LAW 454 1998
Official Gazette No. 43,357, of 6 August 1998
Whereby the conceptual framework governing the solidarity economy is determined, the National Administrative Department of turns cooperatives in the National Administrative Department of Economic Solidarity, the Superintendency of Solidarity Economy is created, the Guarantee Fund is created for financial cooperatives and savings and credit, rules on financial activity of entities of cooperative nature are held and other provisions are issued. Summary
THE CONGRESS OF COLOMBIA DECREES: TITLE I.
PRELIMINARY PROVISIONS CHAPTER I. GENERAL PRINCIPLES
ARTICLE 1o. OBJECT. The object of this law is to determine the conceptual framework governing the solidarity economy, transform the National Administrative Department of Cooperatives in the National Administrative Department of the solidarity economy, create the superintendence of the solidarity economy, create guarantee fund for financial cooperatives and credit unions, issue rules on financial activity of entities issuing cooperative nature and other provisions corresponding to the provisions of articles 58, 333 and related provisions of the Constitution of Colombia.
. DEFINITION. For purposes of this law denomínase Solidarity socioeconomic, cultural and environmental system consists of the set of social forces organized in associative forms identified by solidarity, democratic and humanist self-managed practices, non-profit for the integral development of the human being as subject Economy , actor and to the economy.
ARTICLE 3o. PROTECTION, PROMOTION AND STRENGTHENING. Declared of common interest the protection, promotion and strengthening of cooperatives and other associational and collective forms of ownership as an effective system to contribute to economic development, strengthening democracy, equitable distribution of property and income and rationalization of all economic activities in favor of the community and especially the popular classes.
PARAGRAFO. The State shall guarantee the free development of Solidarity Economy Entities through encouragement, promotion, protection and monitoring, without prejudice to their natural autonomy.
FRAMEWORK ARTICLE 4.
. PRINCIPLES OF SOLIDARITY ECONOMY. They are principles of the Solidarity Economy:
1. Being good, work and cooperation mechanisms take precedence over the means of production.
2. Spirit of solidarity, cooperation, participation and mutual aid.
3. democratic, participatory, self-managed and entrepreneurial management.
4. voluntary, responsible and open membership.
5. associative and solidarity of the means of production property.
6. economic participation of partners in justice and equity.
7. Training and information for its members, on a permanent basis, timely and progressive.
8. Autonomy, self-determination and self-government.
9. Community service.
10. Integration with other organizations in the same sector.
11. Promoting ecological culture.
The 5th ARTICLE. PURPOSE OF THE ECONOMY OF SOLIDARITY. The Solidarity Economy main aims:
1. Promote the comprehensive development of human beings.
2. Generate an experiential practices that consolidate current supportive, critical, creative and enterprising as a means to achieve development and peace of the people thought.
3. Contribute to the exercise and development of participatory democracy.
4. Participate in the design and implementation of plans, programs and projects of economic and social development.
5. Guarantee its members participation and access to training, work, property, information, management and equitable sharing of benefits without discrimination.
. FEATURES OF ORGANIZATIONS OF SOLIDARITY ECONOMY. They are subject to this law legal persons organized for activities non-profit, in which workers or users as appropriate, are simultaneously its contributors and managers, created for the purpose of producing, distributing and consuming jointly and efficiently , goods and services to meet the needs of its members and the development of works of service to the community, noting in its operation the following features:
1. It is organized as a company that includes in its corporate purpose, the exercise of socioeconomic activity, aimed at meeting needs of its partners and the development of community service work. Effective Jurisprudence
2. Having established an associative link, based on the principles and purposes specified in this law.
3. Have included in their constitutions or basic rules of operation the absence of profit, driven by solidarity, social or community service.
4. Ensure equal rights and obligations of its members without regard to their contributions.
5. Set in its statutes a minimum amount of social contributions not reducible duly paid, during its existence.
6. integrate socially and economically, without prejudice to their links with other non-profit have finally promote the integral development of human beings.
PARAGRAFO 1o. In any case, the solidarity economy organizations must meet the following economic principles:
1. Irrepartibilidad establish social reserves and, in case of liquidation, the assets remaining.
2. Direct surplus to the provision of social character, the growth of its reserves and funds, and reintegrate their associated part thereof in proportion to the use of services or participation in the work of the company, without prejudice to amortize contributions and keep them in their real value.
PARAGRAFO 2o. Have the character of solidarity organizations including cooperatives, bodies second- and third-degree grouping cooperatives or other associative and forms of property, auxiliary institutions of the solidarity economy, community businesses, health partnerships, pre-cooperatives , employees funds, mutual associations, service companies in the forms of government cooperatives, business associations and all those working in solidarity associative forms that meet the characteristics described in this chapter.
Article 7. SELF-CONTROL OF THE ECONOMY OF SOLIDARITY. Legal persons subject to this Act, shall be subject to social, internal and technical members control by the authorities that the effect is created within the respective operational structure, following the orders prescribed by law and statutes.
PARAGRAFO. To safeguard the principle of self-management, partners, during the election of its officers, seek to establish criteria that take into account the capacity and personal skills, knowledge, ethical integrity and skill of those who exercise representativeness. The Solidarity Economy organizations in their statutes establish stringent requirements for access to the administrative bodies, and monitoring, taking into account the criteria listed above.
. PARTICIPATION OF THE ECONOMY OF SOLIDARITY IN THE TERRITORIAL DEVELOPMENT. Entities Solidarity Economy shall carry out the necessary and convenient to comply with its corporate purpose or extend its activities through systems of vertical and horizontal integration, establishing networks of regional or national inter-cooperation and economic, social and cultural plans set.
PARAGRAFO. Economic, social and cultural such plans may relate, among other activities, exchange or use of services, common procurement, financing of special projects, promotion of services and realization of common works, and everything tends to its further promotion and development.
Article 9. INTEGRATION TO CONSOLIDATE THE CULTURE SOLIDARITY IN THE TERRITORIAL DEVELOPMENT. In the same sense of integration, entities Solidarity Economy must make social and educational and cultural plans, by centralizing resources in second level organizations or specialized auxiliary institutions in solidarity education, to enable compliance with the rules laid down in this law, to help strengthen the culture of solidarity of its members and contribute to the implementation of similar programs established in territorial development plans.
ARTICLE 10. DESIGN, DEBATE, implementation and evaluation TERRITORIAL DEVELOPMENT PLANS. The entities subject to this law may participate in the design, discussion, implementation and evaluation of territorial development plans, especially to introduce programs that benefit and drive directly participation and development of its coherent and harmonious community with them territorial development and growth. In any case, the adoption of spatial plans and specific programs of local authorities, that affect the activity of organizations of solidarity economy, may take into account the views of the sector entities that are directly affected.
SUPPORT OF LOCAL AND REGIONAL AUTHORITIES. Local authorities may support the development programs of the Solidarity Economy, on your radio specific action. Similarly may establish ties to the bodies of second and third degree and ancillary institutions in their territory, seeking to establish common development programs, contribute to the autonomous development programs sector or introducing these plans, programs and territorial development projects.
PARAGRAFO. In any case local authorities may support the specialized agencies in joint education of their territory, in compliance with its corporate purpose. Likewise, they will promote the work in this regard conducted by universities or institutions of higher education.
ARTICLE 12 ORGANIZATIONS OF THE ECONOMY OF SOLIDARITY AND SUSTAINABLE DEVELOPMENT. Legal persons subject to this law work for the sustainable development of communities in their territory, based on policies approved by the competent administrative authorities and regional councils participatory planning.
ARTICLE 13. PROHIBITIONS. At any legal person subject to this Act shall be allowed:
1. Set restrictions or to conduct practices involving social, economic, religious or political discrimination.
2. Establish commercial companies or persons, agreements, combinations or agreements which involve them directly or indirectly, benefits or privileges that laws entitling associations and cooperatives and other forms of property.
3. Advantages or privileges granted to promoters, employees, founders or preferences to any portion of the social contributions.
4. Giving their managers, developing similar functions to their positions, percentages, fees, perks, benefits, privileges or prejudice the achievement of its corporate purpose or affecting the entity.
5. Develop other than those stipulated in its charter activities.
6. Becoming corporation.
OF THE INTEGRATION OF SOLIDARITY ECONOMY
ARTICLE 14 second level organizations. Solidarity Economy organizations may join together to better fulfill their economic, social or cultural in second level organizations of national or regional purposes. Those of an economic nature are specialized in a particular industry or activity. In these bodies they may also involve other institutions of private non-profit that can contribute or benefit from these activities.
PARAGRAFO 1o. The second level organizations of national character required to constitute a minimum of ten (10) entities.
PARAGRAFO 2o. The second level organizations of regional character required to constitute a minimum of five (5) entities.
ARTICLE 15. PARTICIPATION OF INDIVIDUALS. The competent authority may exceptionally, when socio-economic conditions warrant, authorize the participation in the second level organizations of an economic nature as partners, natural persons, entitled to participate up to a third in the governing bodies and monitoring to ensure majority representation of legal persons. Voting rights of associated natural persons established in the statute.
AGENCIES ARTICLE 16. THIRD GRADE. The second level organizations that make up cooperatives and other associational and collective forms of ownership, may create agencies third grade, regional, national or sectoral nature, with the purpose of guiding development processes of movement and unify actions in defense and national representation or international. A third-degree body can only be constituted with no fewer than twelve (12) entities.
PARAGRAFO. Existing agencies third grade, from the effective date of this law must adapt their statutes to the statements of this Article, indicating precisely their range economic sectors or partnership or joint forms they represent.
ARTICLE 17. AGREEMENTS
INTERCOOPERATION. Solidarity Economy organizations may also agree performing one or more operations together, establishing which of them should take over the management and liability.
PARAGRAFO. Under no circumstances may enter into agreements to perform operations that do not expressly authorized.
Article 18. Application of Standards. A agencies second and third grade will be applicable as appropriate, the legal rules under this law.
ARTICLE 19 OF ECONOMIC INTEGRATION. Solidarity Economy entities may be, sectorally or together, cooperative organizations financial, regional or national nature, under the provisions of this law and existing on the subject.
AGENCIES TO SUPPORT ECONOMY SOLIDARITY CHAPTER I.
NATIONAL COUNCIL OF THE ECONOMY OF SOLIDARITY, CONES
ARTICLE 20. RESTRUCTURING OF THE NATIONAL COUNCIL OF SOLIDARITY ECONOMY. Restructured the National Council of Solidarity Economy -Cones- as the body that formulates and coordinates the national level, policies, strategies, plans, programs and projects relevant to the system of the Solidarity Economy.
The Cones may form regional and local chapters with similar functions at the national, at its regional level.
ARTICLE 21. SHAPING THE NATIONAL COUNCIL OF ECONOMY OF SOLIDARITY-CONES. The National Council of Solidarity Economy -Cones- will consist of one representative of each of the system components, democratically elected by the respective sector through its integration bodies, in accordance with the statutory rules of Cones thus:
1. A representative of each of the agencies third grade and in the case of nonexistence of third-degree organ of second level organizations that bring together cooperatives, auxiliary institutions of the Solidarity Economy and other associative forms of property.
2. A representative of the regional chapters elected by the chapters to be created in accordance with the regulations issued by the Cones.
3. The Director of the National Administrative Department of Economic Solidarity, who will attend as a guest with voice but no vote.
ARTICLE 22. FUNCTIONS OF THE NATIONAL COUNCIL OF ECONOMY OF SOLIDARITY-CONES.
1. Promote and disseminate the principles, values and goals of the Solidarity Economy.
2. Formulate, coordinate, promote the implementation and evaluation of national policies, strategies, plans, programs and within the system of economic solidarity projects.
3. Integrate system components Solidarity Economy.
4. Approve their own statutes and regulations.
5. Appoint the Executive Secretary and other senior positions in accordance with their statutes.
6. Participate in consultation bodies of national development.
7. Being advisory body to the Government in formulating policies on Solidarity Economy.
8. Appoint specialized technical commissions necessary.
9. Charting policies of solidarity education.
10. Other than the law, the statutes and regulations assigned.
FUND FOR DEVELOPMENT OF ECONOMY OF SOLIDARITY
FUND ARTICLE 23. PROMOTION OF SOLIDARITY ECONOMY-FONES. Create the Fund for the Promotion of Solidarity Economy -Fones- with legal personality, its own assets and caring nature linked to the National Solidarity Economy Department and under the control, inspection and surveillance of the Superintendency of Solidarity Economy.
PARAGRAFO. The national government in exercising its regulatory powers determine the organization and functioning of the Fones.
AFFILIATE MEMBERS TO FONES. Fones be members of the Solidarity Economy entities subscribing contributions as determined by the regulations.
PARAGRAFO. Fones the membership will be voluntary and will have access to credits only affiliated entities.
ARTICLE 25. FUNCTIONS
FONES. The functions of the Fones.
1. Grant loans for development projects Solidarity Economy entities registered.
2. Manage resources at their disposal.
3. Promote solidarity organizations production and associated work.
4. Granting credits to strengthen solidarity organizations smaller Solidarity Economy.
ARTICLE 26. THE HERITAGE OF FONES. Capital Development Fund Solidarity Economy. Fones, shall be set up: private contributions of its members, the solidarity sector and appropriations assigned to it in the national budget as determined by the Government which will have special powers in order to comply with the Constitution in their articles 58, 333 and concordant.
PARAGRAFO. The Solidarity Economy organizations may allocate part of the funds for education and solidarity as contributions or contributions to Fones.
ARTICLE 27. BOARD OF FONES. The Board shall consist Fones as follows: Effective Jurisprudence
1. Three representatives of the National Government to be the Director of the Administrative Department of Economic Solidarity who will preside, the Minister of Finance or his delegate, and the Minister of Economic Development or his delegate.
2. A representative of the National Council of Solidarity Economy -Cones.
3. A representative of the entities of the Solidarity Economy contributors to Fones.
PARAGRAFO. The Technical Secretariat will be headed by the Director of Fones who will attend with voice but no vote.
ARTICLE 28. FUNCTIONS OF THE DIRECTIVE BOARD FONES. The functions of the Board in addition to those determined in the statutes, the following:
1. To establish the general policies Fones, in accordance with the policies outlined by the National Council of Solidarity Economy, Cones.
2. Regulate the lending and promoting its members and define the class of eligible collateral.
TITLE III. STATE INSTITUTIONS
PROMOTION, PROMOTION, DEVELOPMENT AND SUPERVISION CHAPTER I.
RESTRUCTURING OF ADMINISTRATIVE DEPARTMENT NATIONAL COOPERATIVE
TRANSFORMATION. From the effective date of this law, transformed the National Administrative Department of Cooperatives, which National Administrative Department of Economic Solidarity, which can also be identified with the acronym Dansocial be called.
ARTICLE 30. OBJECTIVES AND FUNCTIONS. The National Administrative Department of Economic Solidarity will aim: to direct and coordinate state policy for promotion, planning, protection, strengthening and business development organizations Solidarity Economy, determined in this law, and to comply with the provisions of the Constitution of Colombia. To meet its objectives the National Administrative Department of Economic Solidarity shall have the following general features:
1. Formulate the policy of the National Government on the Solidarity Economy organizations within the constitutional framework.
2. Develop plans, programs and development projects, development and protection of the State with respect to the Solidarity Economy organizations and put them for consideration by the National Department of Planning.
3. Coordinate policies, plans and state programs for the development of the solidarity economy, among the various state entities of national, departmental, district and municipal levels, as well as against the specific functions such public institutions perform for the benefit of entities Solidarity and Economy fulfill its functions.
4. Ensure coordination and complementarity of policies, plans, programs and state functions related to the promotion, encouragement and development of the Solidarity Economy, with respect to similar matters that have established institutions integration and promotion of the sector, or that overtake other national or international private institutions interested in it.
5. Coordinate inter-sectoral, interregional and inter-institutional networks for promotion, training, research, promotion, protection, reinforcement and encouragement of entrepreneurial, scientific and technological development of the Solidarity Economy.
6. Further studies, research and statistics to bring the knowledge of the reality of Solidarity Economy organizations and their environment, to better fulfill its objectives.
7. Promote the creation and development of various types of entities Solidarity Economy, for which it may provide advice and technical assistance both to communities interested in organizing such entities as the same.
8. Promote and support the action of integration organizations and institutions promoting solidarity economy, with which you can agree on the implementation of the programs.
9. Disseminate the principles, values and doctrine by which the Solidarity Economy organizations are guided and promote partnership for education, as well as the related socio-business management for these entities.
10. Identify, coordinate and promote resources to inter and across sectors.
11. Organize induction processes and education in the practice of Solidarity Economy and issue certificates of accreditation on education in theory and practice of Solidarity Economy. Effective Jurisprudence
ARTICLE 31. ASSUMPTION OF OBLIGATIONS AND TRANSITION FUNCTIONS. The National Administrative Department of Economic Solidarity, assume the obligations of the National Administrative Department of Cooperatives, provided they correspond to their own functions.
It also will serve as the control, inspection and surveillance, until the new Superintendency of Solidarity Economy, agency immediately organize the take.
ARTICLE 32. STRUCTURE. To develop and perform its functions, the National Administrative Department of Economic Solidarity shall have the following structure:
1. Director's office.
A) Legal Office;
B) Internal Control Office;
C) Office of Communications and Outreach;
D) Systems and Statistics Office.
2. Office of the Assistant Director.
A) Unit of education and training;
B) Unit of socio-economic research;
C) Planning and Evaluation Unit;
D) Promotion and Development Unit.
3. General Secretary.
A) Human Resources Unit;
B) Administrative and Financial Unit.
The Government, in response to the constitutional principles of the civil service and in compliance with the objectives and purposes of the National Administrative Department of Economic Solidarity, will develop the new structure and assign the functions of the various departments and can reorder provided in this article or create new ones. The exercise of these powers will be developed in such a way that under decentralization policies, strengthen and expand the work of development and promotion, throughout the national territory.
SUPERINTENDENT OF SOLIDARITY ECONOMY
ARTICLE 33. CREATION AND LEGAL NATURE. Create the Superintendency of Solidarity Economy as a technical agency attached to the Ministry of Finance and Public Credit, with legal, administrative and financial autonomy. Editor's Notes
ARTICLE 34. ENTITIES SUBJECT TO THEIR ACTION. The President of the Republic shall exercise through the Superintendency of Solidarity Economy inspection, surveillance and control of cooperatives and organizations of the Solidarity Economy determined by a general act, which are not subject to specialized state supervision. In the case of unions and multi active or integral with section credit and savings credit, the functions will be assumed by the Superintendency, through the establishment of a specialized financial supervision Delegatura, which will receive technological assistance, technical assistance and training human resource of the Banking Superintendency.
For the effective exercise of their functions, as well as the objectives of monitoring, control and surveillance assigned by the Constitution and laws, the Superintendent of the Solidarity Economy will have the powers provided for Banking Superintendent, as applicable to entities subject to its oversight. Consequently, the regime of takeover provisions of the Organic Statute of the Financial System entities subject to inspection, control and surveillance of the Superintendency of Solidarity Economy that would result from compliance relevant to regulation applies for that purpose issued by the Government. Effective Notes
ARTICLE 35. OBJECTIVES AND PURPOSES. The Superintendency of Solidarity Economy, in its capacity as technical supervisory authority develop its management with the following objectives and general purposes:
1. To control, inspection and surveillance entities blanket action to ensure compliance with laws and regulations and the rules contained in its own statutes.
2. Protect the interests of partner organizations Solidarity Economy, third and the community in general.
3. Ensure the preservation of the legal nature of the entities under their supervision, in order to assert their values, principles and essential characteristics.
4. Monitor the correct application of the resources of these entities as well as the correct use of the regulatory advantages granted to them.
5. Monitor compliance with the non-profit socio-economic purpose that will guide the organization and operation of the supervised entities. Editor's Notes
ARTICLE 36. FUNCTIONS OF THE SUPERINTENDENT OF SOLIDARITY ECONOMY. The powers of the Superintendency of Solidarity Economy for the achievement of its objectives:
1. Verify compliance with the provisions for financial statements issued by the National Government. Effective Jurisprudence
2. Establish the regime of socioeconomic reports regular or occasional entities under its supervision should introduce and apply to them, their administrators, legal representatives or statutory auditors, where necessary, any information of a legal nature, administrative, accounting or financial on the development of its activities.
3. Set accounting rules should be subject to the entities under its supervision, subject to compliance with the laws governing the matter. Effective Jurisprudence
4. Perform, ex officio or at the request of an interested party, inspection visits to the entities under supervision, examine the records, determine their socioeconomic status and order measures that may be required to remedy the deficiencies noted in their development are taken. Visit reports will be transferred to the supervised entities. As necessary to verify facts or documents relating to the operation of the supervised institutions situations, visits may be extended to persons unsupervised.
5. Examine under oath any person whose testimony is required to clarify facts related to the administration, oversight or generally with the functioning of the institutions under its supervision. In developing this award may require the attendance of the person sought, making use of the coercive measures for these purposes enshrined in the Code of Civil Procedure.
6. Personal impose administrative sanctions. Without prejudice to civil liability that may apply when any director, manager, auditor, attorney or other officer or employee of an entity subject to the supervision of the Superintendent of the Solidarity Economy authorize or execute acts in violation of the statute of the organization, of any law or regulation, or any rule of law for the establishment must be secured, the Superintendent of the Solidarity Economy may sanction, for a time, with a fine of up to two hundred (200) minimum wage to the National Treasury. The Superintendent of the Solidarity Economy may also require the immediate removal of the offender and communicate this determination to all supervised entities. Effective Jurisprudence
The fines provided for in this article may be successive long as there is breach of the rule and apply without prejudice to the provisions of paragraphs 1st, 2nd and 3rd of Article 208 of the Organic Statute of the Financial System.
7. Institutional impose administrative sanctions. When the Superintendent of the Solidarity Economy, after requesting explanations from administrators or legal representatives of any institution under its supervision, is satisfied that they have violated a rule of its statute or regulation, or any other legal it should be subjected, imposed the establishment by becoming a fine to the National Treasury of up to two hundred (200) minimum wages, graduándola in his view, depending on the seriousness of the offense or pecuniary benefit obtained, or as both. Effective Jurisprudence
The fines provided for in this paragraph may be successive long as there is breach of the rule and apply without prejudice to the provisions of paragraphs 1st, 2nd and 3rd of Article 208 of this statute.
8. Order the removal of officers, directors, supervisory board members, legal representatives, auditor and officers or employees of solidarity organizations under its supervision when irregularities occur so warrant.
9. Decreeing the dissolution of any of its controlled entities, on the grounds provided by law and the statutes.
10. Perform acts of registration and registration provided for in Article 63 of this law.
11. Order the cancellation of registration in the register of the instrument creating an entity under its control, inspection and surveillance or registration has been made of the appointment of their administrative, monitoring, legal representatives and statutory auditors, in if warn that the information submitted for registration does not comply with legal or statutory rules. The cancellation of the registration document constitution entails the loss of legal personality, and it is always the fault shall not be remedied, or when remain so given the reasonable period has elapsed for correction.
12. Sort amendments to the statutory reforms adopted by the entities under its control, inspection and surveillance, when they depart from the law.
13. Have the necessary action for the timely payment of contributions by entities under its control, inspection and surveillance.
14. To process claims or complaints brought against supervised entities, by those who can show a legitimate interest in order to establish appropriate administrative responsibilities and order measures that are appropriate.
15. Answer inquiries are formulated in matters within its competence.
16. Develop actions that facilitate the entities under its supervision knowledge about their legal status.
17. Advise the Government in relation to matters relating to the exercise of their functions.
18. Set the amount of Bones that supervised institutions must pay to the Superintendency to meet its operating expenses in proportional percentages.
19. internally define the level of monitoring to be applied to each entity and inform it as soon as it is relevant, and
20. Own initiative or at the request of party meetings General Assembly in the following cases:
a) When not have been complied with procedures in Article 30 of Law 79 of 1988 refers to;
B) When have committed serious irregularities in the administration that must be known or corrected by the highest corporate body.
21. Authorize the merger, transformation, integration and excision of the Solidarity Economy entities under its supervision, without prejudice to the powers of authorization or approval regarding these operations appropriate exercise other authorities attending the special rules.
22. Instruct the supervised institutions on how the provisions governing their activity must be met, setting the technical and legal criteria that facilitate compliance with such standards and outline the procedures for its full implementation.
23. Exercise the functions of inspection, monitoring and control in relation to cooperatives thrifts and credit and multi active or integral with section savings and loan on the same terms, with the same powers and following the same procedures developed by the Banking Superintendency with regarding credit institutions, including within them, the powers related institutes and rescue takeover to manage or liquidate. "
24. in any case, such procedures shall be established based on methodologies adapted to nature cooperative.
25. the other duties assigned by law.
PARAGRAFO 1o. the Government may determine levels of supervision for the exercise of the functions provided herein.
PARAGRAFO 2o. in developing their powers inspection, monitoring and control, the Superintendency of Solidarity Economy may partially supported, for obtaining technical collaboration, integration organizations Solidarity Economy entities in auxiliary institutions of the Solidarity Economy or specialized firms. Editor's Notes
ARTICLE 37. INCOME. . The new text is as follows:> The resources needed to cover operating costs and investment required by the Superintendency of Solidarity Economy will come from the following concepts:
1. Contribution rate. Corresponds to contributions paid by the supervised entities are required by the Superintendent of the Solidarity Economy.
For these purposes, the Superintendent of the Solidarity Economy shall, 1o. February and the 1st. August each year, or before, require institutions mentioned the payment of the contribution. The management and administration of these resources will be provided by the Superintendency of Solidarity Economy.
The amount of the tax imposed on supervised institutions must keep fair proportion to their respective assets.
2. Other income.
A) The resources to be transferred from the General Budget of the Nation;
B) The resources obtained from the sale of its publications in the bidding or competitive basis, as well as photocopies, certificates or records;
C) Contributions, grants or donations received for the fulfillment of its purposes;
D) The fees charged for the leasing of its assets;
E) Proceeds from the services provided by the entity;
F) Revenue from the sale or lease of information systems and software designed and developed by the entity;
G) Interest, income and other benefits received by the management of their own resources;
H) Other income that will be recognized by law. Effective Notes
ARTICLE 38. CRITERIA FOR FIXING. The Superintendent of the Solidarity Economy shall determine and distribute the contributions by entities subject to inspection, control and surveillance, taking into account the following criteria:
1. The total cost of the contribution will be distributed among different groups of companies according to their economic activity and level of supervision so that the contribution is paid in proportion to the expense that entails the State exercising control, inspection and surveillance of each group entities.
2. The cost contribution for each entity will be up to two (2) per thousand (1,000) of their total assets, according to the financial statements at cutting the immediately preceding year.
3. When an organization of solidarity economy does not timely provide the balance sheets cut to December of the previous year or not settle the respective contribution 31, the Superintendency settled by applying the contribution of the previous period a corresponding increase in the average rate of growth of assets totals sector entities with an additional set of five percent (5%).
4. When the entity has not been subject to inspection, surveillance and control throughout the period considered to establish the contribution it will be settled in proportion to the time during which monitoring has been performed.
PARAGRAFO. When organizations of solidarity economy present a total of less than one hundred million pesos ($ 100 million) assets, the Superintendency of Solidarity Economy will refrain from charging, respective. The absolute value indicated will be adjusted annually and cumulatively since 1999, by applying the change in the consumer price index, weighted total, to calculate the DANE.
RULES FOR FINANCIAL ACTIVITY CHAPTER I.
CONDITIONS FOR THE EXERCISE OF FINANCIAL ACTIVITY