To prove compliance with the deadlines set out in Law 3/2004, of December 29, the following shall be carried out in accordance with the provisions of article 13.3 bis of Law 38/2003, of November 17, General Subsidies, the following must be completed:
If, in accordance with accounting regulations, you can present an abbreviated profit and loss account, you only need to select option A on the form.
If, in accordance with accounting regulations, you cannot present an abbreviated profit and loss account, you must click on option B of the form and provide, as appropriate, the following documentation:
In the event that the latest audited annual accounts reflect the information required by the Third Additional Provision of Law 15/2010, of July 5, amending Law 3/2004, of December 29, establishing measures to combat late payment in commercial transactions, a certificate issued by the company's auditor would suffice, indicating that in his audit work he has carried out procedures to obtain evidence of the correctness of the content of the annual accounts report, thus complying with the requirement of article 13.3 bis of the General Law on Subsidies. This certificate will be valid until the annual accounts for the following year have been audited.
In the event that it is not possible to issue the previous certificate (because there are still no audited annual accounts for the last financial year or because they reflect a percentage of compliance with supplier payment deadlines of less than 90%), the auditor must issue an "Agreed Procedures Report" (APR) which, based on the review of a representative sample of the company's outstanding invoices to suppliers on a reference date, concludes that no exceptions to compliance with the payment deadlines of Law 3/2004 have been detected, or if they are detected, these do not prevent the required level of compliance of 90% from being achieved.
The required level will be deemed to have been met when the payment terms provided for in Law 3/2004, of December 29, are equal to or greater than the percentage provided for in the sixth final provision, letter d), second section, of Law 18/2022, of September 28, on the creation and growth of companies (90%).
The report will be valid for a period of 6 months from the reference date.