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Through Which Measures Are Taken Regarding The Portfolio Of The National Institute Of Social Housing And Urban Reform Inurbe, In Liquidation, And Other Provisions Are Issued

Original Language Title: Por medio de la cual se adoptan medidas respecto a la cartera del Instituto Nacional de Vivienda de Interés Social y Reforma Urbana, Inurbe, en Liquidación, y se dictan otras disposiciones

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LAW 1001 2005

(December 30)

Official Journal No. 46.137 of 30 December 2005

COLOMBIA CONGRESS

By means of which measures are taken regarding the portfolio of the National Institute of Housing of Social Interest and Urban Reform, Inurbe, in Liquidation, and other provisions are dictated.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. Facultate to the National Institute of Housing of Social Interest and Urban Reform, Inurbe, in Liquidation, to reliquate the insolute credits of the successful recipients of the defunct Credit Institute Territorial, ICT, as follows:

(a) The insolute capital balance of the obligation shall be settled at a rate of 12 percentage points per year, with a cut to the date of filing of the bill;

b) On the new balance and in the title of repayment of the obligation, the National Government through the Inurbe, in Liquidation, will proceed to discount the equivalent of a family housing allowance, up to a minimum of 21 minimum wages. (c) The new balance of the obligation, if any, may be paid out of cash and will obtain a discount of 20% or the same will be refinanced by the Inurbe, in Liquidation, under the conditions established by the law for microcredit.

PARAGRAFO. The National Institute of Housing of Social Interest and Urban Reform, Inurbe, in Liquidation, is empowered to restructure the credits granted to its officials or former officials. In developing this faculty, you can extend deadlines, refinance capital balances, decrease or write off interest.

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ARTICLE 2o. Article 14 of Law 708 of 2001 will remain so:

Public entities in the national order will give free title to the land of their property that is tax goods and that have been illegally occupied for housing of social interest, as long as the illegal occupation has occurred with prior to 30 November 2001. The free transfer shall be carried out by administrative decision in favour of the occupants, which shall constitute a title of domain and once entered in the Office of Public Instruments, shall be fully proof of the property.

Other public entities may be able to make the decision in the terms set out here.

In no case will the previous transfer be carried out in respect of public goods or fiscal goods destined for health and education. It shall also not proceed in the case of buildings located in unsanitary areas or at risk to the population, in accordance with local provisions on the matter.

PARAGRAFO. In the administrative resolutions for free title and transfer of buildings financed by the ICT, it will be an unembargable family patrimony.

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ARTICLE 3o. When the illegal occupation falls on a housing of social interest whose property is located in the head of the disappeared Territorial Credit Institute, the Administrative Unit Special liquidator of the Affairs of the Institute of Territorial Credit or Inurbe, in Liquidation, will proceed to its direct disposal, first of all the occupant without subjection to the Law 80 of 1993 and its decrees regulatory.

The offer of sale will be made to the occupier for the value of the commercial value of the property, discounted on the same, the equivalent of a family allowance of housing up to an amount of twenty one (21) monthly minimum legal wages in force. The balance will be cancelled according to the literal (a) of article 1o of this law.

In the event that the occupier does not search for the acquisition of the property, it will proceed to request its restitution according to the law or its disposal to the third parties that show their interest on the building, in the physical and legal conditions that is found.

PARAGRAFO. Without prejudice to the provisions of Law 901 , 2004, for the effect of registration rights payments that are caused for the registration of the transfer resolutions Buildings carried out under this law, whatever their nature, shall be settled on the basis of five (5) monthly minimum statutory wages in force.

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ARTICLE 4. the case of buildings occupied by religious institutions and churches recognized by the State, on which temples or places of their own have been built for the fulfillment of their mission The Ministry of Social and Social Welfare, the Ministry of Social and Social Security, has a 90% discount. The balance may be financed under the conditions set out in the literal (a) of article 1o of this law.

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ARTICLE 5o. Article 13 of Law 810 of 2003 will remain so:

The National Institute of Housing of Social Interest and Urban Reform, Inurbe, in Liquidation, during its existence will give free title to the municipalities and districts the properties of their property that would have been ceded by these for the development of housing programmes and may give to other public entities the land of their property which is not suitable for housing of social interest, which may only be used for institutional and social purposes.

In terms of properties suitable for different housing of social interest, they will be used by fifty percent (50%) of their commercial property to the municipalities or districts that the date of entry into force of this law will have constituted the Land Bank that speak the 9ª Laws of 1989 and 388 of 1997.

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ARTICLE 6o. Optional to the National Institute of Housing of Social Interest and Urban Reform, Inurbe, in Liquidation, to assign by means of administrative resolution free of charge to the entities of the municipal order or district in which the property or land of his property is located and those of the disappeared Institute of Territorial Credit, the Special Administrative Unit of the Office of the Institute of Territorial Credit, which are currently intended or intended for public use, road plans or areas of assignment.

PARAGRAFO 1o. For the purposes of this article, the Inurbe, in Liquidation, will proceed to determine on its properties and any other transferred to it, the areas liable to be transferred to third parties and the for public use and disposal areas, the transfer of the latter two to the territorial entities of the municipal or district order, without further requirement than the administrative decision indicated.

PARAGRAFO 2o. The National Institute of Housing of Social Interest and Urban Reform, Inurbe, in Liquidation, may yield by administrative resolution for consideration and as payment to the entities of the order the municipal or district in which the property or land is located that conformed the road plan of the respective territorial entity that is of his or her property and those of the disappeared Institute of Territorial Credit or of the Administrative Unit Special Settlement of the Affairs of the Territorial Credit Institute, which are currently destined, have a vocation or make part of the Municipal Road Plan.

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ARTICLE 7o. Optional to the National Institute of Housing of Social Interest and Urban Reform, Inurbe, in Liquidation, to cancel by administrative resolution the charges that currently fall on the buildings awarded by the extinct Territorial Credit Institute and whose obligations are at peace and other than, inter alia, mortgages, settlement conditions, family assets, etc.

Also to be provided to the National Public Entities to cancel by administrative resolution, the charges that currently fall on the buildings to give to the territorial entities.

PARAGRAFO 1o. For the purposes of the cancellation and release of taxes in respect of the collection of the fee for registration rights, it will be understood as an act without amount and consequently the collection will be for the sum of eight thousand weights ($8,000) currency.

PARAGRAFO 2o. In the administrative resolution of cancellation of liens it will not be required to indicate the value of the lien that is cancelled nor the amount by which the same was constituted.

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ARTICLE 8. Facultess to the National Institute of Housing of Social Interest and Urban Reform, Inurbe in Liquidation to celebrate without subjection to the formalities, requirements and restrictions established in the Law 80 of 1993 and its regulatory decrees, a contract of loyalty subject to the general rules and commercial law intended for the formation of a Fideicomiso-Patrimonio Autonomo, to which, once the the term of the law for the existence and liquidation of the Inurbe in Liquidation, transfer the assets and own resources of the settlement entity.

The above with the object that with the proceeds of the sale of the real estate and with the economic resources are served judicial processes in course against the entity liquidated or the future contingencies, as well as the fees of the proxies the administrative and judicial costs which are required for the adequate and adequate defence of the State interests and the other services which will enable the activities arising from the liquidation of Inurbe to be addressed in the future Settlement.

As a procedural part in the judicial processes in which the Inurbe acts in Liquidation, it will be replaced by the Fideicomiso-Patrimonio Autonomo, in addition to the ones that will be brought forward after the liquidation of the Inurbe in Settlement.

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ARTICLE 9o. In the liquidation process of the National Institute of Housing of Social Interest and Urban Reform, Inurbe, in Liquidation, and before proceeding to the delivery of the rights and obligations to the Ministry The Inurbe, in Liquidation, must proceed to carry out the corresponding predial sanitation, to the payment of the taxes of the real estate and other assets that make up the assets of the liquidation for which the buildings of his or her own property may be delivered in payment to the municipalities or districts; property located in the respective municipality or district, for which the Liquidator Manager is empowered to make the corresponding account crossings.

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ARTICLE 10. Who will benefit under 1o, 2o , and 3o items in this law (a) to establish compliance with the requirements laid down in the rules in force to be beneficiaries of the family housing allowance, the limitations laid down in Article 8 of Law 3 of 1991 shall also be imposed.

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ARTICLE 11. This law governs from its enactment and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

BARBERI ' S CLAUDIA BLUM.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

JULY E. GALLARDO ARCHBOLD.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Bogotá, D. C., at 30 December 2005.

ALVARO URIBE VELEZ

The Minister of Finance and Public Credit,

ALBERTO CARRASQUILLA BARRIER.

The Minister of Environment, Housing and Territorial Development,

SANDRA SUAREZ PEREZ.

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