Organic Derogatory Credit Information Bureaus Act Law...

Original Language Title: Ley Orgánica Derogatoria a la Ley de Burós de Información Crediticia...

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Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/ley_derogatoria_de_la_ley_de_buros_de_informacion_crediticia_tramite_no.pdf



Whereas: that, the article 11 paragraph 2 of the Constitution of the Republic enshrines that all them people are equal and shall enjoy of them same rights, duties and opportunities;

That, the State recognizes and guarantees people the right to develop economic activities, individually or collectively, in conformity with the principles of solidarity, social and environmental responsibility; the right to the protection of personal data, which includes access and decision on this data and information as well as their corresponding protection, whose collection, file, processing, distribution or dissemination of this data or information will require the authorization of the owner or the rule of law; the right to personal and family privacy in accordance with the requirements of article 66, paragraphs 15, 19 and 20 of the Constitution of the Republic;

That the Constitution in its articles 308 and 334 paragraph 5 stipulates that financial activities are a service of public order, and may exercise, prior authorization from the State, in accordance with the law, and corresponds to the State promote access to financial services and to the democratization of credit, promoting equitable access to production factors;

That, it is important to have accurate and timely information for lending by the financial and commercial sector;

Whereas it is essential to establish appropriate mechanisms for the protection of the rights of the holders of the information in order to ensure their constitutional rights and safeguard your personal information;

That, there have been abuses on the use of credit information of customers of the financial and trade institutions;

That, is necessary the regulate also the process of transfer of the data existing in the sector real of the economy and in the sector financial popular and solidarity;

That, them articles 5 and 6 of the law organic of transparency and access to the information public, established that are data public all those constant in the institutions public, and that there are data public that can have the character of reserved;

Whereas, it is public data, that is a public institution which make the process of consolidating them and provide credit references services; and, in exercise of its constitutional and legal powers issued: law organic REPEALING A law of BUREAUS of information credit and reform to law of the national system for the registration of data in public, to the organic law of POPULAR and solidary economy and the financial SECTOR people and solidarity and to the law of companies article 1.-Add the following chapter then article 32 of the law of the national system of registration of data public innumerado : "CHAPTER...

SECTION I registration of data credit article...-This chapter is intended to regulate the Organization and operation of the second supplement information - Registro Oficial Nº 843 - Monday 3 December 2012 - 3 credit of individuals and legal entities, through the creation of credit data.

Article...-credit data logging-creates the credit data register, with the purpose of providing credit reference service, based on the analysis of compliance of credit obligations of the persons history. This registry will provide individualized information of natural and legal persons with regard to their lending operations that have contracted with the institutions of the financial system, public and private, including cases in which these act on behalf or for the account of a bank or financial institution abroad, as well as those made with the popular and solidary financial institutions the commercial sector and other institutions in which payment obligations, register which shall be determined by resolution of the National Directorate of registration of data public.

Article...-the National Directorate of registration of data public is the only institution that can collect and maintain credit information from the sources of information in accordance with policies and forms to establish for each sector: a) the Superintendence of banking and insurance, b) the Superintendence of the Popular and solidary economy; and, c) the Superintendency of companies.

Article...-the National Directorate of registration of data public, is the only body authorized to give the information contained in the credit data register, the holder of the credit information and who authorizes this in accordance with the provisions of the present law.

Article...-for effects of application of this law, is means as: holder of the information credit.-is the person, natural or legal, to which is concerns the information credit.

User's credit information.-any person, natural or juridical, legally authorized by the holder of the credit bureaus, which receives from the National Directorate of registration of data public service of credit references.

Sources of information-are persons, natural or juridical, legally authorized because of their activities, maintaining lawful credit information and that are required to deliver the same to the credit registration in accordance with the policies and forms stating their respective inspection body.

Information prohibited.-is one constant in the article 6 of the present law and that not can be included in the register of data credit.

Credit data-base is the set of information in the credit registry databases provided by the financial system, public and private entities, entities of popular and solidary economy and companies regulated by the Superintendency of banking and insurance Superintendency of Popular and solidary economy; and Superintendence of companies, respectively. Information that must comply with the policies and parameters to control entities determined for each case.

Registry information credit.-is the history credit and fulfillment of obligations: financial, commercial, contract, private insurance and social security, of a person, natural or legal, public or private, serving to properly identify and determine their levels of indebtedness.

Article...-credit reference services may be provided by the National Directorate of registration of data public, which will be implemented a methodology and a model of credit risk which will be jointly authorized by the Superintendence of: to) banking and insurance; (b) the economy people and solidarity; and, c) companies.

Model and the methodology used may not consider for their calculations more than 6 years of credit history.

The model and the methodology used will be public and therefore should be placed on knowledge of citizenship in general clearly and pedagogical.

SECTION II of the management by the credit information article...-information from the credit register to obtain sources of credit information and to keep the National Directorate of registration of data public shall solely be aimed at the provision of the service of credit references.

The historical credit information will be at the disposal of the holder of the credit information and who authorized this, as well as the superintendents in order to meet its obligations of control.

Reports of credit information generated required or authorized by the users of the credit information, will refer only to existing operations, expired or cancelled from the 3 years prior to the date on which such reports are issued and may only report obligations assumed directly by the holder of the credit information as a principal debtor and current balances of those in which this granted a guarantee in favour of another or others natural and legal persons.

Credit information in any case reports may include information relating to third parties who have granted a guarantee in favour of the person on which the report is made.

4. Second Supplement - official record No. 843 - Monday 3 December 2012 these reports are informative and are not binding on any public or private institution.

These reports exclude the reference values less than 0.15 times of a basic salary unified for workers in the private sector.

Article...-constant in the credit register information must be turned mandatorily to the holder of the credit information with the simple application of the same and without any other formality, so many times required it, unrestricted way, through: to) direct consultations, for free, in the national system of registration of data public information screens.

(b) reports printed that will contain a legend that say: "the present report has been requested expressly by the holder of it information in order check the veracity and accuracy of its content, by what not can be used, but low its responsibility with the purpose of present them as back of your activity credit".


The information that consists in them reports credit will include the identity of all the people or entities that obtained a report or agreed to a consultation of the history credit of the holder, as well as the date in that is issued such reports or queries.

The National Directorate of registration of data public is obliged to make available to holders of information, along with your credit report, a summary of your rights and procedures for access and update, rectify or delete, where appropriate, the information contained in this document. In addition, they will be required to keep at the disposal of the public in general the content of the summary of rights and procedures.

Article...-the National Directorate of registration of data public may only provide services of credit references, prior express authorization from the holder of the credit information, a: to) legal persons, businesses, foundations and other companies legally authorized to grant credit; and, b) natural persons engaged in economic activities, which have the unique registration of taxpayers and that grant credit.

It address national of registration of data public not may market to any title their databases or deliver all the information credit contained in them same, low no half, or may give to know this information by means of communication collective such as radio, press, television u others media. In case of violation of this provision, shall be punished the person in charge with a fine of 400 basic remuneration unified, without prejudice to the criminal, civil and administrative actions that would place.

Access to credit record information, will not have restrictions for the authorisation holder; However, in the case of duly authorized third parties only may be consulted the information operations in the past three years.

Article...-the National Directorate of public data will be the entity responsible for managing the database of support of the credit register, which will contain the credit information of the past 6 years.

Article...-data and credit information delivered to the National Directorate of registration of data public sources of information, can be audited at any time by the respective control bodies.

The respective supervisory bodies can independently perform their own audits to verify compliance with the law.

SECTION III of the defense of the holders of the information credit article...-persons who for various reasons have access to reports issued by the National Directorate of registration of data public (including officers, employees, agents, among others), to reach must obligatorily maintain confidentiality the information contained in them, being forbidden to use it for purposes other than the credit analysis.

Who penalized or divulge unduly the information contained in a report of credit or alterare the information provided by the source, will be subject to them sanctions established in the legislation criminal corresponding, without prejudice of them actions and responsibilities administrative and civil to which any place.

Article....-the holder of it information credit has right to demand of it source of information credit, the rectification of it information illegal, inaccurate or erroneous and communicate it to the Superintendency respective and this to its time to it address national of record of data public, for it update of the record of data credit.

Within the period of fifteen days of the filing of the application, sources of credit information necessarily will resolve it, in writing, accepting it or rejecting it accordingly and put to the attention of the competent control body. Until, without prejudice to continue including it in the reports issued, the National Directorate of registration of data public will announce that the matter of the application information is being reviewed at the request of the holder, for which reported to this direction, on the filing of the application.

Second Supplement - Registro Oficial Nº 843 - Monday, December 3, 2012 - 5 if it is concluded that the matter of contestation of the holder information is illegal, inaccurate, or wrong, the National Directorate of registration of data public, on account of the source of credit information, immediately send rectificatorias to all those who have received reports containing it.

Article...-sources of credit information will be legally responsible for damages to the owner as a result of the transmission of unlawful, inaccurate or erroneous information that affect your rating or credit history and, therefore, not be exempt alleging absence of intent or guilt.

The responsibility of the sources is to provide refined, updated and information according to the policies and parameters determined by each of the Superintendents to the credit registry, accurate and legally. It is responsible for the information the entity source.

They will be responsible for the damage caused to the holder of the credit information, who used fraudulent or culpably information or from reports of the National Directorate of registration of data public without prejudice that the penal sanctions are followed.

Article 2.-Remove the second paragraph of article 94 of the organic law of Popular and solidary economy and the Financial Sector people and solidarity.

Article 3.-Added the following chapter then Article 120 Act Popular and solidary economy and the Financial Sector people and solidarity: "chapter III article credit registry...-the Superintendence of Popular and solidary economy shall establish the policies and the way in which institutions of popular and solidary system must provide the information to the credit register of the national system of public data."

Popular and solidary economy financial system institutions will only provide the credit record of the national registry system of data public data records of the information concerning the credit history. It is forbidden to give this information to any other institution which are not those determined in this law.

The Superintendence of the Popular and solidary economy may access the data contained in the register credit to fulfill their duties and obligations set forth in the Constitution and the law at all times.

Article...-in accordance with the previous article, the institutions that make up the popular and solidary, financial system according to the segmentation established by the Superintendence of the Popular and solidary economy, are obliged to supply the credit record of the national registry system of data public, the information required to keep it updated. A_fin_de comply with this obligation, the institutions that make up the popular and solidary financial sector must observe the following criteria: to) the frequency with which information must be sent to the credit registry will be determined by the Superintendent of the Popular solidarity, economy based on segments in which savings and credit cooperatives are located. Special reports processes will be established to amend the mistakes that have been committed, in order to achieve this record debugging immediately.

(b) the information submitted shall contain, at least the following identification data, where who has hired the credit is a natural person: names and complete surname, number of identity card and citizenship or passport; and, where is try of a person legal is will make record the reason social and the number of registration only of taxpayers (RUC). With regard to it information relative to it operation credit, is shall require them following data, both for them people natural as for them people legal: date in which is originated it obligation, it date from which it same is callable, the date of payment, the amount of the capital to the date of the report, the amount of the interest earned to the date of the report , the amount of the interest of mora to the date of the report, and the State in that is is the credit, making consist of form Express if with regard to the same is has raised claim administrative or is has started process judicial.

(c) you may register or report values corresponding to concepts that have not originated in direct credit operations and that do not have been customer-requested expressly.

Article...-data and credit information submitted to the National Directorate of registration of data public by Popular and solidary financial institutions may be audited at any time by this entity's control, in order to verify the existence, accuracy and authenticity.

Article...-the financial institution who deliberately and wilfully provide false or malicious or contrary to this law, information shall be punished by the Superintendent of the Popular and solidary economy with a fine of 50 unified basic remuneration each time, without prejudice to the corresponding administrative, civil or criminal responsibilities to any place.


The financial institution that provides for error or fault information false or contrary to this Act, shall be punished by the Superintendent of the Popular and solidary economy with a fine of up to 20 basic remuneration unified each time, without prejudice to the corresponding administrative, civil or criminal responsibilities to any place.

6-second supplement-record official No. 843-Monday 3 of December of the 2012 it institution financial that provide, band or Exchange information of it database of them records credit that is is low your administration to others institutions national or foreign or to people natural or legal without the due authorization of the holder of it information credit or by provision of the law shall be punished by the Superintendent of the Popular and solidary economy with a fine of 100 unified basic remuneration of the worker in general, every time, without prejudice to the corresponding administrative, civil or criminal responsibilities to any place.

If in a report submitted by an internal Auditor, external or official of the Superintendency of the Popular and solidary economy, it would have altered or obscured information, the Superintendent will pay, immediately report this fact to the Office of the Attorney-General.

The Superintendent of the Popular and solidary economy is obliged to decide within a period of 30 days on any infraction in his knowledge, otherwise, they will start against the administrative, civil or criminal actions that any place.

Article 4.-Change the name of chapter IV of title VII of the Act General of institutions of the financial system by the "credit registry".

Article. 5 be replaced with article 95 of the General Law for financial system institutions the following: ' article 95.-the Superintendence of banking and insurance will establish policies and the way in which the institutions of the financial system, public and private must deliver the information to the credit register of the national system of public data. "

The public financial system and private institutions will only provide the credit record of the national registry system of data public data records of the information concerning the credit history. It prohibits deliver this information to any other institution that not are them certain in this law.

The Superintendency of banks and insurance accessible at all times to the data contained in the register credit to fulfill their duties and obligations set forth in the Constitution and the law."

Article 6.-Replace article 96 of the General Law of institutions of the financial system with the following: "article 96.-in accordance with the previous article, the institutions that make up the financial sector, public and private, are required to provide to the credit register of the national system of public data, the information required to keep it updated." (In order give compliance with this obligation, them institutions financial must observe them following criteria: to) the periodicity with which is must send the information to the record credit will be determined by the Superintendency of banks and safe, and in no case may be upper to a month. Special reports processes will be established to amend the mistakes that have been committed, in order to achieve this record debugging immediately.

(b) the information submitted shall contain, at least the following identification data, where who has hired the credit is a natural person: names and complete surname, number of identity card and citizenship or passport; and, where in the case of a legal person shall contain the name and the number of single registry of taxpayer (RUC). With respect to the information concerning the credit operation, the following data will be required for both natural persons and legal persons: date originated in that obligation, the date from which it is payable, date of payment, the amount of the capital at the date of the report, the amount of interest accrued to the date of the report , the amount of the interest of mora to the date of the report, and the State in that is is the credit, making consist of form Express if with regard to the same is has raised claim administrative or is has started process judicial.

(c) you may register or report values corresponding to concepts that have not originated in direct credit operations and that do not have been customer-requested expressly."

Article 7.-Replace article 97 of the General Law of institutions of the financial system with the following: "Art-97 the financial institution who deliberately and wilfully provide false or malicious or contrary to this law, information shall be punished by the Superintendent of banks and insurance with a fine of 50 unified basic remuneration of the worker in general, increasingly , without prejudice to the corresponding administrative, civil or criminal responsibilities to any place.

The financial institution that provides for error or fault information false or contrary to this Act, shall be punished by the Superintendent of banks and insurance with a fine of up to 20 basic remuneration unified each time, without prejudice to the administrative, civil or criminal responsibilities to any place.

The financial institution that provide, sell, or Exchange information of credit database which is under their administration to other national or foreign institutions or natural or legal persons without the authorization of the holder of the credit information or by provision of the law, shall be punished by the Superintendent of banks and insurance with a fine of 100 pay basic unified worker general , every time, without prejudice to the corresponding administrative, civil or criminal responsibilities to any place.

If a report submitted by an internal Auditor, external or official of the Superintendency of banks and second supplement - Registro Oficial Nº 843 - Monday 3 December 2012 - 7 insurance, had altered or obscured information, the Superintendent shall, immediately report this fact to the Office of the Attorney-General.

"He Superintendent of banks and safe has the obligation of to pronounce is in a term of 30 days on any infringement put in your knowledge, case opposite, is begin in his against them actions administrative, civil or criminal to which any place."

Article 8.-Add is it following section below of the article 457 of the law of companies: "section 17TH record credit Art. 458.-the Superintendence of companies will establish them political and it form in that them companies that is are low its control must deliver it information to the record credit of the system national of the record of data public."

Companies regulated by the Superintendency of companies will only provide the credit record of the national registry system of data public information concerning credit history data records. It is forbidden to give this information to any other institution which are not those determined in this law.

The Superintendency of companies may access the data contained in the register credit to fulfill their duties and obligations set forth in the Constitution and the law at all times.

Article 459.-in accordance with the previous article, regulated by the Superintendency of companies, companies that make sales on credit, are required to supply the credit record of the national registry system of data public information to keep you updated. A_fin_de comply with this obligation, the companies regulated by the Superintendency of companies, must observe the following criteria: to) the frequency with which information must be sent to the credit register shall be determined by the Superintendency of companies, and in no case shall exceed one month. Special reports processes will be established to amend the mistakes that have been committed, in order to achieve this record debugging immediately.

(b) the information submitted shall contain, at least the following identification data, where who has hired the credit is a natural person: names and complete surname, number of identity card and citizenship or passport; and, where in the case of a legal person shall contain the name and the number of single registry of taxpayer (RUC). With respect to the information concerning the credit operation, the following data will be required for both natural persons and legal persons: date originated in that obligation, the date from which it is payable, date of payment, the amount of the capital at the date of the report, the amount of interest accrued to the date of the report the amount of interest from mora to the date of the report, and the State credit, stating in a way it is expressed if administrative claim has been raised with respect to the same or has started legal proceedings.

(c) you may register or report values corresponding to concepts that have not originated in direct credit operations and that do not have been customer-requested expressly.


Art-460-the company that deliberately and wilfully provide false, malicious or contrary to this law, information shall be punished by the Superintendent of companies with a fine of 50 unified basic wages for workers in the private sector, increasingly, without prejudice to the corresponding administrative, civil or criminal responsibilities to any place.

The company that provides for error or fault information false or contrary to this Act, shall be punished by the Superintendent of companies with a fine of up to 20 basic remuneration unified each time, without prejudice to the corresponding administrative, civil or criminal responsibilities to any place.

The company that provide, sell, or Exchange information of the data base of credit records that is under their administration to other national or foreign institutions or natural or legal persons without the authorization of the holder of the credit information or by provision of law, shall be punished by the Superintendent of companies with a fine of 100 basic salaries unified for workers in the private sector , every time, without prejudice to the corresponding administrative, civil or criminal responsibilities to any place.

If in a report submitted by an internal Auditor, external or official of the Superintendency of companies, he had altered or obscured information, the Superintendent will pay, immediately report this fact to the Office of the Attorney-General.

"The Superintendent of companies is required to decide within a period of 30 days on any infraction in his knowledge, otherwise, they will start against the administrative, civil or criminal actions that any place."

GENERAL disposition:.-marketing is prohibited to any natural or legal person by any means information of credit references. Who contravenes it willing in this provision will be sanctioned of conformity with it typified in the legislation criminal corresponding.

8-second supplement-record official No. 843-Monday 3 of December of the 2012 provisions transitional: first.-it address national of registration of data public in a term not greater to 365 days, will put in operation the new system of record credit, period within which them bureaus of information credit will continue to paying their services according to the normative established by it address national of data public and the Superintendency of banks and safe; and they will end their activities within a period of 30 days after notice by the new registration, the entry into force of the new system of registration of credit data.

SECOND.-where credit information bureaus do not deliver the information requested by the superintendencies and by the National Directorate of registration of data public, these, collectively, must initiate appropriate legal action, in order to ensure the continuity of the service.

Third: Within the period of 60 days from the publication of this law, the institutions of the public and private financial system delivered to the National Directorate of public data information of each active credit operations of the past 3 years, undergoing risk Bureau.

Fourth: within the term of 30 days counted starting from the publication of it present reform to it law, it Superintendence of banks and safe must transfer it information of them last 6 years that maintains it current Central of risks to it address national of registration of data public, with the purpose of that is start the process of creation of the record of data credit.

The report referred to financial institutions to the national registry of data public, it will be only on obligations unfulfilled in each period. I.e., a duplication of reporting of non-compliance, a period about which was already reported can not be made.

Fifth: Within the period of 90 days from the publication of this law, companies will be given to the National Directorate of public data information from each of the credit operations of the past 3 years.

Sixth: The Central Bank of Ecuador as a transferee of the assets and, therefore, Portfolio collection of financial institutions of the so-called "closed banking" and although the assignee is not a successor in law of these financial institutions shall waive all due and unpaid obligations recorded in its general ledger, whose capital is up to $5,000 (five thousand dollars of the United States of America). This provision punished credits are included. In that consolidation will not add normal or performance, in Mulberry interests or costs that have caused by concept of judicial or extrajudicial recovery.

Them expenses judicial, extrajudicial, administrative and others that is have generated for the recovery of those obligations expired e unpaid, will be of equal way waived in its entirety.

Borrowers who benefited from debt cancellation in the previous provision, shall be determined by each operation individually considered, credit.

The operations of debt cancellation carried out in application of this law, shall be exempt from all taxes or fees that are payable in respect of them.

Is has the file of them actions coercive, judicial or extrajudicial initiated for the recovery of the obligations that are benefited with it application of the forgiveness planned in this law; preventive measures must be cancelled or precautionary that they have been handed down for those purposes. Produced forgiveness, also will be ordered the deletion of the records of debts reported to the risks, originating exclusively in obligations punished, due and unpaid benefit borrowers central object of this cancellation. Therefore these debts will be eliminated from the Base of data of of risks of the Superintendency of banking and insurance and credit information bureaus.

REFORMATORIAS provisions: First: Add the following general provision in law of the national system of registration of data public: "third: the present law shall have the character of organic" second: in article 13 of the law of the system national's data public record, after the phrase "of intellectual property", include the text "credit data records".

Third: In article 29 of the law of the system national's data public record, after the phrase "of intellectual property", include the text "credit data records".

Fourth: Then in the second paragraph of article 23 of the law of the national system of registration of data public add the following text: "institutions and public enterprises through the national system of public data, verified mandatorily information of physical documents which must be presented; with the constant information on the tab only registration of the citizen, in which may be filed on magnetic media. This in order to prohibit the requirement of photocopies of public documents; keeping the citizen obligation of presenting the original physical documents."

Second Supplement - Registro Oficial Nº 843 - Monday 3 December 2012 - 9 fifth: Add following paragraph first of article 28 of the law of the national system of registration of data public the following text: "in order to ensure the exercise of the constitutional right of access to information, creates the unique citizen registration form , document public electronic and/or physical certificate, that will contain all the data of record public of the citizen constant in the system national of registration of data public.

The tab of registration only of the citizen, not replaces them documents legally established; "but is is in document public of consultation of the citizen and document of consultation and verification mandatory of the entities and companies public, for the provision of services to the citizen."

Sixth: in the article 101 of the law organic of the economy Popular and solidarity and of the Sector financial Popular and solidarity replace the phrase "with the following criteria" by the phrase: "with criteria such as".

Seventh: in the literal d of the article 111 of the law organic of the economy Popular and solidarity and of the Sector financial Popular and solidarity: replace the phrase: "for every one of them mechanisms" by the phrase: "for the safe of deposits".

EIGHTH: Add the following article innumerado following article 149 of the organic law of Popular and solidary economy and the Financial Sector people and solidarity: "art... -In addition to the provisions of the Act, the Superintendent may establish contributions to undertakings subject to its monitoring and control for the fulfilment of its functions.

Contributions may be imposed in proportion to the average of total assets, except the accounts in order, of the institutions controlled according to reports submitted to the Superintendent during the previous six months. The average will be calculated on the basis of the monthly figures for uniform dates for all the institutions.

The Superintendent shall issue resolutions and provisions for the application of this article."


NINTH: Add the following subsection below of the first subsection of the article 1611 of the code Civil: "the directory of the Bank Central of the Ecuador may determine, by regulation and by segments, all them cases in which those payments is charged first to the capital."

REPEALING provisions: First: repeal of the law of Agency of credit information published in official register no. 127 of October 18, 2005.

Second: Repeal of the fourth transitional provision of the reform law to the General Law of institutions of the financial system and the economic reorganization law in the tax financial Area published in the supplement of the registry official No. 659 of March 12, 2012.

Article end.-this law shall enter into force following its publication in the official register.

Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, the twenty-second day of the month of November of two thousand twelve. ((f) FERNANDO CORDERO CUEVA f President) DR. ANDRÉS SEGOVIA S. Secretario General.

CERTIFY that it Assembly national discussed and approved it law organic repeal to it law of BUREAUS of information credit and reform to the law of the system national of the record of data public, to it law organic of it economy POPULAR and solidarity and of the SECTOR financial POPULAR and solidarity and to the law of companies, in first debate the 10 of mayo of 2012 in second debate on 30 August and 2 October 2012 and ruled on the partial objection from the President of the Republic on 22 November 2012.

Quito, 27 of November of 2012 f.) DR. ANDRES SEGOVIA S., Secretary General.



No. 003-212-CPCCS-2012 the full participation of citizens and SOCIAL whereas CONTROL Council: that the Constitution in article 275 clearly indicated that the planning of the development will be participatory; the realization of good living requires the full enjoyment of rights and the exercise of responsibilities and duties, in addition, article 85, final paragraph, points out that in the formulation, implementation, evaluation and control of public policies and public services will ensure the participation of persons, communities, peoples and nationalities;

That article 276 of the Constitution establishes that the objectives of the development is the promote the 8 - second supplement - official record No. 850 - Thursday 13 December 2012 part of every contractual process; and, where there is the clause in contract administration that says: "the contractor Appoints Director of technical development of the construction unit of the Ministry of Justice, human rights and religious affairs or his delegate, acting administrator of the contract, who must comply with the General and conditions specific to the specifications that are part of this agreement. The contract manager and the controller are responsible for taking all necessary measures for the proper performance of the contract, with strict compliance with its provisions, programs, schedules, deadlines and costs. Will be responsibility of the administrator of the contract, ensure by the full and timely compliance of all and each an of the obligations derived from the contract. Will adopt them actions that are necessary to avoid delays unjustified and will impose them fines and sanctions established in this contract, based on the report that to the effect will present the Inspector, including the execution of them guarantees. The Manager of the contract, will control the controller to comply with the obligations laid down in this contract and in the contract concluded with the contractor, if applicable. (Responsibility of the Manager of the contract and the Inspector is administrative, civil and criminal, as appropriate"b) in contracts that are in execution, and which is determined in clause for Administration of the contract individualized name some technical officer as administrator of the contract, the contractor designates in his replacement to the Director of the Directorate of analysis and management of construction projects , Equipment and maintenance of CRS, CDP, CAI and CC of the Ministry of Justice, human rights and cults or their delegate, as a contract administrator, who must comply with the General and specific conditions of the specifications which form part of the contract, who will assume the quality; of such act is notified to the contractor, for future communications, delegation that is performed in order avoid delays unnecessary in the improvement of these instruments, via contract amendment.

(c) in all those contracts that do not meet the clause that authorizes to this portfolio of State, to appoint the contract administrator the corresponding amending contracts is subscribe, between parties.

This agreement shall enter into force from your subscription, without prejudice to its publication in the Official Gazette.

Communicate and publish.-given in the Metropolitan District of Quito, 04 April 2012.

f.) DRA. Johana Pesántez Benítez, Minister of Justice, human rights, and cults.

Document with signatures.

Errata National Assembly trade no. SAN-2012 - 1561 Quito, 10 December 2012 Mr engineer Hugo's well Barrezueta registry officer city DIRECTOR of my consideration: the second supplement of the registry official No. 843 of 3 December 2012, published the text of the law organic REPEALING A law of BUREAUS of information credit and reform to law of the national system for the registration of data in public , To it law organic of it economy POPULAR and solidarity and of the SECTOR financial POPULAR and solidarity and to the law of companies, after a review, is has detected that exists an error, involuntary, in the text of it available transient fifth, by what request to you is publish it following faith of errata: says: "fifth: within the term of 90 days counted starting from the publication of the present law" companies will be submitted to the National Directorate of public data information from each of the credit operations of the last 3 years."

It should say: "QUINTA: within the period of 90 days from the publication of this law, companies will be given to the National Directorate of public data information of each of the active lending operations of the last 3 years."

Sincerely, f.) Dr. Andres Segovia S., Secretary General.