Through External Circular 005 of the past December 18, the Superintendence of the Solidary Economy gave instructions to the supervised organizations of the real sector in relation to acts that may develop the entities in voluntary liquidation:

In accordance with article 111 of the law 79 of 1988, dissolved the solidary entity, will proceed to its liquidation. Consequently, it cannot start new operations in development of his corporate purpose and it only preserves their legal capacity for the acts necessary to the immediate liquidation. In this case, it must add your company name with the words "in liquidation". 

In same direction the article 222 of the Code of Commerce, applicable by the remission referred in article 158 of the law 79 of 1988, establishes that any operation or act alien to the end of the liquidation, except for the expressly authorized by Law, will be responsible to society, partners and third parties, unlimited and solidarity shaped, to the liquidator, and the reviewer Prosecutor (auditor) which has not been opposed.

The solidarity organizations that are in the voluntary settlement process, should abstain of perform different actions to achieve its immediate liquidation; therefore, it cannot generate new credits, not sign these or any other in the payment offices where they have discount code.

In accordance with the law 454 of 1998, article 36 paragraph 7 and 8, the Superintendence of the Solidary Economy, will impose sanctions to those who fail to comply with the law.

The External Circular 005 is available on the Regulations menu (Normatividad) of the internet portal, link: Circulares Externas

MORE PRESS INFORMATION

Mónica Medina- Senia Díaz Salazar

PBX (1) 4895009  Extensions 10280 y 10108

Carrera 7 No. 31-10 Piso 15.

comunicaciones@supersolidaria.gov.co 

www.supersolidaria.gov.co. Bogotá D.C.