Common Mistakes When Dealing with the State and How to Avoid Them Legally
Interacting with state entities in Ecuador can be a complex process that, if not handled properly, can lead to delays, penalties, or the denial of applications. Here are some common mistakes and recommendations for avoiding them.
1. Ignorance of the procedures and requirements
One of the main obstacles is the lack of information on the procedures and documents necessary to carry out procedures with the State. This lack of knowledge can result in incomplete or incorrect applications being submitted.
How to avoid it:
- Research the specific requirements of the procedure you want to carry out beforehand. Institutions usually provide this information on their official websites.
- Check the government platform for up-to-date details on various procedures and services.
- If in doubt, please contact the appropriate entity directly for clarification.
2. Failure to meet established deadlines
Failure to respect the times defined by the public administration can lead to the expiration of applications or the imposition of sanctions.
How to avoid it:
- Familiarize yourself with the specific deadlines of each procedure and plan ahead to meet them.
- Use time management tools, such as calendars or reminders, to monitor deadlines.
- In case of difficulties in meeting a deadline, explore the possibility of requesting extensions or extensions, if the regulations allow it.
3. Ignorance of administrative silence
In Ecuador, administrative silence is a legal figure that is activated when the administration does not respond to a request within the established period. Depending on the case, this silence can be interpreted as acceptance (positive silence) or rejection (negative silence) of the request.
How to avoid it:
- Familiarize yourself with the concept of administrative silence and how it is applied in the procedures you carry out. The Organic Administrative Code (COA) regulates this figure in Ecuador.
- If the administration does not respond within the stipulated time, determine whether the silence is positive or negative and act accordingly.
- Consider seeking legal advice to interpret and proceed appropriately in situations of administrative silence.
4. Lack of follow-up to requests
Submitting an application and failing to monitor its progress may result in missed opportunities to correct errors or provide additional information requested by the entity.
How to avoid it:
- Regularly track the status of your paperwork, whether through online platforms, phone calls, or face-to-face visits.
- Document all interactions and communications with the entity to have a detailed record of the process.
- Respond in a timely manner to any additional requirements that are requested.
5. Not having specialized legal advice
Some procedures, especially those related to public procurement, tenders or tax matters, can be particularly complex and require in-depth knowledge of current regulations.
How to avoid it:
- Consider hiring an attorney or consultant who specializes in administrative law who can guide you through the process.
- Professional advice can prevent costly mistakes and ensure that all legal requirements are met.
Conclusion
Interaction with the Ecuadorian State requires a clear understanding of the applicable procedures, deadlines, and regulations. By being properly informed, respecting the established times, understanding legal figures such as administrative silence, actively following up on their requests and, when necessary, seeking specialized advice, you will be able to minimize errors and facilitate a more efficient and effective relationship with public entities.
