Modifies The Law Nâ ° 18.695, Orga Unique Constitutional Municipalities And Regulates Municipal Associations

Original Language Title: MODIFICA LA LEY Nº 18.695, ORGÁNICA CONSTITUCIONAL DE MUNICIPALIDADES Y REGULA LAS ASOCIACIONES MUNICIPALES

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(Introducense the following modifications in the letter j) (article 79: to) replace the conjunction "or", that follows the word "corporations" " , by a comma (,).

(b) Insert, after the word "foundations", the expression "or associations".

(2) Replace subparagraph first of article 129, with the following: "article 129-one or more municipalities may establish or participate in corporations or foundations of private law, non-profit, aimed at the promotion and dissemination of art, culture and sport, or the promotion of productive and communal development works.".

(3) replace the current article 137, by the following: ' article 137-two or more municipalities, belonging or not to a same province or region, may form municipal associations, for the purposes of facilitating the solution of problems that are common to them, or to achieve the best use of available resources, these partnerships can enjoy legal status of private law, in accordance with the rules laid down in paragraph 3 of this title. "

Associations may have intended: to) the attention of common services.

(b) the implementation of local development projects.

(c) the strengthening of management instruments.

(d) the realization of programs related to the protection of the environment, tourism, health or other purposes that belong to them.

(e) the training and development of municipal staff, as well as mayors and Councillors.

f) coordination with national and international institutions, in order to improve the municipal regime. "."

(4) replace the chapeau of the subparagraph first article 138, by the following: ' article 138.-Likewise, municipalities may conclude agreements to partner between them without legal personality. " Such agreements should contemplate, inter alia, the following: "."

(5) incorporated, then in article 140, the following paragraph 3, consisting of articles 141 to 150, passing the current articles 141 to 146, to be articles 151 to 156, respectively: "paragraph 3 of the municipal associations legal personality Article 141.-the Constitution of a partnership will be agreed by the mayors of the municipalities concerned, agreement of their respective Councils" in an Assembly that will be held before a Minister of faith, and must act as such the clerk of any of such municipalities, or a public notary based in any of the boroughs of the same.

Municipal associations formed in accordance with the rules of this paragraph must make an application for entry in the register which will be for such purposes and deposit a certified copy reduced to public deed of the minutes of the constituent Assembly, your temporary directory and its statutes to the Ministry of the Interior, through the Secretariat for Regional and administrative development within the period of thirty days counted from the date of the Assembly.

Within the period of sixty days from the date of receipt of the aforementioned documents, the Ministry of the Interior, through the Secretariat for Regional and administrative development, may object to the Constitution of the Association, if not is has complied with the requirements established by law for their training and for the approval of its statutes all of which will be notified by registered to the President of the interim governing body of that letter.

The Association shall remedy the observations within the period of thirty days, counted from its notification. If so it does not do so, shall be not filed its application for registration to the registry and the members of the provisional Board will respond jointly and severally liable for the obligations which the Organization had contracted in that period.

Complied with the above procedure, the Undersecretary for Regional and administrative development will proceed to register the organization which will lead to do so.

Expiry of the period specified in the third paragraph, without which the Undersecretary for Regional and administrative development has objected to the Constitution, the application for registration shall be approved.

Municipal associations shall enjoy legal personality by the mere fact of having made the deposit and registration referred to in this paragraph.

Within the maximum period of ninety days following the obtaining of legal personality, the Organization shall convene an extraordinary meeting, which will be elected to its ultimate governing body.

Directory, which can integrate mayors and Councillors, shall exercise the administration of the Association, shall consist of a minimum of five members and shall consider, at least, the positions of President, Secretary and Treasurer. The Presidency shall correspond to one of the mayors of the municipalities that make up the respective Association. The Chairman of the Board will also be it Association and its judicial and extrajudicial representation.

A rules shall lay down the rules on Assembly, election of the Board and other bodies of the Association, reform of its statutes, rights and obligations of its members, affiliates, approval of the budget and the work plan yearly, dissolution and other provisions relating to the organisation, powers and functioning of associations which constitute in compliance with the standards of this paragraph.

Article 142.-There will be a single registry of municipal associations with legal personality of private law, in charge of the Undersecretary of Regional development and administrative of the Ministry of the Interior.

Any municipal Association may request the granting of a certificate which gives account of its registration in the register quoted Undersecretary.

The Undersecretary for Regional and administrative development will maintain the register permanently updated, being accessible via the internet, free of charge and without demand for key to the entry of the users.

The regulation shall designate the other provisions concerning the form, content and modalities of registration information that are indispensable for correct and comprehensive operation.

Article 143-the statutes of municipal associations shall contain at least the following provisions: to) name of the Association.

(b) indication of the commune in which will have Service Association.

(c) goals and objectives.

(d) rights and obligations of its members.

(e) organs of management and representation and their respective powers.

(f) type and number of assemblies to be held during the year, indicating the materials that they may be treated.

(g) procedure and quorum for reform of statutes and quorum for transaction of business and adopt agreements.

(h) rules on asset management and form set ordinary and extraordinary fees.

(i) indication of the Regional Comptroller before which will make delivery of your accounting.

(j) rules and procedures that regulate the internal discipline, safeguarding due process.

(k) form and procedure of incorporation with membership to the Association, and must consist in both cases the respective agreement of corresponding municipal Council.

(l) the frequency with which must choose their leaders, which may not exceed four years.

(m) form of settlement.

Associations which constitute in accordance with this paragraph may subject to statutes type to established the Subsecretariat of Regional development and administrative of the Ministry of the Interior by means of resolution.

You can not refuse the granting of legal personality to the municipal associations whose statutes meet the requirements established by this law to the effect.

Article 144-Associations must comply with permanent statutes.

The representative of the respective Association is obliged to inform the Ministry of the Interior, through the Secretariat for Regional and administrative development within the period of 30 days, any changes introduced to its statutes, legal domicile or composition of the governing bodies.

The Undersecretary for Regional and administrative development is empowered to supervise the compliance with the provisions in the preceding subparagraphs, which may request, associations as well as the municipalities that the form, all the information necessary to verify compliance with their statutes.

Article 145-Municipal associations formed in accordance with the provisions of this paragraph shall have own heritage, which will be managed according to the majority will of partners, and will be made up of quotas of incorporation, ordinary shares and extraordinary, certain fees pursuant to the statutes; by donations; for the product of goods and services; for the sale of assets and expenditures, grants and contributions from natural or legal persons, municipalities or entities public, national or international; and other goods purchased on its behalf.
Yet, only be subject to grants from national public entities, competitive grants or any other contribution of resources of this nature, those associations that are effective in the single registry of municipal associations, established in article 142.

Partner municipalities may not grant security interests, or secured in any species, obligations that may get the associations to which they belong.

Article 146-The dissolution of an Association of municipalities shall be decided by an absolute majority of the Assembly of partners, and must be said agreement on a record public deed, which shall notify the Secretariat for Regional and administrative development in the period of 30 days from the date of subscription.

In this case the goods will be used for payment of outstanding obligations. There is a remnant, after serving such obligations, this should be returned to partner municipalities, through a liquidation process laid down in the regulation referred to in article 141.

Article 147-Staff who work in municipal associations covered by this paragraph shall be governed by the labour and social security standards of the private sector.

Article 148-for these associations will be applicable, in supplementary form, the provisions in articles 549-558 of the Civil Code.

Article 149-A municipal associations shall apply both the principle of publicity of the civil service, enshrined in the second subparagraph of article 8 of the Constitution politics, as the rules of the law of transparency and access to government information, contained in article 1 of law No. 20.285.

Article 150.-without prejudice to the provisions of article 136, the Office of the Comptroller-General may exercise its powers of oversight and control over municipal associations that is this paragraph, with regard to their heritage, whatever their origin. "."