ROYAL DECREE 142/1981, DATED 9 JANUARY, CONCERNING THE ORGANIZATION AND FUNCTIONING OF THE REGISTRY OF RELIGIOUS ENTITIES

(BOE No. 27, 31 January)

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Article 5 of the Organic Act of Religious Freedom determines the creation, within the Ministry of Justice, of the Registry of Religious entities, and the final disposition of said Act authorizes the Government to adopt, by proposal of the Ministry of Justice, the necessary legal provisions for the organization and functioning of this Registry. In consonance with this precept, by proposal of the Minister of Justice, in accordance with the ruling of the State Council and after deliberation by the Cabinet at its meeting of 9 January 1981, I instruct that:

 

1. The Registry of Religious Entities, created according to the provisions of Article 5 of the Organic Law of Religious Freedom, shall be established at the Ministry of Justice, as a General Public Registry and shall be dependent upon the General Direction of Religious Affairs.

 

2. The following shall be registered with the Registry of Religious Entitties:

 

A) Churches, religious Faiths and Communities.

B) Religious Orders, Congregations and Institutes.

C) Associative religious Organizations constituted as such under the ordinance of Churches and Faiths.

D) Their respective Federations.

 

3. 1. Inscription shall be made by request of the respective Entity, in writing, and accompanied by the literal certificate of the document of establishment, duly authenticated, or the corresponding notarial document of foundation or establishment in Spain.

 

2. The following information is necessary for inscription:

 

a) Denomination of the Entity, in such a way as to be appropriate for distinguishing it from any other Entity.

 

b) Address.

 

c) Religious objectives with respect to the limits established in Article 2 of Organic Act 7/1980 of 5 July on Religious Freedom, in the exercise of rights originating in religious freedom.

 

In the cases of the associative religious Entities referred to in Section c) of the previous article, the fulfillment of this requirement should be accredited with suitable certification from the superior agency in Spain of the respective Churches or Confessions.

 

d) Rules of operation and representative Organisms, stating their powers and requirements for valid designation.

 

e) Optionally, a list of the names of persons who legally represent the Organization. The corresponding certification of registration shall be sufficient proof for accreditation of said representation.

 

3. For that not provided for in this Regulation, inscriptions and annotations corresponding to Churches, religious Confessions and Communities that have established Agreements or Accords of Cooperation, shall be made in compliance with the stipulations of these Agreements.

 

4. 1. Once the request for registration has been examined, and when the report, if requested, has been received from the Advisory Commission on Religious Freedom, the Minister of Justice will resolve according to law. At the time the petitioners are notified of the resolution, and if this has been accepted, they will also be given information relative to identification of the registration.

 

2. Registration can only be refused if the requirements referred to in Article 3 (4) are not duly accredited.

 

5. 1. Any modification of the circumstances described in Article 3 shall be communicated to the Ministry of Justice as stipulated in this article concerning requests for inscription.

 

2. Such changes shall be inscribed or noted, as appropriate, in the Registry as decreed by the Director General of Religious Affairs and shall take suitable legal effect from the moment of inscription.

 

3. To appeal this resolution, the corresponding petition of appeal may be presented to the Minister of Justice.

 

6. The resolutions of the Minister of Justice shall end available administrative proceedings, and the concerned parties may proceed as stipulated in Article 3 of the Organic Acton Religious Freedom.

 

7. 1. The Registry shall operate under the system of standard correlative pages, on which will be entered the information required by Article 3, as well as any changes made to this information and the dissolution of the Entity, should this occur.

 

2. A special Section shall be provided for inscriptions and annotations corresponding to those Churches, religious Confessions and Communities with which agreements or accords of cooperation have been established.

 

3. As an annex to the Registry and as part of the same there will be a dossier or record for each of the Entities registered, in which will be filed all documents relating to that Entity, in chronological order and numbered correlatively.

 

8. Entries relative to a specific religious organization may not be cancelled unless by request of its legal representatives, who must be duly authorized, or in fulfillment of a final judgment.

 

 

TRANSITIONAL PROVISIONS

 

First. Those religious entities having legal status without having been registered with any State Registry may request their inscription at any time, but three years after the present regulation has come into effect, they may accredit this legal status only by means of the corresponding certification proving registration with the Registry of Religious Entities.

 

Second. 1. Inscriptions carried out in the Registries established by the Decree of 12 March 1959, and under Law 44/1967 of 28 June, shall be moved to the Registry of Religious Entities.

 

2. Where appropriate, these inscriptions will be required to add or complete the documentation referred to in Article 3.

 

3. Once the period referred to in the First Transitotional Provision has passed, no certificates of registration shall be issued except for those Entities whose documentation is complete.