Is a consortium a legal entity?

What is a consortium?

The Preliminary Title regulates in detail the regime of administrative bodies, taking as a basis the regulations contained in Law 30/1992, of November 26, 1992, which incorporates certain new features. The creation of new bodies may only be done after verifying that there is no duplication with the existing ones. The provisions on the bodies of the consultative Administration are completed and the regulation of the collegiate bodies is improved, particularly those of the General State Administration, highlighting the generalization of the use of electronic means so that they can be constituted, hold their sessions, adopt resolutions, prepare and send the minutes of their meetings.

The Law regulates the Ministries and their internal organization, based on the following bodies: Ministers, Secretaries of State, Undersecretaries, General Secretaries, General Technical Secretaries, General Directors and General Sub-Directors.

This Law includes functions of the Ministers which, until now, were scattered in other regulations or which were inherent to the exercise of certain functions, such as entering into contracts and agreements within the scope of their competence; authorizing budgetary modifications; deciding on the representation of the Ministry in collegiate bodies or working groups; rendering the Department’s account before the Court of Auditors; and resolving administrative appeals filed before the higher and executive bodies of the Department. The Law partially reorganizes the competences between the superior bodies, Ministers and Secretaries of State, and the executive bodies, Undersecretaries, Secretaries General, Technical Secretaries General and Directors General of the Ministries, attributing to certain bodies as their own certain functions which until now were usually delegated to them. And in order to make possible the management improvement measures proposed in the CORA Report, a new competence is attributed to the Undersecretaries: that of adopting and promoting measures aimed at the centralized management of resources and material means within the scope of their Department.

Where is the consortium regulated?

Consortiums are regulated in Articles 118-127 of Chapter VI Title II of Law 40/2015, of October 1.

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What type of entity is a consortium?

What is a consortium.

The Consortium is a contract of business collaboration, which does not constitute a legal entity independent of the consortium members, or persons that form it.

What is a local consortium?

1. Adm. An organization formed by local entities associated with other administrations for purposes of common interest, or with private non-profit entities, for purposes of public interest concurrent with those of the consortium administrations, and which those entities control by any procedure.

Business consortium

A consortium is also called a consortium when shareholders of independent companies agree to surrender control of their shares in exchange for consortium certificates entitling them to participate in the common profits of the consortium. The participants in the syndicate are called members of the syndicate. Examples of consortia are the W3C, Airbus (at the time of its creation in 1970) and to some extent the European Southern Observatory (ESO).

Consortia emerged as a perfect modality of economic association in Brazil in the sixties of the last century and have been modernized and transformed over time. A fundamental contribution in this sense has been made by the ABAC foundation (Brazilian Association of Consortium Administrators). Although scholars of the subject such as Mazzuchini (2005, p.13) find antecedents in Brazil in 1900 with the so-called “Clube de Mercadorias”, later regularized in 1917 and improvements in 1950 with Japanese immigrants.[1] In Argentina, a consortium of property owners has been established in the form of a consortium of property owners in the form of a “Clube de Mercadorias”.

In Argentina, a consortium of owners is the meeting or grouping of the Co-owners, i.e. those persons who are owners of a property subject to the horizontal property regime. That is to say that the consortium is a person of ideal existence, a legal person different from the members that form it. Represented by a registered administrator.

What is a public-private consortium?

SECTION 1 – Public-private participation contracts are those entered into between the bodies and entities that make up the national public sector with the scope provided for in Section 8 of Law 24,156, as amended (in the capacity of contracting party), and private or public subjects under the terms set forth in …

Who regulates consortium administrators?

The Public Registry of Consortia Administrators registers and grants the corresponding registration to the persons who administer horizontal property consortia within the City of Buenos Aires. It was created by Law 941, which regulates the activity of consortia administration.

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What law regulates consortia?

Law 941 – Public Registry of Administrators of Horizontal Property Consortiums – Creation – REGULATED.

How the legal representative of a consortium is chosen.

2º) Declare that the question raised in the appeal that present an objective interest for the formation of case law is to determine whether after the regulatory amendments introduced by Law 27/2013, of 27 December (especially through its Provision ? nal segunda) and by Law 15/2014, of September 16 (especially through its articles 12 to 15), put in relation to articles 118 to 127 of Law 40/2015, of October 1 , it is possible to state, or not, that the Consortia have the status of local entities.

Notified of the above resolution to the parties and within the term set forth in art. 92. 1 of Law 29/1998, of July 13, 1998, regulating the Contentious-Administrative Jurisdiction (hereinafter, LJCA), the procedural representation of Consorcio Red Local para la Promoción Económica, el empleo y la formación de la Comunidad de Madrid, by means of a writ registered on October 18, 2018, filed an appeal in cassation in which, after stating that its appeal ends by requesting this Court to issue a judgment “quashing and annulling the challenged Judgment and, placing itself in the procedural position of the Court of First Instance, to examine the merits of the case, proceeding to the resolution of the appeal in the terms in which the debate was raised in the first instance.

What kind of person is a consortium?

The consortium does not generate a new mercantile company, because not being constituted with all the legal requirements, it does not form a legal person different from the partners individually considered. It is neither an irregular company nor a de facto company, likewise it lacks legal personality.

What are the members of a consortium called?

The participants in the consortium are called partners. Examples of consortia are the W3C, Airbus (at the time of its creation in 1970) and to some extent the European Southern Observatory (ESO).

Who represents a consortium?

The Council of State has adopted the thesis according to which the representation of the members that make up the consortium resides in the person designated as the person in charge of safeguarding or sponsoring the interests of the association, for which reason the express granting of a mandate by each of the members is not required….

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Consortiums law 40 2015

Be it known and manifest to all citizens that Les Corts have approved and I, in accordance with the provisions of the Constitution and the Statute of Autonomy, in the name of the King, enact the following Law:

The aforementioned statutory amendment carried out by Organic Law 1/2006 has entailed the creation of a title, title VIII, entirely dedicated to local administration, its article 64.1 establishing the obligation to approve a Local Regime Law of the Valencian Community in the exercise of the legislative initiative contained in article 26 of the Statute of Autonomy of the Valencian Community.

Therefore, in accordance with the currently existing constitutional distribution of competences, the Generalitat has exclusive competence in the local regime within the framework of the essential respect for the basic rules dictated by the State, being, on the other hand, a statutory obligation the need to dictate a law of local regime of the Valencian Community.

The law is based on the fundamental premise of considering the municipality, the local entity par excellence, as a first level entity, and the remaining local entities as second level entities, which, apart from the competences or tasks directly attributed, have a subsidiary execution action to the municipalities when the latter cannot exercise all or part of the competences attributed to them.