The Superintendence of Transportation opened an investigation and formulated a statement of charges against the administrators of the company Terminal de Transportes de Villavicencio SA, for the alleged irregularities evidenced in the process of issuing and placing shares in reserve carried out from December 3, 2019 to February 25, 2020.
According to the Superintendent of Transportation, Wilmer Arley Salazar Arias, “in this case, in particular, although the issuance and placement of shares in reserve is legal in principle, the procedure used for it, allegedly, it happened with irregularities. The alleged regulatory and statutory ignorance of the directors of the Terminal could affect the equitable treatment that must exist between the partners, transparency, good faith and impartiality.
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The investigation was triggered due to the complaint filed by the Municipal Comptroller of Villavicencio, for the presumed breach of the statutes of the Villavicencio SA Transportation Terminal Company, by the members of the Board of Directors and the legal representative, with respect to a process of issuing shares advanced by the aforementioned company.
In this case, the Directorate of Investigations of the Delegation of Concessions and Infrastructure found alleged irregularities, such as failure to comply with the five-day term for notify the regulations in advance of issuing and placing shares in reserve to associates, as well as not having previously notified the other partners of the Terminal, about this action.
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In addition, presumably, the capitalization of the company was carried out without the General Assembly of Shareholders having adopted such a decision, added to the refusal to suspend the process of issuing and placing shares in reserve that was requested at the time, as which is added the possible legal blockage of the exercise of the right of preference of the municipality of Villavicencio, generating an alleged abusive capitalization of the company, which ended up reducing the shareholding of some individuals and the loss of control of the company by the municipality.
If the members of the Board of Directors of the Terminal de Transportes de Villavicencio SA were found responsible, at the time of the events in question, they would be sanctioned with fines of up to 200 current legal monthly minimum wages.
