Contests And Bankruptcies - Obligations - Full Text Of The Norm

Original Language Title: CONCURSOS Y QUIEBRAS FUNCIONARIOS - OBLIGACIONES - Texto completo de la norma

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CONCERNS AND WHICH Decree 367/96 Please outline the obligations of the competent officials of the centralized or decentralized agencies and companies operating within the Ministry of Economy and Public Works and Services, in the procedures provided for in Act No. 24522.

Bs. As., 3/4/96

VISTO Law No. 24,522 of Competitions and Bankruptcys, Decree No. 1164/93, ordained by Resolution D.G.I. No. 710/94 and Decree No. 866 of 11 December 1995 and


That Decree No. 866 of 11 December 1995 approved the proposed functional organization and the objectives of the Secretariats and Undersecretariats of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES.

That the Ministry ' s SECRETARY of COORDINATION was designated as responsible for the coordination and management of the activities of the centralized and decentralized agencies and companies, of the MINISTERY of ECONOMY and ARTWORKS and PUBLIC SERVICES in the concussal processes, for the purpose of a more appropriate defense of their credits.

That, without prejudice, it is necessary to establish the obligations of the competent officials by the agencies and companies referred to in the preceding consideration.

That the exercise of such powers will allow, in addition to a better defence of the interests and aggressions of the State, to intensify priority policies for the National Government, such as the preservation of viable economic units and employment to them associated.

That article 295 of Act No. 24.522 creates the NATIONAL REGISTRATION OF CONCURSES AND QUIEBRAS, in order to take note of the procedures established by that law which deal with the judges of any national or provincial jurisdiction.

That the organization and commissioning of the Register at the national level will require a time that does not correspond with the peremptory nature of the already existing Law No. 24.522.

That until the Register is organized, and for the purpose of not hindering the application of the new competition law, it is pertinent to provide a procedural alternative that allows the registration of the concursal procedures.

That the present decree is issued in the use of the powers conferred by article 99, paragraph 1 and 2 of the National Constitution.




Article 1 . In the procedures provided for in Law No. 24.522, the competent officials of the agencies and companies, centralized or decentralized that operate within the scope of the MINISTERY OF ECONOMY AND ARTWORKS and PUBLIC SERVICES, shall comply with the instructions given in this regard by the SECRETARIA DE COORDINATION of the Ministry, and perform all necessary or convenient, judicial or extrajudicial, Art. 2o . Replace article 17 of Decree No. 1164/93, a text ordered by Resolution D.G.I. No. 710/94. the one that was drafted as follows: "ARTICULO 17. aplicación It will be the authority to apply for the purposes of the debt capitalization regime established by the preceding provisions, the SECRETARIAT OF COORDINATION of the MINISTER OF ECONOMY AND PUBLIC SERVICES". Art. 3o . Until the operation and organization of the NATIONAL REGISTRATION OF CONCURSOS AND QUIEBRAS, pursuant to article 296 of Act No. 24.522, the judges shall comply with the provisions of articles 295; 14 subsection 6 and 88 (2) of the Act referred to, by order of annotation of the procedures in accordance with the applicable local rules. Art. 4o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Eduardo Bauzá. . Domingo F. Cavallo.