On May 11, 2023, Supreme Decree Nº 007-2023-MTC (“DS 007”) was published in the Official Gazette “El Peruano”, in an extraordinary edition, amending Article 12 of Section One of the Regulation of Organization and Functions (“ROF”) of the Urban Transport Authority of Lima and Callao (“ATU”), approved by Supreme Decree Nº 003-2019-MTC, which regulates the grounds for vacancy or removal of the members of the Board of Directors of the ATU.
Previously, Article 12 of the ROF established six (6) grounds for vacancy or removal of ATU directors, which were: (i) death, (ii) permanent disability, (iii) accepted resignation, (iv) legal impediment supervening the appointment, (v) removal due to serious misconduct, and (vi) unjustified absence to three (3) consecutive or five (5) non-consecutive sessions of the Board of Directors, within a period of one year, unless authorized leave of absence. Through the DS 007, a new cause for vacancy or removal is introduced, consisting of the “loss of confidence of the proposing authority”.
Thus, under the new wording of the ROF approved by DS 007, on May 13, 2023, Supreme Resolution Nº 009-2023-MTC was published in the Official Gazette “El Peruano”, which terminated the appointment of Mrs. María Jara as member and president of the Board of Directors of the ATU. In her place, on the same date, Mr. José Aguilar Reátegui was appointed as new member and president through Supreme Resolution Nº 010-2023-MTC.
For further information, please contact Alejandro Manayalle (amanayalle@estudiorodrigo.com) and/or Diana Briones (dbriones@estudiorodrigo.com).
