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National Registries Societies - Associations - Foundations - Provisions - Updated Text Of The Norm

Original Language Title: REGISTROS NACIONALES SOCIEDADES - ASOCIACIONES - FUNDACIONES - DISPOSICIONES - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
NATIONAL REGISTERS Law 26.047 Provisions governing the National Register of Access Societies, National Registers of Foreign Societies and Civil Associations and Foundations and the National Register of Non-Action Societies. Organization and operation. Competent agencies. Access to information from the above-mentioned national registries. Requirements to be filled by the Provinces. Implementation Authority. Believe a Technical Committee. Functions. Integration. Alcances. Sanctioned: July 7th, 2005 Cast: August 2nd, 2005 See Background

The Senate and Chamber of Deputies

of the Argentine Nation gathered in Congress,

etc.

Law:

ARTICLE 1 The National Register of Access Societies, the National Register of Foreign Societies, the National Register of Civil Associations and Foundations and the National Register of Non-Actionary Societies shall be governed by the provisions of this Act.

(Article 23 of the Act No. 27.444 B.O. 18/6/2018)

ARTICLE 2 The organization and operation of the national registers set out in the previous article, as well as that provided for in article 295 of the Law on Competitions and Bankruptcy 24.522 and its amendments, shall be carried out by the Ministry of Justice and Human Rights or by the agency indicating for that purpose, through computer systems developed and provided by the Ministry of Modernization or, where appropriate, by whom the national Executive determines.

(Article 24 of the Act No. 27.444 B.O. 18/6/2018)

Article 3 National registries shall be of public consultation by means of information, without the need to establish interest, through the payment of a tariff whose amount and conditions of perception shall be determined by the Ministry of Justice and Human Rights, which may hold special agreements for that purpose.

The funds thus collected shall enter the Single Account of the Treasury of the Nation to be applied, to the extent necessary, to meet the maintenance costs of national registries and the relevant agencies, to whose respective jurisdictions the funds concerned shall be transferred to that purpose, as established in the regulation.

The national, provincial, municipal and Autonomous City of Buenos Aires will be exempt from this tariff.

The agencies referred to in Article 4 shall be the only ones authorized to issue certificates relating to the data of the entities registered therein.

(Article replaced by Article 25 of the Act No. 27.444 B.O. 18/6/2018)

ARTICLE 4 The administrative units and judicial authorities of the different jurisdictions which, under local law, have assigned the functions of the public registry for the registration of the constitution and modification of local and foreign companies and the functions to authorize the act as private legal persons of civil associations and local and foreign foundations, shall transmit by computer means to the Ministry of Justice and Human Rights or to the agency that indicates to the effect, the data corresponding to entities that register, modify,

To that end, they shall use the computer systems referred to in Articles 2 and 5°, as well as for compliance with Articles 6°, 7° and 8°, by forwarding the data and registrations made, duly digitized in the time frames and forms determined by the regulation or, where appropriate, the cooperation agreements provided for in the second paragraph of Article 5 of this Law.

For the purposes of this Act, changes will include changes in the integration of the organs of administration, representation and control of legal persons; transmissions of social participations subject to registration in the public registry; the presentation of accounting states; the procedures for reorganization, dissolution and liquidation of corporations and entities and the affidavits of final beneficiaries.

(Article 26 of the Act No. 27.444 B.O. 18/6/2018)

ARTICLE 5o In order to comply with the provisions contained in the present report, the provinces shall enter into appropriate accessions and sign agreements with the Ministry of Justice and Human Rights in the area of their competence, which shall include, inter alia, the right of jurisdictions to have mutual access to national registries.

The Ministry of Modernization or, where appropriate, the national executive branch shall determine, make available to the various jurisdictions, the necessary computer systems or platforms that they shall adopt for this purpose. Likewise, the Ministry of Justice and Human Rights, in itself or interacting with other agencies of the national State, will assist the different jurisdictions with the scopes agreed upon in the cooperation agreements to be concluded with this objective.

(Article replaced by Article 27 of the Act No. 27.444 B.O. 18/6/2018)

ARTICLE 6 Proceedings in which administrative conformity, registration or authorization are processed shall be identified with the sole code of tax identification (CUIT) assigned in that process to the entity by the Federal Public Income Administration, through the competent provincial agency or authority, without prejudice to the identification that may be added by that agency or provincial authority.

The Federal Public Income Administration shall not, within the scope of its competence, proceed with taxation or any other procedure by the respective legal person, until the precited requirement is met.

The aforementioned tax identification .o which the Federal Public Income Administration has in its replacement Público will be maintained throughout the entity's validity, without prejudice to the additional numbering that may be added by the authority that provided the administrative conformity, registration or authorization.

ARTICLE 7 In the circumstances of the modifications set out in article 4 of this Act, the competent authorities of the respective provincial jurisdictions shall require the entities to update the data specified in this article.

(Article replaced by art. 28 of the Act No. 27.444 B.O. 18/6/2018)

ARTICLE 8 The provinces and the Autonomous City of Buenos Aires should organize and execute the necessary measures for the incorporation into the national registers of the data of the pre-existing societies and entities.

For the purposes of the entry of information into national registries, it will be started by societies and entities of lesser age, computing from the date of registration or authorization originating from the entities, respectively.

The first phase shall cover societies and entities of a maximum age of five (5) years and shall be completed within the maximum time limit provided for in Article 5 of this Law. Following this stage, the information of companies and entities with the age of five (5) years will also be entered, within a period not exceeding two (2) years after the conclusion of the previous phase.

(Article 29 of the Act No. 27.444 B.O. 18/6/2018)

Article 9 The different jurisdictions shall refer to the national registries specified in article 1 all of the data included in the respective public or private instruments, including subsequent modifications or rectifications, in respect of which the registration, administrative conformity or authorization has been made.

(Article replaced by art. 30 of the Act No. 27.444 B.O. 18/6/2018)

ARTICLE 10. The Ministry of Justice and Human Rights shall be the authority to implement this Act.

It may dictate the appropriate rules and request the judicial and administrative authorities of the different jurisdictions all the information it considers necessary for the enforcement of the same, unless they violate the principle contained in article 121 of the National Constitution.

In addition to those entities whose registration, authorization or modification after the validity of this law corresponds to their competence, they must adapt and maintain their own database in digital format. It shall also issue, subject to substantive legislation, the relevant rules in order to determine the data to be included in the national registries set out in article 1 of this Act, as well as those relating to the operating procedures it deems necessary or appropriate for the conformation of the same.

(Article 31 of the Act No. 27.444 B.O. 18/6/2018)

ARTICLE 11. A technical advisory committee shall be composed of one (1) representative designated by the Ministry of Justice and Human Rights and two (2) representatives of two (2) jurisdictions, who shall be appointed by the Federal Investment Council.

The Committee shall be responsible for the development of technical proposals and suggestions aimed at achieving a permanent improvement in the functioning of the national registries referred to in article 1 of this Act.

(Article 32 of the Act No. 27.444 B.O. 18/6/2018)

ARTICLE 12. Acts carried out pursuant to this Act do not replace their contents and effects on the registration, registration or authorization of each local jurisdiction, the formalities and procedures of which shall be governed by the rules and regulations applicable to each of them.

ARTICLE 13. (Article repealed by art. 33 of the Act No. 27.444 B.O. 18/6/2018)

ARTICLE 14. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE JULY DAY OF THE YEAR DOS MIL CINCO.

No. 26.047

EDUARDO. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan H. Estrada.



Background

- Article 13 repealed by art. 17 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 11 replaced by art. 16 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 10 replaced by art. 15 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 9 replaced by art. 14 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 8 replaced by art. 13 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 7 replaced by art. 12 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 5 replaced by art. 11 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 4 replaced by art. 10 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 3, replaced by art. 9th of the Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 2 replaced by art. 8° Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 1 replaced by art. 7° from Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the day of its publication in the OFFICIAL BLOOD OF THE ARGENTINA REPUBLIC.