Oct 102009

The assets of general government

1937046791_fad55ef3ce1 .- Concept of assets

Heritage assets are owned by the government not having the character of public property, ie not intended for public use or directly connected to a public service. Please involvement consists of an asset is presumed to be proprietary in nature.

They will, inter alia, the nature of assets as follows:

a) The fees, and aliquots representing equity securities of companies, cooperatives, associations or other types of associations belonging to the local authority.

b) Assets allocated to the Local Government under collection procedure followed against tax debtors.

[:]c) The parcels surplus and unusable goods or effects.

d) Rights and leasing real

e) The rights of intellectual property

f) Assets of the forest

g) Personal property

 2 .- The acquisition of the assets

Public administrations may acquire real property by any of the methods provided in the legal system and in particular the following:

a) The attribution of the law.

Article 17 of the Property Act establishes public administrations belonging to the State General Administration of the following assets:

* The property owner that is neither

* Securities, cash, current account balances and other movable property deposited in financial institutions for which management has not been practiced by some stakeholders that involve the exercise of their right to property within twenty years.

b) A consideration

These acquisitions are normally carried out through voluntary. The acquisition will require compliance with the requirements of the procurement rules of government and rule by competition. In the case of property shall also be required, report to the property valuation.

c) inheritance, bequest or donation.

Requires a formal agreement of the competent organ of public administration and inheritance always be purchased with benefit of inventory.

d) prescribing and occupation

Public administrations may acquire property by prescription or occupation under the provisions of the Civil Code and special laws.

e) procurement of goods in judicial

It is awarded to the Treasury of the actual administration of the goods seized to ensure government debts if they are not disposed of at public auction

 3.-The management of the assets

The assets will be assigned to the equity section of the government or to public bodies dependent.

The management and administration of property and economic rights by public authorities comply with the principles:

a) Efficiency and economy in their management.

b) Efficiency and profitability in the operation of these assets and rights.

c) Publicity, transparency, competition and objectivity in the acquisition, use and disposal of these assets.

d) Identification and control over inventory or adequate records.

 4 .- The sale and transfer of the assets

Two characteristics of the assets is that they are alienable and prescriptive, ie can be sold and can be purchased by individuals for adverse possession.

In relation to the disposition and sale, the guarantee of public interests and the objectivity with which governments must act imposes some caution and competence procedimientales and some limits on the disposition of assets.

With respect to the assets of the State Administration requires the declaration of alienability of the Minister of Finance or where the Council of Ministers if the value of the property exceeds 18 million euros ce. The divestiture will take place through public auction.

The assets of local need for any kind of alienation approval by an absolute majority if the full value of the property exceeds 20% of the resources of the municipality and the Interior Ministry of the Andalusian if it exceeds 25% . The normal procedure will be open and disposal by auction. The acts of disposition of property and rights of government among themselves and between them and the dependent or related public entities will be implemented through administrative agreements.

Regarding the exchange of property can take place provided that the difference in value between the goods concerned to permute not exceed forty percent of it has increased, requiring in any case prior assessment by the municipality and accreditation their need.

The free transfer requires approval by an absolute majority of the members of the corporation, after proceedings to justify the benefit of it for the municipality and with the right of returning the loan if not used for the purpose which was sold. If the property transferred should not be used for purpose within the period prescribed in the agreement to assign or cease to be so then the transfer will be considered resolved and will be returned to local government with all the improvements made.

The assets of the Autonomous Communities also require approval by the Legislative Assembly for the disposition of certain assets, whichever justify further the public interest thereof.

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