I.- FINANCIAL, INSURANCE AND SECURITIES MARKETS
1.- Rules for the authorization and approval of operations of General Deposit Warehouses.
The Superintendency of Banks, by means of Resolution No. SB-2022-1859, resolved to add “Chapter V “Rules for the authorization and approval of operations of General Deposit Warehouses” to Title II “On the constitution and issuance of the authorization for
operations of the Almacenes Generales de Depósitos” in Title II “On the constitution and issuance of the authorization for the exercise of financial activities and permits for the operation of the entities of the Public and Private Financial Sectors”, Book I of the Codification of the Norms of the Superintendency of Banks”.
Thus we find that Article 1 of the aforementioned regulation states that “general deposit warehouses may operate through leased field warehouses, which must provide all the services required by the Superintendency of Banks”.
leased, which must provide all the facilities for the storage of merchandise”.
Translated with www.DeepL.com/Translator (free version)
Click to see the full resolution.
II.- TAXATION
1.- Rules to regulate the obligation to submit information regarding beneficial owners, as well as the information of the members of the corporate composition to the IRS.
The Internal Revenue Service through Resolution No. NAC-DGERCGC22-00000046, published in the Fourth Supplement of the Official Gazette No. 160 of September 30, 2022, issued the “Rules to regulate the obligation to submit information regarding the beneficial owners, as well as the information of the members of the corporate composition before the IRS”.
Said regulations “regulate the presentation of information regarding the beneficial owners of the obligated entities, as well as the information of the members of their corporate composition, before the Internal Revenue Service as the authority empowered by law to keep the Registry of Beneficial Owners”. Article 5 determines the following obligations:
“Article 5.- Obligations.- Legal persons and legal structures, through their legal representatives, administrators, fiduciary agents or protectors, as the case may be, or whoever represents them in accordance with the law, are obliged to:
1. identify their beneficial owners, in addition to verifying and updating the information related to them, in accordance with the provisions of this Resolution, and the applicable regulations;
2. Identify each member of their chain of title;
3. To submit in a complete and accurate manner to the Internal Revenue Service the annex to be provided by this authority through a general resolution, in order to obtain the information on beneficial owners and members of the chain of title, in the form, term, content and conditions established in the same resolution; and,
4. To have the supporting documentation supporting the residency of its corporate chain.”
Click to see the full resolution.
2.- Updating of the list of States considered as Tax Havens, Preferential Tax Regimes and Lower Taxation Regimes or Jurisdictions.
The Internal Revenue Service through Resolution No. NAC-DGERCGC22-00000049 resolved to amend Resolution No. NACDGERCGC15-00000052, which establishes the list of tax havens and the rules that regulate the qualification of jurisdictions of lower taxation and preferential tax regimes.
With this reform, the Republic of Albania, the Republic of Cyprus, among other States, are no longer considered as tax havens, preferential tax regimes or jurisdictions of lower taxation.
Click to see the full resolution.
3.- Amendments to the Instructions for the application of the transaction in tax matters (Version 1.0), Resolution NAC- DGERCGC22-00000036 and Resolution NAC- DGERCGC15-00000249 and its amendments, in order to adapt the provisions on the transaction in tax matters.
Through Resolution No. NAC-DGERCGC22-00000053, published in the Second Supplement to Official Gazette No. 178 of October 27, 2022, the Internal Revenue Service issued several Instructions for the application of the transaction in tax matters (Version 1.0), Resolution NAC- DGERCGC22-00000036 and Resolution NAC- DGERCGC15-00000249 and its amendments, in order to adapt the provisions on the transaction in tax matters.
Click to see the full resolution.
III.- PUBLIC PROCUREMENT
1.- RESOLUTION št. R.E-SERCOP-2022-0127 (MODEL PURCHASE ORDER – SMALL AMOUNT)
The General Directorate of the National Public Procurement Service issued Resolution No. R.E-SERCOP-2022-0127, which annexes to the resolution the model “purchase order – small amount” version 1.0 applicable to the small amount procedure, to be used by all Contracting Entities provided for in Article 1 of the Organic Law of the National Public Procurement System.
Click to see the full resolution.
2.- AMENDMENTS TO EXTERNAL RESOLUTION NO. R.E.-SERCOP-2016-0000072 (AMENDED), PUBLISHED IN THE SPECIAL EDITION OF THE OFFICIAL REGISTRY NO. 425, DATED JANUARY 29, 2018, WHEREBY THE CODIFICATION AND UPDATING OF RESOLUTIONS ISSUED BY THE NATIONAL PUBLIC PROCUREMENT SERVICE WAS ISSUED.
The General Directorate of the National Public Procurement Service issued Resolution No. RE-SERCOP-2022-0129. RE-SERCOP-2022-0129, which issues the codification and update of the resolutions issued by the National Public Procurement Service, reforming the model specifications of the procedures for works, goods and services, special regime (except those provided for in number 8 of Article 2 of the LOSNCP) and consulting, based on the provisions of this resolution; which will be applicable from the time of its publication, without prejudice to the updates of the Public Procurement Facilitator Module that are in the process of implementation.
Clic para ver la norma completa.
3.- AMENDMENT TO THE GENERAL REGULATIONS OF THE ORGANIC LAW OF THE NATIONAL PUBLIC CONTRACTING SYSTEM.
The General Regulations to the Organic Law of the National Public Procurement System were amended in SECTION IV, Article 192 with respect to the contracting of social communication to disseminate the actions of the national government or of the contracting entities; these regulations entered into force on October 18, 2022.
Clic para ver la norma completa.
IV.- OTHER NEWS
1.- X Latin American Marine Insurance Congress
The X Latin American Marine Insurance Congress, organized by the Latin American Association of Marine Underwriters, was held in Mexico City from Monday October 17 to Wednesday October 19 of this year. Our partners, attorneys Jorge Lince Manrique and Miguel Saltos Orrala, participated in this meeting of professionals specialized in marine insurance in the region.
The X Latin American Congress of Marine Insurance received close to 600 participants from different countries of the continent. The main themes of the different conferences and workshops were focused on the analysis of the current and future situation of the marine insurance sector.
2.- Commitment of services for the active members of the Association of Real Estate Brokers – Guayas.
On Friday, October 28, 2022, our law firm agreed with the Association of Real Estate Brokers of Guayas (ACBIR Guayas) to provide specialized legal services to the active members of said association.
In this way, Lince-Saltos & Asociados and ACBIR Guayas have strengthened professional ties based on the shared values between these two organizations.
DISCLAIMER: The text contained in this newsletter is for informational purposes only. Lince – Saltos & Asociados is not and shall not be liable for any loss or damage caused as a consequence of having acted or failed to act on the basis of the contents of any of the notes contained herein.
