Decree 40-2008 Repeal of Section 15 of the Notarial Code

This decree removes the power that notaries had to authorize merchants' books and grant operating permits. These functions are now exclusively handled by municipalities, allowing them to better control local commerce and generate revenue for their citizens' well-being.

Whereas the Constitution of the Republic establishes with precision that the practice of democracy is a condition fundamentally to establish the framework of social convergence that fosters the social and economic development of the nation focused on the realization of the human person.

Whereas the safeguarding of these attributed social foundations is the subject of special provisions in the Constitution of the Republic and the laws enacted for the purpose of protecting the transparency and legitimacy of convergent electoral processes toward democratic strengthening.

Whereas on December 20, 2007, through Decree No. 185-2007, reforms to the system of political parties were approved, which generated controversial opinions regarding a new scheme of financing of Political Parties.

Whereas for the convenience and tranquility of the nation, it is appropriate to establish temporarily, in this case, the financing schemes of the Political Parties contemplated in Decree No. 44-2004 dated April 1, 2004, originating from the Electoral Law and Political Organizations.

Whereas it is the responsibility of the National Congress to create, enact, interpret, reform, and repeal laws.

Whereas the Government of the Republic of Honduras, through the State Secretariat for Finance, has agreed to execute with the State Secretariat for Public Works, Transportation and Housing, a bridge loan contract for a maximum amount of TWO HUNDRED THIRTY-EIGHT THOUSAND EIGHT HUNDRED AMERICAN DOLLARS EXACT (USD. 238,800.00), which shall serve to finance the Technical Group responsible for the preparation of the Highway Project II with credit from the World Bank.

Whereas the funds granted through the aforementioned loan shall be utilized by the State Secretariat for Public Works, Transportation and Housing, which shall serve to finance the Technical Group responsible for the preparation of a new Highway Project II with Credit from the World Bank.

Whereas it constitutes an attribution of municipalities the promotion and regulation of commercial, industrial, services activities and others, as well as the control and regulation of entertainment and public amusement establishments, including restaurants, bars, nightclubs, alcoholic beverage outlets, daycares and similar establishments.

Whereas the faculty of regulation of said activities implies the execution of an administrative act that must conclude in the granting or denial of the operating permit requested, for which the respective Municipality must analyze factors such as location, type of activity, environmental impact, hygiene, health, urban planning and in general any aspect required for the fulfillment of civil and commercial acts.

Whereas the granting of Operating Permits for Merchants and Authorization of their books constitute sources of income for the municipal corporations, with which the collective and individual welfare of their inhabitants is sought.

Whereas in function of the foregoing, it is appropriate that the granting of operating permits for merchants and the authorization of their books constitute an exclusive activity of municipal corporations, for which purpose it is necessary to repeal numeral 15) of Article 59 of Decree No. 353-2005 dated December 16, 2005 containing the Notary Code.