Act 298 1996

Original Language Title: LEY 298 de 1996

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LAW 298 1996
(July 23)
Official Gazette No. 42,840, of July 25, 1996
Whereby Article 354 of the Constitution is developed, the General Accounting Office is created as a Special Administrative Unit attached to the Ministry of Finance and Public Credit, and other provisions on the subject are issued.

THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.


ORGANIZATION AND FUNCTIONS ARTICLE 1o. General Accounting Office. Paid by the General Accountant of the Nation, believe the General Accounting Office as a Special Administrative Unit, attached to the Ministry of Finance and Public Credit, with juridical personality, budgetary autonomy, technical, administrative and special regimes for personnel management , nomenclature, classification wages and benefits.
Article 2.
. ACCOUNTANT GENERAL OF THE NATION. The General Accountant of the Nation shall be appointed by the President of the Republic and shall meet the following requirements:
a) Colombian citizen by birth and is exercise; Effective Jurisprudence


B) Be Public Accountant, with professional card valid;
C) Not have been convicted by court sentence to deprivation of liberty, except for political or intentional crimes;
D) Having practiced with good credit the profession of public accountant for ten (10) years, or university professor for the same time in officially recognized. Effective Jurisprudence


ARTICLE 3. GENERAL FUNCTIONS OF THE NATION COUNTER. Accountant General's Office responsible for the following functions: Effective Decisions


A) To standardize, centralize and consolidate public accounting, prepare the balance sheet and determining the accounting standards to govern the country;
B) Bring the General Accounting Office, for which issue the standards for recognition, measurement and disclosure of information from national central sector agencies;
C) Consolidate the General Accounting Office with its decentralized territorial entities or services whatever the order to which they belong, for which set the rules, criteria and procedures to be taken by governors, mayors and other officials responsible for the management of these entities in order to advance the respective phase of the consolidation process, as well as for the production of the consolidated information to be sent to the General Accounting Office;
D) Prepare the Balance Sheet, submit to audit by the Comptroller General of the Republic and submit it to Congress, through the Legal Accounts Committee of the House of Representatives, within the period prescribed by the Constitution Politics; Effective Jurisprudence


E) Set objectives and characteristics of National Public Accounting System, referred to herein;
F) Provide general instructions on issues related to public accounting;
G) Issue administrative acts that apply, as well as regulations, manuals and instructions necessary for the proper functioning of the General Accounting Office;
H) Subscribe contracts and sort expenses and payments required by the General Accounting Office, in accordance with the law;
I) Decide appeals and requests for direct revocation filed against acts issued;
J) To exercise the legal representation of the General Accounting Office, for all legal purposes;
K) Design, implement and establish internal control policies, according to law; Effective Jurisprudence


L) Reallocate and distribute powers between the various departments for the best performance of the functions of the General Accounting Office;
M) To decide on the activities of national and international which should participate in the General Accounting Office;
N) appoint, remove and move staff from the General Accounting Office, in accordance with the laws;
O) other duties assigned by law.

ARTICLE 4. FUNCTIONS OF THE GENERAL Accounting Office. The General Accounting Office shall perform the following functions:
a) determine the policies, principles and accounting standards that should govern the country for the entire public sector; Effective Jurisprudence


B) Establish the general and specific, substantive and procedural technical standards to unify, centralize and consolidate public accounting; Effective Jurisprudence



C) Bring the General Accounting Office, for which the rules issue of recognition, registration and disclosure of information from national central sector agencies;
D) Conceptualized on the classification system of income and expenditure of the General Budget of the Nation, to ensure their correspondence with the General Plan of Public Accounting. In connection with the Integrated Financial Information System -SIIF-, the Ministry of Finance and Public Credit ensure the development of applications and access and use of the information required by the Accountant General's Office to fulfill its functions;
E) To identify and define the financial statements and reports to be drawn up and submitted entities and public sector organizations, as a whole, with its annexes and explanatory notes, setting the frequency, structure and characteristics to be met; Effective Jurisprudence


F) Prepare the Balance Sheet, submit to the audit of the Comptroller General of the Republic and submit it to Congress for its information and analysis through the Legal Accounts Committee of the House of Representatives, within the period provided for by the Constitution; Effective Jurisprudence


G) Establish the books of accounts to be kept entities and public sector bodies, the documents that must support legal, technical, financial and accounting operations performed and the requirements they must meet; Effective Jurisprudence


H) To issue the rules for accounting for contingent liabilities of third parties that are assumed by the Nation, according to the known risk likely the same, whatever the class or type of such obligations, subject to maintaining full, equal the current legal situation between the parties, at the time assume; Effective Jurisprudence


I) Issue concepts and provide consulting services related to the interpretation and application of the rules issued by the General Accounting Office;
J) The General Accounting Office, will be the doctrinal authority on the interpretation of accounting standards and other issues under its regulatory function;
K) To issue the rules for accounting for property seized, confiscated or abandoned, entities or bodies that have custody, as well as to write off the uncollectible rights, lost property and other assets, without prejudice to actions laws that may be applicable;
L) Provide the rules and procedures for the development, registration and consolidation of the general inventory of state assets; Effective Jurisprudence


M) To issue certificates of availability of financial resources or surpluses, based on information provided in the financial statements of the Nation, entities or bodies, as well as any other information that results thereof; Effective Jurisprudence


N) To produce reports on the financial and economic situation of the entities or bodies subject to its jurisdiction;
O) Overtaking studies and investigations deemed necessary for the development of accounting science;
P) Perform economic-financial studies, through the applied accounting for the different economic sectors;
Q) To perform inspections on compliance with standards issued by the General Accounting Office; Effective Jurisprudence


R) Coordinate with those responsible for the internal and external control of the entities listed in the law, full compliance with the accounting provisions;
S) Determine public entities and servers responsible for producing the same, consolidate and send the information required by the General Accounting Office;
T) Impose the entities covered by this law, its officers and other officials, previous explanations in accordance with the applicable procedure, the measures or sanctions that are relevant, for violation of the rules issued by the General Accounting Office; Effective Jurisprudence


U) other duties assigned by law.

The 5th ITEM. ACCOUNTING OFFICE. To ensure proper accounting of all public sector operations, within six (6) months following the enactment of this law months, the competent authorities restructure the existing financial and accounting areas in order to assume the role accounting in each of the entities or agencies that make up the public administration. Effective Jurisprudence



ARTICLE 6o. ORGANIZATIONAL STRUCTURE. The National Government will develop the administrative structure of the General Accounting Office, which will have a basic organization composed of the following offices and departments:
1. General Accountant of the Nation.
2. Subcontadores.
3. General Secretary.
4. Advisory offices.
5. Divisions.
6. Sections.
7. Groups.
CHAPTER II. SPECIAL DEFINITIONS


ARTICLE 7. NATIONAL PUBLIC ACCOUNTING SYSTEM. The National Public Accounting System is the set of policies, principles, standards and technical accounting procedures, structured logically, that interact with the operations, resources and activities by public bodies, generate the information necessary for decision-making and the internal and external control of public administration.

Article 8. INTEGRATED SYSTEM OF FINANCIAL INFORMATION. Integrated Financial Information System -SIIF-, is an integrated automated processes, accounting basis, which allows the production of information for public financial management set.

Article 9. GENERAL ACCOUNTING OF THE NATION. For the purposes of this Act the General Accounting Office includes that of the organs of the branches of government at the national level, entities or autonomous and independent state agencies, the agencies created by the Constitution or by law, with special regime attached to any branch of government, the natural or legal persons and any other organization or company that manage or administer national resources in relation to these.

ARTICLE 10. PUBLIC ACCOUNTING. For purposes of this law, public accounting, in addition to the General Accounting Office, the entities or decentralized organizations, territorially or services, comprising whatever the order to which they belong and any other entity that handles or manage public resources and only in relation to these.
CHAPTER III. OTHER PROVISIONS

ARTICLE 11.
entities or public bodies which are currently subject to accounting standards issued by bodies exercising functions of inspection, supervision and control must implement policies, standards and accounting principles determined by the General Accounting nation, under the terms and conditions established.

ARTICLE 12. The General Accountant of the Nation or his delegate shall be a member of the Central Board of Accountants which is the second title of Law 43 of 1990. Effective Jurisprudence


ARTICLE 13. BUDGET APPROPRIATIONS. The national government in the annual budget, appropriations and transfers will be necessary so that the proper functioning of the General Accounting Office is guaranteed.

ARTICLE 14. INTERNAL ORGANIZATION. The President of the Republic issued the rules for the internal organization of the General Accounting Office, create the other units and charges necessary for its operation, determine the specific functions and fix the remuneration of the charges attached to it, within following the enactment of this law three (3) months.

ARTICLE 15. INTERIM ORGANIZATIONAL STRUCTURE. While the new structure is established, the charges remain in force and functions set for the General Directorate of Public Accounts, by Decrees 085 and 086, 10 January 1995.

ARTICLE 16. TEMPORARY EFFECT. Public accounting standards that were being issued by the competent bodies, continue in force until the Accountant General's Office, in exercise of its constitutional and legal powers, determine the policies, principles and standards of Public Accounting.

ARTICLE 17. EFFECTIVE DATE AND REPEAL. This Law governs from its publication and repeals other rules that are contrary.
The President of the honorable Senate, JULIUS CAESAR
Tulena WAR.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, on July 23, 1996.

Ernesto Samper Pizano Minister of Finance and Public Credit, José Antonio Ocampo Gaviria
.
The Director of the Administrative Department of Public Service,


EDGAR ALFONSO SALAS GONZÁLEZ


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