Sworn declaration of approval by positive administrative silence

We draft your sworn declaration of approval by positive administrative silence, addressed to the entity you name, using the details you give us. This is not legal advice or representation, it does not evaluate whether your specific procedure falls under the negative-silence list, and it does not guarantee the entity will recognize the fictitious approval.

This is not legal advice or representation. Positive administrative silence (SAP) is the general rule under articles 33.1.1 and 33-A.1 of the consolidated text of Ley N.º 27444, but it does NOT apply to procedures on the taxative list in article 34.1 (health, environment, the financial system, public safety, among others), where negative silence applies instead. Before using this document, confirm your procedure is not on that list — if it is, this declaration will not help you and you need a different remedy. This letter also does not calculate the deadline the entity had to respond: you must state it yourself, based on the entity's TUPA or your procedure's specific rule.
Check the entity's TUPA or your procedure's specific rule; if you can't find it, the general default is thirty (30) business days under article 35 of the TUO of Ley N.º 27444, unless another law sets a different one for your case. Enter only that period here, without adding anything: the five (5) notification days go into the date below.
For positive silence it is not enough for the procedure deadline to pass. Article 188.1 of the TUO of Ley N.º 27444 adds the maximum notification period of article 24.1, which is five (5) days. Count the procedure deadline and then those five days, from the day after you filed, in business days: leaving out weekends and public holidays (art. 134.1). If you file the declaration before that date, the approval has not taken effect yet.

It is a draft that you review and file yourself. It is not legal advice or representation. Delivering it is free and you do not need a lawyer; what you pay for is the drafting.

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