As part of the annual obligations of the companies subject to the control of the Superintendency of Companies, Securities and Insurance, which maintain foreign partners or shareholders, the legal representatives of such companies must submit to the controlling entity, until February 2026, the following information:
A.- SPECIFIC INFORMATION
1.- A certificate issued by the competent authority of the country of origin, proving the legal existence of the foreign company, partner or shareholder of the Ecuadorian company. Such certification must be apostilled or authenticated by the Ecuadorian consul.
A complete list of all the partners, shareholders or members of the foreign corporation, subscribed and certified before a Notary Public, by the secretary, administrator or officer of the foreign corporation, who is authorized in this respect, or by a legally constituted attorney-in-fact. If the list has been subscribed abroad, it must be apostilled or authenticated by the Ecuadorian consul.
In those cases in which a foreign company, shareholder of an Ecuadorian company, is registered in one or more foreign stock exchanges, or is registered as an investment fund, it may substitute the delivery of the complete list of its partners, shareholders or members for the presentation of a sworn statement detailing this particular or a certification that accredits such fact, issued by the competent authority of the country of origin.
4.- Special power of attorney granted in favor of an Ecuadorian or foreign legal or natural person residing in Ecuador, to comply with the obligations that the partner or shareholder, foreign legal person, acquires in Ecuador, in accordance with the provisions of Art. 6 of the Companies Law. The power of attorney must be evidenced by a document granted in the country of origin, and apostilled or authenticated by an Ecuadorian consul. This power of attorney may serve one or several local companies in which the foreign company is a partner or shareholder. Likewise, the list of the attorneys-in-fact of foreign companies that have participations or shares in Ecuadorian companies must be detailed. The list must include the full names and surnames, nationality and addresses of each attorney-in-fact.
5.- Information must be provided as to whether the foreign company, as partner or shareholder of the national company, has complied with the obligation to annually submit the information required in accordance with the provisions of Article 115 (h) and Article 221 of the Companies Law.
B.- ADDITIONAL CONSIDERATIONS
Obligations of the legal representative:
The legal representative of the company must declare, under oath and electronically, that the information submitted to the Superintendence of Companies, Securities and Insurance is based on the documentation provided by the foreign shareholder companies.
All documentation shall be kept on file at the company, ensuring its availability for eventual verifications or requirements.
Penalties for noncompliance:
Foreign shareholders who fail to deliver the required documentation (remisos) will not be able to participate or exercise their voting rights at the general shareholders’ meeting that will hear the reports and balance sheets related to fiscal year 2025. Likewise, the distribution of dividends or profits to which they are entitled will be suspended until they regularize their situation by delivering the requested information. If non-compliance persists for two consecutive years, such defaulting shareholders may be excluded in accordance with the provisions of the Companies Law.
The above information has not changed:
If the information submitted the previous year has not changed, and if the documentation submitted is current, the obligation of the Ecuadorian company will be considered fulfilled by the sworn statement of the legal representative, through the web portal of the Superintendence of Companies, Securities and Insurance, regardless that such legal representative will maintain the obligation to collect and maintain the updated information under his custody.
We remain attentive to any questions that may arise.
Inquiries can be sent to the following e-mail addresses: dalmeida@almeidaguzman.com, jvallejo@almeidaguzman.com, bayala@almeidaguzman.com .
Quito D.M. / Guayaquil, January 2026
