2011-12-05
The Council of the National Securities Market Commission (CNMV) issued this agreement to adapt its CIFRADOC/CNMV system to recognized electronic certification and signature services in compliance with new electronic registry regulations. The agreement explicitly repeals the previous CNMV Agreement of 15 September 2006 regarding the same system. It establishes the entry into force of the new provisions for the day following their publication in the Official State Bulletin.
OFFICIAL STATE BULLETIN No. 292 Monday 5 December 2011 Sec. I. Page 129066
I. GENERAL PROVISIONS NATIONAL SECURITIES MARKET COMMISSION
19081 Agreement of 16 November 2011, of the Council of the National Securities Market Commission, regarding the adaptation of the CIFRADOC/CNMV System to recognized electronic certification and signature services and creating the CNMV Telematic Register.
The Council of the National Securities Market Commission (hereinafter, CNMV) adopted the Agreement of 15 September 2006, regarding the adaptation of the CIFRADOC/CNMV System (created by Agreement of the Council of the CNMV of 11 March 1998) to recognized electronic certification and signature services and creating the CNMV Telematic Register.
The CIFRADOC/CNMV System has allowed the CNMV to implement an electronic encryption and signature system based on principles of authenticity, confidentiality, and preservation, among others, of the data transmitted via telematic means, and facilitated the processing of certain procedures and the receipt of information that, in accordance with the Securities Market Law, must be submitted by obligated subjects.
Law 11/2007, of 22 June, on the electronic access of citizens to public services, contains in its Articles 24, 25, and 26 a new regulation of electronic registers, provisions which are developed by Royal Decree 1671/2009, of 6 November, which partially develops the aforementioned Law and regulates the conditions of its operation.
Royal Decree 1671/2009, of 6 November, which partially develops Law 11/2007, of 22 June, specifically determines in Article 27.1 that electronic registers shall be created by Order of the corresponding Minister or Resolution of the head of the Public Body, determining the minimum content of these regulations, which must be published in the "Official State Bulletin".
On 16 November 2011, by Resolution of the President of the CNMV, the CNMV Electronic Register was created and regulated, thereby adapting to this new legislation.
In view of the foregoing, the Council of the National Securities Market Commission, in its meeting on 16 November 2011, has adopted the following Agreement:
First. The Agreement of 15 September 2006 of the Council of the CNMV, regarding the adaptation of the CIFRADOC/CNMV System to recognized electronic certification and signature services and creating the CNMV Telematic Register, is hereby repealed.
Second. This Agreement shall enter into force on the day following its publication in the "Official State Bulletin".
Madrid, 16 November 2011.–The President of the National Securities Market Commission, Julio Segura Sánchez.
cve: BOE-A-2011-19081 http://www.boe.es OFFICIAL STATE BULLETIN D. L.: M-1/1958 - ISSN: 0212-033X