The PMcM warns that some companies of the ibex 35 pay to his providers surpassing in more than the double the term allowed by law

The sector of the Construction and Real-estate is the worst pagador, reaching the 301 days of half term of payment in 2012. They follow him, the service sector and Trade (248), the Industrial (215), and the one of Power (109). “These data evidencian that some of the big companies fund , in some way, by the expense of his own providers, in his majority SMEs and autonomous” In front of the imminent plan of payment to providers of the Government, the PMcM has prepared a battery of proposals and demands to finish with the lacra of the morosidad, as that the money flow by all the productive chain and that derogate the article by which the contractor can pactar terms of upper payment.

The sector of the construction and the real-estate, the most punished by the crisis.

The Multisectorial Platform against the Morosidad (PMcM), after analysing the balances of the no financial sector published by the CNMV (National Commission of the Stock market), has warned that, in general lines, some companies that cotizan in the selective group of the Ibex 35 paid in 2012 to his providers in terms very upper to the allowed by the Law 15/2010 of fight against the morosidad.

According to the data analysed by the PMcM, although these big companies reduced in 2012 in 13% his half term of payment to providers regarding the previous year, the true is that the half period reached the 178 days, more than the double of the maximum fixed by the law for this year (75 days).

By sectors, the one of the Construction and Real-estate was the worst pagador, reaching the 301 days of half term of payment in 2012. They followed him, Services and Trade (248), the Industrial (215), and the one of Power (109). Except the industrial state, that experienced an increase of the half term of payment of 1% with regard to 2011, the rest of sectors registered improvements. The sought-after companies in the selective group of the Ibex 35 pertaining to the segment of the Construction and Real-estate reduced it in 22% and the ones of Power 17%, whereas in Trade and Services only descended 3%.

Operarios In full construction of a block of houses.

The average of payment to providers of 178 days contrasts with the corresponding figures to the payments that these companies realise to his respective customers, notably lower, situating in only 76 days. “These data evidencian that some of these big companies fund , partly, by the expense of his own providers, in his majority SMEs and autonomous”, reports the president of the PMcM, Antoni Cañete.

The customers of the companies that cotizan in the Ibex 35 have reduced the half term of his payments to these in 10% of average. Greater descents have taken place specifically in the sector of the Construction and Real-estate (16%, with 130 days of half period of payment), and in the one of Power (14%, with 61 days), where the big companies benefited of the improvement of the time of payment of his customers.

In the service sector and Trade the average of the period of payment by part of the customers of the sought-after to these situated in 70 days, in front of the 248 that employ the big companies in paying to his providers. In the Industrial, 80 days in front of 215.

When realising the analysis of the data of the CNMV, the PMcM has detected some anomalies. “Some of the sought-after present in his memory half terms exceeded very different to which give off of his Financial States (EEFF), what can carry to confusion to the analyst”, explains Cañete.

Works inmovilizadas.

In front of the existence of companies with reiterated terms of payment to providers that surpass the limits allowed by law, the PMcM proposes to create a penalizing diet that normalise the payments between companies with fines ejemplarizantes of until 900.000 euros.

Others of his initiatives are to implant measures no coercive of intermediación extrajudicial like the figure of the mediator; generalise the measure of the VAT to all the types of SMEs and autonomous without exception; that the debtor was the one who pay the VAT of the no earned bills; finish with the deal of favour of some communities in front of the Law and a solution would go through to derogate the articles 17 of the Law of the Retail Trade and 228 of Public Contracting; create the 'Observatory against the Morosidad', that contemplates the active and explicit participation of the PMcM, and whose set up would allow to know with rigurosidad the behaviour in the payments in our country.

For the PMcM, the descent of 13% in the terms of payment to providers by part of these big companies regarding the previous year, “possibly can have to partly to the set up of the reform of the Law 15/2010 of 'Fight against the Morosidad' and the plan of payment to providers, but this effort is still clearly insufficient”.

The initiatives of the Government of a new plan of payment to providers and of the future sanctions to the AA.PP. incumplidoras, “are worthy of alabanza, but needs more forcefulness. It does already necessary put end to this lacra, that has caused the closing of a third of the 500.000 companies that have disappeared from the start of the crisis. It is the moment to enter improvements in the legislation that ensure his fulfillment. Measures no coercive and, especially, the approval of a penalizing diet with fines that punish the on hire purchase upper payments to the legal, would be a half effective to avoid that they continue these performances”, sentences the president of the PMcM.

The one of the construction, the worse sector paid.

The Government finishes to announce that it will present in July his last plan of payment to providers. According to the Government, is studying admit bills issued until June of 2013. In principle they will not earn the interests, except in the bills with firm judicial sentences.

Likewise, will modify the Organic Law of Budgetary Stability, 2/2012 equating the commercial debt with the financial; it will increase the fiscalización of the CC.AA. And the local entities; there will be a Royal decree to help to the city councils with problems of payment in the same dates and will intensify the project of 'electronic bill' and control of the date of entrance of the bills to delete delays by administrative problems.

The PMcM has proof that with the announcement of the new plan have paralysed many of the payments of the CC.AA. And City councils waiting for his set up, since it presents to a very favourable cost for the public entities.

In front of the imminent new plan of payment to providers, the PMcM has prepared a battery of demands to finish with the lacra of the morosidad and proposals that recommends are taken into account to guarantee the success of this new plan.

The Administration has to ensure of “that the money flow by all the productive chain and do not remain in the provider or main contractor”, requests the president of the PMcM. For this, would be necessary that the contractors, when they earn of the plan of payment to providers, also pay to his time to his subcontractors in these same works. Once saldadas the debts, then would have to inform to the AA.PP., a condition that would have to be indispensable to access to new agreements of collaboration or administrative grantings with the Public Administration that corresponded.

The PMcM also demands the “derogation of the already famous article 228.5 of the TRLCSP, that has that the contractor will be able to pactar with the suppliers and subcontractors terms of upper payment whenever said pact do not constitute an abusive clause in accordance with the criteria established in the article 9 of the Law 3/2004, of 29 December; and that the payment notarise by means of a negotiable document that carry rigged the action cambiaria, whose costs of discount or negotiation run in his integrity of account of the contractor”.