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What it is

Proposal to fine companies that pay suppliers late

Committee step 4 of 7 · Withdrawn

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 9 May 2017. Introduced by: Grupo Parlamentario Ciudadanos.

Official title: Private member's bill to strengthen the fight against late payments in commercial transactions.

Source: Congreso de los Diputados, file 122/000098· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill starts from a serious problem: many companies and public authorities pay their invoices after the agreed deadline. This hurts small and medium-sized businesses and self-employed workers the most, since they have less capacity to withstand late payments.
  2. The bill would create a Late Payment Arbitration System: a free, voluntary system for companies to settle disputes over late payments without going to court. Companies that join would receive a quality label and appear in a public registry.
  3. It would also create a State Observatory on Late Payment, attached to the Ministry of Finance, to advise, prepare reports and propose measures. Every year it would send the Government and the Autonomous Communities a report on payment periods and the fines imposed.
  4. The main novelty is a fine system: exceeding the legal payment period by more than twenty days would be a serious offense, and by more than sixty days, a very serious one. Fines would range from about €60 to nearly €820,000 in the most extreme case.
  5. Companies that pay the outstanding debt quickly would see their fine reduced: 70% if they pay within six days, 50% between seven and fourteen days, and 30% between fifteen and twenty-nine days. Micro, small and medium-sized companies could even request a full waiver of the fine if they prove that others owe them more money.
  6. To detect late payments, anonymous online reporting channels would be set up, including a 'Buzón de Lucha contra la Morosidad' (Late Payment Reporting Mailbox) run by the Tax Agency. In addition, companies and public authorities would have to publish their average supplier payment periods.

Who it affects

  • Companies that invoice other companies or public authorities: They would have to pay within legal deadlines or face fines of up to nearly €820,000.
  • Small and medium-sized businesses, microbusinesses and self-employed workers: They could use the free arbitration system, report violations anonymously and benefit from the new transparency measures.
  • Public authorities and public companies: They would be subject to quarterly reports on their payments and required to promote arbitration in their contracts.
  • Autonomous Communities (regional governments): They would be the ones checking violations and imposing fines.
  • Any individual or company: They could anonymously report late payments they become aware of.

Words worth knowing

Morosidad (late payment)
Paying invoices later than the agreed deadline or the legal deadline.
Intereses de demora (default interest)
Extra money the debtor must pay as a penalty for paying late.
Arbitraje (arbitration)
A way to settle a dispute without going to court: a third party decides and both sides accept the decision.
Concurso de acreedores (insolvency proceeding)
The situation of a company that cannot pay its debts and is placed under a special legal procedure.
Pyme (SME)
Small and medium-sized enterprise, based on its size and number of workers.

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 4 of 7 steps. It reached Committee, and today it is withdrawn.

  1. Introduced9 May 2017Someone registers the text in the Congreso.
  2. Admitted16 May 2017The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments30 June 2017Groups propose changes.
  4. Committee22 November 2017A 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 12 official steps on a timeline
Jun 2017Sept 2017Dec 2017Mar 2018Jun 201811. 9 May 2017: Presentación22. 16 May 2017: Boletín Oficial de las Cortes Generales Publicación desde 16/05/2017 hasta 19/05/201733. 16 May 2017: Calificación44. 19 May 2017: Gobierno Contestación desde 19/05/2017 hasta 14/06/201755. 14 June 2017: Pleno Toma en consideración desde 14/06/2017 hasta 20/06/201766. 20 June 2017: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 20/06/2017 hasta 27/06/201777. 27 June 2017: Comisión de Economía, Industria y Competitividad Publicación desde 27/06/2017 hasta 30/06/201788. 30 June 2017: Comisión de Economía, Industria y Competitividad Enmiendas desde 30/06/2017 hasta 22/11/201799. 22 November 2017: Comisión de Economía, Industria y Competitividad Informe desde 22/11/2017 hasta 26/06/20181010. 26 June 2018: Comisión de Industria, Comercio y Turismo Informe desde 26/06/2018 hasta 17/07/20181111. 17 July 2018: Concluido- (Subsumido en otra iniciativa) desde 17/07/2018 hasta 17/07/20181212. 17 July 2018: Comisión de Economía y Empresa Informe desde 17/07/2018 hasta 17/07/2018

20 June 2017

How did the plenary vote?

More votes in favour 335 yes · 0 no

Voted on: Private member's bill by the Ciudadanos Parliamentary Group, to strengthen the fight against late payment in commercial transactions.

Source: Congreso de los Diputados, vote 2 of sitting 60· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

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, Ciudadanos, Gcup-ec-em, GER and Popular en el Congreso.

By province: in 52 most voted in favour; in 0, against.

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

  • In favour: 52
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
82 in favour · 2 did not vote
Vasco (EAJ-PNV)5
4 in favour · 1 did not vote
Mixto19
16 in favour · 3 did not vote
Ciudadanos32
32 in favour
Gcup-ec-em67
64 in favour · 3 did not vote
GER9
9 in favour
Popular en el Congreso134
128 in favour · 6 did not vote

What happens next

What happens now?

Whoever introduced it withdrew it, or it was merged into another one. It goes no further.

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.