The head of Family Assistance, Luis Guillermo Pérez Casas, announced that, as a precautionary measure, the full administrative intervention of the Comfenalco Antioquia was ordered for a period of up to 12 months and the members of the Board of Directors were removed from their positions.
This decision is based on findings that include the transfer of resources to an external company, Mandato Salud, without a clear underlying legal basis, as well as the lack of clarity regarding ownership and allocation of remaining health program resources. “In addition, a lack of control and care on the part of the board of directors was observed in relation to this matter, as well as recurring losses in the housing cost center, which put the company’s assets at risk,” the regulator’s statement said.
According to the text, the decision was made after it was proven that remaining funds from the liquidation processes of the health programs (EPS-Contributory and EPS-Subsidized), amounting to approximately $10,000 million, were transferred to a trust that has not been operating since 2021 is. is owned and controlled by the Family Compensation Fund, with the private law company whose corporate name corresponds to Mandato Salud acting as trustee and beneficiary, whose shareholders are three natural persons, creating a legal and financial risk for the interests of the family.
“There is no underlying legal transaction that led to the mandatory creation of Mandato Salud and the transfer of the trust rights of the Comfenalco Antioquia Family Compensation Fund in favor of the company Mandato Salud,” the statement said.
The regulator warned that the company did not clearly determine the ownership, ownership and destination of the remaining resources from the health programs’ liquidation processes (EPS-C and EPS-S), which could make them well aligned with the health system. or the compensation fund as the operator of the health programs and who was responsible for managing these business areas. Given this lack of certainty regarding the ownership of the resources currently managed by the Mandato Salud company.
“From the review of the minutes of the Board of Directors, it appears that at the meetings in the period 2021 up to November 22, 2022, the due control and care was allegedly not exercised in the efforts of the Administrative Director in relation to the general aspects of the mandate contract for the contributory and subsidized Health systems, the creation of the company Mandato Salud on April 26, 2021 and the transfer of trust rights; as there are no requirements for management reports or accountability for the procedures carried out by managers, nor was there a requirement for a follow-up report from the tax audit or internal audit. The Board of Directors was therefore in breach of Article 54 of Law 21 of 1982, Article 29 letter a) of the Rules of Procedure of the Board of Directors and Article 25 of the Articles of Association of the Company, since it had not exercised due care and control in relation to the aforementioned problem in order to avoid possible risks “to prevent any action that could affect the assets of the Fund,” adds the text of the Family Subsidy Superintendency.
In addition, it highlights the negative impact that the recurring losses of the housing cost center have on the assets of the company, which today amount to more than 20,000 million US dollars, putting at risk the assets of Comfenalco Antioquia and, therefore, all the members and beneficiaries of the family allowance of the company, noting with concern that the housing program has been incurring losses for six years, including the current year, thereby creating an alleged breach of the transparency regime in relation to prohibited conduct and actions.
The Family Subsidy Superintendency appointed Osvaldo Enrique Álvarez as special intervention agent.
Finally, Superintendent Pérez Casas reported that, according to the statistical figures managed by the Superintendence of Family Subsidies, this compensation fund has a total population of 928,734 people. Of these, 460,127 are members and the relatives of affiliated employees: 468,607.
In addition, there are 21,610 affiliates that made contributions worth $290,000 million this year.
