Electrical Energy Constitucion - Binational Energy Enterprises S.a - Full Text Of The Norm

Original Language Title: ENERGIA ELECTRICA CONSTITUCION - EMPRENDIMIENTOS ENERGETICOS BINACIONALES S.A - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

ELECTRIC ENERGIA

Decree 616/97

Disposed the constitution of Binational Energy Emprendimientos Sociedad Anónima (Binational Energy Entrepreneurships S.A.) and will be responsible for the marketing of the electricity from the binational and international interconnections.

Bs. As. 7/7/97.

B.O.: 14/7/97.

VISTO Issue No. 750-000916/96 of the Register of MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, and

CONSIDERING:

That Law No. 24,065 declared to be subject to total privatization of the activity of generation and transport by the companies AGUA and ENERGIA ELECTRICA SOCIEDAD DEL ESTADO (AGUA y ENERGIA ELECTRICA S.E.), HIDRONOR S.A.- HIDRONOR HIDORELECTRIC NORPATAGONICA SOCIEDAD ANONIMA and ELECTRIC SERVICES OF THE GREAT GOOD AIRES SOCIEDAD ANONIMA (SEGBA S.A.).

That ELECTRIC WATER AND ENERGY SOCIEDAD OF THE STATE (ELECTRIC WATER AND ENERGY S.E.) ended the privatization of the hydroelectric generation, thermal generation, transport and distribution of electrical energy that was in charge.

That the aforementioned company is entrusted by the NATIONAL ES'FADO, the participation in all the enterprises referred to in the instruments identified in Annex I which is part of the present.

It is in charge of the marketing of the energy provided to the ELECTRIC MERCATE MAYORISTA (MEM) by the HIDROELECTRICO YACYRETA COMPLEJO HIDROELECTRICO SALTO GRANDE and the interconnections with countries bordering the list of Annex I that is part of the present.

That it is necessary to create the legal entity that has under its responsibility the development of the activities mentioned above since WATER AND ELECTRIC ENERGY SOCIEDAD OF THE STATE (ELECTRIC WATER AND ENERGY S.E.) has entered the liquidation state.

That the Society that is constituted will be the successor of WATER and ELECTRIC ENERGY SOCIEDAD OF THE STATE (ELECTRIC WATER AND ENERGY S.E.) only to the effect of what is expressed in the previous considerations and in that character will exercise the obligations imposed on the latter in this regard.

That the NATIONAL EXECUTIVE POWER is entitled to the dictation of this act under the provisions of Act No. 23,696, by Article 59 of the Law on Sealing Tax (T. 1,986) and by Article 99 (1) of the National Constitution.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1- Disposed the constitution of the society ENERGY ENERGY ENERGY ENERGETICS ANONIMA (ENERGETIC ENERGETIC ENVIRONMENTS S.A.), which will be responsible for the marketing of the electric energy from the binational and international inteconexion uses in which the NACIONAL STATE had assigned that function to AGUA AND ENERGY.

Art. 2°- BINATIONAL ENERGY ENERGY ENERGY SOCIEDAD ANONIMA (BINATIONAL ENERGETIC ENVIRONMENTS S.A.) will assume the participation that WATER AND ELECTRIC ENERGY SOCIEDAD OF THE STATE (ELECTRIIC WATER AND ENERGY S.E.), today in liquidation, maintains in all the Annexes referred to in the instruments.

Art. 3°- BINATIONAL ENERGY ENERGY ENERGY SOCIEDAD ANONIMA (BINATIONAL ENERGETIC ENVIRONMENTS S.A.), will be the legal successor to WATER and ENERGY ELECTRIC SOCIEDAD OF THE STATE (ELECTRIIC WATER AND ENERGY S.E.) only to the effect of what was expressed in the preceding articles.

Art. 4°- Please refer to the MINISTERY OF ECONOMY AND PUBLIC ARTWS AND SERVICES to approve the Constitutive Act and the Societal Statutes of BINATIONAL ENERGETIC ENVIRONMENTS SOCIEDAD ANONIMA (BINATIONAL ENERGETIC ENVIRONMENTS S.A.).

Art. 5°- Determine that the Society whose constitution is provided, in the terms of Article 1 of this act, shall be governed by this decree, by its respective Statutes and as provided for in Chapter II, Section V, Articles 163 to 307 and in accordance with Law No. 19.550 (T. 1.984). The SECRETARIAT OF ENERGY AND PUERTS of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES will be the holder of the NOVENTA and NEW BY SCIENTY (99 %) of the shares and NUCLEOELECTRICA ARGENTINA SOCIEDAD ANONIMA (NASA) will exercise the respective shares of UNO

Art. 6°- Ordenase the protocolization of the Constitutive Act and the Statutes of the Society which are established by the present decree, as well as of any action that is necessary to elevate to public writing for the purposes of registration, through the General ENCRIBANIA OF GOVERNMENT OF THE NATION without implying any erogation. See Mr. SECRETARY OF ENERGY AND PUERTS of MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS or the official designated by the latter, to sign the corresponding public deeds and to subscribe and integrate the initial capital on behalf of the NATIONAL STATE with the authority to perform all such acts as may be necessary for the purposes set out in the preceding paragraph.

Art. 7°- Please order the respective registration before the General INSPECTION OF JUSTICE and other relevant Public Records, in order to assimilate the publication of the Approval Resolution of the Constitutive Act and the Statutes of the Society in the Official Gazette to the provisions of Article 10 of Law No. 19.550 (t. 1.984).

Art. 8°- MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS will determine the goods and contracts that will be assigned to ENERGETIC ENERGETIC ENFORCEMENTS ANONIMA SOCIEDAD (BINATIONAL ENERGETIC ENVIRONMENTS S.A.) and will establish the amount of the consequent increase in capital.

Art.9°- Please indicate the registration of the increase in capital referred to in the previous article by the General INSPECTION OF JUSTICE and other relevant Public Records and be filled with all the requirements, legal and accounting established in the General Resolution INSPECTION OF JUSTICE No. 6 of 24 December 1,980, in connection with the registration of the aforementioned increase carried out by ENERGY BINATIONAL ENERGY SOCIEDAD ANONIMA (BINATIONAL ENERGETIC ENERGETIC ENVIRONMENTS S.A.), in the terms of the Resolution that dictates the MINISTERY OF ECONOMY AND PUBLIC SERVICES.

Art. 10.- Explain the provisions of Article 2 of Decree No. 114 of 29 January 1,993 to acts and instruments that are signed or carried out on the basis of the provisions of this decree, and to the acts necessary to transfer to ENERGETIC ENVIRONMENTS BINATIONAL SOCIEDAD ANONIMA (EMPRENDANCES ENERGETICS BINATIONAL S.A.) the goods and contracts that correspond to this decree.

Art. 11.- Contact the Bicameral Commission established by Article 14 of Law No. 23.696.

Art. 12.- Contact, post, give to the National Directorate of Official Registration and archvese.- MENEM.- Jorge A. Rodríguez.- Roque B. Fernández.- Guido Di Tella.

Annex I

LISTED OF INSTRUMENTS REFERRED TO ELECTRIC INTERCONEXIONS AND HIDROELECTRIC GENERATION IN which PARTICIPA WATER AND ELECTRIC ENERGY SOCIEDAD OF THE STATE (in liquidation)

1. Yacyreta Treaty of 3 December 1,973, signed between the ARGENTINA REPUBLIC and the PARAGUAY REPUBLIC adopted by Law No. 20,646.

2. Agreement between the ORIENTAL REPUBLIC OF URUGUAY and the ARGENTINA REPUBLIC for the Use of the Quicks of the Uruguay River in the Salto Grande area of 30 December 1,946, approved by Law No. 13.213.

3. Decree No. 2997 of 18 May 1,972 assigning to WATER and ENERGY ELECTRICA SOCIEDAD DEL ESTADO the execution of non-common transmission works.

4. Agreement to regulate the Convention of 30 December 1,946, approved by Decree No. 789 of 20 December 1,973.

5. Energy Interconnection Agreement of 12 February 1,974 between the ARGENTINA REPUBLIC and the ORIENTAL REPUBLIC OF URUGUAY.

6. Agreement for the Execution of the Energy Interconnection Agreement of 12 February 1,974, signed with the ORIENTAL REPUBLIC OF URUGUAY on 27 May 1,983, approved by Law No. 23,390.

7. Agreement signed on 14 March 1,972 between the companies AGUA and ENERGIA ELECTRIICA SOCIEDAD OF THE STATE of the ARGENTINA REPUBLIC and CENTRAIS ELETRICAS BRAZILEIRAS S.A. - OF THE FEDERAL REPUBLIC DEL BRAZIL, for the joint study of the border sections of the Uruguay River and its tributary the Pepirí Guazú River, in the framework of the objectives expressed in the Treaty of the Silver Basin approved by Law No. 18.590.

8. Treaty between the Government of the ARGENTINA REPUBLIC and the Government of the FEDERAL REPUBLIC OF BRAZIL for the use of the shared water resources of the border sections of the Uruguay River and its tributary the Pepirí Guazú River signed on 17 May 1,980, approved by Law No. 22,740.

9. Contract of interconnection, supply and exchange of electrical energy celebrated on August 28, 1,992 between WATER and ELECTRIC ENERGY SOCIEDAD OF THE STATE of the ARGENTINA REPUBLIC and CENTRAIS ELETRICAS BRAZILEIRAS S.A. - ELETROBRAS y las CENTRALES ELETRICAS DO SUL S.A. ELETROSUL OF THE FEDERAL REPUBLIC DEL BRAZIL, under the Agreement for the exchange of notes of 17 May 1,980 between the Foreign Ministry of the two countries.

10. Protocol of Intentions between the ARGENTINA REPUBLIC and the FEDERAL REPUBLIC DEL BRAZIL sobre integración en materia energetic, celebrated on 9 April 1,996, in the framework of the validity of the Treaty between the Government of the ARGENTINA REPUBLIC and the Government of the BRAZIL FEDERAL REPUBLIC for the Taking advantage of the shared water resources of the border sections of the Uruguay River and of its Afluent the Rio Pepirí Guazú, subscribed by 17 May

11. Convention on Reciprocal Cooperation and Electrical Interconnection between the SECRETARIAT OF ENERGY of the ARGENTINA REPUBLIC and the NATIONAL ADMINISTRATION OF ELECTRICITY - ANDE of the REPUBLIC OF PARAGUAY and Technical Notes No. 1 and No. 2 subscribed by EMSA and ANDE, approved by Decree No. 247 of February 24, 1987.

12. Technical note No. 3 of 10 March, 1989 signed between WATER and ELECTRIC ENERGY SOCIEDAD OF THE STATE OF THE ARGENTINA REPUBLIC and the NATIONAL ADMINISTRATION OF ELECTRICITY OF THE REPUBLIC OF PARACUAY approved by Decree No. 326 of 9 March 1,989.

13. Decree No. 510 of 27 March 1,992 on the approval of the Extension of the Convention on Reciprocal Cooperation for the Electrical Interconnection signed with the NATIONAL ADMINISTRATION OF ELECTRICITY of the PARAGUAY REPUBLIC.