Key Benefits:
ArtAculoA 1Aº. -A Crase the National Development Agency, a non-state public person, who will be domiciled in the department of Montevideo, being able to establish dependencies anywhere in the national territory.
For the purposes of this law it is called "the Agency" and in its action can be identified with the acronym ANDE.
ArtAculoA 2Aº. -A Agency will aim to contribute to productive economic development, in a sustainable way, with social equity and environmental and territorial balance. It will generate effective, efficient, transparent programs and instruments, with special emphasis on the promotion of micro, small and medium-sized enterprises.
ArtAculoA 3Aº. -A The Agency will communicate with the Executive Branch through the Ministry of Economic and Finance. The Executive Branch will be responsible, acting in agreement with the Ministers of the Productive Cabinet, the establishment of strategic guidelines and the Agency's priorities for action.
ArtAculoA 4Aº. -A Agency will have the following tasks:
| A) | Advising the Executive Branch in terms of programs and instruments oriented to productive economic development and the strengthening development capabilities. |
| B) | Design, implement and execute programs and instruments, financial and non-financial, for the promotion of economic development productive, in accordance with the political-strategic guidelines and priorities established by the Executive Branch in agreement with the Productive Cabinet. |
| C) | Promoting, articulating and coordinating the actions of public and private actors linked to productive economic development, ways to enhance synergies between them and make the most of the resources available. |
| D) | Evaluate your programs and instruments on an ongoing basis by giving proper public dissemination of results. |
| E) | Promote the incorporation of knowledge to improve the management of public and private enterprises and organizations linked to productive economic development. |
| F) | Promoting entrepreneurship across national territory. |
| G) | Providing technical assistance, logistic support and advice to any public body and departmental governments, in form directly or through all types of agreements, for the implementation of the strategic guidelines and priorities defined by the Executive Branch. |
| H) | Manage funds, on behalf of third parties, for promotion, promotion, or assistance to productive activities or sectors. |
| I) | Constituting investment funds and trusts and fulfilling any of the functions referred to as trusts in general, financial or any other type that finally has the responsibility of the Agency in accordance with the strategic and priority guidelines, prior to the authorization of the Ministry of Economic Affairs and Finance. |
| J) | Establishing recAproc cooperative relationships with public and private institutions, national or foreign, and with agencies international to allow for the optimal use of resources available for the benefit of the paAs. |
| K) | Acting as a project executor linked to productive economic development funded by loans or grants national or international. |
ArtAculoA 5Aº. -A Are the Agency's bodies: the Directory, General Management, and the Advisory Committee.
ArtAculoA 6Aº. -A The Directory will perform the top management and administration. It will be composed of three members, appointed by the Executive Branch, who will have to accredit a remarkable trajectory linked to the economic development of productive economic development.
ArtAculoA 7Aº. -A Directory will have the most extensive powers of internal administration and conduct of civil and commercial acts for the fulfillment of their tasks.
In particular, it is up to the Directory:
| A) | Dictate the Agency's General Regulation. |
| B) | Approving your employees ' regulation. |
| C) | Designate and terminate your functions to the General Manager. |
| D) | Designate, move, and remove personnel according to the provisions of the Regulation. |
| E) | Approving the Agency's programs and instruments of action in accordance with the guidelines of the Executive Branch acting in agreement with the Productive Cabinet. |
| F) | Approving funding allocations to Agency programs and projects, how to monitor and control the operation of the same. |
| G) | Approving the Agency's operating budget and activity plan. |
| H) | Approving the Agency's annual memory and balance, prior to the Internal Audit of the Nacto. |
| I) | Acquire, tax and dispose of all kinds of goods and, in general, perform all civil and commercial acts, dictate the acts of internal administration and carry out the material operations inherent in its general administrative powers according to the tasks and specialisation of the Agency. |
| J) | Delegate attributions by way of resolution founded and avocate the same at any time. |
| K) | Communicate your resolutions to the Executive Branch. |
ArtAculoA 8Aº. -A duration of the command for the members of the Directory will be five years, renewable once. They may be replaced at any time by the Executive Branch by means of a founded resolution.
The outgoing members will remain in their roles until they assume the new designated members.
ArtAculoA 9Aº. -A The President of the Directory and the other members will receive a remuneration equivalent to that set in the literals A) and b) of the article 9Aº of the Act No. 15,809, dated April 8, 1986, in the wording given by the artAculosA 14 and 530 de la Law No 16,170, ofDecember 1990, respectively, and shall not be, directly or indirectly, beneficiaries of the programmes and instruments by which they are managed and/or administered.
ArtAculoA 10. -A General Management will have the following main functions:
| A) | Develop and submit to the Directory the plans, programs, and budget of the institution. |
| B) | Running the Directory plans, programs, special projects, and resolutions. |
| C) | Manage the Agency's human, material and financial resources, order the monitoring and evolution of the activities of the same, giving account to the Directory. |
| D) | Perform all tasks inherent in the internal organization of the Agency. |
| E) | Any other function that the Directory entrusts or delegates to. |
ArtAculo 11. -A Integration of that Management will be established by the Agency's General Regulation. The General Manager shall have exclusive dedication, being incompatible with its performance or any other remunerated activity, except for teaching.
The General Manager will attend the Directory sessions, in which you will act with voice and no vote.
ArtAculo 12. -A Consultative Committee will have the task of advising the Agency's Board of Directors on the best practices conducive to the fulfillment of the strategic guidelines and the priorities of the Agency. Agency. It will have an honorary cter and will be composed of four members proposed by the Executive Branch in agreement with the Productive Cabinet, four members proposed by the business organizations that are representative of the industry, the agro, services and micro, small and medium enterprises, and a member proposed by the organization more representative of the workers.
ArtAculoA 13. -A The Agency's initial patrimony shall be composed of the difference between the assets and liabilities transferred to it by other bodies, in accordance with the provisions of this law.
ArtAculoA 14. -A Agency's funding sources and sources:
| A) | The income produced by your assets. |
| B) | The revenue resulting from the services you provide in compliance with your tasks. |
| C) | The items that are assigned to you by law. |
| D) | Transfers of public and/or private bodies that are made to the Agency for the execution of programs and instruments. |
| E) | Revenue from any other source of funding obtained for the fulfillment of their tasks. |
| F) | The donations, inheritances, and legacies that you receive. The goods received shall be applied in the form indicated by the testator or donor. |
ArtAculo 15. The Agency shall publish annually an externally audited balance sheet and the opinion of the Court of Auditors, without prejudice to the periodic presentation of other accounting statements that clearly reflect its financial performance.
ArtAculoA 16. -A administrative comptroller will be exercised by the Ministry of Economic and Finance and will be exercised for both legal and opportunity reasons. To this end, the Ministry of Economic Affairs and Finance may make the observations it creates pertinent, as well as propose the suspension of the acts observed and the corrective or removals it considers of the case. In addition, the Ministry of Economic Affairs and Finance will be able to establish mechanisms for external evaluation of the Agency's management.
ArtAculoA 17. -A Services provided by the Agency to public, national or departmental bodies in the framework of their tasks and competencies shall be exempt from the Value Added Tax.
ArtAculo 18. -A Agency will be exempt from all types of current and future national taxes, except social security contributions.
ArtAculoA 19. -As not provided for in particular by this law, its operation shall be governed by Private Law, especially in respect of its accounting, staff regulations, and contracts and/or agreements that celebrate.
ArtAculoA 20. -A Without prejudice to the comptroller held by the Ministry of Economic and Finance, the Internal Audit of the Nacto will have the most extensive powers of audit of the financial management of the Agency.
ArtAculoA 21. -A Agency's assets are inembargable and their credit, regardless of their origin, enjoy the privilege set in the numeral 2) of the article 110 of the Law No 18.387, ofOctober 2008.
ArtAculoA 22. -A Facultation to the Executive Branch to transfer or entrust to the Agency, by the establishment of conventions or contracts, the tasks of administration, organization, execution, coordination or comptroller of all those plans, programmes, funds and instruments whose objective is directly related to the purpose and tasks of the Agency.
ArtAculoA 23. -A Facultation to the Executive Branch to transfer to the Agency, assets and liabilities linked to financial and non-financial projects and programs whose objective is directly related to the purpose and tasks of the Agency.
ArtAculoA 24. -A transfer of assets and liabilities in favour of the Agency, as a result of the transfer of financial and non-financial projects and programmes, to be carried out from any public body or from non-state public persons shall be fully entitled to the date of the conclusion of the respective acts or conventions, or on the date specified therein.
ArtAculoA 25. -A Facultation to the Executive Branch to grant the Agency, the guarantees it requires for the purposes of obtaining internal or external financing in order to execute the programs and instruments for the compliance with their tasks.
ArtAculoA 26. -A Against the resolutions of the Agency Directory will proceed to the resource of reposition, which should be interposed within the ten run days counted from the following to the notification of the act to the data subject.
Once the appeal has been filed, the Directory will have thirty days to instruct and resolve, and will be configured to be denied by the sole circumstance of not being resolved within that period.
Denied the use of reposition, the appellant may, for reasons of legality, bring an action for annulment of the contested act before the Court of Appeals in the Civil Court of Appeal to the date on which the act was issued. The application of this claim must be made within the period of twenty days of the notified refusal or, failing that, of the moment when the refusals are to be set up. The request for cancellation may be filed by the holder of a subjective right or of a direct, personal and legitimate interest, violated or injured by the contested act.
ArtAculoA 27. -A The provisions of the above article will not be applicable in respect of resolutions issued for the execution of contracts. The responsibilities that you will emerge from will be governed by the right of you.
ArtAculoA 28. -A When the resolution will emanate from General Management or General Secretariat, together and subsist with the resource of reposition, the resource may be brought in to the Directory. This resource of repositioning should be brought and resolved within the time limits provided for in Article 26 of this Law. It will also govern, in the relevant, for the resolution of the request of the tribunal and for the subsequent judicial comptroller.
ArtAculoA 29. -A The Agency may incorporate into its staff members those of the National Development Corporation that as a result of its restructuring must be disassociated from it.
Those who are incorporated by this vAa will continue to enjoy the rights and obligations generated in the National Development Corporation until the date of incorporation into the Agency and will be governed by the terms of the collective agreements. to regulate the employment relationships of the National Development Corporation, until the Agency's Official Rules of Procedure are approved.
ArtAculoA 30. -A Facultess to the Office of Planning and Budget to authorize the performance of functions in the Agency of Public Officials that are budgeted in the Executive Unit 005, of the IncisoA 02, asA as those officials of the IncisA who are performing functions in the same at the time of promulgation of the present law.
Autorazase to the Agency to hire directly the officials who are performing functions within the amparo of the provisions of the present article, and they must renounce in definitive form to the public office. In this case, you will proceed to the removal of the asA charges or functions as well as the corresponding budget credits.
ArtAculoA 31. -A Facultation to the Executive Branch to authorize the performance of functions in the Agency of public officials that are budgeted in different Executing Units and that are performing functions linked to programs to support productive development at the time of the promulgation of this law. The power may be exercised within the sixty days of the conclusion of contracts or agreements which agree to the transfer to the Agency of the respective programmes.
Autorazase to the Agency to hire directly the officials who are performing functions within the amparo of the provisions of the present article, and they must renounce in definitive form to the public office. In this case, you will proceed to the removal of the asA charges or functions as well as the corresponding budget credits.
ArtAculoA 32. -A Facultation to the Executive Branch to transfer to the Agency the corresponding funds, for up to the maximum of the non-executed balance of the budget credits allocated to the executing units of the National budget, for the implementation of projects and programmes whose implementation is transferred to the Agency. In the draft budget bill immediately following the promulgation of this law, the Executive Branch will carry out the proposals for the reallocation of budgetary tasks and tasks, in accordance with the provisions of this law in the field of law. of the Agency's tasks.
ArtAculoA 33. -A As of the promulgation of this law and up to the design of its headlines, the agency's superior management and administration will be exercised by the members of the Board of Directors. National Development Corporation.
ArtAculoA 34. -A Sustit, then the artAculo 11 of the Law No. 15,785of 4 December 1985, with the modification introduced by the numeral 5) of the article 83 of the Law No 18.308, ofJune 2008, for the following:
| " ARTACULOA 11.-The National Development Corporation will have the following tasks: |
| A) | Act as a transport infrastructure project dealership, energAa, telecommunications and any other type that are of public use, according to the law, contracts and agreements assigned to them. For these purposes, the Corporation may create or acquire commercial companies or participate in consortia and/or trusts specializing in the exploitation of the concessions or projects granted to them. |
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| b) | Exercise as an administrator and/or project trustee linked to development and maintenance of infrastructure financed with public resources, national or international grants or donations. |
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| C) | Constituency of commercial corporations, consortia and/or trusts with autonomous entities and services decentralized for the purposes of performing infrastructure works or service delivery. |
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| D) | Analyze and prepare investment projects asto identify areas of opportunity in public infrastructure. |
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| E) | Preserving funds, human resources, or accounting administration services and financial, as long as they cannot be provided by other public persons in reason of their tasks. " |
ArtAculoA 35. -A Sustit, then the artAculo 13 of the Law No 15,785of 4 December 1985, for the following:
| " ARTACULOA 13.-The authorized capital of the Corporation is N$A 10,000:000,000 (new weights ten billion). This sum shall be adjusted annually to the 1st of January of each year, in accordance with the variation experienced in the previous twelve months of the General Index of Consumer Prices. The increase of the capital above said Andice will be solved by the Board, with the assent of the representatives of the State and the consent of at least 75% (seventy-five percent) of the shareholders ". |
ArtAculoA 36. -A Sustit-y the literals A) and D) of the artAculo 17 of the Law No 15,785 ofDecember 1985, for the following:
| "A) | With input from the Central Administration". |
| " D) | With contributions that could be made by the Bank of the Eastern Republic of Uruguay in the form and conditions it agrees with the Corporation and prior authorization of the Central Bank of Uruguay. " |
ArtAculoA 37. -A National Corporation for Development's shareholding in the companies formed for the purposes of the service provided by the article 11 of Law No. 15,785of 4 December 1985, with the modification introduced by the numeral 5) of the article 83 of the Law No 18.308, ofJune 2008, in the wording given by Article 34 of this Law, shall be a minority.
ArtAculoA 38. -A Without prejudice to the tasks assigned to the National Development Corporation, set out in the article 11 of the Law No. 15,785of 4 December 1985, with the modification introduced by the numeral 5) of the article 83 of the Law No. 18.308, of 18 June 2008, in the wording given by article 34 of this law, may be able to maintain its current participation in the National Financial Corporation of the Financial Administration of Inversión S.A., as the other commercial companies in which it participates at the time of the promulgation of this law.
ArtAculoA 39. -A National Development Corporation will perform a general restructuring of its operation, in accordance with the provisions of this law on the Agency's tasks. You may also modify your name in order to adjust it to your new tasks.
ArtAculo 40. -A National Development Corporation will transfer to the Agency 40% (forty percent) of the assets, according to the state of patrimonial situation as of December 31, 2008. which 60% (sixty per cent), as a minimum, should be available.
A A A A A A Sala de Sessions de la CA ¡ mara de Senators, in Montevideo, 15 September 2009.
CA-Mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos, la Ley por la que se crea la Agencia Nacional de Desarrollo.
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 Montevideo, Uruguay. Legislative Power. |
