Categories: Commercial and Corporate Law
The Legislative Assembly of the Republic of Costa Rica authorized the Extension in the Appointments of Boards of Directors and other Bodies in Civil Organizations, which expire in 2020, with a term extended to the year 2021 before the declaration of national emergency by Covid -19.
In such a way, the extension will be applied to the members of the organizations that due to the national emergency by the Covid-19 failed to hold the assembly for these appointments. What is sought is to ensure the functioning of these organizations, which must also comply with the protocols of the Ministry of Health in the face of the pandemic.
The administrative and directive boards of the organizations covered by the Constitutive Law of the Association of Guides and Scouts of Costa Rica were incorporated into the application of this law; the government boards or directive boards, as well as the Public Prosecutor’s Offices and any other organ of the Professional Colleges; the board of directors of the National Union of Local Governments (UNGL); and the board of directors of the Costa Rican Network of Municipal Women, the delegates of the National Coffee Congress, members of the board of directors of the Costa Rican Coffee Institute or any other appointment made under Law 2762.
The authorization of authorization of extension in the appointments boards of directors and other organs in the civil organizations file number 21.933 June 15, 2020. In the Scope No. 149 to the Gazette No. 146 of June 19, 2020, published Law No. 9866, was typified as follows:
Article 1.- Appointments that have expired as of March 1, 2020 and expire before December 31, 2020, inclusive, or that must carry out their renovation processes, are considered to be extended, for up to an additional year. During this period, from the following organs and social organizations:
a) The administrative boards of foundations and the executive boards of unions and development associations and any other body, constituted in accordance with the laws: Law 5338, Law on Foundations, of August 28, 1973; Law 2, Labor Code, of August 27, 1943 and Law 3859, Law on Community Development, of April 7, 1967, respectively.
b) The boards of directors, delegates to the general assembly, the vigilance, education, social welfare committees and any other committee established in the law or in the statutes of cooperative associations, in accordance with Law 4179, Law of Cooperative Associations , of August 22, 1968.
c) The boards of directors constituted in accordance with Law 7933, Law Regulating the Property in Condominium, of October 28, 1999, and their administrators.
d) The boards of directors and the public prosecutor of the solidarity associations, in accordance with Law 6970, Law of Solidarity Associations, of November 7, 1984.
e) Boards of directors, government councils or its governing body of federations or confederations that are made up of foundations, unions, development associations, cooperatives, solidarity associations and professional associations.
f) The appointments of the electoral courts or of the organ in charge of the organization, direction and control of the election of some of the organs indicated in the preceding paragraphs.
g) Commercial companies.
h) Organizations constituted by Law 3859, Law on Community Development, of April 7, 1967, on community development.
i) The national directory and any other organ of the Assembly of Workers of Banco Popular and Communal Development, Law 4351, Organic Law of Banco Popular and Communal Development, of July 11, 1969.
j) The administrative and directive boards of the organizations protected by Law 5189, Law Establishing the Association of Guides and Scouts of Costa Rica, of March 29, 1973, amended by Law 5894, Protocol of Reforms to the Law Establishing the Scout Association of Costa Rica, of March 12, 1976.
k) The government boards or directive boards, as well as the prosecutors’ offices and any other organ of the professional associations, in accordance with the respective laws by which they are governed.
l) The board of directors of the National Union of Local Governments (UNGL), in accordance with Law 5119, Law that Recognizes Legal Personality and Legal Capacity of the Union or League of Municipalities of the Province of Cartago as well as its Bodies: Provincial Council and the Directive Council, of November 20, 1972.
m) The Board of Directors of the Costa Rican Network of Municipal Women, constituted by Law 218, Associations Law, of August 8, 1939.
n) The delegates of the National Coffee Congresslero, members of the Board of Directors of the Costa Rican Coffee Institute (Icafé) or any other appointment made under Law 2762, “Law on the Regime of Relations between Producers, Beneficiaries and Exporters of Coffee, of June 21, 1961.
The final term of the appointments boards of directors group to which the automatic extension would apply could be extended by another additional period of up to a maximum of six months, if so determined by the Ministry of Health through an administrative resolution, in accordance with the epidemiological behavior of the COVID-19 in the national territory.
This extension operates as a matter of law, so it does not require any registration or annotation in the registry entry of the entities that are the object of this rule, to be valid and effective.
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