Key Benefits:
Bs. As., 8/7/93
VISTO the partial sanction and enactment of Act No. 24.144 (Decree Nros. 1860 and 1887/92) and,
CONSIDERING:
Article 3 introduced amendments to Title VII of Law No. 21.526 on the liquidation and bankruptcy of financial entities.
That, in turn, Article 8 sets the time limit for the application of its provisions in respect of the activities of the BANCO CENTRAL OF THE ARGENTINA REPUBLIC as a syndic liquidator of the ex-entities, establishing that they shall be governed by the rules in force until that time.
That it is necessary to define the application of both regulatory bodies, excluding from the scope of application of Law No. 24,144 the cases in which, through decisions emanating from the JUDICIAL PODER of the NATION, the administrative decision to liquidate financial entities has been revoked or the request for bankruptcy has been rejected or the corresponding declarative judgment has been revoked, prior to its implementation and the dictation of new resolutions.
That in order to proceed to such exclusion there must be an indispensable budget for the advancement of funds by the BANCO CENTRAL OF THE ARGENTINA REPUBLIC for the payment of deposits constituted in the liquidated financial entities, as provided for in article 56 of Law No. 21.526.
To this end, and in the use of the powers conferred on the NATIONAL EXECUTIVE PODER by article 86, paragraph 2, of the National Constitution, it is appropriate to regulate article 8 of Act No. 24,144.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 . In cases in which the ARGENTINA REPUBLIC CENTRAL BANCO has made advances for the payment of deposits pursuant to article 56 of Law No. 21.526, the liquidations of financial entities ordered by that agency after the entry into force of Law No. 24.144 shall be processed in accordance with the rules of Law No. 21.526 as amended by Law No. 22,529, when they have previously revoked administrative decisions.
Art. 2o . The same procedure shall apply to bankruptcies of financial entities that the BANCO CENTRAL OF THE ARGENTINA REPUBLIC requests the competent judge, to have as a precedent the rejection of an earlier order or the revocation of the declarative judgment of falsity, of date prior to the entry into force of Law No. 24.144, if there has been an alleged advance in funds for the return of deposits required in the preceding article.
Art. 3o (Article Derogated by Article 3 of the Decree No. 2708/93 B.O. 05/01/1994)
Art. 4o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.