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What it is

Maximum payment deadlines between companies and for the public sector

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 12 March 2009. Introduced by: Grupo Parlamentario Catalán (Convergència i Unió).

Official title: Private member's bill amending Law 3/2004, of 29 December, establishing measures to combat late payment in commercial transactions.

Source: Congreso de los Diputados, file 122/000147· updated 11 Nov

Automatic summary, not yet reviewed

  1. Companies must pay their suppliers within a maximum of 60 days from receiving goods or services. The parties cannot agree on a longer period.
  2. Suppliers must send the invoice within a maximum of 30 days from delivering the goods or providing the service. Electronic invoices also start the payment period if their authenticity is guaranteed.
  3. If the debtor is late, the creditor can claim compensation for collection costs, capped at 15% of the debt. If the debt is under €30,000, the cap is the amount of the debt itself.
  4. Public administrations must pay their invoices within a maximum of 30 days, with a transition schedule: 55 days until the end of 2010, 50 days in 2011 and 40 days in 2012. If they do not pay, the contractor can file a claim and ask the judge for immediate payment.
  5. Controls are created to check whether administrations pay on time: quarterly reports by the State, the Autonomous Communities and local entities, plus an invoice registry in local governments.
  6. Companies that had agreed on longer payment periods must adjust them gradually: 85 days until the end of 2011, 75 days in 2012 and 60 days from January 1, 2013. For fresh and perishable food, the 30-day period applies immediately.

Who it affects

  • Companies that buy goods or services from other companies: They must pay their suppliers within a maximum of 60 days and cannot agree on longer periods.
  • SMEs and suppliers: They have the right to be paid within 60 days and to receive compensation if payment is late.
  • Public administrations: They must pay within 30 days and publish reports on meeting payment deadlines.
  • Municipalities and local entities: They must keep an invoice registry and publish reports on invoices that take too long to process.
  • Agrifood companies: They cannot defer payment for fresh and perishable food more than 30 days from delivery.

Words worth knowing

Mora
Delay in paying a debt once the deadline has passed.
Costes de cobro
Collection costs: the money the creditor spends trying to collect the debt, such as fees or advisory services.
Cláusula abusiva
Abusive clause: a contract term that unfairly harms one party and that a judge can declare void.
Recurso contencioso-administrativo
A lawsuit before a court to challenge decisions or inaction by a public administration.
Medida cautelar
Interim relief: a provisional court order protecting a party while the case is decided, such as ordering immediate payment.

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. Introduced12 March 2009Someone registers the text in the Congreso.
  2. Admitted17 March 2009The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments3 July 2009Groups propose changes.
  4. Committee25 November 2009A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate23 March 2010The Senate can pass it, amend it or veto it.
  7. BOE17 June 2010It is published in the Official State Gazette (BOE) and comes into force.
See the 13 official steps on a timeline
Mar 2009Jun 2009Sept 2009Dec 2009Mar 201011. 12 March 2009: Presentación22. 17 March 2009: Boletín Oficial de las Cortes Generales Publicación desde 17/03/2009 hasta 24/03/200933. 17 March 2009: Calificación44. 24 March 2009: Gobierno Contestación desde 24/03/2009 hasta 05/05/200955. 5 May 2009: Pleno Toma en consideración desde 05/05/2009 hasta 23/06/200966. 23 June 2009: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 23/06/2009 hasta 29/06/200977. 29 June 2009: Comisión de Industria, Turismo y Comercio Publicación desde 29/06/2009 hasta 03/07/200988. 3 July 2009: Comisión de Industria, Turismo y Comercio Enmiendas desde 03/07/2009 hasta 25/11/200999. 25 November 2009: Comisión de Industria, Turismo y Comercio Informe desde 25/11/2009 hasta 16/03/20101010. 16 March 2010: Comisión de Industria, Turismo y Comercio Aprobación con competencia legislativa plena desde 16/03/2010 hasta 23/03/20101111. 23 March 2010: Senado desde 23/03/2010 hasta 09/06/20101212. 9 June 2010: Pleno Enmiendas o veto del Senado desde 09/06/2010 hasta 17/06/20101313. 17 June 2010: Concluido - (Aprobado con modificaciones) desde 17/06/2010 hasta 03/09/2010

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 15/2010, of 5 July, amending Law 3/2004, of 29 December, establishing measures to combat late payment in commercial transactions.

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.