 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 provisionsFrom 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 32History and versions
BOE publication: 06/11/2010 · Initial entry into force: No specific commencement date set in the text; see application notes
BOE-A-2010-17039Royal 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-2005-9877Law 32/2010, final provision six: section 32 wording effective from 6 November 2010.
BOE-A-2010-12616Law 35/2014: prohibition from 1 January 2015 and transitional sale and liquidation arrangements.
BOE-A-2014-13568Transitional 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 provisionPublished 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 scopeThe 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
Earlier references (2)
- In accordance with · BOE-A-2005-9877
- In accordance with · BOE-A-1995-24292
