General Syndicature Of Public Companies Decree N 926/1988 - Modification - Full Text Of The Norm

Original Language Title: SINDICATURA GENERAL DE EMPRESAS PUBLICAS DECRETO N 926/1988 - MODIFICACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
General SINDICATURA OF PUBLIC COMPANIES

Decree 1659/91

Modification of Decree No. 926/88.

Bs. As., 22/8/91

VISTO, the provisions of the Nros Organic Laws. 21,801 and 22,639 and Decrees No. 926 of 28 July 1988, 993 and 994 of 27 May 1991, and

CONSIDERING:

That the time of validity of the rules of the aforementioned legal text has allowed us to collect valuable experiences regarding the structures of the General SINDICATURA OF PUBLIC COMPANIES.

That according to Organic Law No. 21.801, as amended by its similar No. 22,639, the direction and administration of the General SINDICATURA OF PUBLIC COMPANY COMPANIES is carried out by an organi composed of a limited number of officials.

That the current context of the State reform process makes it necessary for the collegiate bodies to simplify their structures and their links with the institutions in which they find their support.

That Decree No. 926/88, which regulates the laws that have been cited above, incorporated into the dynamic structure of the General SINDICATURA of PUBLIC COMPANIES, relations of linkage not provided for in the respective fundamental laws, which have negatively influenced the functional role of the entity.

That this measure is within the powers of article 86 (1) of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 - Replace Article 1 of Decree No. 926/88 with the following:

"ARTICULO 1 - The General SINDICATURA of PUBLIC COMPANIES will function in Jurisdiction of the NATIONAL EXECUTIVE PODER, through the SECRETARIAT OF PLANNIFFICATION of the NATIONAL PRESIDENCE. It shall be governed by its Organic Law No. 21.801 with the amendments introduced by Law No. 22.639, henceforth designated as Law No. 21.801 (t.a), the present regulation and the other provisions that are made for this purpose."

Art. 2° - Default of article 2 (b) of Decree No. 926/88.

Art. 3rd - Replace article 5 (f) of Decree No. 926/88 with the following:

"f) To make contributions in the form of aid or stimulus, whether in money or in kind, to non-profit entities whose object is related to the purposes of the General SINDICATURA OF PUBLIC COMPANIES, with the authorization of the SECRETARIAT OF PLANIFICATION of the NATION PRESIDENCE. "

Art. 4° - Replace the second and third paragraphs of Article 6 of Decree No. 926/88 with the following:

"The Undersecretaries of Finance and Public Works and Services of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES and the Assistant Secretary of Planning of the Privatizations of the NATION PRESIDENCE, or those who in the future perform equivalent functions will be appointed as born members of the Board with the appointment in their respective positions. They will maintain the quality of Directors with the appointment in their respective positions. They shall maintain the quality of Directors as long as they remain in those functions and shall be replaced, in the event of a temporary absence or impediment by officials of not less than the Assistant Secretary-General, who are appointed by the holders of such areas.

The posts of President of the Board and the vowels, excluding the nativity, shall be assimilated to the regime of posts with executive function established by Decree No. 994/91. To this end, the office of the President shall be equal to level I and those of the vowels at level II of the said statute."

Add as fourth paragraph of Article 6 of Decree No. 926/88 the following:

"These charges shall be appointed by the NATIONAL EXECUTIVE POWER on the proposal of the Planning Secretary of the NATIONAL PRESIDENCE, which shall be governed by the selection regime of the aforementioned regulations."

Art. 5° - Replace article 9 (l) of Decree No. 926/88 with the following:

"(l) To elect the NATIONAL EXECUTIVE PODER through the SECRETARIAT OF PLANIFICATION, the proceedings arising from the observation referred to in article 13, paragraph (e) of Act No. 21.801 (t.a), accompanying at the same time the communication referred to in subparagraph (d) of that article, with the background of the case. If it has not occurred, it shall record it in the proceedings."

Art. 6° - Replace article 12, paragraph 5, of Decree No. 926/88 with the following:

"If the explanations do not sufficiently justify the observed act or if, after the time indicated, it has not been regularized, it will put the fact in the knowledge of the NATIONAL EXECUTIVE PODER, through the SECRETARIAT OF PLANNIFFICATION of the NATIONAL PRESIDENCE, which will propose to the holder of the same the courses of action that he deems appropriate".

Art. 7° - Replace article 17 of Decree No. 926/88 with the following:

"ARTICULO 17.- When, pursuant to article 13, paragraph (e) of Act No. 21.801 (t.a), the General SINDICATURA of PUBLIC COMPANIES lifts the NATIONAL EXECUTIVE POWER through the SECRETARIAT OF PLANNING the PRESIDENCE OF NATION, the actions originated by the unreleased observation, such action is considered by the Secretariat.

Art. 8° - Replace article 28 of Decree No. 926/88 with the following:

"ARTICLE 28. The financial-financial exercise of the General SINDICATURA of PUBLIC COMPANIES will begin on 1 January and will end on 31 December of each year. Within the VEINTE (120) days of the end of the exercise, the Board shall formulate the accounting states according to the provisions in force and technical norms in the matter, as well as a memory of the progress of the General SINDICATURA OF PUBLIC COMPANIES, all of which, with the opinion of the Syndicate, will be submitted to the approval of the NACIONAL EXECUTIVE POSSIDATION, through the

Art. 9° - Communicate, publish, give to the National Directorate of the Official Register and archvese.- MENEM.- Domingo F. Cavallo.