RG IGJ 13/2024: the requirement of gender parity in the governing bodies is repealed
General Resolution IGJ 13/2024 (10/4/2024) repealed RG 34/2020, 35/2020, 42/2020 and 12/2021, which required a composition respecting gender diversity in the management and oversight bodies of civil associations, foundations and companies.
What it regulates
It eliminates the regulatory requirement of gender parity in the composition of the governing bodies, on the grounds that it exceeded the powers of the IGJ.
- Repeals RG 34/2020 (composition with gender diversity in the governing bodies).
- Repeals RG 35/2020 (deadlines for the entry into force of RG 34/2020).
- Repeals RG 42/2020 (exceptions for religious entities) and RG 12/2021 (related).
- Is grounded in rulings holding that these measures require legislative regulation, not administrative regulation.
Official source: RG IGJ 13/2024 — Boletín Oficial (Official Gazette) (11/04/2024)
Commentary
It affects the composition of boards of directors, executive committees and oversight bodies: after this resolution, the IGJ no longer requires a specific gender composition by way of regulation. The matter, according to the courts, would fall to the legislature.
When appointing officers or amending bylaws, it is advisable to verify the agency's criterion in force, given the changing nature of the regulations.
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