The Bankruptcy Proceedings Statistics replaces the INE Statistics on Suspensions of Payments and Declarations of Bankruptcy following the entry into force on 1 September 2004 of Organic Law 8/2003, for Bankruptcy Reform, and Law 22/2003 on Bankruptcy.
The legal concepts of suspension of payments and declarations of bankruptcy are replaced by that of arrangement with creditors, calling the entities subject to this process bankrupt debtors.
The name of the law, Bankruptcy Law, is due to the concurrence of the creditors on the common debtor's patrimony.
The information provided by the new Bankruptcy Proceedings Statistics is collected monthly via a questionnaire from the new Commercial Courts and the Courts of First Instance and the Courts of First Instance and Instruction with commercial jurisdiction. In addition, the information published in the Official State Gazette (BOE) is collected as an additional source.
Based on Royal Decree-Law 1/2015, on second chance mechanism, reduction of financial burden and other second chance social measures, the Courts of First Instance are empowered to process bankruptcy proceedings for natural persons who are not businesspersons. For this reason, this information is starting to be collected and published in the BOE.
The statistics provide quarterly information on the number of bankrupt debtors, as well as the type of bankruptcy (voluntary or involuntary), the type of proceeding (ordinary or summary), and the existence of an early proposal of agreement and its contents (deduction, waiting, deduction and waiting or other proposal).
It collects all orders declaring arrangement with creditors through the judicial bulletins collected in the Judicial Portal of the commercial courts and courts of first instance, and orders declaring bankruptcy proceedings of natural persons without economic activity that are processed in the courts of first instance published in the BOE.
The statistical unit is the bankrupt debtor.
The statistical population is made up of all the bankrupt debtors.
The geographical scope of this statistic covers the entire national territory.
The statistics are carried out on a quarterly basis. There are results available since the third four-month period of 2004, since the entry into force of the Bankruptcy Law.
The Bankruptcy Proceedings Statistics has data from the third four-month period of 2004, since the entry into force on 1 September 2004 of Organic Law 8/2003, for Bankruptcy Reform, and of the Bankruptcy Law 22/2003.
Number of bankrupt debtors affected by an order declaring an arrangement with creditors issued in the competent courts.
The statistics reference period is quarterly.
Data referring to the period: Quarterly A: 2018 QTR: III
The compilation and dissemination of the data are governed by the Statistical Law No. 12/1989 "Public Statistical Function" of May 9, 1989, and Law No. 4/1990 of June 29 on “National Budget of State for the year 1990" amended by Law No. 13/1996 "Fiscal, administrative and social measures" of December 30, 1996, makes compulsory all statistics included in the National Statistics Plan. The National Statistical Plan 2009-2012 was approved by the Royal Decree 1663/2008. It contains the statistics that must be developed in the four year period by the State General Administration's services or any other entity dependent on it. All statistics included in the National Statistics Plan are statistics for state purposes and are obligatory. The National Statistics Plan 2017-2020, approved by Royal Decree 410/2016, of 31 October, is the Plan currently implemented. This statistical operation has governmental purposes, and it is included in the National Statistics Plan 2017-2020. (Statistics of the State Administration).
There is an Addendum to the Collaboration Agreement signed between the General Council of the Judiciary and the National Statistics Institute for the development of Judicial Statistics.
Statistics data are sent at the bankrupt debtor level corresponding to the Autonomous Communities that request it.
With respect to the policy of confidentiality of the data of the Bankruptcy Proceedings Statistics, it should be said that the variables of bankrupt debtor, NIF, type of bankruptcy and type of proceedings and province are public, since the BOE publishes the bankruptcy proceedings one by one.
The frequency of dissemination of the statistics is quarterly, providing provisional data for the reference quarter. 15 days before the provisional publication, final data of the reference quarter of the previous year are disseminated.
The results of the statistics are disseminated through the INE website:
and some others are included in publications such as the Statistical Yearbook, INE Figures, etc.
INEbase is the system the INE uses to store statistical information on the Internet. It contains all the information the INE produces in electronic formats. The primary organisation of the information follows the theme-based classification of the Inventory of Statistical Operations of the State General Administration . The basic unit of INEbase is the statistical operation, defined as the set of activities that lead to obtaining statistical results on a determined sector or subject based on the individually collected data. Also included in the scope of this definition are synthesis preparation.
Access to tables and time series at www.ine.es, in INEbase within the section "Financial and monetary statistics"
Users will not be able to access the microdata.
There is the possibility of requesting customised information from the INE user service area. Limitations on confidentiality or accuracy are taken into account when processing such requests.
A detailed description is available at:
Fields 10.6 to 17 of this document are the user-oriented quality report for this operation.
Quality assurance framework for the INE statistics is based on the ESSCoP, the European Statistics Code of Practice made by EUROSTAT. The ESSCoP is made up of 16 principles, gathered in three areas: Institutional Environment, Processes and Products. Each principle is associated with some indicators which make possible to measure it. In order to evaluate quality, EUROSTAT provides different tools: the indicators mentioned above, Self-assessment based on the DESAP model, peer review, user satisfaction surveys and other proceedings for evaluation.
Monthly the courts fill in the statistical bulletin of bankruptcy proceedings at the judicial neutral point. This information goes through a series of cleaning and validation phases:
-All the NIFs of bankrupt debtors are reviewed, in the case of companies it is checked whether the NIF corresponds with the company name.
-The dates of declaration of bankruptcy are compared, the one that appears in the declaration order and the one that appears at the moment of the presentation of the report of the bankruptcy administration; these must already coincide.
-On a daily basis, the orders declaring bankruptcy are recorded from the BOE. This information is stored, and sometimes complete the information received from the courts.
-The judicial bulletins are requested to those courts that have not completed them on time.
-Preparation of reports and comparative evolution rates with data from the General Council of the Judiciary.
The Bankruptcy Proceedings Statistics is a high quality operation that meets all the criteria of consistency, comparability, accuracy and timeliness.
The data of this statistic follow the same trend and are consistent with the information published by the General Council of the Judiciary.
Among the users of the statistics are:
-Ministries and other public bodies.
-Territorial administrations (Autonomous Communities, City Councils,...), for dissemination of their territorial data.
-Companies and non-profit institutions.
Each of these users has different needs according to the destination and usefulness of the information they need.
The INE has carried out general user satisfaction surveys in 2007, 2010, 2013 and 2016 and it plans to continue doing so every three years. The purpose of these surveys is to find out what users think about the quality of the information of the INE statistics and the extent to which their needs of information are covered. In addition, additional surveys are carried out in order to acknowledge better other fields such as dissemination of the information, quality of some publications...
On the INE website, in its section Methods and Projects / Quality and Code of Practice / INE quality management / User surveys are available surveys conducted to date.(Click next link)
The specific needs of users are taken into account whenever customised requests are made. The demand for information is usually of the variables published but with greater disaggregation.
Although there is no regulation that establishes the information to be provided, the Bankruptcy Proceedings Statistics satisfy the majority of the needs of its users; with respect to the unsatisfied needs, they are resolved by means of custom-made requests.
According to the National Statistical Plan, 100% of the requested information is provided.
The collection procedure, coverage control, cleaning of errors and imputation of non-response, allows obtaining a high degree of reliability of the statistics.
The information necessary for the preparation of the statistics is obtained comprehensively from the Commercial Courts, without sampling, so there are no errors associated with sampling.
In order to correct non-sampling errors, such as lack of response, estimations are carried out. Specific information is also available on the non-response rate which is less than 5%.
The statistics data are published about 36 days after the last month of the reference quarter (TP1=36 days).
The dissemination of the data is carried out according to the short-term statistics availability calendar that the INE prepares and publishes for each year.
The processing of this statistic in all its phases is the same for the whole territory. In this way, the results are perfectly comparable for any geographical disaggregation.
The continuity in the methodology applied since the implementation of the statistics (September 2004) allows its comparability over time. All variables published (10 variables) are comparable over time.
The length of the comparable series is CC2=53 periods.
However, it should be borne in mind that in 2009 there was a logical break in the series, as a consequence of the entry into force of the new national classification of economic activities (CNAE 2009).
In order to guarantee the comparability of the information over time, the INE publishes on INEbase the retrospective series of the number of bankrupt companies by main economic activity in the new classification CNAE 2009.
The Bankruptcy Proceedings Statistics follow the same trend as the data published by the General Council of the Judiciary.
Consistency is a fundamental question both in the approach of the statistics methodology as well as in all its development process. The results have complete internal consistency, since they are based on the same set of data and the same source of information.
The estimated budget appropriation necessary to finance this statistic foreseen in the 2019 Annual Programme is 31,35 thousand euros.
Given that it uses administrative sources, the information is already held by the administration, therefore, conducting this statistic does not involve any cost for the users, as it doesn't need their participation to obtain the data.
The INE of Spain has a policy which regulates the basic aspects of statistical data revision, seeking to ensure process transparency and product quality. This policy is laid out in the document approved by the INE board of directors on 13 March of 2015, which is available on the INE website, in the section "Methods and projects/Quality and Code of Practice/INE’s Quality management/INE’s Revision policy" (link).
This general policy sets the criteria that the different type of revisions should follow: routine revision- it is the case of statistics whose production process includes regular revisions-; more extensive revision- when methodological or basic reference source changes take place-; and exceptional revision- for instance, when an error appears in a published statistic-.
Provisional statistics data are disseminated quarterly, which are reviewed with the definitive ones when they are published. This latest ones are not further revised.
There is a data review, the provisional data published are revised and replaced by definitive ones, which by definition, are not revised.
All information on bankrupt debtors is obtained from the judicial bulletins filled in by the courts at the neutral judicial point (data concerning the date of declaration, type of bankruptcy, type of proceedings, NIF), Commercial Courts, Courts of First Instance and Courts of First Instance and Instruction with commercial jurisdiction.
The information related to the type of person (natural or legal person), the legal form of the company, the main economic activity, turnover bracket and number of employees bracket; is obtained by crossing with the information available in the Central Business Register (CBR).
Judicial bulletins are continuously collected, and the courts record them on the judicial portal as they enter. The frequency of data collection is monthly.
The courts fill in the bulletins with the information requested, and the INE can automatically access it.
The data that appear in the bulletins are tabulated and undergo a series of validations on the NIF variables, date of declaration order, etc. It is verified that there are no duplicity of orders. In cases where there is doubt, the court is contacted to check the information.
In a first phase the identification and correction of errors and inconsistencies in the variables is carried out. In the second phase a revision is carried out to see that everything done is correct.
No adjustments are made.