April 16th, 2020
FINDETER

As of the entry into force of Legislative Decree 581 of 2020 and until December 31, 2020, Findeter may grant direct loans to official, mixed and private domiciliary public utilities companies supervised by the Superintendence of Domiciliary Public Utilities, in order to provide them with liquidity or working capital. Such funds shall be used in order to implement the measures adopted by the National Government to avert the effects of the Economic, Social and Ecological Emergency declared through Decree 417 of 2020.

In the credit operations authorized through Legislative Decree 581 of 2020, the following conditions shall apply:

  • Official, mixed, or private domiciliary public utilities companies must comply with the rules on indebtedness in accordance with their legal nature, without prejudice of the provisions set forth in Legislative Decrees 528 and 517 of 2020.
  • Findeter through the credit regulations it issues, will establish the general financial conditions of the loans to be granted, including special conditions such as "zero rate".
  • Territorial entities may guarantee credits granted to domiciliary public utilities companies. The authorization of the governor, when the guarantor is a regional government, and the mayor, when the guarantor is a municipality or district, shall only be required for the granting of this guarantee, without any other requirement or authorization from other state entities or agencies.
  • The resources of the General System of Participations corresponding to domestic public drinking water and basic sanitation services may be used to guarantee the aforementioned credit operations. 
  • The National Guarantee Fund, in accordance with its purpose, may guarantee the obligations acquired by domiciliary public utilities companies.
  • The amounts of loans to be granted to domiciliary public utilities companies will be those established by the Ministry of Mines and Energy, the Ministry of Housing, City and Territory, respectively, and/or the Superintendence of Domiciliary Public Services. The amounts will be subject to the credit study carried out by Findeter, after verification by the Ministry of the sector or the Superintendence of Domiciliary Public Utilities.
  • The Superintendence of Domiciliary Public Utilities, within its competence, will send the information it has on domiciliary public utilities companies and required by Findeter for the granting, follow-up and recovery of the loans granted.
  • The disbursement operations covered by the referred Legislative Decree will be exempt from the Financial Movement Tax -GMF-. 

Among the sources of financing of Findeter for the granting of the referred credits, The Legislative Decree 581 provides that the Ministry of Finance and Public Credit, with the resources of the Emergency Mitigation Fund -FOME-, will invest in debt instruments issued by Findeter, the resources it requires to finance the granting of credits referred to in the Legislative Decree. 

The conditions for Findeter financing operations include: 

  • A term of up to 40 months
  • A remuneration rate of zero (0%) percent.
  • Said source of financing may be renewed once for a maximum term of 12 months, at the request of Findeter and when credit operations concluded with home utility companies so require. 

Ver texto completo del Decreto 581 de 2020

 

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