Machine Translation of "For Which Provisions Are Established To Promote The Development Of Micro, Small And Medium Enterprises" (Colombia)

c) Driving the establishment of better institutional environment conditions for the creation and operation of micro, small and medium-sized enterprises;

d) Promote a more favorable allocation of factors for micro, small and medium-sized enterprises, facilitating access to markets for goods and services, both for the purchase of raw materials, inputs, capital goods and equipment, and for the carrying out its products and services at national and international level, training of human capital, assistance for technological development and access to institutional financial markets;

e) 276 of Act 1450 of 2011 >

f) Point out criteria that guide the action of the State and strengthen coordination among its agencies; as well as between these and the private sector, in the promotion of the development of micro, small and medium-sized enterprises;

g) To contribute to the development of business organizations, in the generation of business partnership schemes and in strategic alliances between public and private entities in support of micro, small and medium-sized enterprises;

h) Support micro, small and medium-sized producers based in areas of peasant economy, stimulating the creation and strengthening of rural SMEs,

i) Ensuring the effectiveness of the right to free and fair competition for MSMEs;

j) Create the foundations of a system of incentives for the capitalization of micro, small and medium enterprises.

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ARTICLE 2o. DEFINITIONS. 43 of Law 1450 of 2011. See paragraph 2o. the new text is as follows: > For all purposes, it is understood by company, every unit of economic exploitation, carried out by natural or legal person, in agricultural, industrial, commercial or services, in rural or urban areas. For classification by business size, entiendase micro, small, medium and large enterprise, one or more of the following criteria can be used:

1. Number of total workers.

2. Annual gross sales value.

3. Total active value.

For the purposes of the benefits granted by the national government to micro, small and medium-sized enterprises, the determining criterion will be the annual gross sales value.

PARAGRAFO 1o. The National Government will regulate the ranges they will apply for the three criteria and will include sectoral specificities in the cases it deems necessary.

PARAGRAFO 2o. The definitions contained in Article 2or Law 590 of 2000 will continue in force until the regulatory standards that the National Government proposes to govern. in the development of the provisions of this Article.

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Concordant Case-law

CHAPTER II.

INSTITUTIONAL FRAMEWORK

ARTICLE 3o. OF THE UPPER COUNCIL OF SMALL AND MEDIUM-SIZED ENTERPRISES. 3 of Law 905 of 2004. The new text is as follows: > Create the National System of MSMEs, made up of the top councils of small and medium-sized enterprises, the upper council of micro-enterprise and the regional councils.

The National System of Support for Small and Medium-sized Enterprises will be integrated by the Ministry of Commerce, Industry and Tourism, Ministry of Social Protection, Ministry of Agriculture, National Department of Planning, Sena, Colciencias, Bancoldex, Fondo National of Guarantees and Finagro, which will coordinate the activities and programs developed by the MSMEs.

This System will be coordinated by the Ministry of Trade and Tourism's Deputy Minister of Business Development.

The Superior Council of Small and Medium-sized Enterprises, attached to the Ministry of Trade and Industry, or who does its own times, will be composed of:

1. The Minister of Trade, Industry and Tourism or the Deputy Minister or his delegate shall preside.

2. The Minister of Agriculture and Rural Development or in his absence the corresponding Deputy Minister or his delegate.

3. The Minister of the Ministry of Social Protection or his delegate.

4. The Director General of the Sena or its delegate.

5. The Minister of Environment, Housing and Territorial Development or in his absence the corresponding Deputy Minister or his delegate.

6. The Director of the National Planning Department or the Deputy Director or his/her delegate.

7. Three (3) representatives of the Institutions of Higher Education, Universities (ASCUN), Technology Institutions (ACIET) and Technical Institutions, appointed by the Minister of Commerce, Industry and Tourism.

8. The National President of the Colombian Association of Medium and Small Enterprises, ACOPI.

9. National President of the Federation of Traders, Fenalco.

10. The President of the Colombian Confederation of Chambers of Commerce, Confecamaras.

11. A representative of non-governmental organisations engaged in the research and technological development of small and medium-sized enterprises, appointed by the Minister for Trade, Industry and Tourism.

12. A representative of the Regional Councils of Small and Medium-sized Enterprises, appointed by the Minister of Commerce, Industry and Tourism or who does his or her times, who will regulate such a choice, in any case must be rotating.

13. A representative of the mayors of those municipalities in which a plan of integral development of small and medium-sized enterprises, designated by the Colombian Federation of Municipalities, is in operation.

14. A representative of the governors of those departments in which a comprehensive development plan for small and medium-sized enterprises, designated by the National Conference of Governors, is in operation.

15. A representative of the banks that have credit programs to SMEs who will be appointed by the Ministry of Commerce, Industry and Tourism.

16. Two (2) representatives of employers ' associations.

17. President of Bancoldex or his delegate.

18. President of the National Guarantee Fund or its delegate.

19. Director of Colciencias or his delegate.

PARAGRAFO 1o. Create the Small and Medium Enterprise Regional Council, which will be shaped like this:

1. The Governor of the department or his delegate.

2. A representative of the Regional Autonomous Corporation.

3. The Director of Departmental Planning.

4. The Regional Director of the National Learning Service, SENA.

5. A representative of the Colombian Small and Medium Enterprise Association, ACOPI.

6. A representative of the Federation of Traders, Fenalco.

7. A representative of the Chamber of Commerce. In the case of two or more chambers of commerce in the same region, the representative shall be chosen from each other.

8. A representative of the municipal mayors of each department, who will be chosen among themselves.

9. A representative of the Region's SME Associations.

10. Two (2) SME entrepreneurs in the region designated by the Governor and others deemed relevant by the Governor.

11. Two (2) representatives of the Microbusiness Associations.

PARAGRAFO 2o. The National Government through the Ministry of Commerce, Industry and Tourism or who does its own times, will regulate, within the ninety (90) days following the sanction of this law, the functions of the MiSME Council in such a way that it is in harmony with the functions set out in the Law 590 of 2000 to the High Councils and in particular taking into account the following parameters:

1. It should encourage market research and sectoral and regional export plans.

2. Promote the creation of financing systems and access to capital.

3. The technological and knowledge management of SMEs.

4. Encourage the monitoring and advice of SMEs.

5. Establish entrepreneurial programs and regional entrepreneurship.

6. Encourage the development of business programs and resources.

7. You can recommend projects submitted to the Fomipyme, Colciencias and SENA.

8. Encourage the shaping of MSMEs.

PARAGRAFO 3o. The Permanent Technical Secretariat of the Superior Council will be in charge of the Directorate of MSMEs or who will do its times of the Ministry of Commerce, Industry and Tourism or who will do its times, whose functions general are:

1. Those assigned by the Senior Councils of Small and Medium Enterprises and Microenterprise.

2. Send a detailed report, quarterly, to the Small and Medium Business and Micro Enterprise Councils.

3. Continuous and ongoing monitoring of actions and programmes carried out in each national region.

4. Establish permanent mechanisms and programs that bring the informal economy closer to the formalization so that they have access to all factors of production.

5. To articulate at national level, in conjunction with the Regional Technical Secretariats, everything related to incentives to business activity.

6. To promote the development of development plans for Micro, Small and Medium Enterprises.

7. Establish programs and promote marketing strategies in the domestic and international market for products and services.

8. Advise and accompany the Superior Council.

9. Support the development of diagnosis and study on MSMEs in their cultural, social, business, environmental and economic aspects, in coordination with regional technical secretariats.

10. Request and coordinate periodic bimonthly reports to the Regional Technical Secretariats related to their activities and efforts.

11. To take the regional register of the MSMEs, information is to be delivered monthly by each of the Regional Technical Secretariats. Similarly, it will have the obligation to supply this information periodically to the National Department of Statistics, DANE.

PARAGRAFO 4o. Create the Regional Technical Secretariats of MSMEs, whose designation will be in charge of each Regional Council, exalting in such a position one of its members, who will serve as coordinator executive, without any remuneration or economic consideration, and its functions are:

(a) Those assigned by the Small, Medium and Micro-Enterprise Councils National and Regional Councils;

b) Send a bimonthly detailed report to the Permanent Technical Secretariat at the Ministry of Commerce, Industry and Tourism or who will do their time in close proximity to the actions taken in each region;

c) Keep constant and ongoing monitoring of actions and programs in the respective region;

d) Establish mechanisms that bring the informal and underground economy closer to formalization so that they have access to all factors of production;

e) Articulate between national and regional level everything related to incentives to business activity;

f) Promote the participation of Mayors in the Regional Council;

g) Driving development plans for Micro, Small and Medium Enterprises in the region.

h) Establish and promote marketing strategies in the national and international market for regional products and services, in coordination with the competent agencies and with the Permanent Technical Secretariat of the Superior Council;

i) Advising and accompanying the Regional Council;

j) Support the development of diagnosis and study on SMEs in their cultural, social, business, environmental and economic aspects;

k) Register regional MSMEs and send such registration to the Permanent Technical Secretariat for their national registration.

PARAGRAFO 5o. When the Superior or Regional Council considers it appropriate, it may invite representatives of other state agencies or individuals to its meetings.

ARTICLE 4. FUNCTIONS OF THE UPPER COUNCIL OF SMALL AND MEDIUM-SIZED ENTERPRISES. 4 of Law 905 of 2004. The new text is as follows: > The Small and Medium Business Council, will have the following functions:

a) Contribute to the definition, formulation and implementation of general, cross-cutting, sectoral and regional public policies for the business promotion of small and medium-sized enterprises, SMEs;

b) Analyze the economic, political and social environment; its impact on SMEs and on the ability of SMEs to boost competition in the markets for goods and services;

c) Contribute to the definition, formulation and implementation of programs for the promotion of SMEs, with an emphasis on access to the markets for goods and services, human capital formation, modernization and technological development, and access to institutional financial markets;

d) Contribute to the coordination of the different programs of promotion of SMEs that are carried out within the framework of development plans and government policies;

e) Propose policies and mechanisms for strengthening competition in markets;

f) Propose by the periodic evaluation of public policies and programs to promote SMEs, by means of impact indicators and propose the necessary corrective measures;

g) To seek active cooperation between the public and private sectors in the implementation of the programmes for the promotion of small and medium-sized enterprises;

h) To stimulate the development of business organizations, associativity and strategic alliances between public and private entities supporting this sector;

i) Adopt your internal statutes;

j) Promote consultation with mayors and governors of comprehensive plans to support small and medium-sized enterprises;

k) Perform regular quarterly meetings;

l) Reporting quarterly reports on the actions and results achieved;

m) Other compatible with their nature, established by law or by decree issued by the National Government in the exercise of the permanent powers enshrined in the article 16 href="policy_constitution_1991_pr006.html#189"> 189 of the Political Constitution, oriented to the promotion of small and medium-sized enterprises in Colombia;

n) Present annual report of management and results to the Third and Fourth Senate Committees of the Republic and the House of Representatives;

o) Establish and promote national and international marketing strategies for products and services.

ARTICLE 5o. OF THE TOP COUNCIL OF MICROCOMPANY. 5 of Law 905 of 2004. The new text is as follows: > The Superior Council of Microenterprise, attached to the Ministry of Commerce, Industry and Tourism, will be integrated by:

1. The Minister of Commerce, Industry and Tourism or the Deputy Minister or his delegate, who will preside over it.

2. The Minister of Agriculture and Rural Development or in his absence, the Deputy Minister or his delegate.

3. The Minister of Social Protection or his delegate.

4. The Minister of Environment, Housing and Territorial Development or in his absence, the Deputy Minister or his delegate.

5. The Director of the National Planning Department or his/her defect, the Deputy Director or his/her delegate.

6. A representative of the universities, appointed by the Minister of Commerce, Industry and Tourism.

7. Two (2) representatives of the Microentrepreneurs.

8. Two (2) representatives of non-governmental organisations supporting micro-enterprises, appointed by the Minister for Trade, Industry and Tourism.

9. A representative of the Regional Councils for micro, small and medium enterprises, appointed by the same councils.

10. A representative of the mayors of those municipalities in which a plan of development of small, medium and micro enterprises, chosen by the Colombian Federation of Municipalities, is in operation.

11. A representative of the governors of those departments in which a comprehensive development plan for micro-enterprises is in operation.

12. A member of the Colombian Banking Association, appointed by the latter, of the financial institutions specialized in the management of microcredit.

13. The National Director of the Sena or its delegate.

PARAGRAFO 1o. The Permanent Technical Secretariat of the Superior Council of Microenterprises will be in charge of the Directorate of MSMEs of the Ministry of Commerce, Industry and Tourism or who will do their times.

PARAGRAFO 2. The Superior Council of Microenterprises, may invite representatives of other state or particular agencies directly linked to medium, small and micro-enterprises to their meetings.

ARTICLE 6o. FUNCTIONS OF THE MICRO-ENTERPRISE COUNCIL. The Board of Governors of Microenterprise will have the following functions:

1. Contribute to the definition and formulation of general policies for the promotion of micro-enterprise.

2. To support the articulation of the various programmes to promote micro-enterprise, which will be implemented within the general framework of government policy.

3. To seek the establishment of meters or indicators of impact of the programmes of promotion to the micro-enterprise.

4. Contribute to the definition and formulation of policies for technological development, technology transfer and improvement of the competitiveness of micro-enterprises.

5. Collaborate in the periodic evaluation of the programs to promote microenterprise and propose corrective actions.

6. To advise the Ministry of Economic Development on the structuring of the programs to promote microenterprise.

7. To promote, in coordination with the Small and Medium-sized Enterprise Council, the formation and operation of Regional Councils of Micro, Small and Medium Enterprises, as well as the formulation of regional development policies for such companies.

8. To promote the formation and operation of departmental Councils for Productive Development, as well as the formulation of departmental policies for the development of micro-enterprises, in favour of competitiveness and stimulating value chains sub-regional and sectoral levels within the framework of the National Development Plan.

9. To encourage the formation of municipal committees for the promotion of micro-enterprises and for the promotion of projects and business investments.

10. To ensure the active cooperation between the public and private sectors in the implementation of the programmes for the promotion of micro-enterprises.

11. Adopt its internal statutes.

12. To promote consultation with mayors and governors, with comprehensive plans to support microenterprise.

13. The other compatible with their nature, established by law or by decree issued by the National Government in exercise of the permanent powers enshrined in the article 16 of the article 189 of the Political Constitution, oriented to the promotion of micro-enterprises in Colombia.

ARTICLE 7o. ATTENTION TO SMALL AND MEDIUM-SIZED ENTERPRISES BY STATE ENTITIES. 6 of Law 905 of 2004. The new text is as follows: > Without prejudice to the direction and design of the policies directed at the MSMEs in charge of the Ministry of Commerce, Industry and Tourism, the member state entities of the Small and Medium Higher Councils company, Regional Councils, Permanent Technical Secretariat and Regional Technical Secretariats, whose institutional object is not specifically the attention to the MSMEs, the National Guarantee Fund, the SENA, Colciencias, Bancoldex, Proexport, Finagro, Agricultural Guarantee Fund, Agricultural Bank, Promoter Companies and Financial corporations and other entities linked to the sector, will establish specialized agencies in the care of these types of companies and will assign responsibilities to guarantee the materiality of the actions to be undertaken conformity with the provisions of this law, in the field of their respective competences.

PARAGRAFO. Competera exclusively to the Ministry of Commerce, Industry and Tourism or who does its times the General Coordination of the specialized activity towards the MSMEs that develop the entities that treats this Article.

PARAGRAFO 2o. 220 of Act 1753 of 2015. The new text is as follows: > Cooperative enterprises and the solidarity economy, which are classified as MSMEs in accordance with Article 2or this law, will be treated on an equal footing. part of the state entities.

ARTICLE 8o. REPORTS ON ACTIONS AND PROGRAMS. 7 of Law 905 of 2004. The new text is as follows: > State entities belonging to the Higher Councils of Small and Medium-sized Enterprises, and Microenterprise, as well as the National Guarantee Fund, the SENA, Colciencias, Bancoldex, Proexport, Finagro, Agricultural Guarantee Fund, Agricultural Bank, Promoter Companies and Financial Corporations and other entities linked to the sector, will report semestrally to the Technical Secretariat of the Councils on the nature of the actions and programs that (a) to bring forward with regard to SMEs, the amount of resources to be applied to the implementation of these measures; actions, programs, and results thereof.

ARTICLE 9o. STUDY OF POLICIES AND PROGRAMMES AIMED AT MSMEs IN THE COURSE OF DRAFTING THE NATIONAL DEVELOPMENT PLAN. 8 of Law 905 of 2004. The new text is as follows: > The National Planning Department, in coordination with the Ministry of Commerce, Industry and Tourism, will study in the course of the elaboration of the National Development Plan project, the inclusion of policies and programmes for the promotion of micro, small and medium-sized enterprises.

The Ministry of Commerce, Industry and Tourism will develop an annual action plan that includes the programs, plans and actions to be developed by the National Mission Support System.

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ARTICLE 10. National Council for Economic and Social Policy, Conpes, will recommend policies towards micro, small and medium-sized enterprises to be implemented by the National Government, in accordance with the to be established in the respective National Development Plan.

ARTICLE 11. SINGLE RECORD OF MSMEs. For the purpose of reducing the formalities before the State, the business register and the single registration of proponents will be integrated into the Single Business Register, in charge of the Chambers of Commerce, which will have general validity for all formalities, procedures and obligations, without prejudice to the provisions of the special provisions on tax, tariff and health matters.

Taking into account the criteria of effectiveness, economy, good faith, simplification and facilitation of business activity, the Superintendence of Industry and Commerce, will regulate the organization and operation of the Single Business Registry, ensuring that, specifically, the procedures, requirements, and information in charge of micro, small and medium-sized enterprises will be reduced, and all efforts can be further advanced by the Internet and other electronic forms.

PARAGRAFO. The regulation that the Superintendency of Industry and Commerce performs must, in any case, be in harmony with the statutory provisions and those contained in codes, in respect of the records of This Article shall be addressed.

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CHAPTER III.

ACCESS TO GOODS AND SERVICES MARKETS

ARTICLE 12. THE PARTICIPATION OF SMALL AND MEDIUM-SIZED ENTERPRISES IN THE MARKETS FOR GOODS AND SERVICES THAT CREATES THE FUNCTIONING OF THE STATE. 9 of Law 905 of 2004. The new text is as follows: > In order to promote the concurrency of the micro, small and medium enterprises to the markets of goods and services that creates the functioning of the State, the entities indicated in the article 2or Act 80 of 1993 or the law modifying it, in consultation with the provisions of that law and in international conventions and agreements:

1. They shall develop programmes for the implementation of the rules on administrative procurement and the concordant of science and technology, in the interests of national offers, technological breakdown and national component in the acquisition public goods and services.

2. Promote and increase, in accordance with their respective budget, the participation of micro, small and medium-sized enterprises as suppliers of the goods and services that they demand.

3. They shall establish, in compliance with the provisions of Article 11 of this Law, administrative procedures to facilitate micro, small and medium-sized enterprises, the completion of requirements and formalities concerning orders, receipt of goods or services, conditions of payment and access to information, by appropriate means, on their investment and expenditure programmes.

4. Public entities in the national, departmental and municipal order will prefer in terms of the same price, quality and capacity of supplies and service to national MSMEs.

PARAGRAFO. Failure to perform the duties of this article by public servants shall constitute a cause of misconduct.

ARTICLE 13. GUIDANCE, MONITORING AND EVALUATION. 10 of Law 905 of 2004. The new text is as follows: > The Ministry of Commerce, Industry and Tourism, or who does its times, with the support of subcontracting networks, will guide, follow up and evaluate compliance with the provisions of the article 12 of this law, will make recommendations on the subject and will transfer to the competent authorities when the non-compliance with the provisions of that article is evidenced.

ARTICLE 14. PROMOTION. 11 of Law 905 of 2004. The new text is as follows: > Public entities of the competent national and regional order, departments, municipalities and districts will promote in coordination, the organization of local and national fairs, the formation of centers of permanent exhibition and information, and other similar activities to energize markets for the benefit of SMEs.

PARAGRAFO. The Ministry of Commerce, Industry and Tourism, or who does their time, will issue and promote a policy on trade fairs and exhibitions.

ARTICLE 15. FOREIGN TRADE POLICIES AND PROGRAMS. The Higher Foreign Trade Council will study and recommend to the National Government, where appropriate, the adoption of foreign trade policies and programs and export promotion programs. directed towards micro, small and medium enterprises.

ARTICLE 16. RESTRICTIVE PRACTICES. The Superintendence of Industry and Commerce, in order to prevent barriers of access to markets or marketing channels for the MSMEs, will investigate and punish those responsible for such restrictive practices.

For this purpose, Article 47 of Decree 2153 of 1992 is added with the following number:

" 10. Those which are intended or have the effect of preventing third parties from accessing the markets or the marketing channels ', and

Article 50 of Decree 2153 of 1992, with the following number:

" 6. Obstructing or preventing third parties, access to markets or marketing channels. "

CHAPTER IV.

TECHNOLOGICAL DEVELOPMENT AND HUMAN TALENT

ARTICLE 17. MODERNIZATION AND INNOVATION FUND FOR MICRO, SMALL AND MEDIUM ENTERPRISES 44 of Law 1450 of 2011. The new text is as follows: > Create the Modernization and Innovation Fund for Micro, Small and Medium Enterprises, as a separate management system of accounts of the Banco de Comercio Exterior de Colombia S.A.-Bancoldex, which for all of its It shall be treated as an autonomous asset and shall be administered by an order account. The activities, acts and contracts concluded by the Fund shall be governed by private law and shall be subject to the procedures and internal requirements established for the acts and contracts of the Banco de Comercio Exterior de Colombia S. A., Bancoldex. The Fund shall aim to implement financial and non-financial instruments, the latter, by non-reimbursable co-financing of programmes, projects and activities for the innovation, promotion and promotion of SMEs.

PARAGRAFO. The National Government shall establish and regulate the integration and functions of the Fund's Advisory Board and establish its management and technical secretariat.

ARTICLE 18. MODERNIZATION AND INNOVATION FUND RESOURCES FOR MICRO, SMALL AND MEDIUM ENTERPRISES 45 of Law 1450 of 2011. The new text is as follows: > The budget of the Modernization and Innovation Fund for Micro, Small and Medium Enterprises will be made up of resources from the general budget of the nation as well as contributions or credits from the International Development Agencies, international cooperation agreements, agreements with the territorial authorities, and transfers of other public entities of national and regional order.

ARTICLE 19. INDEPENDENCE OF THE RESOURCES OF THE FOMIPYME SUB-ACCOUNTS. 276 of Law 1450 of 2011 >

ARTICLE 20. ADMINISTERING THE SUB-ACCOUNTS. 276 of Law 1450 of 2011 >

ARTICLE 21. ADDRESS OF THE FOMIPYME. 276 of Act 1450 of 2011 >

ARTICLE 22. INTEGRATION OF THE BOARD OF DIRECTORS OF THE FOMIPYME. 276 of Law 1450 of 2011 >

ARTICLE 23. FUNCTIONS OF THE BOARD OF DIRECTORS OF FOMIPYME. 276 of Law 1450 of 2011 >

ARTICLE 24. FROM THE FUND OF RISK CAPITAL INVESTMENTS OF MICRO, SMALL AND MEDIUM-SIZED RURAL ENTERPRISES, UNDERTAKE. Create the Risk Capital Investment Fund of micro, small and medium-sized rural enterprises, undertake, as an account under to the Ministry of Agriculture and Rural Development, without legal status, which will be managed independently of the other resources of the Ministry of Agriculture and Rural Development, whose purpose is to support micro, small and medium-sized enterprises producers based in areas of peasant economy, stimulating the creation and strengthening of Rural MSMEs, through the contribution of social capital and the financing of pre-investment, in partnership with the producers and the territorial entities.

PARAGRAFO. The National Government will regulate the operation of the Fund.

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ARTICLE 25. STRUCTURE OF THE VENTURE CAPITAL INVESTMENT FUND OF MICRO, SMALL AND MEDIUM-SIZED RURAL ENTERPRISES, UNDERTAKE. The Undertake Fund will be formed with the resources from the General Budget of the Nation, with the contributions or credits of national or multilateral development agencies with donations, inheritances or legacies, with the profits generated by the companies in which they participate and with the sale of the social capital belonging to the Ministry of Agriculture and Rural Development, in any society and any title.

ARTICLE 26. INFORMATION SYSTEMS. 16 of Law 905 of 2004. The new text is as follows: > From the validity of this law, the Ministry of Commerce, Industry and Tourism will stimulate and articulate the Information Systems that are constituted in instruments of support to the micro, small and medium enterprise and in alternatives to identify opportunities for technological development, business and comprehensive progress.

PARAGRAFO. The National Administrative Department of Statistics, DANE, will design a system of statistical information that allows to know the number of MSMEs, the value of the production, the added value, the employment, the remuneration for employees, intermediate consumption, energy consumption, imports and exports by economic sector and by region. The update of this data will be annually.

ARTICLE 27. CONSERVATION OF THE ENVIRONMENT. The entities belonging to the National Environmental System, SINA, will promote, from the time of this law, the development of projects, programs and activities aimed at facilitating access to the environment. SMEs, cleaner production, the transfer of environmentally sound technologies, and the knowledge and compliance of environmental protection and conservation standards.

ARTICLE 28. ENVIRONMENTAL FORMALITIES. The entities belonging to the National Environmental System, SINA, will adopt the provisions conducive to the relaxation of the procedures for obtaining environmental licenses in projects of the MSMEs.

ARTICLE 29. INCORPORATION INTO THE NATIONAL SYSTEM OF SCIENCE AND TECHNOLOGY AND NETWORK OF TECHNOLOGICAL DEVELOPMENT CENTERS. The Centers for Productive Development at the service of the micro-enterprise and the Research Centers at the service of the MSMEs, are incorporated into the National Science and Technology System and the Network of Technology Development Centers coordinated by Colciencias.

ARTICLE 30. ENTERPRISE CLUSTERS. The National Government will advocate the establishment of industrial parks, technology parks, research centers, business incubators, productive development centers, research centers, development centers Technology and machinery banks for the promotion of small and medium-sized enterprises.

PARAGRAFO. Among other mechanisms in charge of state entities to comply with the provisions of this Article, state entities in the process of liquidation or restructuring may reallocate assets. The National Narcotics Council may, on a provisional or permanent basis, assign the goods subject to the declaration of extinction of the right of domain, in order to comply with the provisions of this Article. Such destination may be given, on the part of the competent authorities, to those goods seized or seized

ARTICLE 31. EDUCATIONAL PROGRAMMES FOR SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) AND THE CREATION OF ENTERPRISES. 17 of Law 905 of 2004. The new text is as follows: > The Seine, universities and technical and technological institutes, without prejudice to their autonomy regime, will consider the provisions of this law to establish diplomatic, non-formal education programs, extension programmes and special chairs for SMEs and to promote entrepreneurship.

PARAGRAFO. Support from SENA to job generation programs. The work of the SENA will be strengthened in order to create sources of employment through established programs, by qualified personnel, with the students who finish their training, and to organize and advise the creation of new small ones, Medium and Micro-enterprises in line with previous market feasibility studies, contributing to the development and growth of SMEs. It will also be accredited to the competent banking and financial institutions that grant microcredit. It is clarified that this will be done with the resources of the quality of life.

ARTICLE 32. ADVISORY COUNCILS FOR THE RELATIONSHIP OF MIDDLE EDUCATION WITH THE BUSINESS SECTOR. The middle education establishments, in all modalities, will create Advisory Councils for the relationship with the business sector, with delegates of the entities agglutinantes de las Mísmes and/or with businessmen from the region, municipality or community where the educational establishment is located.

ARTICLE 33. PARTICIPATION OF THE ICETEX. In the development of its functions, the Icetex will allocate resources and programs to facilitate the formation and development of human capital linked to the MSMEs. To this end, the National Government will issue the relevant regulations.

CHAPTER V.

ACCESS TO FINANCIAL MARKETS

ARTICLE 34. LOANS AND INVESTMENTS FOR MSMES. 18 of Law 905 of 2004. The new text is as follows: > For the purposes of Article 6or Law 35 of 1993, when the National Government verifies that there are market failures or obstacles to the democratization of the credit, affecting micro, small and medium-sized enterprises, in coordination with the Board of the Bank of the Republic will determine in a temporary way the amount or minimum proportion of the resources or lines of credit, which, in the form of loans or investments, must be used by establishments carrying out the granting of credit to the micro, small and medium-sized enterprises sector.

ARTICLE 35. DEMOCRATIZATION OF CREDIT. The National Government will have, in relation to the MSMEs, the functions of formulating policies of democratization of credit and financing for the establishment of new enterprises, to promote competition among the financial intermediaries, to determine the presence of market failures that hinder the access of these companies to the institutional financial market and to take appropriate corrective actions within the framework of their powers.

PARAGRAFO. For this purpose, the National Government will regulate the incorporation of incentives and incentives for the financial system to place important credit resources in support of the MSMEs.

ARTICLE 36. National Government will stimulate the capitalization of the MSMEs, promoting the democratization of actions.

ARTICLE 37. ACQUISITION OF COLLECTIVE ISSUE SECURITIES BY PENSION FUNDS. The Pension Funds may acquire collective emission securities by organized groups of MSMEs which in turn obtain the support of issuers duly registered and registered, and in accordance with the provisions governing those funds.

PARAGRAFO. The National Government will promote the association of the MSMEs in order to consolidate their access to the capital market.

ARTICLE 38. CREDIT LINES. The National Government will encourage the establishment of lines of credit for business capitalization, as an instrument to improve the relationship between the social capital and the external liabilities of the companies belonging to the stratum of the MSMEs.

ARTICLE 39. MICROCREDITO SYSTEMS. In order to stimulate microcredit activities, understood as the system of financing to microenterprises, within which the maximum amount per loan operation is twenty-five (25) minimum wages (a) the legal monthly payments in force without, at any time, the balance for a single debtor exceeding the amount authorised by the financial intermediaries and the micro-business credit organisations, in order to collect fees and commissions, in accordance with the rates authorized by the Superior Council of Microenterprise, Such charges shall be recovered as interest for the purposes of Article 68 of Law 45 of 1990.

The fees shall be remunerated for technical advice to the micro-employer, in relation to the business or economic activity which it develops, as well as the visits to be carried out in order to verify the state of such business activity; and the fees shall be paid for the study of the credit transaction, the verification of the references of the co-debtors and the specialised collection of the obligation.

ARTICLE 40. SPECIAL CONDITIONS OF CREDIT TO COMPANIES GENERATING EMPLOYMENT. 19 of Law 905 of 2004. The new text is as follows: > The National Fund of Guarantees S. A. may grant special guarantee conditions to businesses especially generating employment, 70% (70%) of the value of the credit required for the undertaking, in accordance with the regulations issued by the National Government, which must be carried out within six (6) months of the penalty of this law.

PARAGRAFO. The National Government will establish special conditions that allow the National Guarantee Fund, the sale of the goods received as a payment, in order to make them liquid as soon as possible. to grant, with these resources, guarantees to micro, small and medium-sized enterprises, SMEs.

CHAPTER VI.

CREATING BUSINESSES

ARTICLE 41. ALLOCATION OF THE RESOURCES OF ARTICLE 51 OF ACT 550 OF 1999. 20 of Law 905 of 2004. The new text is as follows: > They will also be beneficiaries of the resources earmarked for the capitalization of the National Guarantee Fund, provided for in Article 51 of Law 550 of 1999, all micro, small and medium-sized enterprises.

ARTICLE 42. SPECIAL TAX REGIMES. 21 of Law 905 of 2004. The new text is as follows: > Municipalities, districts and departments will be able to, with favorable prior concept of the Tax Support Directorate of the Ministry of Finance, to establish special schemes on taxes, fees and contributions of the respective territorial order in order to stimulate the creation and subsistence of SMEs. For this purpose, they may lay down, inter alia, exclusions, periods of exoneration and lower rates than ordinary ones.

Effective Case-law

ARTICLE 43. INCENTIVES FOR THE CREATION OF ENTERPRISES. The parafiscal contributions for the Sena, the ICBF and the Family Compensation Boxes, in charge of the micro, small and medium enterprises that are constituted and installed from the enactment of the This law shall be subject to the following reductions:

1. Seventy-five percent (75%) for the first year of operation.

2. Fifty percent (50%) for the second year of operation; and

3. Twenty-five percent (25%) for the third year of operation.

PARAGRAFO 1o. For the purposes of this article, a micro, small or medium enterprise is considered to be constituted on the date of the public deed of constitution, in the case of legal persons, and on the date of registration in the Chamber of Commerce, in the case of other MSMEs.

The company is understood to be installed when a memorial is presented to the respective Tax and Customs Administration, in which it manifests the following:

a) Intent to benefit from the benefits provided by this article;

b) Economic activity to which it is dedicated;

c) Company Capital;

d) Location of the physical or building site where the economic activity will take place;

e) Primary address.

PARAGRAFO 2o. They are not considered as new micro, small or medium-sized enterprises, nor will they enjoy the benefits provided for in this article, which have been constituted prior to the date of enactment of the present law, even if they are the subject of statutory reform or of processes of division or merger with other MSMEs.

PARAGRAFO 3o. Those who supply false information for the purpose of obtaining the benefits provided for in this Article shall pay the value of the reductions in the parafiscal obligations obtained, and in addition a penalty corresponding to two hundred per cent (200%) of the value of such profits, without prejudice to the criminal penalties to be imposed.

Matches

ARTICLE 44. YOUNG ENTREPRENEURS PROGRAM. The National Government will formulate policies to encourage the creation of companies managed by young professionals, technicians and technologists.

The National Government will issue the regulatory provisions to give materiality to the provisions of this article.

ARTICLE 45. CREDIT LINES FOR BUSINESS CREATORS. 22 of Law 905 of 2004. The new text is as follows: > The Institute of Industrial Development or who does its times and the National Fund of Guarantees will read, during the first quarter of each year the amount and the special conditions for the credit lines and for the guarantees to the creators of micro, small and medium-sized enterprises.