reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 229 - Jurisdiction of the Courts (§§ 4701 — 4708) › § 4708 - Free legal services

The municipalities may offer free legal services to persons of limited economic resources to the extent and under the terms and conditions provided by municipal ordinance. For such purposes, the municipalities may establish contracts with attorneys, professional legal services corporations or corporations, whether for profit or nonprofit. All cases, actions, matters or documents in which any municipal administrative office or unit intervenes on behalf of persons with limited economic means shall be exempted from the payment of fees, stamps, duties and taxes of any kind required by law for the handling of court procedures and the issuing of certifications at all centers of the Commonwealth Government.
Persons to whom the municipality provides free legal services shall, be entitled to the services of court officials and employees, and to all court writs and rulings, as if they had paid the fees required by law.
Court documents and requests for certification of public documents handled according to the provisions of this section shall be signed by a municipal attorney and bear the seal of the municipal government involved.
History —Aug. 30, 1991, No. 81, § 15.008; Sept. 7, 2004, No. 258, § 39.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 231 - Citizen Participation (§§ 4751 — 4764) › § 4751 - Community Affairs Division—Establishment

Municipalities may establish a Community Affairs Division by ordinance, to develop and implement divulgation, promotion and consultation programs on the mechanisms, systems and procedures provided by law or ordinance to channel the direct collaboration and participation of the citizens.
The ordinance which creates such a Division shall provide for all matters concerning its organization and operation, including the requirements that the director or chief administrative official shall meet.
In those municipalities in which it is unnecessary or onerous to establish a Community Affairs Division, the mayor may assign the responsibility for implementing the provisions of this chapter to any administrative unit with compatible functions. ln that case, an ordinance must also be approved establishing all that is necessary to reorganize the administrative unit in question and specifically assign to it the aforementioned functions.
History —Aug. 30, 1991, No. 81, § 16.002; Oct. 29, 1992, No. 84, § 93.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 231 - Citizen Participation (§§ 4751 — 4764) › § 4753 - Establishment of residential improvement zones and commercial improvement districts

The municipal governments are hereby authorized to designate residential improvement zones and commercial improvement districts, the limits of which shall be proposed by the citizens’ associations and commercial district associations which are constituted in accordance with this subtitle and the ordinances enacted by the municipality or municipalities within whose territorial limits the residential or commercial area or sector thus designated is located. Such zones or districts shall constitute an area with common characteristics, interests and problems in which, through mechanisms provided in this chapter, schemes for solutions and improvements proposals can be adopted to promote and develop those planned public works and improvements and services deemed necessary.
To that end, the municipalities are hereby authorized to establish by ordinance, general rules compatible with the provisions of this chapter to govern or regulate the operation of the residential improvement zones and the commercial improvement districts in order to fully comply with the public policy of encouraging and attaining greater citizen participation in improving the quality of life in the municipalities.
History —Aug. 30, 1991, No. 81, § 16.004; Oct. 29, 1992, No. 84, § 95.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 231 - Citizen Participation (§§ 4751 — 4764) › § 4754 - Creation of provisional committees

Provisional committees can be created in those residential and commercial areas that wish to, for the purpose of coordinating efforts and essential jobs and presenting to all residents of a specific area or residential or commercial section, as well as all interested parties, a proposal for forming an association under the provisions of this chapter, which shall include, among other things, the following:
(a) The need and convenience of designating a residential improvement zone or commercial improvement district and creation of an association;
(b) the prospects for formal delimitation of the zone, including options regarding its limits and boundaries;
(c) the works, programs and services that could be performed in the area;
(d) cost projections and options, and
(e) potential funding sources to defray them and their economic impact on area residents.
After the initial presentation, consultation and consensus, the provisional committee may promote the creation of an association in the corresponding area.
History —Aug. 30, 1991, No. 81, § 16.005.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 231 - Citizen Participation (§§ 4751 — 4764) › § 4756 - Associations—Board of Directors

The association shall select a Board of Directors from among its members at a general assembly.
The Board of Directors shall be responsible for making administrative decisions regarding the functioning of the association and ascertaining that the general assembly’s agreements are carried out. The Board of Directors’ decisions shall be reached through a majority of its voting members. The Board shall meet at least once every three (3) months through a notice to such effects signed by its Chairperson.
The Board of Directors may contract in behalf of the association, the services needed to carry out the projects, chargeable to the funds appropriated for their development. Operational expenses incurred in monitoring the works and programs shall not exceed ten percent (10%) of the funds collected for their execution. Neither the association nor its Board of Directors may appropriate funds for donations to civic, political, religious or labor campaigns, or for lobbying, travel expenses or expense accounts.
History —Aug. 30, 1991, No. 81, § 16.007.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 231 - Citizen Participation (§§ 4751 — 4764) › § 4757 - Associations—Meetings

The association shall meet at least once a year in general assembly to elect its Board of Directors and to consider the annual report on achievements and a financial statement, which shall be certified by a certified public accountant. Any other matters that the Board of Directors decides to bring to the attention of the general assembly, may also be considered.
The association may hold as many special assemblies as the Board of Directors deems necessary. However, it shall be the duty of the Board of Directors to call a special assembly provided it is requested by thirty percent (30%) of the total number of the association’s members.
The Board shall notify all the association’s members by certified mail with acknowledgement of receipt or messenger of the date, time and place of the general assembly.
It will also notify all the members of the association, the municipality or municipalities with jurisdiction, and the pertinent agencies, in writing, of the agreements adopted by the assembly and the reports presented during the meeting.
History —Aug. 30, 1991, No. 81, § 16.008.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 231 - Citizen Participation (§§ 4751 — 4764) › § 4758 - Associations—Adoption of agreements

Agreements about the matters indicated below shall be reached in general assembly by affirmative majority vote of the association’s members.
(a) Approval of the limitation of a residential improvement zone or commercial improvement district and subsequent amendments.
(b) The monthly or periodic dues to defray the association’s operational costs.
(c) The scheme of works, programs and services needed in the zone or district and follow-ups.
(d) The cost and origin of resources.
(e) Approval of loans to be executed by the association for the construction of projects.
(f) The mechanisms to establish dues or voluntary special contributions to carry out specific works or projects.
(g) Formulas for liquidating unused funds at the completion of the project.
(h) The intention to halt a project before it has been completed.
History —Aug. 30, 1991, No. 81, § 16.009.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 231 - Citizen Participation (§§ 4751 — 4764) › § 4760 - Associations—Voluntary fees or contributions

The payment of fees or contributions to carry out specific projects must be approved by a majority of association’s members, as required in this chapter, and will be of voluntary nature. The works or projects to be financed with these voluntary fees or contributions may be of general benefit to the entire zone or district, or of particular benefit to the members who have assumed said responsibility.
Association members who agree to assume the special economic responsibility approved by the association shall sign a sworn statement to that effect. The association shall prepare a draft contract for this purpose with all the information it deems necessary to include in the document.
Owners and tenants who have voluntarily assumed payment of the fees or contributions approved by the association, will contribute proportionately to the cost of the works, programs and services carried out in the residential zone or commercial district, as the case may be, as well as the association’s administrative expenses. These persons shall not avoid payment of the contribution for such expenses by waiving the use and enjoyment of the benefits created by the association’s agreements, or by moving out of the encumbered property.
The proportional amount each property owner must contribute to common expenses shall be determined, set and imposed in the association’s general assembly. The contribution or fees shall become due and payable in accordance with the agreements adopted by the association, in keeping with the provisions of this chapter.
History —Aug. 30, 1991, No. 81, § 16.011.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 231 - Citizen Participation (§§ 4751 — 4764) › § 4761 - Associations—Collection of special contributions

The association is hereby empowered to collect the fees or voluntary contributions imposed pursuant to the provisions of this subtitle.
However, the association may request the corresponding municipality to take custody of these funds. In such cases, the association may remit directly or ask its members to remit the corresponding payments to the municipality as they become due. The association may likewise ask the municipality to take custody of any other funds the association receives from other sources.
The association shall take the legal steps it deems necessary to ensure the continuity of the collections of its revenues.
History —Aug. 30, 1991, No. 81, § 16.012.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 231 - Citizen Participation (§§ 4751 — 4764) › § 4762 - Associations—Works, programs and services

The association shall agree to carry out those works, programs and services it deems necessary to improve the quality of life in the zone or stimulate commercial activity in the district. The association’s improvements proposal may cover, but is not limited to, the following matters:
(a) Proposals for specific works on private properties with the consent of the owner, and in common and public areas, with the prior authorization of the pertinent agencies.
(b) Appropriate resources to programs such as control and uniformity of signs and billboards; public beautification; maintenance or improvement of store fronts; security or garbage collection services; improvements to streets, sidewalks, parks and plazas, including curbs, lighting, planting of trees and other similar improvements. These improvements may be carried out by the association itself or by government agencies or the corresponding municipality, in which case the association shall transfer the resources needed to carry out such activities. Infrastructure improvements must be of a kind that complement those programmed by state agencies or municipalities.
(c) Follow-up and maintenance programs of the improvements carried out by the association. The association shall coordinate efforts with the agencies concerned, so that improvement programs of those government entities are not affected.
(d) Recreational and cultural programs and activities for the benefit of residents of the sector.
The association may accept contributions, gifts and donations from any natural or juridical person, the municipalities, the Commonwealth of Puerto Rico and its agencies, and the government of the United States of America, to carry out the works, programs and services it deems necessary. The association may also match its funds with any others received to carry out its purposes. It may likewise borrow money up to the limit authorized by its general assembly of members.
History —Aug. 30, 1991, No. 81, § 16.013; Oct. 29, 1992, No. 84, § 97.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 231 - Citizen Participation (§§ 4751 — 4764) › § 4763 - Associations—Rules for administration of funds

All citizens’ associations and all commercial district associations must comply with the following norms and provisions:
(a) Keep a strict accounting system of the funds received, their use and surplus, in accordance with recognized public accounting practices.
(b) Deposit the moneys in a bank account no later than the business day following its receipt.
(c) Require at least two (2) signatures to draw on said account.
(d) Designate an accounting official who shall have the responsibility of receiving, accounting, and making disbursements of the money, as well as keeping all receipts and related documents. This person will have the legal obligation to see that corresponding records and documents are preserved to prepare and substantiate the financial statements that must be rendered to the general assembly.
(e) Make disbursements solely by check, and far the payment of purchase orders, invoices, payroll, services or other necessary expenses directly related to the association’s activities.
(f) No checks to bearer shall be drawn nor shall payments in cash be made from association funds.
(g) Keep minutes of the general assemblies and meetings of the Board of Directors specifying, among other things, the decisions or resolutions approved with respect to the use and disposal of association funds.
(h) Keep updated and properly filed in a safe place the checks, invoices, purchase orders and payments of services, payrolls, records, minutes and any other documents related to the funds during the term established by the association’s bylaws, that shall not be less than five (5) years.
In the case of associations constituted for a specific period of time, and in all cases of dissolution, documents related to the association’s funds, such as disbursements, receipts and any others of a fiscal nature or related to the use of funds, shall be turned over to the municipality for their preservation and custody, no later than thirty (30) days from the date that the period of existence of the association ends, or the dissolution of the association in question is decreed.
History —Aug. 30, 1991, No. 81, § 16.014.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 231 - Citizen Participation (§§ 4751 — 4764) › § 4764 - Associations—Dissolution

The dissolution and liquidation of citizens’ associations and commercial district associations shall be carried out pursuant to Act Jan. 9, 1956, No. 3, and any remainder after liquidation will be transferred to the municipal government for exclusive use in works and improvements in the area that had been delimited as a residential improvement zone or commercial improvement district, as the case may be.
History —Aug. 30, 1991, No. 81, § 16.015.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4801 - Authorization

The municipalities are hereby empowered to authorize the creation of nonprofit special corporations for municipal development, hereinafter “special corporations”, for the primary purpose of promoting in the municipalities whatever activities, enterprises and municipal, commonwealth and federal programs addressed to their integral development and that will result in the general welfare of the inhabitants of the municipality through the growth and extension of diverse areas, such as social services, the development of public lands, affordable housing, commerce, industry, agriculture, recreation, health, the environment, sports and culture, as well as the generation of power from renewable sources of energy.
The corporations or organizations that are strictly nonprofit, organized under the laws of Puerto Rico, and whose functions are strictly of a civic and community nature, are hereby exempted from the application of this section, and the nonprofit corporations referred to in § 4816 of this title.
History —Aug. 30, 1991, No. 81, § 17.001; Apr. 13, 1995, No. 36, § 52; Aug. 9, 2002, No. 137, § 1; Aug. 3, 2006, No. 145, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4802 - Creation

Three (3) or more natural persons who are of legal age, residents of the municipality and are not officials or employees of the municipal government, may submit an application to the mayor to be authorized to register with the State Department as a nonprofit special corporation to operate under the provisions of this chapter. The application shall be signed by all of the incorporators.
If the mayor, after the corresponding evaluation, determines that the special corporation to be formed is for one of the purposes contemplated in this chapter and believes it to be in the best interests of the municipality, he will submit a draft resolution to the Legislature to authorize the creation of the special corporation under the privileges and provisions of this chapter.
Once the resolution authorizing the formation of said entity under the provisions of this chapter is passed by the Legislature, the incorporators may file a certificate of incorporation with the Secretary of State, together with a certified copy of the resolution passed by the Legislature.
The Secretary of State shall not authorize the registration of a special corporation without the prior approval of the Legislature of the municipality in question.
No municipality shall authorize the creation of more than one special corporation for the same purpose.
History —Aug. 30, 1991, No. 81, § 17.002.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4804 - Certificate of incorporation—Amendments

The certificate of incorporation may be amended by the Board of Directors through a resolution approved by an absolute majority of the total number of Directors, after due notice to the mayor, and the approval of the Legislature. The amendments thus approved shall be registered in the Department of State.
History —Aug. 30, 1991, No. 81, § 17.004.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4805 - Board of Directors

The Board of Directors shall be the body vested with the powers granted to the Corporation. The Board shall consist of a minimum of thirteen (13) directors who are residents of the corresponding municipality.
(a) The initial members of the Board of Directors shall be appointed by the incorporators at their first meeting, under the following terms: one-third of the original members shall be appointed for a term of one year, another third for a term of three (3) years, and the remainder shall be appointed for a period of five (5) years each. Directors appointed subsequently, except those appointed by the mayor, shall hold office for terms of five (5) years and shall be appointed by the members of the Corporation or by the Board of Directors, in accordance with its corporate bylaws.
(b) Board members will remain in office until their successors are appointed and take office. In case of a vacancy, the successor will serve the unexpired of his predecessor’s term.
(c) Directors shall not receive salaries, compensation or remuneration of any kind for serving as such, nor for the work, duties or tasks performed for the Special Corporation.
However, board members may receive per diems in the nature of reimbursement for expenses incurred in the performance of their duties, subject to the amounts and conditions determined by the Board of Directors itself by vote of at least three-fourths of its members.
Board members may be reimbursed or advanced funds for training, travel expenses, lodging and meals incurred in any travel off-island to see to some matter or attend an official activity of the special corporation. The expenses for traveling, lodging and meals shall not be greater than those that correspond to any official executive branch of the municipal government who directs an administrative entity, pursuant to the regulations in force to such effects.
(d) Except as provided for § 4803(h) of this title, no municipal government employee or official shall be appointed or elected to the position of director.
(e) The directors, including those appointed by the mayor, may be removed from office before their term of office expires for dereliction of duties, negligence, improper conduct and incompetence in the performance of their responsibilities as a director, upon filing charges, with the opportunity to be heard, and with the vote of the absolute majority of the Board of Directors.
History —Aug. 30, 1991, No. 81, § 17.005; Apr. 13, 1995, No. 36, § 54; Sept. 7, 2004, No. 258, § 40.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4806 - Transitional procedures

The incorporators shall meet no later than fifteen (15) days following the registration of the certificate of incorporation and shall select the members of the Board of Directors. Board members shall represent the various groups or sectors of public interest that make up the corporation. The incorporators may also approve the corporate bylaws and make the necessary decisions for the special corporation, subject to subsequent ratification or rejection by the Board of Directors. The mayor shall be notified of the date, place and time of the meeting at which the directors will take office and constitute the Board of Directors. Once the directors take office and the Board of Directors is constituted, they will assume the direction of the corporation, approve the corporate bylaws and appoint corporate officers pursuant to the procedures established therein. The agreements approved by the incorporators shall be evaluated and the pertinent decisions shall be made. A corporate seal shall be adopted, the financial institution to safeguard corporate funds shall be chosen, and the officers of the Board of Directors shall be appointed. None of the officers may be an employee or official of the municipal government in question. The persons appointed as corporate officials of all special corporations shall meet the highest professional standards and have the experience required to administer and manage the entity they are to direct, and meet other requirements to be determined by the Board of Directors.
History —Aug. 30, 1991, No. 81, § 17.006.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4807 - Conflict of interests

No person who has direct or indirect financial interest, in any enterprise or entity whose business is in direct competition with the special corporation, shall be a member of the special corporation nor hold an executive or administrative position in it. This same limitation applies to any person who is the owner, shareholder, partner or employee, or has financial interest in a company that does business with the special corporation, or who holds any position or office in other public or private entities, whether profit-making or non-profit, that could conflict with the discharge of his duties and responsibilities as director or official of the special corporation.
History —Aug. 30, 1991, No. 81, § 17.007.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4808 - Powers

The special corporations shall have the following powers, in addition to those conferred by their certificate of incorporation and the applicable laws in effect in the Commonwealth of Puerto Rico:
(a) Make donations, without limits as to value or capital, provided the payment of their administrative obligations or financial obligations are not jeopardized. No special corporation for municipal development shall donate public funds or municipal property that have been donated, delegated or transferred to it by a municipality or by any public agency for any of the purposes provided in this subtitle, to another municipality, corporation, public or private dependency, unless there is a prior authorization of the municipality that cedes or transfers the same.
(b) Merge or consolidate with another non-profit corporation created under this subtitle or §§ 3501 et seq. of Title 14, after due notice to the mayor and the approval of the legislature.
In the case of a merger or consolidation of special corporations constituted in different municipalities, the prior approval of the corresponding mayors and municipal legislatures shall be required. The special corporation resulting from a merger or consolidation shall comply with the requirements of this subtitle and with the regulations adopted by the Commissioner of Municipal Affairs to this end.
(c) Promote projects and activities for the exclusive benefit of the municipality, even if they fall outside its territorial limits.
(d) Issue any type of obligation for corporate ends.
(e) Offer as collateral the revenue from any enterprise or project as well as any property obtained or built, or the amount of the income resulting from the operation of any business or facility; including in the sum to be secured such principal, interest, insurance, premiums, reserves and maintenance and services expenses, and other inherent expenses generated by the establishment and issuing of financial obligations.
(f) Accept donation or assignment of municipal assets or funds, from any public agency and from the federal government, subject to the provisions of this subtitle, and any other donations or assignments from any private, natural or juridical person.
History —Aug. 30, 1991, No. 81, § 17.008; Apr. 13, 1995, No. 36, § 55.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4809 - Members

The special corporation may opt to establish a membership system or not, in accordance with the regulations provided in their corporate bylaws.
(a) The members shall be residents of the municipality in which the special corporation is located and shall represent the community’s different interest groups such as: government, institutions related to corporate ends, professional and technical people, private sector entities and persons who can share their knowledge and experience to attain corporate purposes.
(b) Decisions regarding the membership of a person shall be made strictly on the basis of the benefit said person can provide in forwarding corporate goals and purposes, and the search for a diversity of opinion among the members of the special corporation. There shall be no discrimination on the basis of sex, religion, age, political belief, race, or social or economic condition.
(c) All membership applications shall be considered by the Board of Directors, which must approve or reject them within a term of not more than ten (10) business days from the date of their submittal.
(d) Membership shall not be transferable and the exercise of the rights, privileges and duties it entails is individual. Each membership shall represent one vote in any election submitted to the consideration of the members.
(e) At least one general assembly of members shall be held annually which shall be notified to their last known address, as it appears in the corporation’s registry of members, no later than thirty (30) days prior to the date of the assembly. Officers and directors shall discuss the detailed report of their work and the audited financial statement of the previous fiscal year, as well as future plans and projects at the assembly. The financial statement shall include a record of corporate properties and assets, their location and appraised value, property acquired during the year and a breakdown of income, expenses, accounts, obligations and disbursements. The financial statement shall be sent to members no later than one hundred and twenty (120) days after the close of the fiscal year. Members may inquire about matters included in the agenda. They also may amend the agenda by the majority vote of the members present at the assembly.
(f) The corporate secretary shall call a meeting of members whenever a signed petition to such effects is presented by at least one-tenth (1/10) of the total number of members registered at the time the petition is filed, to discuss the matters stated in the required petition.
(g) Members shall have the right to examine the books, accounts and documents of the Corporation, after due notice to the designated custodian thereof, no less than three (3) days prior to the date requested.
(h) Corporate by-laws may be amended with the approval of an absolute majority of the members.
History —Aug. 30, 1991, No. 81, § 17.009.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4810 - Bonds

The special corporation may issue bonds or financial obligations for its corporate purposes without any debt limit. Such obligations shall be subject to the conditions established by the Board of Directors in the document of approval of the transaction and to those established below:
(a) All obligations shall be approved by an absolute majority of the members of the Board of Directors.
(b) Activities to be financed through the issuing of obligations shall produce revenues for the payment of principal, interest and redemption premiums of said obligations, for the payment of the operation and conservation expenses of the project financed by such issue, and to create and maintain reserves inherent to the obligations. The means or sources of income, profits or revenues, of these projects shall be reviewed from time to time to ensure that they remain self-liquidating.
(c) The income, profits or revenue generated by the projects, as well as any related assets, may be encumbered to secure the obligations.
(d) Income, profits or revenue generated by the projects shall be deposited in special accounts or trusts under prearranged warranty terms, so that the payment of the financial obligations can be made in accordance with the balances.
(e) Financial obligations may be paid on or before maturity, by acceleration.
(f) Obligations shall be issued at an effective rate of interest that shall not exceed the legal maximum in effect in the Commonwealth of Puerto Rico at the time of issuance.
History —Aug. 30, 1991, No. 81, § 17.010.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4811 - Tax exemptions

The projects, assets and any property of the special corporations, as well as the income, revenue and profits it receives, shall be exempted from all taxes, permits, rates and municipal license fees, imposed by municipalities or by the Commonwealth of Puerto Rico. All financial obligations plus interest issued by special corporations shall be exempted from any Commonwealth of Puerto Rico tax.
Nothing in the above paragraph should be interpreted as exempting any private natural or juridical person who develops or carries out an activity, project or undertaking jointly with the corporation, from taxes, assessments, license fees, excise taxes, municipal license fees and duties.
History —Aug. 30, 1991, No. 81, § 17.010 bis, renumbered as § 17.011 on Apr. 13, 1995, No. 36, § 56.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4812 - Corporation documents

The books, documents and records of special corporations shall be kept at their main office, in the custody of the chief corporate officer, and shall be kept for the term provided in their by-laws which shall not be less than the same term provided in the laws of Puerto Rico for the filing and conservation of the official documents of any other public agency.
History —Aug. 30, 1991, No. 81, § 17.011, renumbered as § 17.012 on Apr. 13, 1995, No. 36, § 56.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4813 - Dissolution

The corporation may be dissolved by means of a resolution approved by the Board of Directors, after notification to the mayor and the President of the Municipal Legislature.
When the corporation ceases operations, the property ceded or transferred by the municipality shall revert to it, upon liquidation of any obligation acquired by the corporation with its own funds. If any funds remain after said liquidation of obligations, these shall be disbursed to the municipality.
History —Aug. 30, 1991, No. 81, § 17.012, renumbered as § 17.013 and amended on Apr. 13, 1995, No. 36, §§ 56, 57.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4814 - Receivership or court administration

The mayor may ask the Court of First Instance to appoint a receiver or court administrator in the following situations, when:
(a) In the process of dissolution of the corporation it is unable to pay its overdue debts.
(b) Assets are being misspent or improperly distributed.
(c) The special corporation is being administered fraudulently or improperly.
(d) When the corporation becomes inactive or is abandoned by the officials, directors and members. This procedure shall be governed by the norms established to such effects by §§ 3501 et seq. of Title 14.
History —Aug. 30, 1991, No. 81, § 17.013, renumbered as § 17.014 on Apr. 13, 1995, No. 36, § 56.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 233 - Special Corporations for Municipal Development (§§ 4801 — 4816) › § 4815 - Conversion

Any nonprofit corporations created with the purpose of promoting the development of some aspect of a municipality in existence at the time this act becomes effective, and that have received or are receiving real or personal property, funds or annual donations, recurrent or not, from a municipality, shall avail itself to the provision of this subtitle to become special corporations by amending the certificate of incorporation to restructure its configuration under the norms established in this subtitle and registering it with the Secretary of State after the amendment has been approved by the legislature. If the Secretary of State finds that it meets the provisions of subtitle, he/she shall register it and remit certified copies to the mayor and the assembly. This conversion shall be initiated within a term of one hundred and twenty (120) days from the effectiveness date of this act.
As of the date of enactment of this act, no municipality shall sponsor or patronize any nonprofit corporation to promote the development of any municipal public purpose, unless said corporation is constituted, organized, validated and operated according to the provisions of this chapter.
Any nonprofit corporation created under §§ 3501 et seq. of Title 14 to promote some municipal public purpose, which is in operation on the effective date of this act, and that does not cho[o]se to avail itself of the provisions of this subtitle, may continue to operate exclusively under the legal regime of §§ 3501 et seq. of Title 14. In this case, upon prior notice to the board of directors of said corporation, the municipality is empowered to cancel any agreement or contract that compels it to cede property or funds as of the date of approval of this act, when the corporation does not avail itself of the provisions of this subtitle.
Every nonprofit corporation that chooses to continue to function exclusively under §§ 3501 et seq. of Title 14 and has received real or personal property, or chattels, or donations shall be subject to periodic audits by the municipality, and the Office of the Comptroller of Puerto Rico shall audit everything regarding funds or public property ceded, assigned, or transferred to the corporation for its operation, at least every two (2) years.
History —Aug. 30, 1991, No. 81, § 17.014, renumbered as § 17.015 and amended on Apr. 13, 1995, No. 36, §§ 56, 58.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 235 - Commission to Hear Municipal Complaints (§§ 4851 — 4864) › § 4851 - Creation

The Commission to Hear Complaints, hereinafter denominated “the Commission”, is hereby created, as the body with primary jurisdiction to hear complaints brought against any mayor or municipal official by the Governor of the Commonwealth of Puerto Rico, the Director of the Office of Government Ethics, the Municipal Legislature or any citizen.
(a) Composition of the Commission.— The Commission shall be composed of a President and two (2) Associate Commissioners appointed by the Governor of Puerto Rico with the advice and consent of the Senate of Puerto Rico. The President shall be an attorney who has practiced law for at least five (5) years. The President and the Associate Commissioners shall be appointed for terms of four (4) years each and shall hold office until their successors are appointed and take office. It is preferable that the persons designated as members of the Commission have been members of the Judiciary of Puerto Rico or attorneys who have practiced law for at least five (5) years.
Members of the Commission shall not incur financial liability for any action taken in the performance of their duties and powers, provided their actions have not been intentional, illegal, for their own benefit or in the knowledge they could cause damages.
(b) Emoluments.— The Commissioners shall receive no compensation whatsoever for the performance of their duties. However, they shall receive per diems of one hundred dollars ($100) for each meeting they attend at which they conduct business related to the duties imposed on them by this chapter. Every four (4) years from the date of approval of this act, the amount of the per diems to which the Commissioners are entitled shall be revised pursuant to the proportional increase in the cost of living, as determined and certified by the Planning Board. They shall also be entitled to the reimbursement of necessary expenses incurred in the performance of their official duties, subject to the applicable regulations of the Department of the Treasury.
(c) Commission personnel.— The president of the Commission shall appoint a Secretary and all personnel needed for its operations, who shall perform their duties at the President’s volition.
History —Aug. 30, 1991, No. 81, § 18.001; June 26, 1998, No. 101, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 235 - Commission to Hear Municipal Complaints (§§ 4851 — 4864) › § 4852 - Powers

(a) Deal with and resolve complaints or charges brought against any mayor by the Governor of Puerto Rico, the Director of the Office of Government Ethics, the municipal legislature or any person.
(b) Hear and resolve situations of friction between the legislature and the mayor.
(c) Request, at its discretion, to the Secretary of Justice [Attorney General] of Puerto Rico the appointment of an attorney to represent a complainant who is a private citizen, after having found that the case is exclusively a question of public interest.
(d) Approve, amend and repeal internal regulations for the Commission’s operation.
History —Aug. 30, 1991, No. 81, § 18.002; Aug. 29, 2000, No. 222, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 235 - Commission to Hear Municipal Complaints (§§ 4851 — 4864) › § 4853 - Taking of oaths, summons and production of documents

The Commission, its Associate Commissioners and its Secretary shall be empowered to take oaths, summon witnesses and compel the production of books, documents or other evidence that the Commission deems necessary or pertinent to the performance of its powers and duties.
When a witness summoned by the Commission fails to appear to testify or to produce the books, papers, records or documents as ordered, or when any witnesses that is summoned refuses to testify about any matter before the Commission, the Commission, its president or any of its associate commissioners may resort to the Court of First Instance of Puerto Rico to compel, under penalty of contempt, the appearance and testimony of the witnesses summoned and the production and delivery of the requested documents.
The Secretary of Justice [Attorney General] of Puerto Rico shall provide the Commission with the legal assistance to request the court’s assistance for the above purposes, when so requested by the President of the Commission. The Secretary shall also provide said legal assistance when the same is requested pursuant to the provisions of § 4852(c) of this title.
Upon presentation of a petition, the court shall peremptorily issue the requested subpoena enjoining and ordering the witness to appear before the Commission and testify, or produce the evidence and documents requested, or both matters. Any claim that a witness whose appearance is ordered through this mechanism may have, shall be settled in a separate action, aside from the petition made by the Commission and it shall not have the effect of preventing the appearance of the witness of staying the order issued to produce documents. Any constitutional or statutory right or privilege the witness may have with respect to his/her testimony or the production of documents shall be submitted to the Commission for adjudication.
History —Aug. 30, 1991, No. 81, § 18.003; Aug. 29, 2000, No. 222, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 235 - Commission to Hear Municipal Complaints (§§ 4851 — 4864) › § 4855 - Complaints or charges against a mayor—Protective orders

The Commission is empowered to issue interlocutory protective orders, under penalty of contempt, to protect the integrity of the proceedings the Commission is carrying out and for the purpose of averting any injury or misappropriation of funds and property, and to protect the public interest, or to safeguard any document or evidence relevant to the complaint under its consideration.
History —Aug. 30, 1991, No. 81, § 18.005.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 235 - Commission to Hear Municipal Complaints (§§ 4851 — 4864) › § 4856 - Complaints or charges against a mayor—Procedures for suspension

After the charges brought in accordance with the provisions of § 4854 of this title, have been filed and the mayor has been notified, if the Commission determines that the public interest so requires it, it may file a petition that shall be called a “Special Procedure” before the Court of First Instance, San Juan Part, for the Court to rule, with priority over any other action and within a term of not more than twenty (20) days, on whether the extent of the charges filed require that the mayor be suspended from office without pay while the administrative procedures are conducted before the Commission.
The court shall take the following into consideration in evaluating the petition:
(1) Whether the charges against the mayor evidence an administration that is corrupt, fraudulent and irresponsible, or of abuse of authority;
(2) the Mayor’s former administrative record;
(3) the notoriety or public perception attributed to the Mayor prior to the filing of charges;
(4) the accuracy or weight of the evidence that arises from the investigative reports of the facts that gave rise to the complaint;
(5) the urgency of taking measures to protect municipal property, or the life and health of its citizens;
(6) the intimate linkage of the alleged facts to the municipality’s administration.
Any mayor against whom a ruling is issued suspending him/her from office without pay while the administrative proceedings are carried out before the Commission, may ask the Supreme Court to review the decision through a writ of certiorari within a term of not more than ten (10) days from the date the copy of said notice is filed in the case.
Unless the court issues an order or ruling staying the administrative proceedings before the Commission, the filing of a Special Procedure and its subsequent review by the Supreme Court shall not impede the continuation thereof.
History —Aug. 30, 1991, No. 81, § 18.006.