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By the end of this week, the last decisive step in the process of implementation of the new code of mutual associations should be crossed, with the publication of the decree that will apply to Montepio the new set of rules provided by the legislation. mutualist. Among the rules are the stricter requirements on the suitability of managers. A circumstance that increases the pressure on Tomás Correia, even if he wins the elections on 7 December.
According to the PÚBLICO, according to a source close to the legislative process, the Ministry of Labor and Social Security will publish in the coming days the common despatch (with Finance) which determines that the new code will apply to the police. Mutualista Association of Montepio Geral (AMMG). ), as well as Monaf – Montepio Nacional da Farmacia, both under the supervision of the Supervisory Authority for Pension and Insurance Funds (ASF). The government has been subjected to pressure not only from candidates competing with Tomás Correia, but also from delays in the electoral process, which are taking place in parallel with the legislature in this affair.
The lists of candidates in Montepio convened a hearing with Vieira da Silva, Minister of Labor and Social Security, to address two problems: the existence of a potential risk of electoral fraud through the A list, headed by Tomás Correia: and to determine precisely the stage of entry into force of the new code of mutual societies.
The Code came into force on September 2nd. It was crowned by a long legislative process leading to the promulgation of the President of the Republic, Marcelo Rebelo de Sousa, on July 8th. Since its entry into force, 60 days have elapsed for the proposed definition of the entities covered by the new rules, following the advice of the FSA. Something that, according to PÚBLICO, happened on October 12th. From there, they started counting 60 more days for the final decision. This will be done, with its formalization for several days, until the end of this week, which will end not only anticipate the end of the mandate – which should end in mid-December, after the elections for the new direction of the owner of Banque Montepio.
The government is anticipating the application of the new rules to the Mutualista Montepio association and to the elected leaders. In particular, Tomás Correia, who has been targeted in several investigations by the Banco de Portugal (LoP) and the Prosecutor General's Office, for suspicion of serious illicit acts in the regulatory and criminal fields. Thus, even if the elections are over, its inauguration is threatened, since the new code provides that any person subject to administrative offenses from the Bank of Portugal or investigations Judiciary suspected of wrongful acts committed in the course of his professional activity, can not occupy positions of management.
At issue is that which is specified in Article 101, namely that "the owners of associations which, by judicial procedure, have been declared responsible for the irregularities committed in the exercise of these functions or who have been dismissed from their duties. functions, were identified as persons concerned with the insolvency qualification as culpable ".
In addition, Article 100, which is more comprehensive, defines only members who fulfill the conditions of good repute, defined as "fit persons, including not to have been sentenced to Portugal or to the 39, alien for an intentional tort against property, misuse of a collateral or credit card, usury, willful or willful insolvency, misappropriation of public or purposeful assets non-profit making, forgery, prejudicial management, corruption, money laundering, unlawful practice in the management of pension funds, misuse of information and manipulation of the securities market, unless, in the meantime, extinguishment of the sanction has not occurred. "
Thus, the Structural Diploma for the Mutual Benefit sector will have two immediate consequences: one is of a political nature, as it removes public pressure on government inaction, since the missing order lasts several days and will arrive before the act. election and especially before taking office (in January); another is that if he wins the elections, Tomás Correia can hardly take office as president of Montepio. A function he would repeat for the fourth time, but in the context of a lively debate about his suitability for this position.
And it's not just about Tomás Correia that there are investigations in the BOP and in the public prosecutor's office. With regard to the candidacy of the current president, two other names are mentioned in the surveys: Luís Almeida (BDP, sale of units of participation of Caixa Económica Montepio Geral) and Carlos Beato (public prosecutor, as part of the process Comporta).
Candidates for the governing bodies of Associação Mutualista will have to go through the entire ASF, José Almaça's team having to assess their suitability for the position in technical terms and credibility.
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