Management deaf to the demands of the Delinquency Act, which came into force in July 2010. In fact, last year the public sector (which is some 40,000 million euros for English companies, representing more than half of total debt) was slow in paying their bills 157 days, three more than in 2009. The figure is far from the 50 days prescribed by law.
"The Administration must stop finance by SMEs," yesterday asked Rafael Baron, president of the Multisectoral Platform Delinquency during the presentation of a survey covering the year 2010. Baron added that local governments are the most delinquent (with about 33,000 million in debt).
also noted that the legal team of the platform (which includes one million companies) is preparing a number of unpaid claims, most of them against companies in the construction sector (one of the most delinquent), but explained to elEconomista also provide action against debtors consistory. Bill
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The good news is that in 2010 private companies were slow to pay 93 days, eight fewer than last year, but still exceeded the legal deadline of 85 days. A reduction in the platform is estimated that about 1,800 million euros. Pere delinquency expert Brachfield estimated private debt could amount to 30,000 million.
Of this, about 30% (about 9,000 million) will not be charged ever, according to Brachfeld. The Directors, contario that companies always end up paying, even long after the service or product sales.
Contrary to what much of the population has perceived Delinquency Act (which actually is a revised of a law of 2004) is more severe than government business. Pere Brachfield explains the new rule states that if a company reporting a delinquent public body, it must pay the amount due even before the trial.
preventive This payment is an important step. Prior to revise the law, the creditor could take up to five years trying to make him pay their bills, "says this expert, now, the standard takes into account that 90 percent of the cases the sentence will be in his favor and he anticipates the amount owed.
blackberry expert believes that the ideal would be to establish a similar system for business: "There should be preventive measures, which the debtor sufficient to arrest a heritage that once the legal process, respond to the debt." The expert believes, however, it is difficult to apply these measures, because the judges are, first, to the obligor (which in legal parlance is called in favor debitoris).
No Interest "In Spain, the vast majority of companies do not charge interest for late payment. It goes into his head to claim them," said Rafael Barón during the presentation of the report. Interests that, according to law, should be 8%.
addition, 64 out of every hundred companies current deal with customers periods exceeding those established by law, which is reportable, as the president of the Platform against NPLs. The big problem is still not established sanctions for defaulters, Baron explained that the platform says it represents is preparing a proposal in this regard. Within
receipts and payments, Spain has nothing to do with many of its European neighbors. In fact, only the Latin countries (like Portugal and Italy) have these default rates. "In other countries it is not necessary to enact a law to any or management company comes up with to stop paying, "said Baron.
As regards the most debtors, the builder is in the lead, with a ratio of 8.8%. What are the services (with a 3, 5%) and industry (2.2%). On the positive side, Rafael Baron noted that in 2010 they knew the law 93 of a hundred companies, more than double that in 2009.
www.eleconomista.es
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WHAT COMPANIES CAN DO AGAINST THE GOVERNMENT IN THE EVENT OF DEFAULT?
administrations have the obligation to pay within 50 days from the date of issuance of certification or completion of the contract. If they do, they must pay the creditor default interest, today, are 8% annually. Law 15/2010 has introduced a flexible and effective procedure to claim the debt, which the creditor claims payment of the administrative and, if after a month has not recovered, you can start the court claim requesting payment of interim debt. Thus, even if it was delayed several years contraratista have claimed, but many do not dare to initiate legal proceedings for fear of losing contracts. Copying
Money and Employment 15/05/2011. Interview with Peter J. Brachfield.
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