MUNICIPAL ENTERPRISES II
By: Attorney Eduardo Lara Salazar
I consulted the Chair University students about purpose of the Municipal Corporation and others.
As appeared in the previous article, we seek the satisfaction of collective needs in a more expeditious. Are often used in management of public services is frequently seen in action on urban and household, management of waste management, gas distribution, potable water, among others.
When you use a corporate form should follow guidelines set out by the Commercial Code (CComV, 1955), for its establishment and daily execution, and that the Organic Law of Public Administration (LOAP, 2008 ) cautions that are governed by commercial law, this statement is not exact, since they will be subject to care standards and inspection of Administrative Law. So much so that some practitioners of this specialty have said it is a mixed system.
To speak of a Municipal Corporation should have an equivalent greater than fifty percent (50%) of the shares, as determined by the Organic Law on Public Financial Management (2010) or the Comptroller General and the National Fiscal Control System (2010).
way of assessing the group a question arose in connection with some types of businesses provided by the CComV (1955); These calls are limited partnerships and collective noun. The more alert immediately indicated that they are in use, to which he answered - to deepen the evaluation activity - that this fact does not mean it can not be taken for this, to paraphrase the rule of Venezuelan Civil Code (1982) on the currency and validity of the law. After a discussion focused analysis - continuing with the question - if the City should or should not be a municipal corporation under those for that of the solidarity of its members with business assets. The conclusion was immediate: not feasible because it would imply that it would violate standards of budget, planning, execution and fiscal control by the absolute solidarity.
Another of the activities undertaken in that session of classes was on the regime of goods, labor, budget execution and control of the Municipal by local bodies.
Returning again legal texts is found that people who work in a body governed by labor laws, as the Law of the Civil Service Statute (2002) only regulates relations among them officials? operate with autonomous bodies and institutions, in terms of industry the national budget must approve the draft budget for the fiscal year that financial and guardianship, while - in control - you must create an internal audit unit, without prejudice to the powers exercised by the City Council or the City Comptroller, without ignore the call the Citizen. It is critical that public resources are allocated for the creation and performance of the Municipal Corporation, which makes it an inescapable element of control and monitoring.
creation tools in determining the system of administration, mode of appointment of directors, duration, withdrawal or liquidation procurement of goods or their acquisition, among others.
This means that many companies are having assets that can be produced by the body or the body that creates them, sometimes comes from donations or other forms of contract.
For reasons of service could result in an entity born of another. The LOAP has provided in its articles. Examples at the national level are the basic business calls in the Guayana Region.
occasionally may seek a holding company for the provision of a service, in the area of \u200b\u200bdrinking water, national level has to HIDROVEN CA and subsidiaries: CA HIDROCAPITAL, CA HIDROCENTRO, among others.
Another detail of interest is not looking to earn profit, even if they can perform acts that generate, the premise here is that the proceeds be reinvested - as a first step - in the social order.
reader is suggested to take a look at some articles that I wrote called "From the Competition Council", "From Municipal Organization and Management", "The local planning council" or "Of the CLPP" " according to their Community Councils Act of 2009 "," Media Municipal Management "," The Social Control, "" City and Planning "," Municipal and Public Services "," City and Budget "," From the Municipal Treasury "," municipal property "," The Parish in the LOPPM 2010 "," Of the Means of Participation ", among others, as published in www.eduardolarasalazar.blogspot.com and www.tecnoiuris.com (Municipal Law Legal Podium)
Another time he touch on other aspects related to the topic.
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