The parliamentary groups that process the creation of the new Authority for the Defense of Financial Clients finalize penalize to the banks, insurers, broker-dealers and other financial companies that receive more pronouncements against by the organism. In coordination with the Ministry of EconomyThus, the PSOE negotiate a amendment to the Government’s project so that these entities have to contribute to a greater extent than the rest to finance the bodyas confirmed by various sources to this EL PERIÓDICO.
The initiative will be debated this Tuesday behind closed doors within the economy commission of Congress and the Socialists hope to achieve the enough support to move it forward, today or at the next meeting of the body of the lower house, originally scheduled for Thursday. At the expense of last-minute changes, the proposal goes through modify the rate of 250 euros by claim with which the entities were expected to finance the new authority, although maintaining that going to the organization continues to be free for those affected.
Thus, socialists have proposed that the 40% of the running cost of the Authority distribute proportionally to the number of settled claims of each financial entity with respect to the total number of claims resolved, while el 60% remaining would be distributed proportionally to the number of opinions favorable to the claimants of each entity with respect to the total number of rulings favorable to clients. An annual global amount of provisional income would be estimated, which would be would liquidate definitely in the month of April of the following yearonce the definitive expenses of the Authority are known.
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It is not the only aspect where changes are expected. Groups also negotiate reduce the amount claimed below which decisions of the new authority will be binding for entities (not for clients). The government bill fixed it at €20,000which covers around 95% of claims current. For this reason, the parties of the alliance of the Executive and its partners estimate that there is margin to lower it without harming customers. In fact, if I stayed in €10,000they would still be covered 90% of claims.
Another key aspect of the project in which modifications are studied is that of the access to courts. In the Government’s project, the entities can appeal the resolutions of the Authority, or by contentious-administrative route before the National audience in the case of binding ones, or by civil road in the case of non-binding ones. There are doubts about its legal reserve, as the General Council of the Judiciary has warned (CGPJ) and the Fiscal Counciland it is analyzed whether to take all the resources to civil proceedings.
Likewise, improvements are being negotiated in the regulations that regulate the basic payment accounts (those that entities are obliged to grant to vulnerable groups such as immigrants without a residence permit). It is also studied to fix a kind of scale for potential customers (Those who have not signed a contract with the entity, but feel harmed).
controversial rate
The economic vice president, Nadia Calvinoalready opened at the beginning of March to modify the rate, which from the beginning has generated doubts regarding its reserve in the public rates and prices law of 1989. From different areas -such as the Bank of Spain, the CGPJ or the financial employers– It has been warning since April of last year that the fixed rate of 250 euros per admitted claim could mean a perverse incentivesince entities could accept any claim less than that amount because it would be cheaper for them, which in turn could cause a wave of claims.
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The opposition, in fact, has united to lower the rate. So, PP, PNV, Cs, Junts and PdeCat They have urged to lower it to between 100 and 50 euros, depending on the case, in addition to proposing different formulas so that entities do not have to pay all or part of the fee in the event that the new body agrees with them and rule against the client. PSOE and Unidas Podemos did not initially make any proposal for modification, but it was a negotiating strategy so as not to reveal his cards in the face of the negotiation of the amendments that will be finalized this week.
Regarding the amount of claims below which the decisions of the new authority will be binding, the PNV and PdeCat They proposed a few weeks ago to lower it from 20,000 to 2,000 euros; he PP, to 1,000 euros; and C’sat 6,000 euros. CKDInstead, it proposed that all the decisions of the body be binding or, alternatively, that they be binding for claims of up to 100,000 euros. In their day, the bank employers AEB and ECSC they claimed remove said binding character of the resolutions and that, if maintained, it is also for clients and for claims of a smaller amount. The AEB, specifically, advocated setting the threshold at 5.000 euro.