Quevedo & Ponce

Quevedo & Ponce - Legal News

New Rules for Communal and Savings Funds: A Framework of Control and Transparency

On September 10, 2025, the Superintendence of Popular and Solidarity Economy (SEPS) issued the Control Regulation for the Incorporation, Governance, and Liquidation of Communal and Savings Funds, a resolution published in Official Registry Supplement No. 135 on September 30, 2025, which will be in force since November 20, 2025.

This new regulatory framework represents a milestone in the governance of the popular and solidarity financial sector, establishing clear rules for the operation, supervision, and eventual liquidation of these entities.

In accordance with the Constitution of the Republic and the Organic Monetary and Financial Code, communal and savings funds constitute instruments of financial inclusion and community cooperation. Their role is essential: they enable community, trade, family, or neighborhood groups to manage resources, grant internal loans among members, and strengthen the popular economy.

The approved regulation introduces several key provisions:

  • Incorporation and Legal Personality: requires a verifiable common link, a minimum of ten founding members, and the submission of statutes and incorporation minutes.
  • Governance and Internal Control: entities must maintain governance, executive, and supervisory bodies, subject to rules on transparency, accountability, and limits on the re-election of authorities.
  • Risk Management: mechanisms for the prevention of money laundering and the financing of criminal activities are reinforced.
  • Liquidation Procedures: detailed processes are established for voluntary, compulsory, or judicial dissolution, ensuring the protection of members and the fulfillment of outstanding obligations.

 

A key aspect is the extraordinary transitional regime, which obliges existing funds to update their statutes and register in the public registry within a specified period. Simultaneously, a moratorium has been established, prohibiting the incorporation of new communal and savings funds, except in expressly regulated extraordinary incorporation and adaptation processes.

In conclusion, this regulatory framework seeks to balance community autonomy with legal and financial security, providing greater transparency and stability to the popular and solidarity financial sector in the country.

At Quevedo & Ponce, we provide comprehensive legal advisory services for the incorporation, statutory adaptation, regulatory compliance, and liquidation of entities within the popular and solidarity financial sector. Our team, specialized in financial and corporate law, ensures strategic and rigorous guidance before the regulatory authorities.

Más Artículos

Avoid Fines which rank from 2 to 20 Basic Salaries! – Gender Equality Plan for Companies in Ecuador

Avoid Fines which rank from 2 to 20 Basic Salaries! – Gender Equality Plan for Companies in Ecuador

The Equality Plan must be registered before July 31, 2025, with the Ministry of Labor, or fines ranging from 2 to 20 basic salaries will be imposed on companies and public institutions that fail to comply with the law. This Plan ensures equal treatment and opportunities between women and men in the workplace, promoting inclusion and aiming to eliminate discrimination.

“Bimbo” Brand Rejected in Switzerland: The Importance of Cultural Perceptions in Trademark Registration

“Bimbo” Brand Rejected in Switzerland: The Importance of Cultural Perceptions in Trademark Registration

In the world of intellectual property, trademark protection involves not only legal aspects but also the social impact of the terms used. A recent case in Switzerland highlights how a trademark can be rejected if its name has immoral or insensitive connotations towards specific social groups.

Administrative Tribunal of Quito Protects the Rights of a Designation Of Origin Registered in the European Union and WIPO

Administrative Tribunal of Quito Protects the Rights of a Designation Of Origin Registered in the European Union and WIPO

Quevedo & Ponce successfully acted on behalf of the Consorzio Produttori e Tutela della DOP FONTINA in response to a lawsuit filed by an Ecuadorian company, which primarily argued that FONTINA was not registered in Ecuador. However, the Administrative Litigation Tribunal located in the Metropolitan District of Quito upheld the challenged administrative act, citing the risk of consumer confusion and applying Decision 486 of the Andean Community, emphasizing the importance of protecting designations of origin, even without formal registration in Ecuador.

How to Protect Your Business from Litigation: Basic Legal Tips

How to Protect Your Business from Litigation: Basic Legal Tips

Litigation can pose risks to your company’s resources and reputation. To prevent such risks, it is essential to adopt preventive measures, including drafting clear and comprehensive contracts, ensuring compliance with labor laws, safeguarding intellectual property, maintaining transparent accounting practices, engaging the services of a specialized attorney, and promoting internal conflict resolution. With appropriate legal counsel, you can protect your business and ensure its uninterrupted growth, free from legal disruptions.

No severance compensation for public servants in cases of voluntary retirement to benefit from retirement: New binding jurisprudential precedent for Ecuador

No severance compensation for public servants in cases of voluntary retirement to benefit from retirement: New binding jurisprudential precedent for Ecuador

This resolution specifically applies to public servants who retire (cease their duties) to benefit from retirement, as provided in Article 47 of the Organic Law of the Public Service (LOSEP)

1 11 12 13 14 15