NATIONAL PUBLIC ADMINISTRATION Decree 776/93 Transfer of real estate. Regulation of Law No. 24.146.

Bs. As., 21/4/93

VISTO the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES 001-000509/93 and Law 24.146, and

CONSIDERING:

That the above-mentioned Act provided for free transfer in favour of provinces, municipalities and communes of all immovable property unnecessary for the management of NATIONAL PUBLIC ADMINISTRATION, its decentralised companies and entities or any other entity where the NATIONAL STATE has total or majority participation in the capital or in the formation of corporate decisions.

Also included in the requirements of Act No. 24.146 is the onerous transfer of property owned by the NATIONAL STATE or any of its entities in favour of individuals and entities of public good in cases determined by the same Law

For the purposes of the implementation of the above-mentioned Act, it is essential to determine by regulation the procedure through which the transfers will be made in favour of provinces, municipalities, communes and individuals, where appropriate, of the above-mentioned real estate.

That the present Decree is issued in exercise of the powers provided for in Article 86, paragraphs 1 and 2, of the NATIONAL CONSTITUTION.

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 Artículo Applications for the transfer of the goods covered by the Law that is regulated shall be indistinctly accepted by the authority of application or the corresponding authority of the domain, within the perennial period established by Article 16 thereof and shall be caratulated with the denomination "LEY 24.146" followed by the name of the applicant. Once the term has been accepted, the receipt and resolution of transfer requests will be optional for the enforcement authority.

Art. 2o o Applications for transfers referred to in the previous Article shall be in full compliance with the requirements set forth in the Act and the present decree for the purpose of their admission and subsequent consideration.

In the event that, when reviewing the documentation submitted, it is incomplete or does not have the necessary clarity or the requested property does not correspond to the receiving agency, it will be referred to the application authority to determine the procedure to be followed.

Art. 3o o Submitted the application in form, the agency to which the property depends, shall proceed to analyze the order on the basis of the provisions of the Law and this decree. Prior to the opinion of the agency ' s permanent legal service, the highest authority of the agency shall issue a resolution based on which it advises the acceptance or rejection of the requirement. It shall be referred to the implementing authority, together with the relevant proceedings for consideration and other effects.

Art. 4o — The authority of application, if deemed appropriate, may change the procedure provided for in Article 3, limiting the action of the agency holding the property to mere information on whether the requested property is unnecessary for its management.

In that case, the implementing authority will be the only one responsible for evaluating in its other respects the applications submitted.

Art. 5o o The authority of application, once taken into account, shall proceed to issue a well-founded administrative act, taking place or rejecting the transfer, which shall be notified to the applicant and to the governing body.

Art. 6o o The rejection of the application may be based only on the failure to comply with the requirements set out in the Act and in this regulatory decree.

Art. 7o o For the purpose of complying with Article 2 of the Law on the transfer of tax property occupied by families of scarce resources, the definitions and requirements set out below are set out:

(a) Families of scarce resources shall be considered, to the family group whose monthly income does not exceed the maximum ceilings established by the SECRETARIAT OF VIVIENDA and AMBIENTAL ORDENATIVE.

(b) To establish a convivial family group, together with its members by marriage or in fact, or by bonds of upward or descending online consanguinity, in any of its grades, or collateral of first degree, and minors in charge, without parental link that are entrusted to the applicant or his legitimate spouse or in fact.

(c) Do not possess real property at the time of the submission of the transfer request, on behalf of any member of the family group.

(d) Indicate the location of the property, its existing measures and improvements, stating whether or not it was accessed to the possession of the property.

(e) Accredit the date on which the occupation of the property began and the cause on which it was delivered.

The transfer provided for in this Article may be effected only in the event that the house is separated or is expendable from other buildings belonging to the agency that owns the property and that the municipal ordinances permit it.

Art. 8o o For the purpose of complying with Article 2 of the Law, with respect to the transfer of tax properties for the housing of the staff, the following requirements are set out:

(a) Graciously credit the date on which the occupation of the property began and the cause on which it was delivered.

(b) Do not possess real property at the time of the submission of the transfer request, on behalf of any member of the family group.

(c) Indicate the location of the property, its existing measures and improvements, stating whether or not it was accessed to the possession of the property.

The transfer provided for in this article can only be effected in the event that the house is separated or expendable from other buildings belonging to the agency that owns the property and that the municipal ordinances permit it.

Art. 9o o For the purposes of compliance with Articles 2 and 11 of the Act, with respect to the transfer of tax properties to non-profit entities, the following requirements are set out:

(a) To demonstrate its status as a non-profit public good entity, its registration with the competent authority, the completion of the formalities established by its statutes and the current regulations, and the maintenance of its legal status.

(b) Indicate the location of the property, its existing measures and improvements, stating whether or not it was accessed to the possession of the property.

(c) Graciously credit the date on which the occupation of the property began and the cause on which it was delivered.

In the event that the property requested is for the construction of dwellings under Article 11 of the Law, the occupation requirement is not required.

(d) To assist in the case of the transfers provided for in Article 11 of the Law, a report with plans, the time limit for the realization of the work, approximate cost, which will be financed the same and any other element that contributes to a better evaluation of the project.

Art. 10. For the purpose of complying with Articles 1 and 3 of the Law, regarding the transfer of tax properties in favour of provinces, municipalities and communes, the following requirements are set out:

(a) The maximum executive authority of the applicant must accurately indicate the destination to be given to the property and what type of works of the works set out in Article 3 of the Law shall be carried out.

(b) Indicate the location of the property, its existing measures and improvements.

(c) Accompany a report with plans, time-frame for the realization of the work, approximate cost, and any other element that contributes to a better evaluation of the project.

(d) Demonstrate that, within the period of UN (1) year of the date of the interim transfer, it undertakes to obtain the respective provincial law or municipal ordinance that affects the budgetary provisions for the implementation of the project.

In the event that the plan of work exceeds a budget period, the respective Law or Ordinance shall commit items of subsequent periods, intended to finance the work. In the event that the work is funded from resources not from official budget lines, the beneficiary entity must indicate where the work will come from and commit to obtaining it within the specified time limit "ut supra".

(e) Declaring that, in the same instrument and time limit mentioned in the previous article, all debts that, for any concept and for any property, have the entity that makes the assignment free, whether the same is claimed at administrative or judicial headquarters, obliging itself to obtain the cancellation of precautionary measures, if any, and to consent to the restitution of the amounts that have been deposited in judicial headquarters for any reason.

Until the requirements set out in subparagraphs (d) are met and (e) the final transfer of the property concerned shall not be carried out.

(f) Demonstrate as an affidavit, which does not possess a property of equal or similar characteristics, which can be used for the same purposes.

(g) Attach the rate of the requested property, carried out by an official entity with speciality in real estate.

The enforcement authority may accept such taxation, or be governed by which it issues, at its request, any of the official entities authorized by Decree 407/91 and supplementary rules, which shall be inapplicable.

(h) Accredit by appropriate means to have complied with the provisions of Article 15 of the Law.

Art. 11. For the purposes of compliance with the provisions of art. 4th of the Act, with regard to the transfer of tax property free of charge in favour of provinces, municipalities and communes, the following requirements are set out:

(a) The maximum executive authority of the applicant must accurately indicate the destination being given to the property and undertake the commitment to continue to use it for the same purpose.

(b) Indicate the location of the property, its existing measures and improvements.

(c) Demonstrate that within the time limit of UN (1) year of the date of the interim transfer, it undertakes to obtain the respective provincial law or municipal ordinance for which all debts will be forgiven, which, for any concept and for any property, has the entity that makes the assignment free, whether the same is claimed at administrative or judicial headquarters, for the purpose of obtaining the cancellation of precautionary measures, if any, if any restitution,

Until the requirements set out in subparagraphs (d) are met and (e) the final transfer of the property concerned shall not be carried out.

(d) Accompany the elements that allow the petitioner to prove his occupation, prior to 30 June 1992, and that the petitioner is affected by any of the purposes set out in Article 3 of the Law.

(e) Accredit by means appropriate to have complied with the provisions of Article 15 of the Law.

Art. 12. For the purpose of complying with Article 6 of the Law, with respect to the transfer of tax property free of charge for non-profit public property entities, the following requirements are set out:

(a) To demonstrate its status as a non-profit public good entity, its registration with the competent authority, compliance with the formalities established by its statutes and the current regulations, and the maintenance of its legal status.

(b) Indicate the location of the property, its existing measures and improvements.

(c) Graciously credit the date on which the occupation of the property began and the cause on which it was delivered.

(d) To accurately indicate the destination to be given to the property and what type of work of the provisions of Article 3 of the Law shall be carried out in the same.

(e) Accompany a report with plans, time-frame for the realization of the work, approximate cost, and any other element that contributes to a better evaluation of the project.

(f) Present the order through the province, municipality or commune.

Art. 13. The implementing authority shall develop different plans for the collection of property price balances to transfer by empire of this Law. Art. 14. The burden of proof on the date on which the occupancy of the property began will be borne by the occupier. In the event of doubt as to whether the occupation is prior to 30 June 1992 for property occupied by provinces, municipalities or communes, or at the time of the Act which is regulated for property occupied by the beneficiaries under Article 2 of the Act, the occupation shall be deemed to be later and the request rejected. The administrative act which is thus available will be inappeal.

In the same way, it shall proceed in the event that the destination given to the property is considered to be inconsistent with the provisions of Article 3 above.

Art. 15. Without prejudice to the provisions of Article 17 of the Law, the property covered by the provisions of Articles 10 and 11 of Decree No. 1143 of 14 June 1991 shall be excluded from the law.

Art. 16. It will be optional for the enforcement authority, the transfer of fractions of property that are not subdivided at the time of the application.

Art. 17. In cases of transfers prescribed by Articles 2, 6 and 11 of the Law, the implementing authority reserves the right to evaluate the opportunity, convenience and/or necessity of the order, being the resolution it adopts of an inapplicable nature.

Art. 18. The enforcement authority or the entity or agency that has the domain of the property transferred, or who does so in the administration of its property, shall indistinctly be responsible for verifying the performance of the charges provided for in the law.

The enforcement authority shall, in case of non-compliance, be responsible for taking the measures authorized by the Act.

Art. 19. In order to finance the increased administrative costs arising from the implementation of the Law that is regulated, the beneficiaries of transfers made pursuant to the Law, except those of Article 4 thereof, shall make a contribution equivalent to THREE BY SCIENTY (3 %) of the value of the property received, without prejudice to the erogations required by Article 14 of the Law.

The implementing authority shall establish the modalities for the perception of these income, and may transfer part of such income to the property-holders ' agencies for the purpose of financing the additional costs that may be incurred by the application of this law.

Art. 20. With respect to the time limit for the deed set out in Article 18 of the Law that is regulated, it must be understood that it begins to be counted from the moment the person concerned requests the deed.

Until they have been approved and inscribed the plans, if applicable, of mensura, subdivision and delinde of the property, the deed of the transfer cannot be requested. The requesting entity must fill the messure and subdivision in the time that the application authority assigns it in the resolution of granting the property.

In all cases where, at the date of signature of the translative deed of domain, the total price of the property to be transferred has not been cancelled, the real right of first-degree mortgage shall be constituted in favour of the NATIONAL STATE and/or the domain holder as appropriate.

Art. 21. Free transfers provided for in the law that is regulated shall not be subject to any assignment, irrespective of its character, without prior authorization from the enforcement authority.

Onerous transfers may not be yielded until the price is fully paid, and upon authorization of the application authority.

If the onerous transfer has been made to a non-profit public asset entity, in addition to the requirements mentioned in the preceding paragraph, the assignee shall be another entity of public good that meets all the requirements described in Article 9 of this decree, and assumes the charge to which the assignor has committed itself.

Art. 22. In the event of the concurrence of requests for transfer in relation to the same property, the property shall be transferred to the applicant who submits, at the discretion of the implementing authority, the most beneficial project for the community, except where the concurrence occurs among any of the subjects covered by Article 2 of the Law and the municipality or commune where the property is located, in which case the transfer shall be effected in favour of the property from the appropriate solution.

Having recourses to transfer in relation to the same property, each applicant shall have the right to the continuation of its proceedings until the application authority is pronounced in favour of one of them. Such a decision shall determine the rejection by the enforcement authority of the remaining applications.

Art. 23. MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS, as an implementing authority, is empowered to resolve the specific issues that result in its implementation and, at the same time, to issue the clarification, interpretative or complementary standards required by this regulation.

Art. 24. In the case of land occupied by families of scarce resources and in the transfers contemplated by Article 11 of the Law, the NATIONAL FISCAL EARTH COMMITTEE shall have prior intervention - AGENDA "ARRAIGO", created by Decree 846 of 2 May 1991.

Art. 25. Contact, post, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.