Key Benefits:
: Pags.
LEGISLATIVE FUNCTION:
LAW:
NATIONAL ASSEMBLY:
-Expose the Repeal Organic Law to the Credibility And Reform Information of the Buros Act to the Law of the National System of the Public Data Registry, the Organic Law of the Popular and Solidarity Economy and the Popular and Solidarity Financial Sector and the Law of Companies ....................... 1
TRANSPARENCY AND SOCIAL CONTROL FUNCTION:
RESOLUTION:
CITIZEN PARTICIPATION AND SOCIAL CONTROL COUNCIL:
003-212-CPCCS-2012 Expidate the Regulation for the implementation of the Program "Support and Stimulation of the Participatory Capabilities of Citizenship to Promote its Proprotagonian Action, through the Mode of Concussible Funds" ................ 9
ECUADOR REPUBLIC
NATIONAL ASSEMBLY
Office No. SAN-2012-1489
Quito, November 28, 2012
Lord Engineer Hugo del Pozo Barrezueta Director of the Official Register City
Of my consideration:
The National Assembly, in accordance with the powers that gives you the Constitution of the Republic of Ecuador and the Law
SECOND SUPPLEMENT
Year IV-No. 843
Quito, Monday 3 December 2012
Value: US$ 1.25 + VAT
ING. HUGO ENRIQUE DEL POZO BARREZUETA DIRECTOR
Quito: Avenida 12 de Octubre N 16-90 y Pasaje Nicolás Jiménez
Address: Telf. 2901-629 Central Offices and Sales:
Telf. 2234-540
Distribution: Manosca No. 201 and Av. 10 August
Telf. 2430-110
Guayaquil Branch: Malecon No. 1606 and Av. 10 August
Telf. 2527-107
Annual subscription: US$ 400 + VAT for the city of Quito
US$ 450 + VAT for the rest of the country Printed on National Editor
900 copies -- 16 pages
www.registroficial.gob.ec
At the service of the country since July 1, 1895
2 -- Second Supplement -- Official Registration No. 843 -- Monday, December 3, 2012
Legislative Function Organic, discussed and approved the draft REPEAL OF THE LAW ON CREDIT BUREAUS AND REFORM OF THE LAW OF THE NATIONAL SYSTEM OF THE REGISTRATION OF PUBLIC DATA, THE ORGANIC LAW OF THE POPULAR AND SOLIDARITY ECONOMY AND THE POPULAR AND SOLIDARITY FINANCIAL SECTOR AND THE LAW OF COMPANIES.
In session on November 22, 2012, the National Assembly plenary met and gave a statement on the partial objection presented by the Constitutional President of the Republic.
Article 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Legislative Function, accompanied the text of the ORGANIC LAW DEROGATING FROM THE LAW OF BUREAUS OF CREDIT AND REFORM TO THE LAW OF THE SYSTEM NATIONAL OF THE REGISTER OF PUBLIC DATA, TO THE ORGANIC LAW OF THE POPULAR AND SOLIDARITY ECONOMY AND OF THE SECTOR POPULAR AND SUPPORTIVE FINANCIAL AND COMPANY LAW, so that it can be published in the Official Register.
Attentive,
f.) DR. ANDRES SEGOVIA S., Secretary General.
REPUBLIC of Ecuador
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING:
What, Article 11 numeral 2 of the Constitution of the Republic enshrines that all people are equal and will enjoy the same rights, duties and opportunities;
What, the State recognizes and guarantees to persons the right to develop economic activities, individually or collectively, according to the principles of solidarity, social and environmental responsibility; the right to protection personal data, including access to and decision on information and data of this nature, as well as its corresponding protection, the collection, archiving, processing, distribution or dissemination of such data or information shall require the authorization of the holder or the mandate of the law; the right to privacy
personal and family, in accordance with the requirements of Article 66 numerals 15, 19 and 20 of the Constitution of the Republic;
What, the Constitution of the Republic in its Articles 308 and 334 numeral 5 provides that financial activities are a service of public order, and may be exercised, subject to the authorization of the State, in accordance with the law, and it is for the State to promote access to financial services and the democratization of credit, promoting equitable access to production;
What, it is important to have accurate and timely information for the granting of credits by the financial and commercial sector;
That, it is essential to establish adequate mechanisms for the protection of the rights of the information holders in order to guarantee their constitutional and legal rights To protect your personal information;
That there have been abuses of the use of the credit information of financial and commercial institutions clients;
That, it is necessary to regulate also the process of transfer of existing data in the real sector of the economy and in the popular and supportive financial sector;
What, Articles 5 and 6 of the Organic Law on Transparency and Access to Public Information, establish that they are data public institutions, and that there are public data that may have the reserved character;
That, when it is public data, it is necessary that it be a public institution that performs the process of consolidating the same and provides the services of credit references; and,
Constitutional and legal powers,
Exasks:
ORGANIC LAW DEROGATING FROM THE LAW OF CREDIT BUREAUS AND REFORMATORY TO THE LAW OF THE SYSTEM
NATIONAL OF THE REGISTRATION OF PUBLIC DATA, TO THE ORGANIC LAW FROM THE PEOPLE ' S ECONOMY AND SOLIDARITY AND THE SECTOR
POPULAR AND SUPPORTIVE FINANCIAL COMPANIES ACT
Article 1.- Add the following unnumbered chapter following Article 32 of the National Public Data Registration System Act:
" CHAPTER ....
SECTION I Data Registry Credit
Article ....- This chapter is intended to regulate the organization and operation of information
Second Supplement -- Official Record No. 843 -- Monday, December 3, 2012 -- 3
credit to natural and legal persons, by creating the Credible Data Registry.
Article ....- Registration Credit data.-The Register of Credible Data is created, in order to provide the service of credit references, based on the analysis of the history of compliance with the credit obligations of the persons. This register will allow individuals and legal entities to have individualized information about their credit operations that have been contracted with the public and private financial system institutions, including in the case of they act on their behalf or on behalf of a foreign bank or financial institution, as well as those made with the institutions of the popular and supportive financial sector, the commercial sector and other institutions in which they are register payment obligations, the same as they will be determined by resolution of the National Public Data Registry address.
Article ....- The National Directorate of Public Data Registry is the only institution that can collect and maintain credit information from sources of information. according to the policies and forms it establishes for each sector:
a) The Superintendence of Banks and Insurance,
b) The Superintendence of the Popular and Solidarity Economy; and,
c) The Superintendence of Companies.
Article ....- The National Directorate of Public Data Registry, is the only body authorized to deliver the information contained in the Credible Data Registry, to the holder of the credit information and to whom it authorizes in accordance with the provisions of this Law.
Article ....- For the purposes of application of this Law, meaning:
Holder of Credit Information.- Is the person, natural or legal, to which the credit information refers.
Credit Information User.- It is all person, natural or legal, legally authorised by the holder of the credit information, which receives from the National Directorate of Public Data Registry the provision of the service of credit references.
Sources of Information.- They are the persons, natural or legal, legally authorized that due to their activities, maintain lawful credit information and that they have an obligation to deliver the same to the Credit Register in accordance with the policies and forms established by their respective control body.
Forbidden information.- This is the constant in Article 6 of this Law and which may not be included in the Register of Data Credit.
Credit Database.- It is the set of constant information in the databases of the credit register provided by the public and private financial system entities, entities of the popular economy and and companies regulated by the Superintendence of Banks and Insurance, Superintendence of the People's Economy and Solidarity; and, Superintendence of Companies, respectively. Information that you must comply with the policies and parameters that are determined by the control entities for each case.
Credit Registration Information.- It is the credit history and the fulfillment of obligations: financial, commercial, contractual, private insurance and social security, a natural or legal person, public or private, that serves to identify it appropriately and determine its levels of indebtedness.
Article ....- Services of credit references may be provided by the National Directorate of Registry of Public Data, for which a methodology and a credit risk model will be implemented that will be jointly authorized by the Superintendents of: (a) Banks and Insurance; (b) the People's Economy and Solidarity; and (c) Companies.
The model and methodology used may not consider for their calculations more than 6 years of the credit history.
The model and methodology used shall be
SECTION II
ARTICLE ....
SECTION II
SECTION II
SECTION II
SECTION II
ARTICLE ....- Credit Registration that is obtained from the sources of credit information and that maintains the Management National Public Data Registry shall be for the sole purpose of being intended for the provision of the credit reference service.
Historical credit information shall be made available to the Credit Holder and of whom you authorize, as well as Superintendents for the purpose of fulfilling your control obligations.
Reporting of credit information that is required or authorized by the Credit Information Users will do reference only to operations in force, due or cancelled at 3 years of age prior to the date on which such reports are issued and may only report obligations directly incurred by the holder of the credit information as the principal debtor and the outstanding balances of those in which the credit information holder has (a) a guarantee in favour of other natural and legal persons.
Reporting of credit information under no circumstances may include information concerning third parties who have granted a guarantee in favour of the person on which the report is made.
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These reports will be informative and are not binding on any public or private institution.
These reports will exclude the a reference of values less than 0.15 times of a unified basic salary for private sector workers.
Article ....- Constant information in the credit register must be delivered in a mandatory manner to the holder of the credit information with the simple request of the same and without any other formalities, how many times it requires, in an unrestricted way, through:
a) Direct queries, free of charge, on the National Public Data Registry System information screens.
b) Print reports that will contain a legend " This report has been expressly requested by the information holder to verify the accuracy and accuracy of its content, so it cannot be used, but under its responsibility for the purpose of presenting it as a support for its credit activity. "
The information contained in the credit reports shall include the identity of all persons or entities who obtained a report or agreed to a query of the holder's credit history, as well as the date on which such reports were issued. reports or inquiries.
The National Directorate of Public Data Registry is required to make available to the information holders, together with their credit report, a summary of their rights and the procedures for accessing and update, rectify or remove, where appropriate, the information contained in that document; . Additionally, they will be required to keep the content of the summary of such rights and procedures available to the general public.
Article ....- The National Directorate of Public Data Registry may only provide services of credit references, subject to the express authorisation of the Credit Information Holder, to:
a) Legal persons, companies, foundations and other companies legally authorized to grant credit; and,
b) natural resources that are engaged in economic activities, which have the Single Register of
National Directorate of Public Data Registry will not be able to market to any title its databases or to deliver all the credit information contained therein, under no means, or may disclose this information by means of collective communication such as radio, press, television or other means. In case of violation of this provision, the
with a fine of 400 unified basic remunerations shall be punished, without prejudice to the criminal, civil and administrative actions to which there would be.
Access to the information of the Credit Register, shall not have restrictions for the holder of the same; however, in the case of duly authorized third parties only the information of the operations of the last three years may be consulted.
Article ....- The National Directorate of Public Data will be the entity in charge of administer the Credit Registry support database, which will contain the credit information of the last 6 years.
Article ....- The data and credit information submitted to the National Registry of Public data from sources of information may be audited at any time by the respective control bodies.
The respective control bodies may independently carry out their own audits to verify compliance with the law.
SECTION III
DEFENSE OF THE HEADLINES OF THE CRO INFORMATION
Article ....- People who for various causes come to have access to reports issued by the National Directorate of Public Data Registry (including officials, employees, agents, etc.). other), they must be required to keep confidentiality on the information contained therein, being prohibited for use for purposes other than credit analysis.
Who will use or improperly disclose the information contained in a credit analysis. credit report or alter the information provided by the source, will be subject to the penalties provided for in the relevant criminal law, without prejudice to the administrative and civil actions and responsibilities to which it occurs.
Article ....- The holder of the credit information has the right to demand from the source of credit information, the rectification of illegal, inaccurate or erroneous information and to communicate it to the respective Superintendence and is in turn to the National Directorate of Public Data Registry, for the update of the Credit Data Record.
Within a period of fifteen days from the submission of the application, the sources of the credit information must be resolved, in writing, by supporting or rejecting it in a reasoned manner and by bringing to the attention of the competent control body. Until such time, without prejudice to continuing to include it in the reports they issue, the National Directorate of Public Data Registry will announce that the information regarding the application is being reviewed at the request of the holder, for which it will be inform this Directorate about the submission of the application.
Second Supplement -- Official Registration No. 843 -- Monday, December 3, 2012 -- 5
If it is concluded that the information about the holder's impeachment is illegal, inaccurate or erroneous, the National Data Registry Directorate Public, on behalf of the credit information source, will immediately send rectifying communications to all who have received reports containing it.
Article ....- Credit information sources will be legally liable for the damage caused to the holder as a result of the transmission illegal, inaccurate or erroneous information affecting their credit rating or history, and will therefore not be exonerated on the grounds that they are absent or of fault.
The responsibility of the sources is to deliver clean information, updated and according to the policies and parameters determined by each of the Superintendents to the Credit Register, in an exact and legal manner. The source entity of the information will be responsible for the information.
They will respond to the damages caused to the credit information holder, who will use dolosa or blame information or reports from the company. National Directorate of Public Data Registry without prejudice to the continuation of the corresponding criminal actions.
Article 2.- Eliminate the second paragraph of Article 94 of the Organic Law of the People's Economy and Solidarity and of the Popular and Solidarity Financial Sector.
Article 3.- Add the following chapter to continuation of Article 120 of the Organic Law of the People's Economy and Solidarity and the Popular and Solidarity Financial Sector:
" CHAPTER III
From the Credit Register
Article ....- The Superintendence of The People's Economy and Solidarity will establish the policies and the way in which the institutions of the popular and solidarity system must deliver the information to the National System of the Public Data Registry.
The institutions The Financial System of the People's Economy and Solidarity will provide only to the Credit Registration of the National System of the Public Data Registry the data records of the information concerning the credit history. It is prohibited to provide this information to any other institution other than those specified in this Law.
The Superintendence of the Popular and Solidarity Economy will be able to access the data contained in the credit register at all times. to fulfill its duties and obligations established in the Constitution and the law.
Article ....- In accordance with the previous article, the institutions that make up the popular and solidarity financial system, according to the segmentation established by the Superintendence of the People's Economy and Solidarity, they are obliged to provide the
National Public Data Registry System Credit Registry
the information needed to keep it up to date. In order to comply with this obligation, the institutions that make up the popular and supportive financial sector must observe the following criteria:a) The periodicity with which the information must be sent to the Registry Credit will be determined by the Superintendence of the Popular and Solidarity Economy, depending on the segments in which the savings and credit cooperatives are located. Special reporting processes shall be established to immediately amend any errors that have been committed, in order to achieve the purging of this record.
b) The information submitted shall contain at least the following information: identification, if the person who has contracted the credit is a natural person: full names and surnames, the number of identity cards and citizenship or passport; and, in the case of a legal person, the social reason and the number of Single Taxpayer Registration (RUC). With regard to the information relating to the credit operation, the following data shall be required for both natural persons and legal persons: the date on which the obligation originated, the date from which the obligation is due, payment date, the amount of the capital to the date of the report, the amount of interest accrued to the date of the report, the amount of interest from arrears to the date of the report, and the state in which the credit is located, expressly stating if of the same has been raised administrative claim or has been initiated judicial process.
c) record or report securities corresponding to concepts that have not originated in direct credit operations and have not been expressly requested by the customer.
Article ....- The data and credit information delivered The National Directorate of Public Data Registry by the institutions of the Popular and Solidarity Financial Sector may be audited at any time by this control entity, in order to verify its existence, veracity and authenticity.
Article ....- The financial institution you provide deliberately and dolously false or malicious information or contrary to this law, will be sanctioned by the Superintendent of the People's Economy and Solidarity with a fine of 50 Unified Basic Remuneration each time, without prejudice to the corresponding administrative, civil or criminal liability to occur.
The financial institution that mistakenly provides or blames false or otherwise false information shall be sanctioned by the Superintendent of the Popular and Solidarity Economy with a fine of up to 20 Unified Basic Remuneration each time, without prejudice to the relevant administrative, civil or criminal responsibilities to which it has taken place.
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The financial institution that provides, sells, or exchanges information from the credit records database that is located under his administration to other national or foreign institutions or to natural or legal persons without the proper authorization of the holder of the credit information or by provision of the Law, will be sanctioned by the Superintendent of the Economy Popular and Solidarity with a fine of 100 Unified Basic Remuneration of the worker in In general, each time, without prejudice to the corresponding administrative, civil or criminal responsibilities to which it takes place.
If in a report presented by an Internal Auditor, External or official of the Superintendence of the Popular and Solidarity Economy, if any information has been altered or hidden, the Superintendent will have an immediate obligation to report this fact to the State Attorney General's Office.
The Superintendent of the Popular and Solidarity Economy has an obligation to rule within 30 days on any infringement brought to its knowledge, contrary case, will be initiated against the administrative, civil or criminal actions to which it takes place.
Article 4.- Amend the name of Chapter IV of Title VII of the General Law of the Institutions of the Financial system by "Credit Registration".
Article. 5.- Replace Article 95 of the General Law of Financial System Institutions with the following:
" Art. 95.-The Superintendence of Banks and Insurance will establish the policies and the way in which the institutions of the public and private financial system must submit the information to the Credit Register of the National System of the Public Data Registry.
The institutions of the Public and Private Financial System will provide only to the Credit Registry of the National System of the Public Data Registry the data records of the information concerning the credit history. It is prohibited to provide this information to any other institution other than those specified in this Law.
The Superintendence of Banks and Insurance will be able to access at all times the data contained in the Credit Register to fulfill its obligations. duties and obligations laid down in the Constitution and the law. "
Article 6.- Replace Article 96 of the General Financial System Institutions Act with the following:
" Art. 96.-In accordance with the previous article, the institutions that make up the public and private financial sector are obliged to provide the National System of the Public Data Registry with the Credit Register, the information necessary to keep you updated. In order to comply with this obligation, financial institutions must observe the following criteria:
a) The periodicity with which the information is to be submitted to the Credit Register will be determined by
the Superintendence of Banks and Insurance, and in no case can be greater than one month. Special reporting processes shall be established to immediately amend any errors that have been committed, in order to achieve the purging of this record.
b) The information submitted shall contain at least the following information: identification, if the person who has contracted the credit is a natural person: full names and surnames, the number of identity cards and citizenship or passport; and, in the case of a legal person, the social reason and the number of Single Taxpayer Registration (RUC). With regard to the information relating to the credit operation, the following data shall be required for both natural persons and legal persons: the date on which the obligation originated, the date from which the obligation is due, payment date, the amount of the capital to the date of the report, the amount of interest accrued to the date of the report, the amount of interest from arrears to the date of the report, and the state in which the credit is located, expressly stating if of the same has been raised administrative claim or has been initiated judicial process.
c) record or report securities corresponding to concepts that have not originated in direct credit operations and which have not been expressly requested by the customer. "
Article 7.- Replace Article 97 of the General Financial System Institutions Act with the following:
" Art.-97 The financial institution that intentionally and dolously provides false or malicious information or contrary to this law, shall be sanctioned by the Superintendent of Banks and Insurance with a fine of 50 Unified Basic Remuneration Of the worker in general, each time, without prejudice to the corresponding administrative responsibilities, civil or criminal proceedings to take place.
The financial institution that Provide by mistake or fault information false or contrary to this law, will be sanctioned by the Superintendent of Banks and Insurance with a fine of up to 20 Unified Basic Remuneration each time, without prejudice to the responsibilities administrative, civil or criminal proceedings.
The financial institution that provides, sells or exchanges information from the credit database that is under its administration to other national institutions or foreign or natural or legal persons without the proper authorization of the holder of the information credit or by provision of the Law, will be sanctioned by the Superintendent of Banks and Insurance with a fine of 100 Unified Basic Remuneration Of the worker in general, each time, without prejudice to the corresponding responsibilities administrative, civil, or criminal to which it occurs.
If in a report filed by an Internal Auditor, External or Bank Superintendency Officer and
Insurance, have altered or hidden information, the Superintendent will have an immediate obligation to report this fact to the State Attorney General.
The Superintendent of Banks and Insurance has an obligation to rule within 30 days on any infringement brought to its attention, otherwise the actions will be initiated against the actions of the State. administrative, civil or criminal proceedings to which it has taken place. '
Article 8.- Add the following section below to section 457 of the Companies Act:
" SECTION XVII
CREDIT REGISTER
Art. 458.-The Superintendence of Companies will establish the policies and the way in which the companies that are under their control must submit the information to the Credit Registry of the National System of the Public Data Registry.
Companies regulated by the Superintendence of Companies will provide only to the Credit Registry of the National System of the Public Data Registry the data records of the information concerning the credit history. It is prohibited to provide this information to any other institution other than those specified in this Law.
The Superintendence of Companies may at all times access the data contained in the Credit Register to fulfill its duties. and obligations established in the Constitution and the law.
Art. 459.-In accordance with the previous article, companies regulated by the Superintendence of Companies, which carry out sales on credit, are obliged to supply the National System of the National System of the Public Data Registry with the information needed to keep it up to date. In order to comply with this obligation, the companies regulated by the Superintendence of Companies, must observe the following criteria:
a) The periodicity with which the information must be sent to the Register determined by the Superintendence of Companies, and in no case can be more than one month. Special reporting processes shall be established to immediately amend any errors that have been committed, in order to achieve the purging of this record.
b) The information submitted shall contain at least the following information: identification, if the person who has contracted the credit is a natural person: full names and surnames, the number of identity cards and citizenship or passport; and, in the case of a legal person, the social reason and the number of Single Taxpayer Registration (RUC). With respect to information relating to the credit operation, the following data shall be required for both natural persons and persons
legal: date on which the obligation originated, the date from which the obligation is payable, the date of payment, the amount of the capital to the date of the report, the amount of interest accrued to the date of the report, the amount of interest from arrears to the date of the report, and the state in which the credit is located, making it expresses whether the administrative complaint has been raised or the judicial process has been initiated.
c) securities may be registered or reported for concepts that have not originated in direct credit operations and have not been expressly requested by the customer.
Art.-460.-The company that provides deliberate and This law will be sanctioned by the Superintendent of Companies with a fine of 50 basic wages unified for private sector workers, each time, without prejudice to the corresponding administrative, civil or criminal responsibilities to occur.
Company that provides by mistake or fault information false or contrary to this law, will be sanctioned by the Superintendent of Companies with a fine of up to 20 Unified Basic Remuneration each time, without prejudice to the corresponding administrative, civil, or criminal liability to occur.
The company that provides, sells, or exchanges information from the credit records database that is under its administration to other institutions national or foreign nationals or natural or legal persons without the proper authorization of the holder of the credit information or by provision of the Law, will be sanctioned by the Superintendent of Companies with a fine of 100 basic wages unified for the workers of the private sector, each time, without prejudice to the corresponding administrative, civil, or criminal responsibilities to which it occurs.
If in a report submitted by an Internal Auditor, External or Official of the Superintendence of Companies, it has been altered or hidden information, the Superintendent will have the obligation, in immediate form, to denounce this fact to the Prosecutor General State General.
The Superintendent of Companies has an obligation to rule within 30 days on any infringement brought to its attention, otherwise, administrative actions will be initiated against them, civil or criminal proceedings to which it has taken place. "
GENERAL CHOICE:
FIRST.- Every natural or legal person is prohibited from marketing by any means of the credit reference information. Those who contravene the provisions of this provision shall be punished in accordance with the provisions of the relevant criminal law.
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TRANSIENT provisions:
FIRST.- The National Directorate of Public Data Registry within a period not greater than 365 days, will put into operation the new Credit Registration System, period within which the Credit Information Buros will continue to provide their services according to the regulations established by the National Directorate of Public Data and the Superintendence of Banks and Insurance; and they will end their activities within 30 days after the notification made by the new registry, of the entry into force of the new Credible Data Registry system.
SECOND.- In case the Credit Information Buros do not deliver the information requested by The Superintendents and the National Directorate of Public Data Registry, these, jointly, must initiate the corresponding legal actions, in order to guarantee the continuity of service delivery.
THIRD: Within 60 days of the publication of this Law, the institutions of the public and private financial system shall deliver to the National Directorate of Public Data the information of each of the active credit operations of the last 3 years, which are at the risk-center.
FOURTH: Within 30 days of the publication of this Reform to the Law, the Superintendency of Banks and Insurance will have to transfer the information of the last 6 years that the current Central of Risks to the National Directorate of Public Data Registry, in order to start the process of creation of the Record of Credit Data.
The report that financial institutions refer to the National Directorate of Public Data Registry will do so only on the obligations that have been breached in each period. In other words, a duplication of default reporting cannot be performed, for a period on which it has already been reported.
QUINTA: Within 90 days of the publication of this Law, the companies will deliver to the National Directorate of Public Data the information of each of the credit operations of the last 3 years.
SIXTH: The Central Bank of Ecuador in its quality as a transferee of the assets and, therefore, of the collection portfolio the financial institutions of the so-called "closed banking" and although the transferee is not a successor in The right of these financial institutions to write in their entirety, the obligations due and unpaid in their accounts, the capital of which is up to US$ 5,000 (Five thousand dollars from the United States of America). This provision is included in the appropriations for which they are punished. This consolidation will not add to the normal interest or performance, arrears, or expenses that would have been incurred by way of
judicial or extra-judicial recovery.
Judicial, extrajudicial, administrative expenses and others that have been generated for the recovery of those overdue and unpaid obligations, will be equally waived in their entirety.
The debtors benefiting from the waiver provided for in the foregoing provision, shall be determined by each credit operation, individually considered.
relief operations to be carried out under this Law, will be exempt from all taxes or taxes that are taxed.
The file of the coactive, judicial or extrajudicial actions initiated for the recovery of the the obligations that have benefited from the application of the waiver provided for in this Law; the preventive or precautionary measures that have been issued for these purposes must be cancelled. The waiver shall also be ordered to dispose of the records of the debts reported to the central bank of risks, originating solely on the obligations punishable, due and unpaid by the debtors concerned. remission. Therefore these debts will be removed from the Risk Central Database of the Superintendence of Banks and Insurance and the Credit Information Buros.
REFORMATTER PROVISIONS:
FIRST: the following general provision in the Law of the National Public Data Registry System:
"Third: This Law will have the character of organic"
SECOND: In Article 13 of the Law of the National System of the Public Data Registry, following the phrase "intellectual property", including the "credit data records".
THIRD: In Article 29 of the National Public Data Registration System Act, following the phrase "intellectual property", include the text "credit data records".
FOURTH: Add following the second paragraph of article 23 of the National Public Data Registration System Act the following text:
" Public entities and companies through the National Registration System Public data, will verify in a mandatory manner the information of the physical documents to be presented to you; with the constant information in the Single Register of the Citizen, which can be archived in magnetic media. This is intended to prohibit the requirement for photostatic copies of public documents, while maintaining the obligation of the citizen to present the original physical documents. "
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QUINTA: Add following the first paragraph of Article 28 of the National Public Data Registration System Act following text:
" In order to guarantee the exercise of the constitutional right of access to information, the Single Register of the Citizen, electronic public document and/or certified physical, which will contain all the public record data of the constant citizen in the National Data Registry System Public.
The Single Register of the Citizen, does not replace the legally established documents; but it is constituted in public document of citizen consultation and document of consultation and mandatory verification of the entities and public undertakings, for the provision of services to the citizen. "
SIXTH: In Article 101 of the Organic Law of the People's Economy and Solidarity and the Popular Financial Sector and Solidarity replace the phrase "with the following criteria" by the phrase: "with criteria such as".
SEVENTH: In the literal d of article 111 of the Organic Law of the Popular and Solidarity Economy and the Popular and Solidarity Financial Sector: replace the phrase: "for each of the mechanisms" by the phrase: " for Insurance Deposits ".
EIGHTH: Add the following article innumbered following Article 149 of the Organic Law of the Popular and Solidarity Economy and the Popular and Solidarity Financial Sector:
" Art ...-In addition to the provisions of the Law, The Superintendence may establish contributions to institutions subject to its oversight and control for the fulfillment of its privileges.
Contributions may be imposed in proportion to the average of total assets, except the order accounts, of the institutions controlled according to reports presented to the Superintendent for the previous six months. The average will be computed based on the monthly figures corresponding to uniform dates for all institutions.
The Superintendence will dictate the relevant resolutions and provisions for the implementation of this Article. "
NINTH: Add the following point below the first paragraph of Article 1611 of the Civil Code:
" The Directory of the Central Bank of Ecuador may determine, by regulation and by segment, all cases in which the payments are first charged to the capital. '
REPEAL provisions:
FIRST: Repeal the Credit Information Buros Act published in the Official Record No. 127 of October 18, 2005.
SECOND: Deroguese the transitional provision fourth of the Reform Law to the General Law of Institutions of the Financial System and to the Law of Reorder in Economic Matters in the Financial Tax Area published in the Supplement to the Official Register No. 659 of 12 March 2012.
Article Final.- This Law will take effect from its publication in the Official Register.
Given and subscribed at the National Assembly headquarters, located in the Metropolitan District of Quito, Pichincha Province, to the twenty-two days of the month of November of two thousand twelve. f) FERNANDO CORDERO CAVE President f) DR. ANDRES SEGOVIA S. Secretary General.
CERTIFIED that the National Assembly discussed and approved the REPEAL OF THE LAW OF BUREAUS OF CREDIT INFORMATION AND REFORM OF THE LAW OF THE NATIONAL DATA REGISTRY SYSTEM. PUBLIC, TO THE ORGANIC LAW OF THE POPULAR AND SOLIDARITY ECONOMY AND THE POPULAR AND SUPPORTIVE FINANCIAL SECTOR AND TO THE LAW OF COMPANIES, in the first debate on May 10, 2012, in the second debate on August 30 and October 2, 2012, and on the partial objection of the President of the Republic on 22 November 2012.
Quito, November 27, 2012
f.) DR. ANDRES SEGOVIA S., Secretary General.
No. 003-212-CPCCS-2012
THE PLENARY OF THE CITIZEN PARTICIPATION AND SOCIAL CONTROL COUNCIL
Considering:
What, the Constitution of the Republic in Article 275 clearly states that development planning be participatory; that the realization of good living requires the full enjoyment of rights and the exercise of responsibilities and duties, and Article 85, the final paragraph, points out that in the formulation, implementation, evaluation and control of the public policies and public services will ensure the participation of people, communities, peoples and nationalities;
What, article 276 of the Constitution states that among the objectives of development is to promote the
8 -- Second Supplement -- Official Record No. 850 -- Thursday, December 13, 2012
part of each contract process; and, where the Contract Administration clause exists that says: " The CONTRACTOR designates the Director Technical Development of the Unit of Construction of the Ministry of Justice, Human Rights and Cults or its delegate, in the capacity of the Contract Administrator, who must comply with the general and specific conditions of the documents that form part of this contract. The Contract Administrator and the Fiscaler are responsible for taking all necessary measures for the proper performance of the contract, with strict compliance with its clauses, programs, schedules, deadlines and expected costs. It shall be the responsibility of the Contract Administrator to ensure the full and timely fulfilment of any and all obligations arising out of the contract. It shall take any action necessary to avoid unjustified delays and shall impose the fines and penalties provided for in this contract, on the basis of the report which the Fiscaler will present to the effect, including the execution of the guarantees. The Administrator of the Contract shall control that the Fiscaler complies with the obligations established in this contract and in the contract that he holds with the Contracting Party, if this is the case. The responsibility of the Contract Administrator and the Fiscaler is administrative, civil and criminal, as appropriate "
b) In the contracts that are running, and in which it is stated in the the name of any technical officer as the contract administrator, the CONTRACTOR appoints in his replacement to the Director of the Management of Analysis and Management of Projects of Construction, Equipment and Maintenance of CRS, CDP, CAI and CC of the Ministry of Justice, Human Rights and Cults or its delegate, in quality Contract Manager, who must comply with the general and specific conditions of the contract documents, who shall assume such quality; the contractor shall be notified of such an act for future communications, to avoid unnecessary delays in the improvement of these instruments, via an amending contract.
c) In all contracts that do not have the clause that empowers this State Portfolio, to name the contract administrator shall be signed, between the parties involved, the
This Agreement shall enter into force from its subscription, without prejudice to its publication in the Official Register.
Contact and Publish.-
Given in the Metropolitan District from Quito, to 04 April 2012.
f.) Dr. Johana Pesantez Benitez, Minister of Justice, Human Rights and Cults.
Document with electronic signatures.
ERRATA FE
NATIONAL ASSEMBLY
Office No. SAN-2012-1561
Quito, December 10, 2012
Lord Engineer Hugo del Pozo Barrezueta DIRECTOR OFFICIAL REGISTER City
Of my consideration:
In the Second Supplement to the Official Register No. 843 of 3 In December 2012, the text of the ORGANIC LAW DEROGATING FROM THE LAW OF BUREAUS OF CREDIT AND REFORM TO THE LAW OF THE NATIONAL SYSTEM OF THE REGISTRATION OF PUBLIC DATA, TO THE ORGANIC LAW OF THE POPULAR AND SOLIDARITY ECONOMY AND OF THE POPULAR AND SUPPORTIVE FINANCIAL SECTOR AND COMPANY LAW, after a review, it has been detected that there is an error, involuntary, in the text of the Transient Disposition Fifth, so I request you to publish the following Errat Faith:
DICE: " QUINTA: Within the 90-day period counted from the publication of this Law, the companies shall provide to the National Directorate of Public Data the information of each of the credit operations of the last 3 years. "
MUST DECIR: " QUINTA: Within 90 days of the publication of this Law, the companies will submit to the National Public Data Directorate the information of each of the operations active credit for the last 3 years. "
Atently,
f.) Dr. Andres Segovia S., Secretary General.
