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What it is

Dissolves two public industrial institutes and creates two new entities

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 29 June 1995. Introduced by: Gobierno.

Official title: Government bill on the creation of certain public law entities (originating from Royal Decree-Law 5/1995, of June 16).

Source: Congreso de los Diputados, file 121/000107· updated 11 Nov

Automatic summary, not yet reviewed

  1. It dissolves the National Institute of Industry (Instituto Nacional de Industria) and the National Institute of Hydrocarbons (Instituto Nacional de Hidrocarburos), which until then held public stakes in industrial and hydrocarbon companies.
  2. It creates the State Industrial Agency (Agencia Industrial del Estado), attached to the Ministry of Industry and Energy, to manage companies subject to industrial restructuring or conversion plans. It receives the public stakes listed in Annex I of the law.
  3. It creates the State Industrial Holdings Company (Sociedad Estatal de Participaciones Industriales), which will manage public stakes in companies that compete in free markets, listed in Annex II. One of its goals is to pay off the debt generated by the National Institute of Industry.
  4. The Agency may not take on debt, guarantee loans, or lend money to its companies. The State Holdings Company, by contrast, may carry out financial operations and borrow, subject to the limits set each year by the budget law.
  5. Companies under the Agency may be transferred to the State Holdings Company once their restructuring plans end and they have made profits in the last three fiscal years, with net worth equal to or greater than their share capital.
  6. Both entities must report annually to the Cortes Generales (Spanish Parliament) and appear before committees of the Congress of Deputies (Congreso de los Diputados) and the Senate when asked. They must also send the same information that listed companies give to the National Securities Market Commission.

Who it affects

  • Public industrial and hydrocarbon companies, which come under the new Agency or the new State Holdings Company.: Their ownership and management regime change.
  • Workers of the two dissolved institutes and of the new entities.: Their employment relationship is governed by private law, with severance pay capped at legal maximums.
  • The Ministry of Industry and Energy.: It oversees the effectiveness of both new entities and appoints their board members.
  • The Cortes Generales (Spanish Parliament).: It receives annual information and can require the chairs of both entities to appear before its committees.

Words worth knowing

Entidad de derecho público (public law entity)
An organization created by the State with its own legal personality, but which is not a traditional public administration.
Reconversión o reestructuración industrial (industrial conversion or restructuring)
Plans to reorganize and make viable industrial companies in crisis.
Texto refundido de la Ley General Presupuestaria (consolidated text of the General Budget Law)
The rulebook on how the State's budgets are prepared and controlled.
Tributación consolidada (consolidated taxation)
A corporate tax regime under which a group of companies is taxed as a single one.
Fedatarios públicos (public notaries)
People with public faith, such as notaries, who certify certain acts and charge fees for it.

It summarizes the law as published in the BOE. 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 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced29 June 1995Someone registers the text in the Congreso.
  2. Admitted29 June 1995The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
Jun 199511. 29 June 1995: Presentación22. 29 June 1995: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 5/1996, of January 10, on the creation of certain public law entities.

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.