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February 10, 2014In force

Reform of the Organic Law of the Bar Association

Congreso Nacional

  • Decree: 311-2013
  • Published: February 10, 2014
  • Issuing body: Congreso Nacional
  • Gazette: 33,351
  • Category: Administrative

Summary

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This law reforms the Organic Law of the Bar Association of Honduras by establishing salaries for directors and creating the Social Security Institute for Legal Professionals. The Institute protects social benefits and pensions for affiliated lawyers, managing funds generated by certificates and mandatory member contributions.

Considerations

Whereas the Honorable Citizen, Doña Alba Nora Gúnera Osorio, has rendered valuable services to the country in the field of politics and public service.

Whereas it is proper to honor Citizen Doña Alba Nora Gúnera Osorio by granting her recognition on the part of this National Congress.

Whereas it is within the authority of the National Congress to decree awards and grant privileges to citizens who have served the nation.

Whereas this National Congress of the Republic deems it necessary to protect and consolidate the patrimony of the Bar Association of Honduras with respect to the social benefits of its members.

Whereas with the purpose of protecting and consolidating the patrimony of the Bar Association of Honduras with respect to social security, it is necessary to grant the status of Law of the Republic to the Social Security System Regime of Legal Professionals.

Whereas the National Congress approved Decree No. 71-2013 dated May 8, 2013, containing a Tax Amnesty until December 31, 2013, for the payment of interest, penalties, charges or surcharges resulting from arrears in administrative and judicial proceedings.

Whereas in view of the difficult economic situation that afflicts the country, combined with unemployment and low productivity levels, there is a daily increase in taxpayers who enter credit reporting bureaus in arrears status, and this generates the inability to meet their obligations within the timeframes stipulated by the tax collection agencies of our country.

Articles

Article 1.-

Grant Recognition to the Honorable Deputy Citizen ALBA NORA GUNERA OSORIO, consisting of a Gold Medal and Parchment, for her relevant services to the nation. Grant her a Life Pension, consisting of the value of the last salary accrued as Deputy in the National Congress, beginning from the month of February of the present year and continuing thereafter.

Article 2.-

The National Congress shall grant the Recognition referred to in the preceding Article to the Honorable Deputy Doña Alba Nora Gunera Osorio, in a Solemn Session.

Article 3.-

This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the fifteenth day of the month of January of two thousand fourteen. MAURICIO OLIVA HERRERA PRESIDENT, BY LAW RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Let It Be Executed. Tegucigalpa, M.D.C., January 24, 2014. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Foreign Relations. ROBERTO OCHOA MADRID Legislative Branch (DECREE No. 326-2013) NATIONAL CONGRESS. WHEREAS: This National Congress of the Republic deems it necessary to protect and consolidate the assets of the Bar Association of Honduras with respect to the social benefits of its members. WHEREAS: In order to protect and consolidate the assets of the Bar Association of Honduras with respect to social welfare, it is necessary to grant the category of Law of the Republic to the Social Security Regime of the Legal Professional Institute. THEREFORE, DECREES:

Article 1.-

Reform Article 29 of the ORGANIC LAW OF THE BAR ASSOCIATION OF HONDURAS, approved by Decree No. 18 dated September 18, 1965, which shall read as follows:

Article 29

The Positions of President, Secretary and Treasurer of the National Executive Board shall receive for their services rendered a bonus not exceeding the following:

  • 1)

    President, Forty Thousand Lempiras (L. 40,000.00);

  • 2)

    Treasurer and Secretary, Thirty Thousand Lempiras (L. 30,000.00); and,

  • 3)

    The remaining positions shall accrue per diems that in total may not exceed Fifteen Thousand Lempiras (L. 15,000.00) Monthly. Such stipends must be duly liquidated. The per diems must be subject to attendance of each member at the meetings to which they are convened".

Article 2.-

Reform by addition the LAW OF THE BAR ASSOCIATION OF HONDURAS, contained in Decree No. 18 dated September 18, 1965, in the sense of incorporating a New Chapter to be denominated "CHAPTER XVII-A OF THE SOCIAL SECURITY INSTITUTE OF THE LEGAL PROFESSIONAL", and its corresponding articles under the denominations of 80-A to 80-G, which shall read as follows:

Article 80-A

The Social Security Institute of the Legal Professional is created as an autonomous body with legal personality and patrimonial and administrative independence, with indefinite duration which shall be denominated "The Institute" whose domicile shall be the municipality of the Central District with authority at the National Level".

Article 80-B

The Social Security Institute of the Legal Professional has the purpose of granting its affiliates the social benefits established by Law, in accordance with its economic capacity and based on actuarial studies conducted for that purpose".

Article 80-C

The Assets of the Social Security Institute are constituted by:

  • a)

    Its current assets;

  • b)

    Mandatory individual contributions of its members;

  • c)

    Ninety-two percent (92%) of the resources generated by the sale of authenticity certificates, matrimonial documents, stamps and any other that may be created in accordance with Law; and, d) Inheritances, bequests and donations that it receives. For the guarantee, efficiency and transparent management of the resources referred to in subparagraph c) of this Article, a trust must be established with an institution of the banking system, within a period not exceeding sixty (60) days".

Article 80-D

The National Executive Board of the Institute must be composed of the following members:

  • a)

    President of the National Executive Board of the Bar Association of Honduras or their respective alternate who shall preside;

  • b)

    Two (2) property representatives or their respective alternates nominated by the Executive Board of the National Association of Retirees and Pensioners of the Bar Association of Honduras, appointed by its Executive Board;

  • c)

    One (1) property representative or their respective alternate appointed by the National Executive Board of the Bar Association of Honduras; and,

  • d)

    One (1) representative or their respective alternate appointed by the Court of Honor of the Bar Association of Honduras".

Article 80-E

The Administration of the Social Security Institute of the Legal Professional must be in charge of the National Executive Board and of a General Manager, who must be appointed by simple majority by the National Executive Board of the Institute".

Article 80-F

The resources administered by the Social Security Institute of the Legal Professional cannot be directed to purposes other than those established in this Law; except for investments that yield returns to the Institute and suggested by the trustor and approved by the National Executive Board of the Bar Association of Honduras".

Article 80-G

The current expenses incurred by the administration of the Institute shall not exceed ten percent (10%) of the income received in the same period. Those who violate this provision shall incur civil, administrative and criminal responsibility".

Article 3.-

TRANSITIONAL. The provisions contained in the Statute of the Social Security Institute of the Legal Professional remain in force, provided that they do not conflict with the provisions approved in this Decree. The Bar Association of Honduras must proceed to implement the recommendations established in the actuarial study conducted on the assets of the Social Security Institute of the Legal Professional.

Article 4.-

This Decree shall enter into force as of the day of its publication in the Official Gazette "LA GACETA". Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the fifteenth day of the month of January of two thousand fourteen. MAURICIO OLIVA HERRERA PRESIDENT, BY LAW RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Let It Be Executed. Tegucigalpa, M.D.C., January 24, 2014. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Offices of Interior and Population. CARLOS ÁFRICO MADRID HART Legislative Branch (DECREE No. 399-2013) THE NATIONAL CONGRESS. WHEREAS: The National Congress approved Decree No. 71-2013 dated May 8, 2013 containing the Tax Amnesty until December 31, 2013, for the payment of interest, fines, charges or surcharges caused by arrears in administrative and judicial proceedings. WHEREAS: Given the difficult economic situation afflicting the country combined with unemployment and low productivity levels, the number of taxpayers entering credit bureaus in arrears status increases daily and this causes them to be unable to pay their debts in the timeframes stipulated by the revenue collection agencies of our country. THEREFORE, DECREES:

Article 1.-

Reform Article 1 of Legislative Decree No. 71-2013 dated May 8, 2013, which shall read as follows: "ARTICLE 1. Grant MUNICIPAL TAX AMNESTY for the payment of interest, fines, charges or surcharges caused by arrears in administrative and judicial proceedings accumulated as of December 31, 2013, such as Taxes on Real Property, Public Services, Contribution for Improvements, Industry and Commerce, Fees or surcharges thereon. Natural and legal persons may deposit until July 31, 2014, in accordance with what is established in this Decree, the concepts they owe to the Municipalities at the national level".

Article 2.-

This Decree enters into force as of the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the twentieth day of the month of January of two thousand fourteen. JUAN RAMÓN VELÁSQUEZ NÁZAR PRESIDENT, BY LAW RIGOBERTO CHANG CASTILLO SECRETARY ELISEO NOEL MEJÍA CASTILLO SECRETARY To the Executive Branch. Therefore: Let It Be Executed. Tegucigalpa, M.D.C., January 24, 2014. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Finance. WILFREDO CERRATO RODRÍGUEZ

Notes

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