Skip to main content

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

Can property lent under a commodatum agreement be acquired by prescription?

Can property lent under a commodatum agreement be acquired by prescription?

A commodatum is a contract through which a person lends property free of charge for another person to use, with the obligation to return it. Under the Ecuadorian legal system, the borrower does not acquire possession but only mere holding of the property, which means it cannot be acquired through acquisitive prescription unless a proven interversion of title occurs.

Processing of Proposed Laws Classified as Urgent Economic Matters

Processing of Proposed Laws Classified as Urgent Economic Matters

Proposing urgent economic bills is one of the powers of the Executive Function; however, these must be submitted to the National Assembly for approval, modification, or rejection. In accordance with the Constitution and the Organic Law of the Legislative Function, a failure to issue a ruling results in the immediate enactment of the project by operation of law.

Fast Fashion in Ecuador: Legal Protection, Boundaries, and Emerging Challenges in the Creative Industry

Fast Fashion in Ecuador: Legal Protection, Boundaries, and Emerging Challenges in the Creative Industry

The impact of fast fashion on the Ecuadorian intellectual property system, explaining which elements of fashion can be legally protected, which are not eligible for protection, and what the main challenges are for designers and brands when facing potential infringement.

Piercing the Corporate Veil in Ecuador: When limited liability no longer protects shareholders

Piercing the Corporate Veil in Ecuador: When limited liability no longer protects shareholders

Limited liability is one of the main advantages of incorporating a company. However, in Ecuador this protection is not absolute. Courts may apply the doctrine of piercing the corporate veil and extend liability to shareholders or directors when the company has been misused. This has become increasingly relevant in commercial litigation and debt recovery cases.

Nice Classification: Summary of Goods and Services for Trademark Registration

Nice Classification: Summary of Goods and Services for Trademark Registration

The Nice Classification constitutes the cornerstone of the international system used to organize goods and services for trademark registration purposes and is administered by the World Intellectual Property Organization (WIPO). The system divides goods and services into 45 classes and serves as the technical foundation for determining the scope of trademark protection. Its proper application is essential to ensure adequate protection and to avoid limitations or potential conflicts.

1 2 3 4 16