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is in charge of controlling the administrative records of people and legal structures and final beneficiaries. In addition, it is the authority in charge of carrying out the controls, supervision and verification of compliance with the legal norms of constitution and operation of the SA and SRL, and the control of the generality of persons and legal structures in the country in terms of their constitution, composition. , authorities and final beneficiaries. This would give the country “real knowledge” of them, the analysis of their behavior over time, the risks that each type represents, their control, ordering, education and sanction.
With respect to the companies mentioned in the CCP, the figure of the trustee is provided as a permanent supervisor of the management and administration of the companies. Among the powers we can mention: a) supervise the direction and administration of the company, for which purpose they must attend with voice, but without vote, the meetings of the board of directors, and the assemblies, to all of which they must be summoned. On the other hand, by Decree No. 4,962 of February 23, 2016, the Ministry of Finance is authorized, through the Treasury Attorney (ABT), to issue regulatory provisions and adopt administrative measures regarding the registration and supervision of Companies. Anonymous and Limited Liability Companies.
In effect, by Resolution AT No. 03/2016, said regulatory provisions and administrative measures are issued regarding the registration and supervision of SA and SRL, which represent approximately 63% and 25% respectively, according to administrative records of legal entities with a cut-off date. 07/13/2020. In said regulations, the requirements, procedures and deadlines are established to analyze requests for constitution, modification, merger, transformation and dissolution of the two types of PJ, from the agency in charge of the ABT. Likewise, the obligations to report on the assemblies with the respective documentation are established, and the sanction in case of non-compliance with legal or regulatory provisions.
Regarding the legal entity with public purposes, each entity has an audit area or internal control of the administrative processes for budget execution or expenditures of the Contracting Operational Units (UOC), which must be governed by the legal regulations
in matter for public tenders. Once the expenditures have been executed, there are controlling bodies such as the General Audit of the Executive Branch, in charge of Control, regulatory technician and supervision of the Agencies and Entities of the Executive Branch. On the other hand, there is the Comptroller General of the Republic, which is the control body of the economic and financial activities of the State, the Departments and the Municipalities, in the manner determined by the National Constitution and by Law No. 276. /94. It enjoys functional and administrative autonomy.
Regarding State and Mixed Economy Companies, analyzing the degree of vulnerability, the former are subject to the rules established in the general budget law of the Nation, plus the control carried out by the MH are factors that determine greater rigor unlike of the Mixed Economy, constituted as SA, which are governed largely (not entirely) by the guidelines of Private Law. The corporate control of these entities, again, depends largely on the shareholders’ meeting, where a single official (the Attorney General) can endorse the actions carried out by the Board of Directors. The Attorney General of the Republic is the representative of the State as a shareholder in public companies. However, the element of corruption has been identified as a common vulnerability in both types of companies.
c. Record
In the group of for-profit legal entities, whether commercial, industrial, services or investment, there are all forms of companies and companies, reasons for which the requirements for creating each type of company were analyzed in this section. according to relevant legal regulations, in order to identify vulnerabilities. In the case of companies, they acquire legal personality upon their registration in the corresponding registry. The lack of registration will not annul the contract, but the company will not acquire ownership or real rights over the registrable assets contributed by the partners.8 No unregistered stipulation that deviates from the regime established by the CCP, whether restricting the rights of those or the powers conferred on the administrators. In the case of the EIRL, they will not be able to start their activities before their registration in the Public Registry. or Commerce. The EAS acquires legal personality from its registration with the department of the Ministry of Finance in charge of registration. Once the registration
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