On combating late payment in commercial transactions
14/01/2011
Application Scope:
Commercial transactions carried out between companies or between companies and the government, as well as made between main contractors and their suppliers and subcontractors.
PRIVATE SECTOR
The deadline for payment to be met by the debtor will be 60 days. The deadline is 60 days from the date of receipt of goods or provision of services even in case of receipt of the invoice before the goods or services or even have prepared a verification procedure. The law states that this term should be adjusted gradually according to the following schedule:
- Since the entry into force of this Lleida 31/12/2011: within 85 days of receipt
- Between 01/01/2012 and 31/12/2012: within 75 days of receipt
- From 01/01/2013: within 60 days of receipt
Providers must send the invoice or request for payment equivalent to their customers before they met 30 days from the date of actual receipt of goods or services.
Invoices can be grouped along a specified period not exceeding 15 days through a comprehensive bill for all deliveries made during that period.
PUBLIC SECTOR
The administration has the obligation to pay the price within 30 days following the date of issuance of certificates of works or the relevant documents certifying the completion of the contract.
This period of 30 days should apply as of January 1, 2013
After the 30 days, the contractors may claim in writing to the Contracting Authority compliance with the obligation to pay and, if applicable default interest. If the administration does not reply within one month is understood acknowledged the payment deadline and those interested can make an administrative appeal against the inaction of the administration, as a precautionary measure may request immediate payment of debt .
Transitional periods for the implementation of 30 days:
- Since the entry into force of this Act and 31/12/2010: payment term of 55 days
- Between 01/01/2011 and 31/12/2011: payment term of 50 days
- From 01/01/2013: payment term of 30 days
Construction companies of civil works contracts to keep alive the different Public Administrations, exceptionally and for two years from the date of entry into force of this Act, may agree with their suppliers and / subcontractors or the following deadlines for payment in accordance with the calendar application, without pacts can beat deadlines.
- Since the entry into force of this Act and 31/12/2011: payment term of 120 days
- Between 01/01/2012 and 31/12/2012: payment term of 90 days
- From 01/01/2013: payment term of 60 days