The Ministry of Economy and Finance (MEF) published, last Sunday, June 12, the operating regulations of the Law No. 31362, which regulates the payment of invoices or receipts for fees of mypes at 30 days. This regulation was promulgated by the Congress of the Republic in November 2021 and the publication of its provisions was expected to be put into force.
As indicated by Supreme Decree No. 013-2013-PRODUCE, private and public sector companies will have a maximum period of up to 30 calendar days, From the date of issuance, to cancel payments to your suppliers of goods or services. In this sense, the law indicates that the objective is to promote the dynamism of the economy through the provision of liquidity to micro and small enterprises (MYPE).
What benefits would it bring?
In this regard, Daniel Hermoza, director of United Mypes of Perupointed out that the rule protects the capital of mypes and marks a before and after in the negotiations of micro and small companies, especially in relation to the public sector.
“There are three main benefits that this standard brings. The first is that the law authorizes the automatic payment of default interest; the second is that greater competition is generated and a better price for State purchases because there will be certainty of collection. Finally, the third benefit is the disappearance of the famous accrued. This will be given if 100% is fulfilled, ”he said for the Republic.
Likewise, he highlighted that among the most important characteristics that can be found in the law is the inclusion —apart from tickets and invoices— of the fee receipts.
“I think it is also a very good tool that helps professionals, not only mypes, but also professionals,” said the head of Peru Mypes. “Consultants would also benefit from this rule, because the receipt for fees is given to you by advisors and consultants,” she stressed.
Trust in the State
Along these lines, Hermoza estimates that More than half a million companies can be incorporated as state suppliers with the certainty and protection of this new norm.
“It is going to allow many mypes to integrate with the potential suppliers of the State,” said the representative of United Mypes of Peru. “The risks of selling to the public sector were very high and that means that there are currently many companies that have unpaid invoices from the State for many years. This rule will prevent that the celebrities accrued continue to feed, which are the debts from previous years”, he explained.
On the other hand, Román Miu Wong, representative of the Small Industry Committee (Copei) of the SNIemphasized the existence of the factoring law, which was not taken into account when preparing this new standard.
“In principle, this law is fine because the payment to mypes often lasted more than 30 days, but it comes out a little in contrast to what exists at the moment on factoring,” Miu stressed. “In factoring, on the eighth day, one could already carry out a negotiation with the invoice. So, we can say that with this new norm the obligation to pay is extended a little longer, ”he added.
In addition, he stressed that there would be a disagreement between the two laws due to the difference in the time limits. “What should be specified and that we have not seen in the regulation is what happens with those eight days where the invoices become a security. Laws are enacted superimposing other existing ones that may be better or more effective, but let’s not forget that an invoice, when it becomes a security, can practically be used as collateral, as well as a letter”, Miu Wong specified.
“Actually, our expectation was to boost the massive use of factoring because for us it is much more effective, since it allows us to even give this invoice as value, that is, give it a better collection condition for this document,” he added.
Absence of regulatory entities
Similarly, Daniel Hermoza, from Mypes Unidas del Perú, pointed out that the norm does not yet explicitly establish who will be in charge of pressuring the public sector to comply with the payment of interest.
“We would propose to the Comptroller General of the Republic. Given that the nature of this law was interests, it should give a directive to the entire public sector so that the law is strictly complied with,” Hermoza stressed.
For his part, Román Miu Wong, a member of the mype platform, agreed that there is an absence when defining the entity that will enforce the law, as well as mechanisms to demand payment within the term. Along these lines, he stressed that there is also a gap in the purchases made by the public sector from mypes.
“The State cannot buy if it does not have the money in cash. In other words, they are supposed to have that money for a reason. The law empowers them to buy because the funds have already been transferred”, he concluded.