Transport Secretariat

TRANSPORT

DECEMBER No. 6.339

Transport

Modifications are made to transfers of permits for autotransport lines.

Bs. As., 8/10/69

VISTO File No. 2.402/69 of the Registry of State of Transport, carried out on the basis of various transfers of permits of lines of transport, and

CONSIDERING:

That under the protection of the provisions of art. 23 of Decree No. 27,911/39 regulating Act No. 12,346 frequently requests transfers of new permits, of self-transportation lines, following the exact term of the stipulated time limit for such administrative procedures;

That thus shows that it is not the purpose of the beneficiary companies in managing and obtaining the permission indicated by the Law the establishment and subsequent provision of the services but that a profit end is sought with the alienation of the agreed permit;

That the short two-year period required by the above-mentioned article facilitates private transactions and agreements that still take place prior to the establishment and effective delivery of services;

That the supplementary provisions contained in the Nros Decrees. 11.083/44 and 11.084/44 are not sufficient to prevent the continuation of manoeuvres aimed at reversing the objectives and purposes of the State Secretariat for Transport by granting permits for the establishment of self-transport lines;

That also Decree No. 11.083/44 prohibits modifications in the requesting companies as long as the processing of the transfer lasts, excluding from such prohibition to the anonymous companies, even though by Decree N° 19.014/44 is required for the same as the actions are nominative;

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1.- Replace article 23 of Decree No. 27.911/39 of the Law No. 12.346 with the following: Article 23 - Permits may not be negotiated or transferred without the express prior authorization of the Ministry of State of Transport. When applying for authorization to transfer or negotiate a permit and in order to ensure the efficiency and continuity of the exploitation, the same quality required by the initiator of the permit must be checked as to the person or society to take over the service. In no case may the original permit be transferred if the service has not been in operation during the end of the five (5) years for which it was agreed.

Art. 2°.- Replace Article 2 of Decree No. 11.083/44, with the following: Article 2 - As long as the application referred to in the previous article lasts, the applicant law companies may not modify their composition. Otherwise, they must submit a new application without the studies and procedures carried out.

Art. 3rd.- Replace Article 1 of Decree No. 11.084/44, by the following: Article 1 - Where the State Secretariat of Transport grants permits or renegotiations rights, in accordance with the requirements of Law No. 12.346, to commercial companies, the name of the persons who constitute the company shall be specified in detail, in addition to the composition of the directory in the case of Anonymous Societies.

Art. 4°.- Modifications in the social cast or components of a commercial society, as well as in the company directory for actions, holder of a new self-transport permit, may not be made if the service has not been in expropriation for two (2) years, except for cases of death or physical incapacity.

Art. 5°.- Modifications that mean the transfer of capital quotas by more than 50% of the same or the transfer of shares representing 51 % of the social capital will be considered as transfer of permission in fact.

Art. 6°.- The State Secretariat for Transport shall have the expiration of the permit if it is verified directly or indirectly that the transfer took place under any title prior to the deadlines set out in Article 23 of Decree No. 27.911/39 or that it has not been complied with in Articles 4° and 5°, either by direct sale of parties or actions or by private agreements that have the same effects of the sale mentioned above.

Art. 7°.- This decree will be endorsed by the Minister of Economy and Labour and signed by the Secretary of State for Transport.

Art. 8°.- Contact, post, give to the National Directorate of the Official Register and archvese.

NGOsANIA.
José M. Dagnino Pastore.
Armando S. Ressia.