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National Sport Development Ente Universal Sport For Child In Sport-Creative

Original Language Title: ENTE NACIONAL DE DESARROLLO DEPORTIVO ASIGNACION UNIVERSAL POR HIJO EN EL DEPORTE - CREACION

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image start infoleg site The Ministry of Justice and Human Rights
NATIONAL SPORTS DEVELOPMENT AGENCY

Law 27201

Universal Assignment by Son in Sport. Creation.

Sanctioned: October 28, 2015

Enacted: November 03, 2015

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

NATIONAL SPORTS DEVELOPMENT AGENCY

(ENADED)

CHAPTER I

Article

ARTICLE 1- Create the National Sports Development Ente (ENADED), as a legal entity of public non-state law aimed at managing and coordinating: national, a structure of administration, coordination and support for sport and physical activity; in the provincial, to achieve a harmonious realization of efforts aimed at the achievement of such a structure; in the municipal, to support the satisfaction and primary needs through the municipal structures of sport recognized in law 20,655, ensuring economic advice and support for the development of the sporting infrastructure; and in the social including, through the Universal Allowance for the Son in Sport, the right to the practice of the sport and the physical activity of children, girls and adolescents.

ARTICLE 2- Create the Universal Allowance by Child in Sport, as an additional supplement for each minor person or person with disabilities, who are in the range of six (6) and sixteen (16) years of age and are in charge of the holders of the right to receive the Universal Allowance for Social Protection provided for in Article 1 (c) (c) of Law 24,714 and its amendments, which shall be intended for the payment of the share of the sporting stimulus of the beneficiaries in the Civil sports associations covered by Law 20,655.

ARTICLE 3- The planned allocation is incompatible with the collection of scholarships and subsidies related to sport in the national, provincial, municipal, or Autonomous City of Buenos Aires. Children, girls and adolescents who are not included in payrolls who receive such benefits will be able to access it.

ARTICLE 4 ┬░- The amount of the benefit provided for in Article 2 of this Law shall be established by the Executive Directorate of the entity in accordance with the binding reports to be submitted by the National Observatory of Sport and Physical Activity. The same should include the payroll of civil society associations receiving the beneficiaries, qualification of facilities, availability of suitable personnel and activities that are developed.

ARTICLE 5- For the purposes of complying with the provisions of point (e) of Article 14b of Law 24,714 and its amendments, the concurrency of persons under age and persons with disabilities must also be credited. Civil sports associations included in law 20,655.

ARTICLE 6- For the operational implementation, supervision, control and payment of the benefit provided for in Article 2 of this Law, the provisions of Law 24,714 and its amendments and the relevant supplementary rules shall apply. the National Administration of Social Security (ANSES).

ARTICLE 7- Create the National Women's Empowerment Programme in Sport, which will aim to ensure equality, participation, inclusion, access and representation of women in all areas and at all levels of the community sports, such as: athletes, practitioners, managers, leaders, coaches, techniques, arbitrators, judges.

ARTICLE 8- The National Program on Women's Empowerment in Sport will implement actions through courses, debates, forums, seminars and training workshops that enable:

a) Equal access for women in sport;

(b) Ensure gender-based training of sport professionals in the field of education;

c) Promote equity in competitive formats, geographic distribution, visibility and rewards of competition sports; and

d) Concierge and postulate a collective construction work in the field of sports federations, as possible means for the use of situations of family violence or child sexual abuse in the care of the immediacy and the development of the work training that sport involves in girls, boys and adolescents.

ARTICLE 9 -For the specific purposes of the National Program on Women's Empowerment in Sport, it will be possible to affect up to five percent (5%) of the total of the resources collected by the entity.

ARTICLE 10.- The entity has full legal capacity to administer the resources allocated in this law, affecting them exclusively to:

(a) to pay for the costs of implementing the Universal Allowance for the Child in Sport;

(b) to meet the costs of implementing the National Programme for the Empowerment of Women in Sport;

c) To guarantee the realization of the Social and Sports Program "Evita National Games" provided for in Law 26.462, in all the territory of the Nation, in coordination with the national, provincial, municipal, municipal, and Autonomous City of Buenos Aires Air and private institutions;

d) Implement plans, programs, projects and national, provincial, municipal projects for the development of sports infrastructure in medium and high performance centers and of federated and neighborhood clubs, through implementing units public or private national, provincial, municipal, and the Autonomous City of Buenos Aires suitable for such tasks;

e) Promote the values of sport and physical education, implementing plans and programs that allow access to the practice of sports, contemplating the rural and urban environment, especially of children and adolescents, considering the sociocultural animation as a genuine means of social inclusion and stability;

f) Promote the training of specialized physicians in medicine applied to sports activities, establishing preventive and comprehensive health mechanisms;

g) Promote the training of sports leaders, teachers specializing in physical education and sports technicians, through the promotion of educational programs, while ensuring that the conduct of the civil sports associations and the teaching as the sport practice is oriented and conducted by professionals in the field;

h) Ensure that educational establishments of primary, secondary and university levels possess and use adequate sports facilities, ensuring the development of activities that allow the practice of sport and the organization of school skills at all levels of the education system, promoting the training and maintenance of an appropriate sports infrastructure and aiming towards full use of it;

i) Create the Sports Social Scholarship Program (PBSD) with specific destination for the training and preparation of athletes, technicians and support personnel who integrate national representative teams of amateur or federated sports disciplines to compete, for selected or clubs, in federal, social or recreational competitions of a national nature. The Sports Social Scholarship Program (PBSD) shall be implemented in accordance with the provisions of this Law;

(j) To contribute to the development and activities of the municipal sports structures recognized in law 20,655;

(k) Collaborate, promote and finance the programmes and activities developed by the National Observatory of Sport and Physical Activity, with a total of 8% (8%) of the total of its revenue; and

(l) Collaborate, promote and finance the National Anti-Doping Commission, established by law 27.109, affecting to this end up to one percent (1%) of its revenue.

ARTICLE 11. -The entity has an address in the Autonomous City of Buenos Aires and develops its activities in the regions of the country. For these purposes, the entity may establish the delegations it considers relevant for the better promotion and development of sports activities. You can also act abroad in accordance with the scope of this law.

ARTICLE 12.- The entity is not for profit and enjoys administrative and financial autarquia.

CHAPTER II

Partners

ARTICLE 13.- The National Observatory of Sport and Physical Activity under the National Council for the Coordination of Social Policies of the Presidency of the Nation or the body that will replace it in the future within the framework of Law 20,655, and the Argentine Sports Confederation, are founding partners of the entity.

ARTICLE 14.- The founding partners have the following rights:

a) Choose and be elected to fill the positions of the Executive Board of the entity;

(b) Nominate representatives to occupy the positions of the Fiscalizing Commission and the Court of Discipline of the entity, which must carry out functions exclusively in each of these bodies;

c) Participate in the right to voice and vote through their representatives in the General Assembly;

(d) Participate in the activities and acts determined by the Executive Board or the General Assembly;

e) Having access to all the books of the entity; and

f) Propose the suspension of one or more directors of the entity based on the non-observance of the duties, as established by this law and the current regulations.

ARTICLE 15.- The founding partners have the following obligations:

a) Meet the resolutions that the General Assembly and the Executive Board dictate or adopt;

(b) to carry out through their representatives the charges or commissions entrusted to them;

c) Attend the sessions of the Ordinary or Extraordinary General Assemblies; and

(d) Participate in activities aimed at fulfilling the aims of the entity.

CHAPTER III

Government and administration

ARTICLE 16.- The entity has the following governing bodies and administration:

a) The General Assembly of Partners;

(b) The Executive Board;

(c) the Fiscalizing Commission; and

(d) The Court of Discipline.

Of the assemblies

ARTICLE 17.- The General Assembly consists of twenty (20) members. Each of the founding members is represented by ten (10) people.

ARTICLE 18.- The representatives are appointed for a period of four (4) years. In the event of removal, resignation or death of a representative, he/she shall be immediately replaced by another person, designated for that purpose by the corresponding founding partner, who will last in his/her duties the time remaining to complete the period of the person replaced.

ARTICLE 19.- The founding partners must exercise their rights and fulfil their obligations through their representatives.

ARTICLE 20.- The General Assembly of Partners has an ordinary or extraordinary character. The first is to be held in the first quarter of each year.

ARTICLE 21.- The Ordinary General Assembly must know and decide on the following matters:

(a) Approve the institutional strategic plan or its modifications;

b) Approve the memory and the annual balance sheet;

(c) To elect those who are members of the Executive Board, the Fiscalizing Commission and the Court of Discipline;

(d) to examine and decide on the budget for next year's economic year, which should be proposed annually by the Executive Board;

(e) To approve and amend the institution's internal regulations.

ARTICLE 22.- The Extraordinary General Assembly must be held every time the Executive Board agrees to convene it or at the request of seven (7) representatives of the founding members, indicating the reasons for the written request to the President of the Board of Directors. Executive.

ARTICLE 23.- The Extraordinary General Assembly should only deal with matters relating to the matters referred to in the call.

ARTICLE 24.- The summons to the Ordinary or Extraordinary General Assembly must be made by means of the authentic notification to the representatives of the assembly, without prejudice to a notice published once in a national circulation journal that determines the executive management and in the Official Gazette, within ten (10) days preceding the one set by the executive management for the meeting.

ARTICLE 25.- The Ordinary or Extraordinary General Assembly must be legally installed and constituted with a quorum of half plus one of the representation of the founding members. In case of not having the same, the assembly may be legally sessioned, an hour later, with the presence of at least forty percent (40%) of the same. If this quorum is not met, the minutes will be recorded and a new summons must be available, within thirty (30) days of the first call, in which case the assembly will meet with the representatives present.

ARTICLE 26.- The resolutions of the General Assembly must be taken by an absolute majority of the votes of those present. The deliberations and agreements adopted must be contained in a record of minutes to be taken by the secretariat. The minutes shall be signed by the person holding the presidency, by the secretary/a and by one (1) representative of each founding member appointed by the assembly.

ARTICLE 27.- The General Assembly should be presided over by the person holding the presidency of the entity to be assisted by the person appointed in the General Secretariat of the Executive Board; for the absence of the presidency, the assembly will elect its replacement. respecting the hierarchical order of the Executive Board. In the absence of the directory authorities, the assembly must designate a director (1) to preside over it.

ARTICLE 28.- The General Assembly may be deferred by means of a founded resolution, when the Executive Board so decides.

Executive Board

ARTICLE 29.- The entity will be administered by an executive management, composed of twelve (12) members, of which will correspond: six (6) representatives of the National Observatory of Sport and Physical Activity and six (6) representatives of the Confederation Argentina de Deportes.

ARTICLE 30.- The executive management is composed as follows: a/a (1) president/a, a/a (1) vice-president/a first/a, a/a (1) vice-president/a second/a, a/a (1) secretary/general, a/a (1) prosecretary/a general, a/a (1) treasurer/a, a/a (1) prot├ęsorero/a and five (5) directors. The members of the executive management shall have paid functions, except those members who receive any kind of remuneration under any such concept, whether state or private.

ARTICLE 31.- The mandate of the Executive Board is four (4) years.

ARTICLE 32.- The positions of the Executive Board are exercised as follows:

(a) the Chair, Deputy Chair, General Secretary, Treasury and two (2) Directors of one of the Founding Partners; and

(b) The first deputy presidency, the general secretariat, the protest shop and three (3) directors by the representatives of the other founding partner.

The National Sports Observatory and the Physical Activity must designate the authorized persons, in order to carry out the hierarchical positions within the executive directory. The Argentine Sports Confederation must designate the persons authorized to carry out hierarchical positions within the executive board in representation of that body.

The Presidency may only be exercised by the maximum authorities of each of the founding members, in the event of their impairment, their natural replacements shall be vice-presidents, in the case of the Argentine Confederation of Sports, and Secretary General, in the case of the National Sports Observatory and Physical Activity. The Ordinary General Assembly in a single vote and in equal proportions for each founding partner, must elect the members who will occupy the members of the board. The first term of office of this entity should be exercised by the representatives of the Argentine Sports Confederation and subsequently both partners will alternate in the positions. Those who integrate the directory can only be removed from their posts for non-compliance or poor performance of their duties.

The removal must be approved by the two thirds (2/ 3) of the total members of the National Council of Sport and Physical Activity, by means of a procedure in which the right of defense has been guaranteed in a wide way, Resolution adopted in this respect shall be duly founded on the grounds previously provided for.

ARTICLE 33.- The Executive Board has the following rights and obligations:

(a) Manage the entity;

(b) To convene and establish the agenda of the assembly;

c) To dictate the regulation to be approved by the assembly;

d) Fulfill and enforce the statutes and regulations, interpreting them in case of doubt, giving an account of the resolve to the next assembly that is held;

e) To present to the General Assembly Ordinary the Memory, balance sheet, inventory, expense account, resources and reports of the Fiscalizing Commission. This documentation must be forwarded to the founding members, with fifteen (15) days in advance of the scheduled date of the ordinary assembly;

f) To execute the resolutions of the assembly;

(g) to create the councils or commissions that are necessary for the best performance of the purposes of the entity;

(h) to accept the voluntary incorporation as adherent, without a voice or vote, of natural or legal persons, public or private, interested in the objectives of the entity;

(i) Manage and control the collection of the resources provided for in this Law;

(j) Execute plans, programmes, projects and actions which are compatible with the objectives of the entity; and

(k) Designate the personnel necessary for the fulfilment of the social purpose.

Rights and obligations of members of the Executive Board

ARTICLE 34.- The President of the Executive Board has the following rights and obligations:

(a) Represent the entity;

b) Convocation to the meetings of the Executive Board;

c) Chair the assembly and meetings of the Executive Board with double voting in case of a tie;

(d) Sign together with the Registrar/the minutes and all administrative documents;

(e) to sign together with the treasurer, the payment orders and any documentation relating to the economic progress of the entity; and

(f) to resolve matters of urgency and the difficulties that arise, if the Executive Board cannot be called in time and form, and must account for what has happened in the next session of the Executive Board.

ARTICLE 35.- The president must be replaced, in the event of a temporary absence or impediment, by the person who succeeds him in the hierarchical order of the entity.

ARTICLE 36.- The Vice-Presidents shall have the following rights and obligations:

(a) Replace the President by his hierarchical order in the terms of Article 18 of this Law;

(b) Chair the committees to be formed; and

c) To perform tasks expressly delegated by the Executive Board.

ARTICLE 37.- The secretary has the following rights and obligations:

(a) to draw up correspondence and to be responsible for the preservation of all the administrative documentation of the entity;

(b) to sign with the President/the minutes and any administrative documentation of the entity;

c) To act as secretary in the ordinary or extraordinary assembly; and

d) Draft the minutes of the assembly and the meeting of the Executive Board.

ARTICLE 38.- The prosecretary/general replaces the secretary/general in case of temporary absence, resignation or death in the terms of article 18 of this law.

ARTICLE 39.- The treasurer has the following rights and obligations:

(a) Deposit the funds received in the bank or the banking entities designated by the Board of Directors into accounts with the order of the entity;

(b) to make payments approved by the Executive Board or authorized by the Presidency;

(c) to jointly sign with the Presidency the payment orders, cheques and all the financial documentation of the entity;

(d) Carry out the necessary accounting records and prepare the annual memory and balance sheet, and must provide the Executive Board with the reports required by the Executive Board regarding the movement and economic status of the entity; and

e) Prepare and submit to the Executive Board the budgets that are necessary to meet the purpose of the entity.

ARTICLE 40.- He/she replaces the treasurer in case of temporary absence, resignation or death in the terms of article 18 of this law.

ARTICLE 41.- The Executive Board must meet in session with the periodicity that the directory itself determines. The Presidency may convene it when it deems appropriate or so request five (5) members of the body. The call will be made within eight (8) days following receipt of the request and with no less than forty-eight (48) hours in advance.

ARTICLE 42.- A minimum of seven (7) members is required to form a quorum. The members of the board have the right to vote and the president/one more vote in case of a tie. Resolutions are taken by a majority of those present. The members of the Executive Board must be cited for the necessary communication in the cases of unforeseen meetings. The meeting must be communicated by means and included in the book of minutes, leaving on record the matters that prompted the summons. The members of the Board of Directors must be aware of their presence in the Registry of Assistants and all the resolutions that are taken will be transcribed in the book of minutes, both duly signed to this effect, with the signature of the President and/or the Secretary-General.

CHAPTER IV

Audit and Audit

ARTICLE 43.- The Audit Committee of the entity functions as an internal audit and is integrated proportionally by the founding partners, four (4) members and four (4) alternates elected by the Ordinary General Assembly, who will last four years. (4) years in their duties and may be re-elected.

ARTICLE 44.- The Audit Committee has the following rights and obligations:

(a) Fiscalize the administration of the entity in accordance with the usual auditing standards;

(b) to examine the books and documents of the entity monthly;

(c) Dictate on the annual report and balance sheet;

(d) Attend meetings of the Executive Board, when required by the Executive Board or when the Fiscalizing Commission so requests;

e) Report monthly to the Executive Board on the outcome of its management;

f) Formulate recommendations to improve and optimize the use of the resources that the entity has; and

(g) Any task as set out in this law and its corresponding rules.

ARTICLE 45.- The Audit Committee is chaired by one of the members elected by the majority of votes of their members and lasts one (1) year in their duties and can be re-elected. In case of absence, a replacement shall be appointed among its members.

ARTICLE 46.- The entity is subject to the external control of the General Audit Office for the purpose of monitoring and controlling the administration of the resources allocated by this law.

CHAPTER V

Court of discipline

ARTICLE 47.- The Court of Discipline is composed proportionally of the founding members, four (4) members and four (4) alternate members elected by the Ordinary General Assembly, who last four (4) years in their duties and will be able to be re-elected.

ARTICLE 48.- The Court of Discipline has the following rights and obligations:

a) Develop a code of ethics, which must be considered in the first Ordinary General Assembly of the entity;

b) Propose to the Executive Board the necessary disciplinary measures or sanctions;

(c) Carry out a book with a record of penalties, penalties or disciplinary measures applied and the file of the procedures performed;

(d) to inform the Executive Board and the General Assembly about their activities in the opportunities in which these bodies so require; and

e) Propose to the General Assembly changes to the rules and procedures governing the discipline of the entity.

ARTICLE 49.- The sanctions that may be applied by the Executive Board or the General Assembly are as follows:

(a) Amonstation;

(b) Suspension up to sixty (60) days; or

(c) Expulsion.

The sanctions should be applied in advance of a summary, in which the right of defense in judgment and other constitutional guarantees will be ensured.

Transitional provisions

ARTICLE 50.- Create a Transitional Organizer Commission composed of one (1) representative of the National Observatory of Sport and Physical Activity and one (1) representative of the Argentine Confederation of Sports, in the terms of the article 32 paragraph 2 of the present law, who must be automatically in office at ten (10) days of the publication of this law in the Official Gazette.

ARTICLE 51.- The Transitional Organizing Committee must take into office the National Sports Development Ente (ENADED) within thirty (30) days following its conformation, taking the necessary provisions to this effect.

ARTICLE 52.- The Executive Branch shall regulate this law within thirty (30) days of its publication in the Official Gazette.

ARTICLE 53.- Budgetary adjustment. The resources required by the implementation of this law will be allocated by the national executive branch through the appropriate budgetary adjustments.

ARTICLE 54- Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-EIGHT DAYS OF THE MONTH OF OCTOBER OF THE YEAR TWO THOUSAND FIFTEEN.

-REGISTERED UNDER NO 27201-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese.