NATIONAL REGISTERS OF THE PROPERTY OF AUTOMOTOR AND PRENDARY CREDITES
DECEMBER No. 335/1988
Agency for the application of the Registration Legal Regime of the Property of the Motor Vehicle. Revise Decree No. 9.722/60, its amendments and extensions.
Bs. As; 3/3/88
VISTO Decree Law No. 6582/1958 (t. 1973) ratified by Act No. 14467 and its amendments, and
It is necessary to issue a new regulation of Decree-Law No. 6582/1958 (t. 1973) ratified by Act No. 14467, as a result of the amendments introduced to it by Act No. 22977 and to have lost some of the rules of Decree No. 9722 of 18 August 1960, which are already enforced.
That the dictation of the present proceeds under the powers granted in article 86 (2) of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1 - The National Directorate of National Registers for the Ownership of the Automotive and Prendary Credits under the Ministry of Justice will be the agency for the application of the registration legal regime of the property of the automotive.
Art. 2o - The National Directorate shall have the following powers:
(a) Organize the centralized and jurisdictional benefits of the services established by the legal regime of the ownership of the automotive and control its operation; arrange and conduct inspections and checks to the Sectional Registers; provide general or private instructions to the registry administrators; understand the resources that are set against the decisions of the registry administrators and, where appropriate, elevate the proceedings to the corresponding Federal Chamber; interpret the applicable rules in the Register.
(b) To conclude and renew agreements with national, provincial and municipal authorities and with private entities, for the performance of auxiliary or complementary tasks of the distribution benefits or, to coordinate with them the provision or receipt of information and documentation, and to agree on the tariffs that the National Directorate or users will pay for these tasks.
(c) To issue administrative and procedural rules relating to registration procedures and the organization and operation of the Sectional Records, and to establish requirements for the documentation issued by the Register and the license plates and other identifying means of the motor.
(d) Conduct statistical studies on the jurisdictional and centralized registration movement.
(e) Proposing tariffs for the services provided by the Sectional Records and the retributions of their managers and contracted entities.
(f) To exercise superintendence over Registry and to monitor compliance with existing rules on registration and organic-functional matters.
(g) Organize and conduct general and zonal meetings of registrars.
(h) Coordinate with national, provincial and municipal authorities the procedures to be applied for a better rationalization of registration procedures, with respect to their respective competences, by concluding the agreements that are necessary.
(i) Intervention of the Sectional Records and designation of the Interventors, in case of acephalia, suspension, prolonged leave, or unjustified absence of their holder, or when serious irregularities are checked or presumed, and in general, where this is indispensable to ensure the continuation of the provision of the public service by them.
(j) Proposing the creation, modification, unification or deletion of Sectional Records and the designation and removal of their officers.
(k) Assigning functions as an alternate or interim alternate to the sectional records and disabling them.
(l) To ensure that the automotives circulate with the relevant documentation, to verify or provide that the automotives have not undergone any changes or adulterations in the parts that make them such, and to ensure that the transfers are registered in the Register within the term set by law.
(m) To have the exhibition of motors, their documentation and the presentation of affidavits. To this end, and to those indicated in the preceding paragraph, it may require the cooperation of the Argentine Federal Police, and request that of the other police and security forces.
(n) To grant ordinary and extraordinary leave to registration officers.
(ñ) Enable the premises where the Sectional Records will operate, and dispose of their disastrous service when they do not meet the requirements of the relevant regulations.
(o) To exercise the other powers vested in it by law and this regulation.
Art. 3o - The Registrars shall be appointed and removed by the Registrar of Justice in accordance with the rules in force.
The role of the Registrar does not constitute a employment relationship, and the performance of its tasks will be personal and indelegable. However, it may designate its exclusive co-workers to assist it in its functions.
They should also propose to the National Directorate to assign one of their collaborators the functions of the Subplente, to replace it in case of absence, licence or legal impediment.
They may also request that alternate functions be assigned, acting to another collaborator, to replace the alternate in the event of a licence or absence, or when the latter must replace the holder.
The Registrar shall be directly responsible to the National Directorate for the acts, acts or omissions of the alternate, interim alternate and other collaborators.
The alternate and the interim alternate shall be disaffected by their functions, when requested by the Registrar; when the Register is intervened; or when so provided by the National Directorate.
The collaborators of the Registrar are without any relation to the State, and therefore they may not remain at the Registrar ' s headquarters or perform duties therein when the person in charge of the Registrar ceases to be in office; or when the Registrar ' s intervention is available, all without prejudice to the working relationship that they may continue to maintain with their employer or their right-holders.
Where justified cases are mediated, the National Directorate may require Registry Officers to disallow their tasks to a particular collaborator.
In taking charge of the Sectional Registry, an alternate, in the cases of licence or absence of the holder, shall communicate that circumstance to the National Directorate and shall be noted in the book to be carried for that purpose in each Register.
In the same way, it will proceed when the holder resumes his functions. In cases of legal impediment, this will be recorded in the respective act.
The National Directorate may authorize alternates to perform specific and specific registration tasks, which will be specified taxably, when the number of procedures in a Register requires the adoption of this measure to maintain a good and effective service delivery.
In the event of acephalia, suspension or prolonged licence of the holder of a Register, the National Directorate may designate an interventor, until the holder is appointed, or the latter resumes its functions.
The Ministry of Justice shall establish the manner in which the emoluments which the holder would have corresponded in the event of suspension or intervention and shall establish the mode of retribution of the interveners.
Registerers shall reside at a distance not exceeding one hundred (100) kilometres from the seat of their Registry, and may only be absent from the Register, without a licence from the National Directorate, for five (5) days per month.
Art. 4o - The proceedings before the National Register of Automotive Property shall be made upon payment of the tariff fixed by the Ministry of Justice.
Except for the payment of the tariff:
(a) The measures and requests for reports by the judicial authority, provided that the relevant order states that they have been issued by the court of law, or that they come from the criminal justice system and are informative or precautionary, even if they do not consulate that they have been issued ex officio.
(b) The measures and requests for reports provided by the judicial authority in compliance with legal rules that expressly establish the free provision of such service, or that the service shall be carried out without payment. In the latter case, the tariff will be paid on the occasion.
(c) Measures and requests for reports by the following authorities in exercise of their specific functions:
1. H. Congress of the Nation and its permanent or special commissions;
2. National Administrative Investigations Office;
3. Armed, Security and Police Forces;
4. National Customs Administration;
5. State Intelligence Secretariat;
6. General Impositive Directorate;
7. Instructors in the summons instructing the agents of the national, provincial and municipal civil service;
8. Court of Accounts of the Nation.
(d) The measures and requests for reports by national, provincial or municipal authorities, which, in the merits of the circumstances of the case, the National Directorate, by an informed decision, deems the duty waiver to be appropriate.
(e) Requests for statistical reports, upon authorization by the National Directorate.
Art. 5o - The Sectional Records shall not initially register the national or imported motors, without having in mind the original, duplicate and triplicate of the manufacturing certificate; in the first case and the duplicate or triplicate of the import certificate in the second.
The initial or subsequent registration procedure shall not require the prior authorization of the National Directorate, except in cases where the latter so provides for registration security reasons.
Art. 6o - The physical verification of the motor will be ordered to be performed prior to registration, when requested by any party when it comes to the initial registration of armed motors outside the factory or imported; when a complaint of theft or theft is mediated; when a sinister has been communicated that has substantially altered the individualizing characteristics of the motor and in the other cases established by the National Directorate.
If, as a result of the verification of the motor, the identification of the motor or the adulterated chassis, the person in charge of the Register shall refuse registration and communicate the situation to the police authority of the place.
In the event that the number was doubtful and, however, it was decided to proceed to the registration, it will be recorded in the title and in the sheet of the Register, through the following legends: "Inscribed with doubtful numbering. It is for the purposes of the subsequent qualification of the good faith of the inscription (articles 2o, 3o and 4o) and concordants of the decree-law".
The National Directorate shall determine the places and persons authorized to carry out the verification of the motors, and shall agree with them the tariffs they may receive by this service of the National Directorate, or directly from the users, as stipulated.
Art. 7o - The registration documentation in the National Directorate may be microfilm. You must ensure that you get full and faithful frames to your originals, the execution of cuts, doubles or amends is prohibited.
Art. 8o - When the temporary introduction of the vehicle is carried out on property by beneficiaries of categories (a) to (e) including article 19 of Decree No. 4891/61, those shall be exempt from the obligation to register in the National Register of the Property of the Motor Vehicle, while the temporary quality of its introduction lasts and shall circulate with the special sheet provided by the National Directorate of Ceremonial of the Ministry of Foreign Affairs and Worship and with the owner's name. If the vehicle is nationalized, the beneficiary who introduced it to the country must immediately register the Register.
The National Directorate of Ceremonial of the Ministry of Foreign Affairs and Worship shall also provide special sheets to vehicles introduced by beneficiaries of article 1 (f) of Decree No. 4891/61, under the conditions set out in article 7 of the same decree.
The aforementioned Directorate shall inform the National Directorate of National Registers of the Property of the Automotive and of Prendary Credits of the plates delivered to the diplomatic corps, international agencies and special missions, with the names of their holders and with the specification of the individualizing characteristics of the vehicle to which they correspond.
Art. 9o - For the purpose of the change in the residence of a motor vehicle, the transfer of the legajo to the Register of the new foundation may be supplemented by:
(a) Sending a certificate containing the automotive data and their domain conditions. The National Directorate shall establish the characteristics and requirements to be contained in the certificate. The change of residence will have to be operated by receiving the certificate in the Register of the new foundation.
(b) When the technical advances allow, by the incorporation of the mastery of the automotive into the data bank of the computer of the Register of the new foundation through the communication that it receives or obtains from the data bank of the National Directorate or the Registry of the previous foundation. The National Directorate shall establish the requirements for the use of this procedure. The change of residence will have to be operated when the aforementioned incorporation of the high domain occurs.
When the National Directorate has a computer system that allows to obtain up-to-date information from all or some Sectional Records connected to it, the said Agency may provide that at its headquarters, in terminals enabled to the effect or in certain Sectional Records are recorded precautionary measures and denunciations of theft or theft, certificates and domain reports are issued and registration documents are granted for the registered automotives established in Registers.
Art. 10. - The Register shall be of a public nature and any interested may request reports on the status of the domain of the registered motors, and on the personal annotations they obtain in them, upon payment of the corresponding tariff, and complying with the requirements established by the National Directorate.
Art. 11. - In order to be personally notified of the resolutions of the National Directorate or of the Sectional Records for expressly consenting to them or for the filing of remedies, the applicant must establish his status as a party, by displaying identity documents, or by a representative, by means of public writing, letter of power or express record in the type request. In the last two cases the president's signature must be certified by one of the persons authorized to certify signatures in the type applications or have been stamped in the presence of the Registrar.
Art. 12. - Submitted a request to the Register, the Registrar shall proceed to his registration or favourable office according to the content of the request and provided that the requisitions required by the relevant rules are met. Otherwise you will observe the request.
Applications for registration, annotation, issuance of certificates of domain and processing in general, in relation to the same motor, shall be processed in the order of priority established by the respective filing charges.
The provisions of the preceding paragraph shall not be observed when an act enjoys a reservation of priority or when its registration or dispatch does not alter the legal status of the motor or its owner.
The priority reservation for the registration or annotation of an act shall be granted:
(a) For the issuance of a domain certificate;
(b) In the cases provided for in article 19, paragraph 3.
The priority reservation granted by the issuance of a certificate of domain shall benefit the procedure that is submitted accompanied by the corresponding certificate, for which purpose they shall be identified in the manner established by the National Directorate.
Art. 13. - In order to resolve or discard a request, the Registrar shall analyse the legal status of the automotive and its owner, the nature of the act whose registration or annotation is requested, the petitions that enjoy priority and the acts submitted after the procedure that is in place, when it comes to acts that in accordance with the existing legal provisions produce record effects through their submission, all of which govern the National Directorate and the regulations that govern the matter. Personal annotations will not affect the registration of acts whose request for registration was made prior to the submission of the request for annotation of those acts.
The registration or favorable dispatch of a procedure will take the date of the day of your registration or office and the signature and seal of the Registrar.
The resolution by which a request is made must contain the formalities provided for in the preceding paragraph and the basis of the measure. The same act should make all the observations that the request may merit. Such a resolution shall be added to the request and the person concerned shall be notified in an authentic manner at the Registrar ' s headquarters on Tuesdays and Fridays, or the next working day if any of them shall be administratively traded.
All acts shall be recorded in the respective seat, in the manner established by the National Directorate.
Art. 14. - A request for registration or annotation may not be entered into another act that takes place in order of priority and that it matters to modify the legal status of the motor or its owner, until the time limit has expired to lodge the remedy provided for in article 16 or, if any, it shall not be definitively resolved.
The preceding provisions will not be implemented, and the acts may therefore be recorded without the need to wait for the time frame or the resolution of the above-mentioned resources, when the observation is based on some of the following circumstances:
(a) The declaration of the will of the parties concerned, or the person of their legal representative or the person concerned, has not been duly accredited.
(b) Not to be the petitioner the person entitled to request the registration or dispatch of the proceedings, unless the holder is the holder of a right.
(c) Exodus remedies of validity of a petition or a court order should be omitted.
In such cases the Registrar shall expressly state in its resolution the effects of the observation made.
Art. 15. - The type of requests that were subject to observation and that should be withdrawn from the Register for its termination shall be submitted to the petitioner on written record, as determined by the National Directorate.
Art. 16. - The remedy provided for in the Act shall be deducted and processed in the form and within the time limits set out in the following articles.
This remedy is the only way to challenge the decisions of the registrars in matters of registration, and of the National Directorate in the same matter or when it comes to conflicts of an individual nature, or in cases of cancellation or suspension in the register of habitual merchants or the application of the fines penalties provided for in article 23 of the law.
Art. 17. - The appeal shall be filed with the Seccional Registry or with the National Directorate according to the agency that issued the appeal.
The deadline for the filing shall be fifteen (15) administrative working days computed from the day after the notification of the resolution. Notifications shall be carried out by means and with the precautions provided for in the regulation of the national law of administrative procedures, except when it comes to notification of resolutions of the Sectional Records for which a request for registration or annotation is observed, which shall be notified to the persons concerned in the manner provided for in article 13.
Art. 18. - The appeal shall be submitted in writing with the sponsorship of a lawyer entitled to act before the federal court and shall include its substantiation and the offer of evidence, and shall in particular express:
(a) Denomination and actual address of the applicant and the establishment of the domicile in the city of the seat of the Tribunal.
(b) The act or situation that motivates the remedy.
(c) The purpose pursued.
(d) The relevant facts, explained clearly.
(e) The applicable law, specifying the illegitimacy attributed to the contested act or situation.
(f) The proof offered.
The original instruments that are invoked and do not obey in administrative proceedings will be added. With regard to instruments that are not in the hands of the applicant, their content will be briefly referenced and the place where they are.
Copies will be accompanied from the writing and the attached original instruments.
Art. 19. - The remedy referred to in article 16 shall suspend the effects of the resolution in question and the priority shall be extended to register the act observed until it is finally resolved.
Where the observation is based on any of the circumstances provided for in article 14, paragraph 2, the filing of the appeal shall not suspend the effects of the action taken, nor shall it extend the priority to register the act observed. Nor shall such effects occur, if the applicant has not accredited his or her status as a party or as a person in the manner provided for in article 11.
During the validity of the priority to register the observed act, the person concerned may correct the defects that caused the observation or remove the obstacles that prevented his registration. In this case, the record of the observed act and of those acts by which the defects were corrected or the obstacles that prompted the observation were removed will be carried out with the same order of priority enjoyed by the observed act. The person concerned shall enjoy the same right:
(a) During the duration of a domain certificate;
(b) Where the time limit for appeal has not expired, except in the cases referred to in article 14, paragraph 2.
If the acts by which defects are purported to be corrected or the obstacles removed, they are in turn observed for the Register, their priority order to all the effects provided for in this decree shall be governed by the date of their filing fee.
Art. 20. - The application to the Registry shall be subject to the Court by means of the National Directorate within (5) administrative working days following its submission. The Register may revoke the contested act. If not, it will send the proceedings to the National Directorate within that period, and may accompany a report with the observations that merit the appeal and provide evidence.
The National Directorate may revoke the contested act within (10) administrative working days following the receipt of the proceedings. Otherwise, within that period, it will elevate them to the competent court, and may extend the report and evidence provided by the Sectional Register or produce it and provide evidence if it has omitted it. If the Sectionary Register or the National Directorate revoke the contested act, they shall notify the applicant within the third day, personally by collusional telegram or letter sent to the specially constituted home and in the absence of the address, to the real of the said one. If the constitution of a special domicile and the denunciation of the real person has been omitted, the act shall be notified in the manner provided for in article 13.
Art. 21. - Interposing the appeal to the National Directorate, the National Directorate must bring the proceedings to the Tribunal through the Ministry of Justice within ten (10) administrative working days following the filing of the appeal. The National Directorate may revoke the contested act. Otherwise, it will send the proceedings to the Ministry of Justice within that period, and may accompany a report with the comments deserving of the appeal and provide evidence.
The Ministry of Justice may revoke the contested act within thirty (30) administrative working days following the receipt of the proceedings. If not within that period, it shall bring them to the competent court, and may extend the report and evidence provided by the National Directorate, or produce it and provide evidence if it has omitted it. If the National Directorate or the Ministry of Justice revoke the contested act, they shall notify the applicant in the form and time provided for in the preceding article.
Art. 22. - Upon receipt of the proceedings, the Tribunal shall provide within ten (10) following judicial working days the evidence offered, dismissing the one that judges impertinent. The resolution shall be notified either by ballot or by person.
Proving the evidence or dismissing its offer according to the case, the Tribunal shall call for a decision-making order and may have measures to better provide.
The time limit for sentencing will be sixty (60) judicial working days since the call for a car is signed.
The Civil and Commercial Proceedings Code of the Nation will also be applied.
Art. 23. - Default of Decree No. 9722/60, its amendments and extensions.
Art. 24. - Contact, post, give to the National Directorate of the Official Register and archvese.
Jorge F. Sábato