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The reform will allow goods to be seized from the free zone by abandoning the operation of the free zone



A reform project was announced at the Economic Commission for New Ideas.

A reform project was announced at the Economic Commission for New Ideas.

If a company ceases to operate within 10 working days ‘without just cause’, it will be considered ‘abandonment of activity’ and legal proceedings will be taken in accordance with the proposed amendments to the ‘Industrial and Commercialization Free Zone Law’. It was approved by the Economic Commission yesterday.

The Nuevas Ideas proposal expands the judicial process to issue declarations of waiver of activity and payment of obligations. Company assets could be seized and sold to pay wages and benefits owed to workers in the first place, as well as debts to the Treasury.

The Ministry of Labor is empowered to make specific rules for companies located in free trade zones in labor matters. Anabel Belloso, FMLN Deputy Director

dispose of the goods.

If a Free Zone User company or a DPA owner abandons an activity or closes a business, the reform may require that a request for declaration of abandonment be made by the Attorney General of the Republic or an interested party. indicates that it will be presented. Abbreviated process before civil and commercial judges.

If the request is accepted by the court, as a precautionary measure, an order is issued to “take a physical inventory of the assets on the company’s premises and then seize those assets.”

The law now provides that a judicial declaration of renunciation results in a preventive seizure of assets and deposit of the same prior judicial resolution.

Each appraisal and sale at public auction of the seized property will take place until the renunciation is declared and the company has a pending financial obligation.

Six months after the declaration of release is issued, the judge will pay creditors in the following order of priority: Taxes, tariffs, tax rates, contributions and penalties favorable to the Ministry of Finance. procedural costs of the abandonment and cessation process; and other liabilities.

Nuevas Ideas Member of Parliament Elisa Rosales said:

Rodrigo Ávila of the Nationalist Republican Alliance (Arena) called the procedure “positive” and clarified the rules for new investors.

It is considered that if the payment of salaries and other benefits to the company’s employees is not resolved, the courts must act directly. Elisa Rosales, Representing New Ideas

labor flexibility.

Anabel Belloso of the Farabundo Martí National Liberation Front (FMLN) said the reform would include empowering the Ministry of Labor to formulate rules to “facilitate relations” between companies and their employees regarding working hours and working hours. questioned the inclusion of time.

“In the long run, it violates workers’ rights because overtime and other benefits are not paid. It becomes a mechanism of exploitation disguised as a holiday,” Veloso said.

The reform also abolishes free zone advisory boards and empowers the economy ministry to create a ‘speaking forum’ between workers, companies benefiting from the law and the government.

Abandonment or Closure Judicial Process

The reform established a simplified procedure for declaring the renunciation of business activities in free zones in civil and commercial courts.

1.- Precautions
Foreclosure of assets. Upon approval of the request for declaration of abandonment, the seizure of the goods on the company’s premises will be declared and deposited with the General Department of Customs.

2.- Location
The edict is published in newspapers. If the person summoned has an unknown address or is out of the country, the summons is ordered by royal decree published in a printed newspaper.

3.- Cancellation
decree of waiver. The Ministry of Economy, Trade and Industry will proceed with revoking benefits to companies that have abandoned their activities and disqualification of permitted areas.

4.- Public auction
payment of company obligations; If the company is confirmed to have outstanding debts, the retained assets are sold at public auction and the judge pays the creditors.

Source: Diario Elmundo

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