Key Benefits:
SUMMARY:
Pags. LEGISLATIVE FUNCTION
LAW:
NATIONAL ASSEMBLY:
Organic Law for the Regulation of Housing and Vehicle Credits ............................... 2
EXECUTIVE FUNCTION
RESOLUTION:
INTERNAL REVENUE SERVICE:
NAC-DGERCGC12-00363 Set the zero-comma ce-ro eight-one-zero of the United States of
America (USD 0.0810), the unit-specific rate of cigarette, for the calculation of the excise duty (ICE), which shall apply from 01 July 2012 ................................ 4
ELECTORAL FUNCTION CAUSA: ELECTORAL LITIGATION TRIBUNAL: 757-2011-TCE ratifies the constitutional presumption of innocence of citizen Juan Carlos Pasto
Sisa, in accordance with the provisions of the Article 76 numeral 2 of the Constitution of the Republic of Ecuador .................................
5
AUTONOMOUS GOVERNMENT
DECENTRALIZED ADO
PROVINCIAL ORDINANCE:
-Santo Domingo de los Tachilas: What regulates the administration, control and collection of the service charge technical and administrative ............. 6
S E G U N D O S U P L E M E N T O
Ano III r Nº 732
Quito, martes 26 de
June del 2012
Value: US$ 1.25 + IVA
AB. JAQUELINE VARGAS CAMACHO
DIRECTOR (E)
Quito: Avenida 12 de Octubre
N 16r90 y Pasaje Nicolas Jimenez
Address: Telf. 2901 r629
Crafts #3; #3;y sales:
Telf. 2234 r540
Distribution (Storeroom):
ManoscaNº 201 yAv. 10 deAgosto
Telf. 2430 r110
Sucurs Guayaquil:
MaleconNº 1606 yAv. 10 deAgosto
Telf. 2527 r107
Suscription anual: US$ 400 + IVA
for lacitydeQuit
US$ 450 + VAT parael#3;resto#3;
Printer en Editora National
900 examples rr 8 paginas
www.registroficial.gob.ec
Al service del pais
from el 1st de julio de 1895
2 -- Second Supplement -- Official Record No. 732 -- Tuesday, June 26, 2012
REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
Office No. SAN-2012- 0727 Quito, June 21, 2012. Mr. Engineer Hugo del Pozo Barrezueta Director of the Official Register City Of My Consideration: The National Assembly, with the privileges conferred upon it by the Constitution of the Republic of Ecuador and the Organic Law of the Function Legislative, he discussed and approved the project of ORGANIC LAW FOR THE REGULATION OF HOUSING AND VEHICLE CREDITS. In session of June 21, 2012, the plenary of the National Assembly met and spoke on the partial objection presented by the Constitutional President of the Republic. As stated in article 138 of the Constitution of the Republic of Ecuador and article 64 of the Organic Law of the Legislative Function, the text of the ORGANIC LAW FOR THE REGULATION OF HOUSING CREDITS And the ULOS, to be used to publish it in the Official Register. Intently, f.) DR. ANDRES SEGOVIA S., Secretary General.
REPUBLIC of Ecuador
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING: That, in accordance with Article 67 of the Constitution of the Republic, the State must to protect the family as a fundamental core of society and to guarantee conditions that fully favor the achievement of its aims; that, according to the last paragraph of Article 375 of the Constitution of the Republic, the State will exercise the authority for the planning, regulation, control, financing and policy-making of habitat and housing;
That, as the second indent of Article 308 of the Constitution of the Republic states, the State must promote access to financial services and the democratization of credit; the liability of the debtor who maintains a credit with the financial system institutions, so that, in the event of non-compliance, his/her personal assets are not compromised, in addition to the acquired property which is intended for housing or the vehicle for use family or staff; and; in the exercise of the allocation conferred by Article 120 (6) of the Constitution of the Republic, issue the following: ORGANIC LAW FOR THE REGULATION OF
CREDITS FOR HOUSING AND VEHICLES Article 1.-Scope.- This Law regulates housing and vehicle credits, contracted by natural persons, subject to the conditions laid down in the following Articles. The rules laid down in this Law are of public order. Article 2.-Object.- This Law is intended to guarantee people the right to safe and healthy habitat and adequate and dignified housing, as well as access to property, through the regulation of activities. Financial assistance for housing and vehicles. Articu 3.-Conditions.- The debtors of mortgage loans and of the credits contracted for the purchase of vehicles that are subject to the following conditions shall benefit from the requirements of this Law: mortgage: 1. To be indebted to acquire or build the only
family housing or for the remodeling or refitting of the only family housing;
2. That the initial amount of credit does not exceed 500 (five hundred) unified basic wages for private workers; and,
3. That mortgage is provided as a guarantee of the credit granted.
Credit for the acquisition of vehicles: 1. To be indebted to acquire a single vehicle for use
familiar or personal;
2. That the initial amount of the credit does not exceed 100 (one hundred) unified basic wages for private workers; and,
3. That the guarantee of the credit is provided or a reservation of dominion over the vehicle is agreed.
Second Supplement -- Official Registration No. 732 -- Tuesday, June 26, 2012 -- 3
Article 4.- Contracts that are entered into for mortgage and vehicle loans that meet the conditions set forth in This Law shall not be subject to securities, guarantees of solidarity or real guarantees on other goods other than those which are the subject of financing. Nor will other autonomous obligation documents be subscribed in support of mortgage debt or vehicle financing. The titles which are awarded in contravention of this provision shall not be lawful. The guarantee provided for the use of the loans covered by this Law may be extended to cover other loans contracted exclusively for improvements, refurbishments, extensions or repairs of the well-financed. These new credits will also benefit from the requirements of this Law as long as the original credit is pending. Any provision in violation of this rule shall be understood as unwritten. These provisions shall also apply to trusts or any other financial instrument or mechanism which are covered by the claims referred to in the previous Article. The Banking Board or any other regulatory body, in the field of its powers, shall regulate and prohibit any form of circumvention of these rules. Article 5.- The obligations set out in this Law and which are declared to be expired, may be charged through the respective execution or payment of the goods given as a guarantee, thereby extinguishing them. the debt. After the sale or auction of the two-in-a-on-payment guarantee or payment, such obligation shall be extinguished as a result of which the creditor or his successors in law may not pursue the personal property of the debtor or his successors in the right, neither of the conjugal society, nor to initiate the contest of creditors against them, nor even on the grounds of debts outstanding for the costs of proceedings, lawyers ' fees or other expenses, so that the articles 2327 and 2367 of the Civil Code will not be applicable neither the 105 of the General Law of Institutions of the Financial System, nor any other article that objects to the full validity of this Law. For vehicle credits, in the event that the operation has been agreed with an ominy reservation on the vehicle and where the debtor is unable to fulfil the obligation, the debt shall be extinguished at the time the creditor makes use of his or her rights in accordance with the procedure laid down in the Code of Commerce, whereby the creditor may not claim outstanding debts, even for legal costs, lawyers ' fees or other expenses. This provision shall also apply to cases where a guarantee fund or any other financial instrument or facility that guarantees debt has been constituted.
The advertising of auctions and auctions shall include the technological means that allow greater transparency and competition for obtaining the best price. If there is a surplus after the auction or auction in favor of the debtor, it will be delivered to the debtor, as set out in the Code of Civil Procedure.
REFORMATTER PROVISIONS FIRST. - In Article 2327 of the Civil Code, include a paragraph with the following text: "This provision shall not apply in the cases of exception provided for in the law." SECOND.- In Article 2367 of the Civil Code, include the following text at the end of the article: "and the other cases provided for in the law." THIRD.- Add to the end of the innumbered seconds of the Ninth Innumbered Articles (9) and Tenth (10) of Section V of Title II of Book II of the Code of Commerce, added by Article 1 of Supreme Decree No. 548-CH, published in The Official Record No. 68 of September 30, 1963, the following text: "This provision shall not apply in cases excepted by the Law."
GENERAL PROVISIONS
FIRST. - Once the seizure, apprehension or any other procedure of recovery or execution of any of the goods referred to in this Law, the credit will cease to accrue interest. SECOND.- Foreign statements originating in credit operations with housing mortgage securities located outside the country, which pursue the embargo and subsequent remate of movable and immovable property of Ecuadorian citizens They will not be executed in the national territory for contravening the Ecuadorian legal order. THIRD.- For the purposes of Article 26 of the Organic Law of the People's Economy and Solidarity, the real estate awarded by the housing cooperatives and on which they are constituted family patrimony, may be (a) a guarantee of mortgage loans for housing, which may be executed in the manner provided for in this Law and other special rules, in the event that the creditor has a co-active jurisdiction. FOURTH. - The Financial Institutions will not be able to oppose the transfer of their mortgage loans that their clients wish to make to another financial institution that provides the credit in a better condition according to the rights of users and consumers The commitment that the financial institution offering of best credit conditions will assume the payment of that obligation on behalf of the client that so requests, is a requirement. QUINTA.- The regulatory body of the institutions of the national financial system, will annually fix the percentage of mandatory mortgage operations that
4 -- Second Supplement -- Official Registry No. 732 -- Tuesday, June 26, 2012
each entity shall maintain in relation to its technical assets constituted, in function of its nature, object and business, through which issue the general rules necessary for the application of this provision. REPEAL DISPOSITION. - Deroguense expressly all the legal provisions that are contrary to the provisions of the law. FINAL DISPOSITION. - The provisions of this Law shall apply to all processes of execution of guarantees in the field and the conditions of this Law. This Law shall enter into force from the date of 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, at the twenty-one day of the month of June, two thousand twelve. f) DR. JUAN CARLOS CASSINELLI CALI First Vice President, in the exercise of the Presidency f) DR. ANDRES SEGOVIA S. Secretary General CERTIFIED that the National Assembly discussed and approved the ORGANIC LAW FOR THE REGULATION OF HOUSING AND VEHICLE CREDITS , at first debate on April 24, 2012, in second debate on 8 May 2012 and gave a statement on the partial objection of the President of the Republic on 21 June 2012. Quito, June 21, 2012 f.) DR. ANDRES SEGOVIA S., Secretary General.
No. NAC-DGERCGC12-00363
THE DIRECTOR GENERAL OF THE INTERNAL REVENUE SERVICE
Considering:
According to Article 226 of the Constitution of the Republic of Ecuador the institutions of the State, its agencies, agencies, servants or public servants and persons acting under a State power shall only exercise the powers and powers conferred upon them in the Constitution and the law; whereas Article 300 of the Constitution points out that the tax regime will be governed by the principles of generality, progressiveness, efficiency, administrative simplicity, irretroactivity, equity, transparency and sufficiency in collection;
That in accordance with the provisions of Article 8 of the Law of Creation of the Internal Revenue Service, the Director General of the Internal Revenue Service, will issue general and compulsory resolutions, which are aimed at the correct application of laws and regulations; whereas, in agreement, Article 7 of the Tax Code provides that the Director General of the Internal Revenue Service shall dictate circulars or general provisions necessary for the application of the tax laws and for the harmony and efficiency of their administration; whereas Article 73 of the Tax Code provides that the performance of the tax administration shall be carried out in accordance with the principles of simplification, speed and efficiency; that dated November 24, 2011, was published in the Supplement to the Official Register No. 583, the Law on Environmental Promotion and Optimization of State Revenue, which contains several provisions reform of the Law of Internal Tax Regime, in respect of the tax regime of the Excise Tax (ICE); That the non-numbered item added following Article 75 of the Internal Tax Regime Act establishes, that for the case of ICE, there will be three applicable types of imposition: Specific, ad valorem and mixed; corresponding to the first one, a fixed charge for each unit of good transferred by the manufacturer or imported, as appropriate; whereas in accordance with Article 82 of the Law of Internal Taxation with Article 76 of the same legal body, for the case of cigarettes, it is established that the calculation of the ICE taxable will be carried out by applying a specific rate of USD. 0.08 for each cigarette;
That as provided for in Article 82 of the Internal Tax Regime Act, the specific cigarette tariff will be adjusted semstral and cumulatively to May and November of each year, depending on the variation of the last six months of the consumer price index (CPI) for the group in which the good "tobacco" is found, drawn up by the competent public body, discounted the effect of the increase of the tax itself. The new value must be published by the Internal Revenue Service during the months of June and December of each year, and will govern from the first calendar day of the following month;
That according to the information published by the Institute National Statistics and Censuses, INEC, on its institutional website www.inec.gob.ec, the CPI for the tabacos group, of the month of November 2011 is 211.72; and the May 2012 is 254.60; resulting that its biannual variation is 20.25%;
What to discount the effect of the tax itself on the variation of the last six months of the index consumer prices (CPI) for the group where the good is located
