SYRIZA amendment for the reform of the law on where you are

The amendment on the content of the statements where did you go and the presentation of the means of proof was submitted by 15 deputies of SYRIZA. In the explanatory memorandum of the amendment submitted by the secretary of the Central Committee of SYRIZA, Olga Gerovasilis, the extension of the obligations of submitting an initial or annual statement “where did you come from” is characterized as imperative.

As stated in particular, “the increased interest in transparency surrounding the property and economic situation in general and the potential economic influence of persons holding important political or institutional positions, as members of government or Parliament or as judicial officials or as members of independent authorities, but also of persons who hold critical positions of influence of public opinion around political and economic issues, such as journalists, publishers, etc., imposes the extension of the obligations of submitting an initial or annual statement “where are you from” (Law 3213/2003). In this regard, arrangements are introduced for the declaration and the presentation of proofs relating to the letting, leasing and subletting of dwellings and real estate of any use, but in particular this amendment supporting documents, with particular emphasis on the recording of data relating to loans, especially those granted by banks, and their development, in order to address the phenomenon of indirect increase in assets or indirect improvement of the financial situation of persons who are obliged to comply with increased transparency rules, as it may cause unjustified grants or particularly favorable arrangements, write-offs, installment suspensions “.

The proposed provisions are as follows:

Article….

1. Item ix) of case a) of article 2 paragraph 1 of law 3213/2003 is replaced as follows:

“ix. In particular, the declaration of the obligors, referred to in cases a ‘to e’, f ‘, l’, r ‘to k’ and kb ‘of paragraph 1 of Article 1, includes their loan obligations to domestic and foreign credit and banking institutions, other legal entities under public and private law and natural persons as of December 31 of the previous year, if each of them exceeds the amount of five thousand (5,000) euros. the commercial value of the immovable property on which the collateral has been granted for the obligations of the preceding subparagraph The persons liable under indents a ‘to f’ and r ‘to k’ of paragraph 1 of Article 1 shall also declare and post the supporting documents for the facilities, the waiver, the arrangements or write-offs, the amount of the installments and the number of installments related to the payment of their debts in the year to which the declaration relates. Article 1 The obligation of the previous paragraph is valid only after the publication of the decision of the competent minister after an assent expressed respectively by the plenary sessions of the supreme courts of the country and by the governing bodies of the independent authorities. The ministerial decision of the previous paragraph, in compliance with the same procedure, determines the conditions and the details of implementation of the obligation that enters into force with it.

The declaration of the above obligors includes any debt arising from administrative fines, fines, taxes and fees to the State and Local Government Organizations, fees to Legal Entities under Public Law and contributions to social security organizations and exceeds five thousand (5,000) “at the date of the preceding subparagraph.”

2. In article 2 paragraph 1 case a) of law 3213/2003 point x) is added as follows:

“x. The declaration of the obligors of cases a ‘to e’ of paragraph 1 of article 1 includes a declaration and posting of the supporting documents for their obligations as lessors, tenants or sublets of houses or real estate of any use. The declaration includes the details of their identity, the location and area of ​​the property, the duration of the lease and the amount of the rent “.

3. In article 2A par. 15 of law 3213/2003, case h) is added as follows:

“(h) contracts or leases of residence and contracts or leases or financing of real estate.”

4. Article 2A par. 16 of Law 3213/2003 is replaced as follows:

“16. In the declarations of the obligors, which are compulsorily audited in accordance with paragraph 2 of Article 3B, and in the declarations of the obligors of cases f ‘, r’ to k ‘and kb’ are also attached documents from which the loan obligations to nationals arise. and foreign credit and banking institutions, other legal entities of public and private law and natural persons, as they are formed at the date of reference of the declaration, and, in the initial case, at the time of acquisition of the status. development of loan installments at the time of its issuance, b) detailed statement of payments, c) contract or other written debt settlement act, d) written debt forgiveness or write-off or loan suspension operations, e) current loan installment development, if the bank has not acts of regulation, release, write-off or suspension of debts for debts of the obligor shall provide a relevant certificate which shall be posted instead of the documents related to these acts. documents are attached for each debt over five thousand (5,000) euros, which exists on the above dates and comes from administrative fines, fines, taxes and fees to the State and Local Governments, fees to Legal Entities under Public Law and contributions to Social Security Organizations “.

Article….

Transitional provision

The obligors of Law 3213/2003, as formulated by this law, for whom the obligation to submit a declaration for items ix) and x) of case a) of article 2, paragraph 1, who have submitted a declaration for the year, applies 2021, initial or annual, and initial declaration for the year 2022, submit a supplementary declaration and post the supporting documents relating to the total years from the acquisition of the capacity relevant to their obligation and beyond. The obligation of additional declaration according to the previous paragraph also extends to those who acquired (initial declaration) or had (annual declaration) the status of the obligor during the period 2014-2020. The submission of the declarations of subsections a ‘and b’ is done exclusively until 31/08/2022. Especially for the obligors of cases l ‘and kb’ of article 1 paragraph 1 of law 3213/2003, this obligation is valid only if the ministerial decisions provided in point ix) of case a) of article 2 paragraph 1 of law n are issued. 3213/2003.

Source: AMPE