Communicated to the Public Opinion
04 June 2013
The Superintendence of the Solidary Economy
It informs to the Sector and the community in general that:
In accordance with the provisions of law 454 of 1998 which determines the conceptual framework that regulates the solidary economy, transform the National Administrative Department of Cooperatives - DANCOOP in the National Administrative Department of the Solidary Economy - DANSOCIAL and creates the Superintendence of the Solidary Economy as a body of technical nature, attached to the Ministry of Finance and Public Credit, with legal personality, administrative and financial autonomy.
Under the Act, the President of the Republic shall exercise through the Superintendence of the Solidary Economy the inspection, monitoring and control of the financial activity of the cooperative and on the services of credit and savings of the funds of employees and mutual associations.
In the case of cooperatives that performing in its legal object activity of transportation, they are under the supervision of the Superintendence of Ports and Transport, as be the institution of the State competent for this purpose.
The cooperatives of transportation under the provisions into the Decree 101 of 2 February 2000 are under the supervision of the Superintendence of Ports and Transport who exercises the functions of inspection, surveillance and control that correspond to the President of the Republic as Supreme Administrative authority in the area of transit, transport and its infrastructure.
The Decree provides in its article 42:
Shall be subject to inspection, monitoring and control of the Superintendence of Ports and Transport, exclusively for the exercise of the delegation envisaged in articles 40, 41 and 42of Decree 101 of 2000, or in the rules that change it, the following natural or legal persons:
The legal persons with or without non-profit, one-person companies and natural persons who provide public transportation service.
The above ruling ratified it No.11001-03-15-000-2001-0213-01 of March 5, 2002,handed down by the Council of State, Room Full of Contentious Administrative, by which it was decided the negative powers dispute between the Superintendence of Ports and Transport and the Superintendence of the Economy of Solidary, Providence that attributed the competence to perform the duties of inspection, monitoring and control of which try to articles 83, 84 and 85 of the law 222 of 1995, with regard to the economic entities whose object is the provision of transportation service to the Superintendence of Ports and Transport.
ENRIQUE VALENCIA MONTOYA