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Consultation No. 3097 to the Legal Office Superintendency of Notaries and Registration To: Doctor Ricardo Rodríguez Yee President GECELCA SAESP CRA 55 No 72-109 Barranquilla - Atlántico Subject: Settlement of notarial fees in Gecelca capital increase. CN-006 Companies Filing Date 07/11/2007 ER40112 Date: January 9, 2007 Yee Dr. Ricardo Rodriguez as legal representative of the Public Service Company generator and distributor of the Company Caribbean Energy SA GECELCA SAESP, as indicated by the certificate of existence and legal representation issued by the Chamber of Commerce of Barranquilla, claims settlement is performed by the notary fees increased capital of the Company in the amount of $ 699,990,000,000, considering that the current capital is $ 10,000,000. and after the capital increase, amounting to $ 700,000,000,000 will be referred. Legal Commercial Code Resolution No. 7880 of December 28, 2006 Considerations Legal Office Article 461 of the Commercial Code states: "mixed economy are commercial companies that are financed through state funds and private equity. Mixed economy companies are subject to the rules of private law and jurisdiction unless otherwise ordinary. " For its part the Council of State has stated the nature of administrative autonomy held by these companies and therefore are subject states that as a rule to the orbit of private law, primarily represented a substantive by the Civil Code and the Code of Trade, and on procedural matters, the Code of Civil Procedure, and by way of exception, are subject to public law, in matters bearing upon its creation, organization and fiscal control and overall they have to do with their relationships with central administration, in cases where the law has given administrative functions, as when they are empowers you normally correspond to the state, labor and management activities and confidence developed by people who have civil service status. case then a mixed company, the liquidation of notary fees must be made taking into account the special rule enshrined in Article 25 of Resolution No 7880 of December 28, 2006, issued by the Superintendency of Notaries and Registration which states: "Constitution and statutory reforms Mixed Economy Company. The notary fees which are caused by the articles of association of Societies of Mixed Economy of national, departmental or municipal, shall be settled based on contributions from individuals and non-exempt entities involved in the act, which paid in proportion to them. In the scriptures concerning amendments involve a capital increase, the assumption of payment of the respective rights will be handled by these bodies, based on the increase as "(see paragraph a of Article 15. Article 54 of The same resolution states exempt acts that cause no rights whatsoever. The literal n) states: "The performances in those public documents and instruments which involve only the state institutions, except for Industrial and Commercial State Societies of Mixed Economy, which will assume the payment of notarial fees to join themselves to the cause. " The settlement itself should be performed where the notary deed is granted accordingly. Conclusion Settlement for notary fees, by increasing social capital of the Company GECELCA SAESP as mixed economy must be in accordance with Article 25 of resolution 7880, 2006, ie taking as increased capital base, applying the rule to that effect contained in Section b) of article 1 of resolution rates. This query is sent back to the Group Internal Knowledge Management, for its competence. Receive greeting CARLINA GOMEZ DURAN Chief Counsel Office (E). Project: LSB. Check: Edilpa.