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What it is

Bill to fully repay small investors who bought preferentes

Admitted step 2 of 7 · Rejected

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 11 March 2014. Introduced by: Grupo Parlamentario Mixto.

Official title: Private member's bill amending Law 9/2012, of 14 November, on the restructuring and resolution of credit institutions, to guarantee the full return of the nominal value of preferred shares and other hybrid instruments of capital and subordinated debt to savers without financial experience.

Source: Congreso de los Diputados, file 122/000154· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would allow small savers who bought preferentes or other hybrid instruments to recover everything they invested, with no losses, and would exempt them from the loss-management measures under Law 9/2012.
  2. A saver would generally be anyone who is a retail client, meaning anyone who is not an investment professional. The text also lists specific cases, such as people who had no other significant investment products, wanted to keep their savings available, or resemble cases accepted in arbitration or favorable court rulings.
  3. The exemption would also apply to savers without financial experience who prove they did not receive adequate information about the product they bought. Credit institutions would have to hire an independent third party to review every contract and identify savers.
  4. Management actions on these instruments would be suspended until it is determined who qualifies as a saver, and those who already exchanged their preferentes or had them converted into shares could recover their money, even if the FROB Fondo de Reestructuración Ordenada Bancaria, the public fund that managed the restructuring of Spanish banks. had already made decisions. In addition, savers holding preferentes and a mortgage on their first home with the same bank who cannot pay the installments could not have the mortgage foreclosed until the nominal amount is returned or they regain the ability to pay.

Who it affects

  • Small savers without financial training who bought preferentes or subordinated debt.: They would recover everything they invested, with no losses.
  • Those who already exchanged their preferentes or had them converted into shares and suffered losses.: They could recover the amounts invested if their status as savers is confirmed.
  • Savers holding preferentes or subordinated debt and a first-home mortgage with the same bank who cannot pay the installments.: The mortgage could not be foreclosed until the nominal amount is returned or they regain the ability to pay.
  • Credit institutions.: They would have to hire an independent third party to review all contracts and identify savers.

Words worth knowing

Participaciones preferentes
A Spanish financial product that is neither a share nor a deposit; buyers can lose their money if the bank runs into trouble.
Instrumentos híbridos de capital o deuda subordinada
Hybrid capital or subordinated debt instruments: financial products mixing features of shares and loans, last in line to be paid if the bank fails.
Acciones de gestión
Management actions: measures to spread a bank's losses among holders of these products, such as exchanging them for shares or reducing their value.
Cliente minorista
Retail client: a customer who is not an investment professional and is not assumed to have financial experience or knowledge.
FROB
Fondo de Reestructuración Ordenada Bancaria, the public fund that managed the restructuring of Spanish banks.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is rejected.

  1. Introduced11 March 2014Someone registers the text in the Congreso.
  2. Admitted18 March 2014The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Mar 2014Apr 2014May 201411. 11 March 2014: Presentación22. 18 March 2014: Boletín Oficial de las Cortes Generales Publicación desde 18/03/2014 hasta 21/03/201433. 18 March 2014: Calificación44. 21 March 2014: Gobierno Contestación desde 21/03/2014 hasta 30/04/201455. 30 April 2014: Pleno Toma en consideración desde 30/04/2014 hasta 24/06/201466. 24 June 2014: Concluido - (Rechazado) desde 24/06/2014 hasta 27/06/2014

24 June 2014

How did the plenary vote?

More votes against 141 yes · 168 no

Voted on: Private member's bill by the Mixed Parliamentary Group, to reform Law 9/2012, of November 14, on the restructuring and resolution of credit institutions, to guarantee the full return of the nominal value of preferred shares and other hybrid capital and subordinated debt instruments to savers without financial experience.

Source: Congreso de los Diputados, vote 2 of sitting 193· updated 10 Nov

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Your province

How did the deputies from your province vote?

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Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV), Mixto, GC-CiU, GIP and GUPyD. Against, most of Popular en el Congreso.

By province: in 11 most voted in favour; in 36, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 11
  • Against: 36
  • Tie: 5
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
94 in favour · 16 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto18
13 in favour · 5 did not vote
GC-CiU16
13 in favour · 3 did not vote
GIP11
11 in favour
GUPyD5
5 in favour
Popular en el Congreso185
168 against · 17 did not vote

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.