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Practical guide for completing census form 036

Securitisation funds (V)

(Law 5/2015, of April 27, on the promotion of business financing)

  • Original and photocopy of the public deed of incorporation, which will establish, among other things, the rules to which the fund must adhere.
  • Justification of verification and registration by the National Securities Market Commission.
  • Photocopy of the NIF of the person who signs the census declaration, who must be a representative of the entity. If the interested party appears before the Tax Authority, it will not be necessary to provide a photocopy of the NIF , provided that he/she authorizes the bodies of the AEAT to verify his/her identity data.
  • Original and photocopy of the document that proves the capacity of representation of the person signing the census declaration.

Registration in the Commercial Registry will be optional for securitization funds and their compartments.

Note:

For mortgage securitization funds that were established prior to the approval of Law 5/2015, of April 27, on the promotion of business financing, articles 5, 6 and 7 of Law 19/1992, of July 7, on the Regime of Real Estate Investment Companies and Funds and on Mortgage Securitization Funds will continue to apply.

Likewise, the Seventh Transitional Provision of the aforementioned Law 5/2015, on the transitional regime of securitization funds, must be taken into account:

  1. Mortgage Securitisation Funds and Asset Securitisation Funds that were established prior to the entry into force of this Law shall continue to be governed until their extinction by the provisions that were applicable to them at the time of their establishment, with the exception of the transparency rules of articles 34 and 36, which shall be immediately applicable upon the entry into force of this Law, and article 35, which shall be applicable to annual reports and quarterly reports published twelve months after the entry into force of this Law.
  2. Likewise, Mortgage Securitization Funds and Asset Securitization Funds that are in the process of approval and registration by the National Securities Market Commission and are established within two months following the entry into force of this Law may be governed, until their extinction, by the provisions applicable prior to its entry into force. However, the transparency rules of Articles 34 and 36 shall apply immediately upon the entry into force of this Law and Article 35 shall apply to annual reports and quarterly reports published twelve months after the entry into force of this Law.