Public Debt - Guarantee Of Compliance - Full Text Of The Norm

Original Language Title: DEUDA PUBLICA - GARANTIA DE CUMPLIMIENTO - - Texto completo de la norma

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Decree 1639/93

Proceedings to ensure compliance with judicial pronouncements of obligations established under Act No. 23,982.

Bs. As., 4/8/93

B.O.: 10/8/93

VISTO Law No. 23,982 and its regulatory and complementary standards, and


That Act No. 23,982 and its regulatory decree No. 2140 of 10 October 1991 were issued to enable the cancellation of the consolidated debt, as expeditiously as possible, with the means available therein.

That the eventual delay in the delivery of the means of payment in question as a result of the administrative procedures provided for in article 50 of the above-mentioned law and articles 9 and 12 of Decree No. 2140/91, particularly when there is a firm sentence of conviction, could hinder the achievement of the desired purpose.

That it is necessary to this end to establish procedures to ensure compliance with judicial pronouncements, without violating the minimum control guidelines of the Administration with respect to the work of its officials and the consolidated liabilities.

That in the cases of Consolidated Debt Payment Requirement Forms that are diligen without the intervention of the debtor, taking into account that the SECRETARY OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS, offered for the purposes of payment, constitutes another entity different from the original debtor, and in order to safeguard the legal security and the consequent issuance of titles in respect of duly verified judgements, it is appropriate to establish the authentication of the signature of the intervening Tribunal as a supplementary remedy.

It is also necessary to provide clarification regarding various aspects related to the processing of obligations established by Law No. 23.982.

That the present is given in the exercise of the powers provided for in Article 86 (1) and (2) of the National Constitution.




Article 1In the case of consolidated obligations under Act No. 23,982, which are recognized by firm court judgements, please note in NOVENTA (90) corrected days, counted from the time the creditor has made its submission by accompanying the approved settlement, the maximum period within which the debtor entities and the control agencies must conform or observe, where appropriate, the consolidated debt payment requirement.

Within the prescribed time period, the control agency shall receive the proceedings in a not lesser advance of TREINTA (30) days at the expiration date of the same.

Art. 2o-For the requirements processed prior to the publication of the present and in which the period of NOVENTA (90) days has expired, the period established by the previous article will be extended in CUARENTA and CINCO (45) days from the validity of the present decree, maintaining the requirement provided by the last paragraph of the first article. Art. 3°-Upon expiration of the time limit set by the preceding articles, the intervening court may grant an extension, where reasons duly founded by the debtor or control agency have been credited to the case, with a minimum advance of CINCO (5) days at the end of the period. Art.4°-Extinguished the deadline, or in its case, the extension granted, the court of the case shall intimate the debtor, to be issued within the time limit of CINCO (5) working days, under the expectation of subscribing to the administrative authorities, the consolidated debt payment requirement form approved by the MINISTERY OF ECONOMIC AND SERVICES

Made effective the notice, within the period of QUINCE (15) days of receipt of the form subscribed by the creditor and the competent judicial authority, the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS shall proceed with the payment order and order the accreditation to the order of the Court, Secretariat and Autos concerned, of the Consolidation Bonuses in the S.A. Securities Fund.

In cases where the partial or total cash payment option has been made, the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTS AND SERVICES PUBLICOS shall order the accreditation to the order of the Court, the Secretariat and the Autos concerned, in the official financial entity corresponding to the jurisdiction of the Tribunal, in accordance with the provisions of Act No. 23,982, its regulations and the provisions of the Budget Act.

The notification to the Tribunal of the accreditation of the payments ordered shall be sufficient record of cancellation of the obligation.

Art. 5o-The Consolidated Debt Payment Requirement Form conforming to the established procedure shall be proceeded by ex officio to the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, through the debtor entity, within a period of CINCO (5) working days from the corresponding judicial review.

In that time, the debtor must withdraw from the Tribunal the forms, submit them to the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES and credit to the Jurisdictional Authority the fulfilment of the judicial mandate. Without prejudice to this, when they measure well-founded reasons, the Court may choose to proceed with the appropriate form through its officials or the persons authorized to do so.

In the cases of Consolidated Debt Payment Request Form that are diligen without the intervention of the debtor, the signature of the judge of the case must be authenticated by the special seal provided for in Article 7th paragraph of Law No. 22.172.

The provisions of the Code of Civil and Commercial Procedure of the Nation and, where applicable, of Act No. 22,172.

Art. 6°-When the judge of the case grants to the payment procedure the treatment provided for in the present case, he shall notify the debtor of such a decision, which shall suspend the administrative proceedings and turn the act to his control body in order to take the intervention that is within his competence, which shall eventually be after the act of payment, in the terms of Articles 101 and 102 of Act No. 24.156.

In all cases, the monitoring body shall inform the competent authorities of this circumstance, in order to provide for the instruction of the corresponding administrative sums, the result of which shall be disclosed to the Court or the Tribunal that signed the Consolidated Debt Payment Request Form and the respective Ministry.

Art. 7°- When the judicial settlement, as appropriate, is expressed at a date after 1 April 1991, the same shall be indicated in the "date" field of the Consolidated Debt Payment Request Form; in this case, the debt shall accrue interest from that date. Art. 8°-La SECRETARIAT OF HACIENDA DE MINISTERIO DE ECONOMIA AND SERVICES PUBLICOS will require a quarterly report to the agencies covered by Article 29 of Law No. 23.982 on the status of their consolidated liabilities, which shall include the amount of files and/or forms in process, the estimated amounts involved and owed and the options made, if any. Art. 9°-The MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES shall be the Authority of Application of the present and, in that capacity, it is entitled to resolve the specific issues that generate its implementation and, at the same time, to dictate the clear, interpretative or complementary norms that require this measure. Art. 10.-This Decree will begin to govern from the day of its publication in the Official Gazette Art. 11- Contact, post, give to the National Directorate of the Official Register and archvese.- MENEM.- Domingo F. Cavallo.