National High Performance Sports Creation - Updated Standard

Original Language Title: ENTE NACIONAL DE ALTO RENDIMIENTO DEPORTIVO CREACION - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
NATIONAL ENTER OF HIGH DEPORTIVE ENDANCE Law 26,573 Creation. Sanctioned: December 2 of 2009 Enacted: December 21 of 2009

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., sanction with force of law:

NATIONAL ENTER OF HIGH COMMISSIONER FOR

(ENARD)

CHAPTER I

Object

ARTICLE 1 Consider the National High-Personal Performance Entity, as a legal person of non-State public law to manage and coordinate specific economic support for the implementation and development of high-performance policies.

ARTICLE 2 The entity has full legal capacity to administer the resources allocated in this Act, affecting them exclusively:

(a) To allocate scholarships to athletes engaged in sports activities and competencies as provided for in the regulation of this Act;

(b) To supplement the subsidies of the Ministry of Sports of the Nation to meet the costs of participation in international sports competencies that are contained in the official calendar of the respective International Federation and which are included in the annual budget, approved by the Executive Board;

(c) Solventing fees for trainers and technicians affected to high performance;

(d) Hiring specialists in sports sciences and acquiring the necessary elements for the training of athletes;

(e) To provide economic support for the organization of national and international competencies within the territory of the Argentine Republic;

(f) Ensure the medical-assistance coverage of athletes, trainers and technicians contemplated in this law;

(g) Solventing the costs of taking the samples of the high-performance athletes that are linked to programs under the orbit of the Ente, in the controls carried out by the NATIONAL COMMISSION ANTIDOPAJE and the costs involved in the analysis of such samples in laboratories accredited by the WORLD AGENCE ANTIDOPAJE; (Incision replaced by art. 53 of the Act No. 27.434 B.O. 12/01/2018)

(h) Arbitrate the driving measures to support paralympic athletes;

(i) Implement plans, programs, projects and actions through public or private executing units, national, provincial, municipal or the Autonomous City of Buenos Aires suitable for such tasks, not being able to exceed ten percent (10%) of the resources collected annually.

Article 3 The Ente has a domicile in the Autonomous City of Buenos Aires and operates in the regions of the country, as stipulated in article 9 of Law 20.655 and its regulations.

To this end, the Ente may establish delegations in the respective regions, proving that the training and qualification of athletes will take place in their province of belonging. It may also act abroad in accordance with the scope of this Act.

ARTICLE 4 The entity does not have profits and enjoys administrative and financial autarchy.

CHAPTER II

Partners

ARTICLE 5o The Ministry of Social Development and the Argentine Olympic Committee are founding members of the Ente.

ARTICLE 6 The founding partners have the following rights:

(a) To elect and be elected to the posts of the Executive Board of the Ente;

(b) Nominate representatives to hold the posts of the Prosecutor ' s Commission and the Disciplinary Court of the Ente, who must perform functions exclusively in each such body;

(c) To participate with the right to voice and vote through its representatives in the General Assembly;

(d) Participate in the activities and acts determined by the Executive Board or the General Assembly;

(e) Having access to all the Ente books;

(f) Propose the suspension of one or more directors of the Ente, founded on the non-observance of duties, as established by this law and the current regulations.

ARTICLE 7 The founding partners have the following obligations:

(a) To comply with the resolutions issued or adopted by the General Assembly and the Executive Board;

(b) Perform through their representatives the charges or commissions entrusted to them;

(c) To attend meetings of the Ordinary or Extraordinary General Assemblys;

(d) To participate in activities aimed at the fulfilment of the aims of the Entity.

CHAPTER III

Government and administration

ARTICLE 8 The Ente has the following organs of Government and Administration:

(a) The General Assembly of Partners;

(b) The Executive Board;

(c) The Fiscalizing Commission;

(d) The Disciplinary Court,

Of the assemblies

Article 9 The General Assembly consists of 10 members. Each of the founding partners is represented by five (5) persons, one of whom must be Olympic or high-performance ex-porter.

ARTICLE 10. Representatives are appointed by an Olympic cycle and their function is valid until 31 December of the year that the Olympics end.

For this purpose, the quatrienio calculated in the terms of paragraphs 1, 2 and 3 of the text of application of regulation 6 of the Olympic Charter is understood by the Olympic cycle.

In the event of the removal, waiver or death of a representative, the representative shall be immediately replaced by another, designated for that purpose by the corresponding founding partner, who shall last in his or her functions the time remaining to complete the period of the replacement.

ARTICLE 11. Founding partners must exercise their rights and fulfil their obligations through their representatives.

ARTICLE 12. The General Assembly of Partners is Ordinary or Extraordinary. The first, should be held in the first quarter of each year.

ARTICLE 13. The Ordinary General Assembly should know and pronounce on the following subjects:

(a) Adopt the Institutional Strategic Plan or its amendments. In this regard, the unanimous approval of the representatives of the Ministry of Sport of the Nation is required;

(b) Adopt annual memory and balance;

(c) To elect members of the Executive Board, the Fiscal Commission and the Disciplinary Tribunal;

(d) Review and pronounce on the budget for the next year ' s financial period, which should be proposed annually by the Executive Board;

(e) Adopt and modify the internal regulations of the institution.

ARTICLE 14. The Extraordinary General Assembly should be held whenever the Executive Board agrees to convene it or at the request of five (5) representatives of the founding partners, indicating the reasons for the written request to the President of the Executive Board.

ARTICLE 15. The Extraordinary General Assembly should deal only with matters relating to matters indicated in the convening.

ARTICLE 16. The summons to the Ordinary or Extraordinary General Assembly should be made by means of a fruitful notification to the representatives of the Assembly, without prejudice to a notice published once in a national circulation journal that determines the Executive Board and in the Official Gazette, within ten (10) days that precede the one set by the Executive Board for the meeting.

ARTICLE 17. The Ordinary or Extraordinary General Assembly must be legally installed and constituted with the presence of half plus one of the representatives of the founding partners. If this quorum does not meet, it will be recorded in the record and a new citation must be made, within thirty (30) days of the first call, in which case the Assembly will be with the representatives present.

ARTICLE 18. General Assembly resolutions should be taken by an absolute majority of the votes of the present.

The deliberations and agreements adopted must be recorded in a record book to be carried by the secretary. The minutes will be signed by the president, the secretary and a representative of each founding partner appointed by the Assembly.

ARTICLE 19. The General Assembly must be chaired by the president of the Ente who will be assisted by the secretary of the Executive Board; by the absence of the president the Assembly will elect its replacement respecting the hierarchical order of the Executive Board. In the absence of the board authorities, the assembly must appoint a director to preside over it.

ARTICLE 20. The General Assembly may be deferred through a well-founded resolution, when decided by the Executive Board.

Executive Board

ARTICLE 21. The Ente will be administered by an Executive Board consisting of eight (8) members, of which it will correspond to: three (3) representatives of the National Sports Secretariat, three (3) representatives of the Argentine Olympic Committee and two (2) former Olympic or high-performance athletes, corresponding this last designation to one by each founding partner.

ARTICLE 22. The Executive Board, whose functions are unpaid, must be made up of the following: president, vice president, secretary, treasurer and four (4) directors.

ARTICLE 23. The Executive Board's mandate is four (4) years, coinciding with the Olympic cycle.

ARTICLE 24. The positions of the Executive Board are exercised as follows:

(a) The Presidency and the secretariat, by the representatives of one of the founding partners;

(b) The vice president and the treasury, by the representatives of the other founding partner.

The National Sports Secretariat should designate the authorized representatives in order to carry out the hierarchical positions within the Executive Board.

The president and the secretary-general of the Argentine Olympic Committee, or their natural substitutes in case of impediment, are the only persons authorized to hold hierarchical positions within the Executive Board on behalf of that agency.

The Ordinary General Assembly in a single vote and in equal proportions by each founding partner should elect the members who will hold the positions of Directors.

The first Olympic cycle should be exercised by the representatives of the Argentine Olympic Committee and then both partners will alternate in the positions.

ARTICLE 25. The Executive Board has the following rights and obligations:

(a) Manage the entity;

(b) To convene Assembly and establish the Order of the Day thereof;

(c) To issue the Regulations to be adopted by the Assembly;

(d) To comply with and enforce the Regulations and Rules, interpreting them in case of doubt, giving account of the resolution to the next Assembly to be held;

(e) Submit to the Ordinary General Assembly the report, General Balance, Inventory, Expenditure Account, Resources and Reports of the Fiscalizing Commission. This documentation must be forwarded to the founding partners, with fifteen (15) days in advance to the fixed date of the Ordinary Assembly;

(f) To implement the resolutions of the Assembly;

(g) Create the Councils or Commissions that are necessary for the better fulfilment of the purposes of the Entity;

(h) Accept the voluntary incorporation as adherents, without voice or vote, of natural or legal persons, public or private, interested in the objectives of the Ente;

(i) Manage and control the collection of resources provided for in this Act;

(j) Implement plans, programs, projects and actions that are consistent with the objectives of the entity;

(k) Designate the staff necessary for the fulfilment of the social purpose.

Rights and obligations of members of the Executive Board

ARTICLE 26. The President of the Executive Board has the following rights and obligations:

(a) To represent the entity;

(b) To convene meetings of the Executive Board;

(c) Presiding the Assembly and meetings of the Executive Board and having a double vote in the event of a tie;

(d) To sign jointly with the Registrar the records and any administrative documentation;

(e) To sign jointly with the Treasurer, payment orders and any documentation concerning the economic march of the Ente;

(f) To resolve the issues of urgency and the difficulties that arise, if it is not possible to convene the Executive Board in time and form, it must realize what happened at the next session.

ARTICLE 27. The president must be replaced, in the event of a temporary absence or impediment, by whom it happens in the hierarchical order of the Ente.

ARTICLE 28. The secretary has the following rights and obligations:

(a) Draft the minutes of the Assembly and the meeting of the Executive Board;

(b) Draft correspondence and take charge of the maintenance of all the administrative documentation of the entity;

(c) To sign with the President the records and administrative documentation of the Ente;

(d) Acting as secretary in the Ordinary or Extraordinary Assembly.

ARTICLE 29. The Treasurer has the following rights and obligations:

(a) Deposit the funds received in the bank entities designated by the Executive Board, in accounts to the order of the entity;

(b) Make payments approved by the Executive Board or authorized by the President;

(c) To sign jointly with the president the orders of payment, cheques and all the financial documentation of the Ente;

(d) To carry the necessary accounting books and prepare the annual memory and balance, having to provide the Executive Board with the reports it requires regarding the movement and economic status of the entity;

(e) Prepare and submit to the Executive Board the necessary budgets for the purpose of the entity.

ARTICLE 30. The Executive Board must meet in session on the periodicity that the Board determines.

The president may summon it when he deems appropriate or requests three (3) members of the body.

The call will take place within eight (8) days after the receipt of the request and not less than forty-eight (48) hours in advance.

ARTICLE 31. A minimum of five (5) members is required to form a quorum. Each of the directors has the right to vote and the president has one more vote in the event of a tie. Resolutions are taken by a majority of those present.

The members of the Executive Board must be summoned by fruitful communication in the event of unforeseen meetings.

The meeting should be communicated by means of fruitfulness and included in the Book of Acts, keeping in mind the matters that motivated the citation.

The members of the Executive Board must record their presence in the Register of Assistance and all the resolutions taken shall be transcribed in the Book of Acts, both duly signed for that purpose, with the signature of the president and the secretary of records.

CHAPTER IV

Control and audit

ARTICLE 32. The Ente Fiscalizing Commission functions as Internal Audit and is composed of four (4) members and four (4) alternate members elected by the Ordinary General Assembly, who will last four (4) years in their functions, coinciding with the Olympic cycle and may be re-elected.

ARTICLE 33. The Commission has the following rights and obligations:

(a) Fiscalize the administration of the entity in accordance with the standard auditing standards;

(b) Monthly review of the books and documents of the Ente;

(c) Dictamine on the Annual Report and Balance;

(d) Assist meetings of the Executive Board, where required or when requested by the Fiscal Commission;

(e) Report monthly to the Executive Board on the result of its management;

(f) Make recommendations to improve and optimize the use of the resources of the entity;

(g) Any task as set forth in this Act and its corresponding regulation.

ARTICLE 34. The Fiscalizing Commission must be chaired by one of the members elected by the majority of votes of its members and lasts one (1) year in its functions and may be re-elected. In the event of absence, a replacement shall be designated among its members.

ARTICLE 35. The entity is subject to the External Control of the General Audit of the Nation for the purpose of monitoring and controlling the administration of the resources allocated by this law.

CHAPTER V

Disciplinary court

ARTICLE 36. The Disciplinary Tribunal is composed of four (4) members and four (4) alternate members elected by the Ordinary General Assembly, who last four (4) years in their functions, coinciding with the Olympic cycle and may be re-elected.

ARTICLE 37. The Disciplinary Tribunal has the following rights and obligations:

(a) To develop a Code of Ethics, which should be considered in the first Ordinary General Assembly of the Ente;

(b) Propose to the Executive Board the appropriate penalties or disciplinary measures;

(c) Carrying a book with record of the penalties, penalties or disciplinary measures applied and the archive of procedures performed;

(d) To report on their activities to the Executive Board and the General Assembly on the opportunities in which these bodies so require;

(e) To propose to the General Assembly the amendments to the rules and procedures governing the discipline of the entity.

ARTICLE 38. The sanctions that may be applied by the Executive Board or the General Assembly are as follows:

(a) Friendship;

(b) Suspension up to sixty (60) days;

(c) Expulsion.

Sanctions must be applied as a preliminary measure to be instructed, which will ensure the right of defence in trial and other constitutional guarantees.

CHAPTER VI

Resources

ARTICLE 39. The activities and actions of the entity must be financed by the following resources:

(a) The national executive branch will include in each draft National Administration Budget Law the annual amount to be transferred to the National High Sports Performance Entity (ENARD), which for the year 2018 will be nine hundred million pesos ($900,000.000). For subsequent years, this amount will be increased by the annual rate of growth of the primary expenditures of the National Administration included in each draft Budget Law.

The annual assigned amount will be transferred monthly . automatically. to ENARD in equal and consecutive quotas. (Replaced decision by art. 127 Act No. 27.430 B.O. 29/12/2017. Watch: the day following the date of its publication in the Official Gazette and will come into effect in accordance with the provisions of each of the Titles that make up it. See art. 128 of the Reference Law)

(b) The production of contributions, donations, subsidies and contributions made by natural or legal persons, State or private persons and all resources available to the national State.

Apportionment is exempt from payment of taxes or national fees.

Over the fiscal year the amount deposited into account will automatically be transferred to the next period.

Transitional arrangements

ARTICLE 40. A Transitional Organizing Commission consisting of the Secretary of Sport of the Nation and the Chairman of the Argentine Olympic Committee, should automatically remain in office at ten (10) days after the publication of this Act in the Official Gazette.

ARTICLE 41. The Transitional Organizing Commission must put into operation the ENARD within sixty (60) days after its formation, taking the necessary provisions for that purpose.

ARTICLE 42. Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWO DAYS OF THE TWO YEAR TWO MIL NEW.

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JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.