Royal Decree-Law 4/2013 introduces a series of amendments to Law 3/2004, which establishes anti-delinquency measures in commercial operations in order to adapt Spanish regulations to the requirements derived from European regulations.

  • The payment period is unified in 30 days in the absence of agreement between the parties, although the rule that there is no agreement when the term is longer than 60 days is maintained.
  • A special deadline is granted, in cases where a procedure of acceptance or verification of services is agreed, which can not be longer than 30 days and payment must be made within 30 days.
  • The term begins to count from the date of the provision of the services, adapting consequently the date of beginning in the cases of remittance of invoices by electronic means. It no longer stipulates the date of acceptance of invoice or approval of the service. It is computed from the date of provision of the service.
  • The term of payment, will refer to all the calendar days of the year, and will be null and void and the pacts that exclude from the calculation the periods considered as vacation will be considered invalid.
  • The reference to the accumulation of invoices is maintained, establishing the maximum accumulation period in 15 days.
  • The legal rate of interest for delay that the debtor will be obliged to pay is reformed, which goes from seven to eight percentage points, which must be added to the interest rate applied by the European Central Bank to its most recent main operation. of financing.
  • In the compensation for collection costs it is foreseen that in any case the creditor must be paid a fixed amount of 40 euros, without the need for a prior request, which will be added to the one resulting from the claim that continues to correspond to the Expenses incurred to obtain the collection of the amount owed.
  • The 15% limit of this compensation, which was calculated on the principal debt, disappears. This compensation may include, among other things, the expenses that the delay has entailed for the creditor by hiring a lawyer or a collection management agency.
  • All contracts including those signed before the entry into force of Royal Decree-Law 4/2013 will be subject to Law 3/2004, taking into account the new wording, within one year of said entry into force .
  • On the other hand, the right to receive compensation is reinforced, the possibility of associations denouncing abusive practices on behalf of their associates is broadened.
  • ACISAP may appear, on behalf of its associates, in the jurisdictional bodies or in the competent administrative bodies to request the non-application of clauses or abusive practices, in the terms and with the effects provided by commercial and commercial legislation of a character national. The complaints filed by these entities before the competition authorities will be confidential in the terms of Law 15/2007, of July 3, on the Defense of Competition.

ACISAP is a member of the Multisectorial Platform against late payments( )