Vacíos legales en la Ley Orgánica de Economía Popular y Solidaria dificultan en el control del cumplimiento de la responsabilidad social en las cooperativas de ahorro y crédito

The Constitution of the Republic of Ecuador in Articles 283 and 311 provides that the economic system is social and solidarity, made by cooperatives and other organizations. The popular and supportive financial sector are assigned the credit unions (COAC`s) which receive a differentiated and preferential treatment from the State, to the extent that promote the development of popular and solidarity economy. The government presented a bill that after the relevant debates in the plenary of the National Assembly became the Organic Law of the People and Solidarity Economy and the Popular and Solidarity Financial Sector (LOEPS) published in the Official Gazette No. 444 May 2011. Article 81 of this Law, is characterized to credit unions as organizations formed by natural or legal persons, who join voluntarily in order to perform financial intermediation activities and social responsibility partners. Practically the law since the beginning of the Ecuadorian cooperative movement has prioritized the financial control of these organizations, currently the Superintendency of Popular and Solidarity Economy (SEPS) has been assigned responsibility for monitoring the economic and social performance of COAC `s, but both LOEPS and its regulation has not defined the elements of the social responsibility, which has allowed these cooperatives mostly evade compliance and investing money in social actions that demonstrate its impact in development: community, environmental, educational and cultural place where they operate. The problem is deepened because no more than exercise social responsibility with its partners (Art. 81), very few credit unions available to members and the general public, financial and social information of the entity (Art . 94). Finally the general layout of the LOEPS second, demands the incorporation into management reports, the social report attesting to the level of compliance with the principles and social objectives, SEPS has not defined how to comply with this requirement and how that will be monitored, so it is stated that both the information and the management of social court in COAC`s lack of proper regulation and relevant legislation, which does not happen in other countries such as Paraguay, which has its " Legal framework of the Paraguayan Cooperative Sector "(National Cooperative Institute, 2010), which is a document prepared and updated by the National Institute of Cooperatives, which is assigned a full chapter to the cooperative social balance and requirements for drawing thereof. In this context, without adequate regulation that facilitates the monitoring and evaluation of their social performance, would continue promoting practices of the past and present where financial institutions that enjoy legal benefits since its establishment, operation to taxation because they work under the figure of credit unions, neglect their social commitment to contribute to Good Living, improving both the level and the quality of life of its employees and cooperative

• Autor principal: Palacios Zurita, Wladimir Alexander (author)
• Format: bachelorThesis
• Idioma: spa
• Publicat: 2015
• Matèries: HISTORIA DEL COOPERATIVISMO; TEORÍA DEL BALANCE SOCIAL; COMPROMISO CON LA COMUNIDAD; LEGISLACIÓN COMPARADA
• Accés en línia: http://dspace.unl.edu.ec/jspui/handle/123456789/8920