A trust is created for the purchase and restructuring of debts, whose debtors meet all of the following requirements:
- a)That they are natural or legal persons, engaged in agriculture, whose total annual income is equal to or less than fourteen million colones (¢14,000,000.00). To calculate said income, all activities that generate income directly and/or indirectly must be included.
- b)That at least sixty percent (60%) of the total annual income cited in the preceding paragraph comes from agricultural activity (actividad agropecuaria).
- c)That the investment plan for the credit originating the current debt was for agriculture.
- d)That the original amount of the credit or of the multiple current credits obtained for agricultural activities within the period provided in subsection f) of Article 1 of this Law, did not exceed fifteen million colones (¢15,000,000.00) or its equivalent in United States dollars. The final amount may exceed fifteen million colones (¢15,000,000.00), provided that the original amount does not exceed said sum and the increase was the result of restructurings.
The Agricultural Trust Committee (Comité del Fideicomiso Agropecuario) is authorized to annually adjust the equivalent of the fifteen million colones (¢15,000,000.00) up to fifty percent (50%) of the Consumer Price Index (IPC).
(Thus reformed the preceding paragraph by Article 1 of Law No. 8509 of May 5, 2006, and subsequently corrected via ERRATA published in La Gaceta No. 135 of July 13, 2006).
- e)That the debtors expressly request the purchase or restructuring of their debt.
- f)That the debts are subsequent to January 1, 1994, and up to and including December 31, 2002, or are the result of restructurings carried out as of the effective date of this Law; that the debtors have been unable to service such debts due to the problems indicated in subsection a) of Article 5 of this Law. For this purpose, financial institutions regulated by the Superintendencia General de Entidades Financieras (SUGEF) or by special law, and legally constituted public or private institutions, entities, or organizations, for profit or non-profit, authorized by the Trust Committee (Comité del Fideicomiso), created in Article 10 of this Law, and whose normal course of business includes granting credits or financing for agricultural activities, must submit a public document certifying the existence of the credit, the principal amount, current interest, default interest, and administrative, legal, and other related expenses, as well as the exact purpose for which the credit was granted, for the purpose of preventing debtors who do have the means to pay from availing themselves of this Law upon its enactment.
The formalization of the purchase and restructuring of debts for the beneficiaries of this Law will be covered with the resources of the Trust (Fideicomiso), except for the fees derived from this process, which will correspond to the minimum fee established in the fee schedule issued by the Colegio de Abogados de Costa Rica and will be covered in equal parts by the beneficiaries and the Trust. However, at the time of formalizing the credit approved by the Committee, the trustee (fiduciario) may include, within the total amount to be restructured, the amounts for the payment of fees, appraisals, and the cost of insurance on real estate that the beneficiaries are responsible for paying.
(Modified subsection f) and the final paragraph of this article by Article 1 of Law No. 8427 of December 7, 2004.)
*(NOTE: See transitory provisions of Law No. 8427 of December 7, 2004).