CIVIL ASSOCIATIONS Law 27.098 Promotion of the Clubs of Barrio and Pueblo. Sanctioned: December 17, 2014 Enacted: January 20, 2015
The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress etc. sanction with force ARTICLE 1 — Object.
PROMOTION REGIME OF CLUBS OF BARRIO AND PEOPLE
Establish the Regime for the Promotion of Clubs of Barrio and Pueblo for the generation of social inclusion and collective integration through the promotion, strengthening and development of neighbourhood and village clubs through assistance and collaboration in order to strengthen their community and social role. ARTICLE 2 Definition.
Refer to those associations of public good legally constituted as civil non-profit associations as neighbourhood and people ' s clubs, which are aimed at the development of non-professional sports activities in all their forms and to facilitate their facilities for non-formal education, the cultural promotion of all their partners and the community to which they belong and the respect for the environment, promoting socialization mechanisms that guarantee their care and promote their sustainability. ARTICLE 3 — Implementing authority.
The Ministry of Social Development, the Ministry of Sports, is the authority for the implementation of this Act. ARTICLE 4 Registration.
Please refer to the National Register of Clubs of Barrio and Pueblo in the field of the Ministry of Social Development of the Nation's Ministry of Sports, which will aim to identify and classify each neighborhood and village club, protect them and protect the rights of all those who practise sport or engage in cultural activities in their facilities. ARTICLE 5 — Registration.
Those institutions defined in Article 2 of this Law may be registered in the registry which meet the following requirements:
(a) Poseer personería jurídica vigente y domicilio legal en la República Argentina;
(b) Accredit a minimum age of three (3) years since its formal constitution;
(c) Possess a minimum of fifty (50) associates and a maximum of two thousand (2,000) partners at the time of registration. ARTICLE 6 Functions.
The Ministry of Social Development, in its capacity as implementing authority, has the following functions:
(a) To implement the National Register of Clubs of Barrio and Pueblo, which shall establish the requirements to be met by the entity to be admitted and registered in the registry by facilitating registration procedures;
(b) Control and verify that the request is in line with the actual need of the entity;
(c) To analyse the financial situation of the registered entity;
(d) Organize, manage and coordinate the allocation of economic aid to the neighbourhood and village club registered in the National Register of Clubs of Barrio and Pueblo by determining the amount of the allocation of funds to be designated and to be invested in order to improve the infrastructure and services of the entity;
(e) Inspect, audit and periodically control that funds allocated to the neighbourhood and village club are used for the purposes for which they were granted;
(f) Verify compliance with the accountability of each entity. ARTICLE 7 Clothing and presentation.
The accounting states elaborated by the entities mentioned in Article 2°, which yield an annual income equivalent to the G category of the mono-component regime shall be an affidavit upon approval by an absolute majority in assembly. It must also have the joint signature of the president and the Treasurer, being a sufficient document for the presentation to the collect agency. ARTICLE 8 — Assistance unit.
The Ministry of Sports of the Nation will organize a unit of assistance to the neighborhood and village clubs composed of suitable staff that aims to assist and advise the entities in order to facilitate the fulfillment of the requirements necessary to register in the National Register of Clubs of Barrio and Pueblo. For the only time, the institutions will have an extension of three (3) months to establish their accounting states in order to regularize the aforementioned situation. ARTICLE 9 — Allocation of funds.
The procedure for the allocation and control of funds for the instituted regime shall be regulated by the enforcement authority of this Act. ARTICLE 10. - Participatory budget.
The implementing authority will create and regulate a participatory budgeting scheme within which registered entities will be able to participate in the development of part of the annual budget allocated. The entities may understand, contribute and propose in the distribution of resources taking into account their needs. ARTICLE 11. - Destiny of funds.
Economic aid provided for in article 6 (d) should be used exclusively to:
(a) Improve the building conditions of the neighbourhood and village club;
(b) To acquire inputs or materials to develop or enhance sport or cultural activities;
(c) Hiring services to improve or facilitate access by partners to sporting or cultural events;
(d) Hiring human resources for sports instruction or artistic activities;
(e) Train managers and workers to perform work in the entities;
(f) Organizing cultural or sporting activities;
(g) Promote the dissemination of activities in entities;
(h) Promote preventive medicine programmes by ensuring access to health information;
(i) Establish primary prevention programmes and strategies for addictions;
(j) To request to the competent authority the granting of legal status and the adoption of its social status;
(k) Establish infrastructure and/or building security measures. ARTICLE 12. - Inclusion of persons with disabilities.
Neighborhood and village clubs should seek reasonable accommodation in order to adapt their facilities to the needs and accessibility of persons with disabilities, as well as sports, cultural, leisure and other activities within the corporate sphere, with a view to including persons with disabilities. ARTICLE 13. - Assignment procedure.
The procedure for the allocation of funds for the implementation of the law will be implemented by the Ministry of Social Development of the Nation. ARTICLE 14. - Sanction.
They will be sanctioned with fines of up to the value of thirty thousand (30.000) litres of common nafta at the price of the company YPF S.A. (S.A. Petroliferous Banks) those neighborhood and village clubs whose managers misuse the funds allocated or in any way violate the destination for which the subsidies were allocated, without prejudice to the fact being a crime punishable by the Criminal Code of the Argentine Republic. ARTICLE 15. - Resources.
The resources necessary for the implementation of this law shall be derived from the funds determined by the regulations and resources of the Treasury of the Nation established annually in the budget of resources and expenses of the Nation. ARTICLE 16. - Beneficiary.
The entity that is registered in the National Register of Clubs of Barrio and Pueblo will benefit from a basic social rate of public services. The implementation and determination of the basic social rate will be carried out by the implementing authority, which is empowered to:
(a) Establish the criteria for determining the benefits and beneficiaries of the basic social rate;
(b) To conclude the respective agreements with public service providers and public service regulators;
(c) Monitor the implementation and operation of operational structures in the various jurisdictions;
(d) Verify the correct application of the basic social rate by service providers.
Likewise, the regulatory bodies of public services must implement, incorporate and adapt in their tariff tables the basic social rate created by this law. ARTICLE 17. - Inembarkability.
Property that is affected for sport, recreation and social purposes that are owned by neighbourhood clubs and people registered in the national registry established in Article 4 of this Law shall not be liable to execution or embargo for debts subsequent to their registration as such, except for obligations arising from taxes or fees that directly affect them; those derived from labour benefits for the entity or from official security of the public entities; ARTICLE 18. - Property law.
Ensure the right to the property for those neighborhood and village clubs that have their headquarters built on tax grounds. ARTICLE 19. - Invitation.
Invite the provinces and the Autonomous City of Buenos Aires to accede to this law. ARTICLE 20. -
Act No. 26.069. ARTICLE 21. -
Transit clause. During the period of one hundred and eighty (180) days from the validity of this law, the neighborhood clubs that credit an activity greater than ten (10) years may apply for registration as a legal person and, in this case, the General Inspectorate of Justice shall print a summary and simplified procedure for the purposes of granting such legal status. ARTICLE 22. -
Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DECEMBER OF THE YEAR TWO MIL CATORCE.
— REGISTRATE BAJO N° 27.098 —
LOVE BOUDOU. - JULIAN A. DOMINGUEZ. - Lucas Chedrese. - Gerardo Zamora.