LAW 42 OF 1993
Official Gazette No. 40,732, of January 27, 1993
On the organization of financial fiscal control system and agencies wield. Summary
Term Notes Editor's Notes
CONGRESS OF COLOMBIA DECREES
ARTICLE 1o. This Act includes the set of precepts governing principles, systems and procedures for financial fiscal control agencies who exercise at the national, departmental and municipal levels and legal procedures.
. Are subject to fiscal control the organs of the legislative and judicial branches, autonomous and independent bodies such as the control and electoral agencies that are part of the structure of the national administration and other national authorities, bodies created by the Constitution national and laws that have special regime, mixed economy companies, industrial and commercial state enterprises, individuals who manage funds or assets of the State, legal persons and any other organization or company that manages state resources in I related to them and the Bank of the Republic.
It is understood by national administration, for purposes of this law, the entities listed in this article.
PARÁGRAFO. The results of the fiscal surveillance of the Bank of the Republic will be sent to the President of the Republic, for the exercise of the powers conferred on him the final paragraph of Article 372 of the Constitution. Without prejudice established by the organic law of the Bank of the Republic. Effective Jurisprudence
ARTICLE 3. They are subject to fiscal control in order territorial agencies that make up the structure of the departmental and municipal administration and entities of the items listed in the previous article.
For the purposes of this Act means territorial administration entities referred to in this article.
ARTICLE 4. Fiscal control is a public function, which oversees the fiscal management of the administration and individuals or entities that manage funds or assets of the state in all its orders and levels.
This shall be exercised in later and selectively by the Comptroller General of the Republic, departmental and municipal comptrollers, auditors, auditing and tax revisorías of municipal public enterprises, in accordance with procedures, systems and principles established in this Law. Jurisprudence Effective
The 5th ITEM. For the purposes of Article 267 of the Constitution is meant by subsequent control monitoring activities, operations and processes executed by the control subjects and the results obtained by them. By selective control means the election by a technical process of a representative sample of resources, accounts, operations or activities to draw conclusions about the respective universe in the development of fiscal control.
To exercise the back and selective control the comptroller may carry out the measures they deem appropriate.
ARTICLE 6o. The provisions of this Act and which are issued by the Comptroller General of the Republic, in exercise of the powers conferred by Article 268 paragraph 12 of the Constitution, prevail in fiscal control over who can dictate other authorities. Effective Jurisprudence
ARTICLE 7. Surveillance of fiscal management that advance Ios fiscal control bodies is autonomous and independently exercised over any other form of inspection and administrative supervision.
I. TITLE OF FISCAL CONTROL: ITS PRINCIPLES, SYSTEMS AND TECHNICAL PROCEDURES.
CHAPTER I. PRINCIPLES AND SYSTEMS.
Article 8. Monitoring the fiscal management of the state it is based on the efficiency, economy, effectiveness, fairness and valuing environmental costs, so as to determine in the administration, within a specified period, resource allocation it is most convenient to maximize results; that equal quality goods and services are obtained at the lowest cost; their results are achieved in a timely and relevant to their objectives and goals. Also, to identify recipients of economic action and analyze the distribution of costs and benefits between economic and social sectors and between local authorities and quantify the impact of the use or deterioration of natural resources and the environment and assess management protection, conservation, use and exploitation thereof.
Surveillance fiscal management of individuals is ahead on the management of state resources to verify that they comply with the objectives set by management.
Article 9. For the exercise of fiscal control may implement control systems such as finance, law, management, results, account review and evaluation of internal control, in accordance with the provisions of the following articles.
PARÁGRAFO. Other control systems, involving more technology, efficiency and safety, may be adopted by the Comptroller General of the Republic, by special regulations.
ARTICLE 10. Financial control is the test performed, based on auditing standards generally accepted to establish whether the financial statements of an entity reasonably reflect the results of operations and changes in their financial situation , noting that in preparing them and transactions and operations that originated them, were observed and complied with the standards prescribed by the competent authorities and the principles of universally accepted or prescribed by the Accountant General accounting.
legality verification is made of the financial, administrative, economic and other operations of an entity to establish that have been made under the rules that apply.
ARTICLE 12. Management control is the examination of the efficiency and effectiveness of the entities in the administration of public, certain resources by assessing their administrative processes, the use of public performance indicators and performance and identification the distribution of the surplus they produce, as well as beneficiaries of their activities.
ARTICLE 13. The control results is the test performed to establish the extent of surveillance subjects achieve their goals and fulfill the plans, programs and projects adopted by the administration in a given period.
ARTICLE 14. The review of accounts is the specialized study of the documents supporting legal, technical, financial and accounting operations performed by those responsible for the exchequer for a certain period, with a view to developing the economy, efficiency, efficiency and fairness of their actions.
ARTICLE 15. For the purposes of this Act means account the report accompanied by the documents supporting legal, technical, financial and accounting operations performed by those responsible for the treasury.
ARTICLE 16. The General Comptroller of the Republic shall determine which called to account and shall prescribe the methods, forms and deadlines for this people.
Notwithstanding the foregoing each entity will form a single account that will be sent by the head of the agency in the Office of the Comptroller General of Colombia.
ARTICLE 17. If after reviewing accounts responsible for public funds aparecieren evidence of fraudulent or irregular transactions related thereto will rise and the demise fiscal trial will start. Effective Jurisprudence
ARTICLE 18. The evaluation of internal control is the analysis of control systems of the entities subject to surveillance, in order to determine the quality of them, the level of confidence that can be given to them and if they are effective and efficient in meeting its objectives.
The Comptroller General of the Republic shall regulate the methods and procedures to carry out this evaluation.
control systems referred in previous articles is made, may be applied individually, combined or total. Also it may use any other generally accepted.
FINANCIAL CONTROL METHODS.
ARTICLE 20. The surveillance of fiscal management in the entities forming the central sector and decentralized shall be in accordance with the provisions of this Act and the supervisory bodies should exercise vigilance to assess the overall management and Your results.
ARTICLE 21. The surveillance of fiscal management in mixed companies will be given the participation that the State has in the capital, evaluating business management so that to determine the resource management public is made in accordance with the principles set out in Article 8., of this Law.
the results will have effect only in relation to the state contribution. PARAGRAPH 1.
. In different to those of mixed economy in which the state participates fiscal surveillance companies will be in accordance with the provisions of this article. PARAGRAPH 2.
. The Comptroller General of the Republic shall establish procedures to be applied in accordance with the provisions of this Article.
ARTICLE 22. Fiscal supervision in institutions dealing Decree 130 of 1976, different from those of mixed economy, it will take into account whether it is input or state participation. In the first case monitoring will be limited to delivery of the contribution, the second will apply the provisions of the preceding article. Effective Jurisprudence
companies and other entities referred to by Articles 21 and 22, monitoring of fiscal management shall be without prejudice to the tax inspection, according to legal regulations, it is exercised in them.
ARTICLE 24. The report of the auditor to the general shareholders 'meeting or shareholders' meeting must be sent to the respective fiscal control body with no less advance ten (10) days after the date on which the assembly will be held or board. The auditor shall also submit the reports as may be requested by the comptroller.
PARÁGRAFO. Any contractual provision will be ineffective involving the lack of Articles 21, 22, 23 and 24.
ARTICLE 25. The comptroller exercise fiscal control on contracts based on article 355 of the Constitution by entities that grant.
ARTICLE 26. The General Comptroller of the Republic may exercise subsequent control, exceptionally, on the accounts of any territorial entity subject to control that corresponds to the departmental and municipal comptrollers, in the following cases: || | a) at the request of departmental, district or local government of any standing committee of Congress or half plus one of the members of the territorial public corporations. Effective Jurisprudence
B) A request for citizenship through the participation mechanisms established by law.
ARTICLE 27. The surveillance of fiscal management of the National Coffee Fund, investments and transfers, as well as other state assets and funds administered by the National Federation of Coffee Growers, shall be exercised by the Comptroller General of the Republic through methods, systems and fiscal control procedures under this Act.
ARTICLE 28. The surveillance of fiscal management of the entities that manage or handle payroll contributions, shall be exercised by the respective fiscal control bodies, according to the order to which they belong, in the terms established in this Law. | ||
ARTICLE 29. The fiscal control is exercised on income earned in the exercise of monopolies luck, chance and liquor intended for health and education services, without prejudice to what is established in the special law that regulates .
ARTICLE 30. The General Comptroller of the Republic oversee the exploration, exploitation, benefit or later the state administration directly or through third parties, mines on national territory without prejudice to the legal concept used.
ARTICLE 31. The fiscal control bodies may contract the surveillance of fiscal management with Colombian private companies, prior concept of convenience of the State Council. These will be chosen by merit competition in the following cases:
a) When the availability of technical, financial and human resources do not allow them to control body exercise fiscal surveillance directly.
B) Where technical expertise required.
C) If for reasons of economic convenience finds the most favorable.
PARÁGRAFO. The Comptroller General of the Republic shall determine the conditions and basis for the conclusion of the contest merits and qualities to be met by Colombian companies to exercise the relevant fiscal control.
Contracts shall be concluded between the respective comptroller and the entrant selected under the corresponding organ of fiscal control budget. The information known and manage these contractors will be used exclusively fiscal control agency contractor.
ARTICLE 32. The fiscal control bodies can meet and evaluate, at any time, programs, tasks and working papers of the companies contracted in their jurisdiction and request regular reporting of general or specific reports. The recommendations made by the respective fiscal control bodies to the contractor shall be enforceable and enforcement.
In any case the fiscal control bodies may resume monitoring fiscal management at any time, according to the terms of the contract.
ARTICLE 33. The Contractor shall review and suggest the demise of the accounts. If you find comments, you shall submit them with all their supports for the respective fiscal control body forward the process of fiscal responsibility if it is the case.
ARTICLE 34. The hiring of a private entity does not relieve the supervisory body of responsibility in fulfilling their duties.
ACCOUNTING BUDGET, DEBT REGISTRATION, CERTIFICATION, AND REPORTS AUDITAJE.
National Treasury is understood the set of rights, resources and property owned by the Nation. It includes the National Treasury and tax assets; the first consists of money, rights and values entering national offices in any capacity; property tax those who belong and those acquired according to law.
ARTICLE 36. The accounts of the implementation of the budget, which in accordance with Article 354 of the Constitution is the responsibility of the Comptroller General of the Republic, will record the implementation of revenue and expenses affecting Treasury bills national, for which take into account the survey and the revenues and expenses ordinations and payments.
To configure the treasury account be observed, among others, the following factors: the total balances, cash flows and movements, rights and current liabilities and income and expenses arising as a result of budget execution .
ARTICLE 37. The overall public sector budget is formed by consolidating the overall budgets of the Nation and decentralized territorial entities or services, whatever the order to which they belong, of individuals or entities that manage Nation funds, but only in relation to such funds and funds without legal or called special account established by law or authorized this.
Corresponds to the Office of the Comptroller General of Colombia standardize, centralize and consolidate the accounts of the implementation of the general budget of the public sector and establish the form, timing and responsible for reporting on such implementation which must be audited by fiscal control bodies, respective.
PARÁGRAFO. The Comptroller General of the Republic shall establish the appropriate classification of accounts in accordance with the Budget Code. Effective Jurisprudence
ARTICLE 38. The General Comptroller of the Republic shall submit for consideration by the House of Representatives for consideration, even determined, by July 31, the general account budget and fiscal year for that treasure.
This must be properly discriminated against and supported, with notes, appendices and comments that are on the case, indicating any surplus or deficit and including the opinion of the Comptroller General on its reasonableness.
PARÁGRAFO. If after six (6) months from the date of submission to the House of Representatives that this article refers to, it has not taken any decision, it means that it has been approved.
ARTICLE 39. The general account budget and treasury contain the following elements:
A) States to show in detail according to the decree of liquidation annual General Budget of the Nation, surveys and collections of current income and capital resources during the year accounted for whose account is rendered, indicating the count each line and increases and decreases relative to the budget estimate;
B) States to show the execution of expenditures or appropriations bill by decree detailed annual liquidation of the General Budget of the Nation, presenting comparatively the amount initially appropriate, amendments thereto and the resulting total amount executed expenses of stocks established liquidate the year, total expenses and reserves and fund balances;
C) Comparative State of the implementation of revenue and expenditure referred to in subparagraphs first two of this article, so that the resulting excess or deficit reflected. This information should be presented in a way to distinguish the sources of financing the budget;
D) Details of expenses paid during the fiscal year whose account is paid, charged to the reserves of the immediately previous period;
E) The balances of the various accounts that make up the treasure.
PARÁGRAFO. The Comptroller General of the Republic shall make recommendations as appropriate, to the House and the Government and also report the status of the national public debt and local authorities at the end of each fiscal year.
Article 40 will function Comptroller General of the Republic endorse the appropriation reserves to be established at each force and he must send the Ministry of Finance and Public Credit for purposes related to accounting execution budget.
ARTICLE 41. To comply with the provisions of paragraph 11 of Article 268 of the Constitution, the Comptroller General of the Republic shall certify the situation of state finances and pay the respective report to Congress and the President of the Republic, taking into account, inter alia, the following factors:
1. Total income and expenses.
2. Fiscal and budget surplus or deficit.
3. Cash surplus or deficit and effective operations.
4. Registration of total debt.
5. Financial results of decentralized territorial entities or services.
Accompanied by certification Anger management indicators and results that point to the Comptroller General of the Republic. PARAGRAPH 1.
. For the purpose of this article is meant by State Branches of Public Power, autonomous and independent bodies such as the control and election, the semi-public companies and agencies that make up the structure of the departmental and municipal administration. PARAGRAPH 2.
. The Comptroller General of the Republic shall prescribe standards enforceable in this area and indicate who are required to produce, process, consolidate and forward the information required to comply with this provision individuals as well as the opportunity to do so, subject to make this work the Comptroller General in cases it deems convenient. The failure to submit these reports will result in the application of the penalties provided in this Act.
ARTICLE 42. No report, account or data on the situation and the financial operations of the Nation or on fiscal statistics and any other State exclusive competence of the Comptroller General of the Republic, shall be official if not from this unless, prior to publication, it shall have been approved by it.
The rules issued by the Office of the Comptroller General of Colombia in fiscal statistics of the State concerned, they shall be applied by all offices of national and regional statistical and their decentralized entities. Effective Jurisprudence
ARTICLE 43. In accordance with the provisions of paragraph 3o., Article 268 of the Constitution, the Office of the Comptroller General of Colombia keep record of the public debt of the Nation and territorially decentralized entities or services whatever the order to which they belong and private character when any of the above is your guarantor or co-debtor.
With the sole purpose of ensuring proper registration of public debt, all constituent document of the same shall be submitted to the countersignature of the General Comptroller of the Republic.
PARÁGRAFO. The entities referred to in this Article shall register and report to the Office of the Comptroller General of Colombia, in the manner and time prescribed by it, the movement and the balance of such obligations.
Notwithstanding the foregoing, the fiscal control bodies shall keep records of the public debt of local authorities and their decentralized agencies.
ARTICLE 44. Proceeds from loans guaranteed by the Nation, and granted to any person or entity shall be subject to the supervision of the Office of the Comptroller General of Colombia in the terms established in this Act and the regulations for the effect issued by the Comptroller General.
PARÁGRAFO. In the case of entities not subject to the supervision of the Office of the Comptroller General of Colombia, control under this article only apply on the projects, plans or programs financed by the loan.
ARTICLE 45. The General Comptroller of the Republic, or his delegate, witness acts of issuance, removal and incineration of currency movement made by the State. Made issuance, the minutes of destruction of the plates or molds that may have been used for this purpose, which must be signed by the Comptroller or his delegate shall rise. Effective Jurisprudence
ARTICLE 46. The General Comptroller of the Republic for purposes of presenting the annual report to Congress on the state of natural resources and the environment, regulate mandatory for supervised entities included in any public investment project, agreement , contract or authorization of resource exploitation, valuation in quantitative terms of cost-benefit conservation, restoration, replacement, general management of natural resources and environmental degradation as well as its accounting and timely reporting to the Comptroller.