SIMPLIFICATION AND DE-BUREAUCRATIZATION FOR THE PRODUCTIVE DEVELOPMENT OF THE NATION

Law 27444

Provisions.



LAW ON SIMPLIFICATION AND DEBUREAUCRATIZATION FOR THE PRODUCTIVE DEVELOPMENT OF THE NATION

CHAPTER I

Trust Fund for the Development of Entrepreneur Capital-MySMEs

Article 1-Substitute Article 15 of Law 27.349, as follows:

Article 15: Subject. The Trust Fund for the Development of Entrepreneurship Capital (FONDCE) and the trusts that will be established in the framework of this Fund will be aimed at financing entrepreneurial ventures and institutions registered as such.

The Fund may also grant financing to micro, small and medium-sized enterprises, as defined in Article 1 of Law 25.300 and its amendment, and its regulatory and complementary rules, without any derogation of other promotion schemes or benefits for SMEs which may exist.

All this, in the forms and conditions laid down by the regulations.

Article 2-Substitute Article 17 of Law 27.349, as follows:

Article 17: Instruments for the implementation of the Fund's resources. The assets of the Fund shall be:

a) Loans: the Trust Fund for the Development of Entrepreneur Capital will provide loans and/or financial assistance to enterprises, entrepreneurial capital institutions, and micro, small and medium-sized enterprises.

The financial conditions may differ depending on the destination of the funds and the characteristics of the recipients;

(b) Non-reimbursable amounts (NRAs): for enterprises, micro, small and medium-sized enterprises, institutions of entrepreneurial capital, and institutions offering incubation or acceleration services of enterprises, provided there is a counterpart of contributions from the beneficiary of the NRA, in terms of the rules. The regulation should provide for NRAs and entrepreneurial capital institutions to have a maximum ceiling of up to 70% (70%) of the total contribution, while for institutions offering services of incubation, the amount of NRAs may cover up to one hundred percent (100%) depending on the type of project and the geographical location.

In those cases where, due to the characteristics of the project, it is not feasible to implement a loan, the Trust Fund for the Development of Entrepreneur Capital may grant funds without a refund requirement. The evaluation of the project should place particular emphasis on the elements considered at the moment of corroborating that the recipient has the technical capabilities to carry out the project. All non-reimbursable contributions (NRAs) granted may not exceed 30% (30%) of the total funds administered by the Trust Fund for the Development of Entrepreneur Capital;

c) Capital Amounts: The Trust Fund for the Development of Entrepreneur Capital will be able to carry out directly or indirectly, contributions of capital in enterprises and in institutions of entrepreneurial capital, as well as in micro, small and medium companies;

(d) Other financing instruments: other financing instruments may be used to determine by the implementing authority, as long as they permit the financing of projects with the destinations provided for in this law. In particular, it may grant financial assistance to entrepreneurs under the "seed fund" programme set up by this law, in the calls to be made by the implementing authority of that programme. In this case, the advisory board provided for in Article 63 of this Regulation shall replace the advisory board provided for in Article 19 (6) of the present case.

Article 3-Substitute Article 18 of Law 27.349, as follows:

Article 18: Trust contract. Subscription. Subjects. The trust agreement of the Trust Fund for the Development of Entrepreneur Capital shall be signed between the Ministry of Production or the Ministry of Production, as a trustee, and the public entity, public banking entity or controlled society. any of these designated by the implementing authority in the regulation, as a fiduciary.

The beneficiaries of the Trust Fund for the Development of Entrepreneur Capital will be enterprises, entrepreneurs and institutions of entrepreneurial capital registered as such, and micro, small and medium enterprises.

Article 4 (4)-Substitute Article 19 (4) of Law 27.349, as follows:

4. The steering committee shall appoint an ad hoc advisory board for each programme of the Trust Fund for the Development of Entrepreneur Capital involving the transfer of funds. The ad hoc advisory board shall be composed of national and international experts concerning the sector, in the forms and conditions laid down by the regulation.

Article 5-Substitute Article 27 (c) of Law 24.467, as follows:

c) Issue certificates of accreditation of the condition of micro, small or medium enterprise, at the request of the company, national, provincial and municipal authorities.

In order to simplify the operation and development of micro, small and medium-sized enterprises, the implementing authority will have the power to modify and extend the purposes of the Business Registry of MSMEs, as well as to articulate actions with any other body or authority, both national, provincial, of the Autonomous City of Buenos Aires and municipal, that are relevant to comply with the purposes of the registration.

Those bodies and authorities shall provide the register with the information and documentation required by the implementing authority, ensuring security in the processing of such information.

The implementing authority shall also have the power to lay down the conditions and limitations in which the information and documentation contained in the Register of Small and Medium-sized Enterprises may be consulted and used by the sector's bodies. national public, comprised in Article 8 ° of Law 24.156 and its modifications, provincial, of the Autonomous City of Buenos Aires and municipal, as well as private institutions, among others, guaranteeing safety in the treatment of such information.

Article 6-Substitute Article 2 of Law 24.467, by the following:

Article 2: Encomiendase the implementing authority to define the characteristics of the companies that will be considered micro, small and medium enterprises, being able to contemplate, when this is justified, the specific characteristics of the different sectors and regions of the country and based on some or all of the following attributes of the same or their equivalents, occupied personnel, value of the sales and value of the assets applied to the production process, without prejudice to the provisions in Article 83 of this Law.

The implementing authority shall review the definition of micro, small and medium-sized enterprises annually in order to update the parameters and specificities referred to in the definition adopted.

The implementing authority shall establish the limitations applicable to undertakings which control, are controlled and/or are linked to other national or foreign economic groups or groups, in order to be micro, small and medium-sized enterprises.

The benefits in force for micro, small and medium-sized enterprises will be extended to the associative forms made exclusively by them.

The bodies referred to in Article 8 of Law 24.156 shall have the status of micro, small and medium-sized undertakings as accredited, with the constancy that, if they correspond, the implementing authority shall be issued by the means which it establishes for those purposes.

Article 7-Substitute Article 1 of Law 25.300 and its Amending, by the following:

Article 1: For the purposes of the present regime and to unify criteria between the general regime established by Law 24,667 and this law, as well as having a single definition of micro, small and medium-sized enterprises, be defined established in Article 2 of Law 24.467.

CHAPTER II

Argentine Guarantee Fund

Art. 8 °-Substitute the name of the Fund of Guarantees for Micro, Small and Medium Enterprises (Fogapyme), created by law 25,300, by Fund of Argentine Guarantees (FoGaur).

Article 9-Substitute Article 8 of Law 25.300 and its Amending, by the following:

Article 8 °: Creation and object. Create the Argentine Guarantees Fund (FoGAG) that will be able to operate throughout the territory of the Argentine Republic in accordance with the regulatory norms that the national executive branch or the implementing authority will dictate in the context of the powers delegated to it.

The object of the FoGAF is to provide guarantees in support of those issuing mutual guarantee companies, and to provide direct and indirect guarantees, in order to improve the conditions of access to the credit of persons who carry out activities economic and/or productive in the country, to:

(a) the financial institutions approved by the Central Bank of the Argentine Republic;

(b) Non-financial institutions that develop financing tools;

(c) Investors of instruments issued under the public offering regime in trading exchanges and/or securities markets duly authorized by the National Securities and Exchange Commission.

It may also grant guarantees in support of those issued by the national, provincial, regional or Autonomous City of Buenos Aires funds constituted by the respective governments, whatever the legal form they adopt, provided that they comply with the technical requirements laid down by the implementing authority.

The granting of guarantees by the FoGaur will be for consideration.

Article 10.-Substitute Article 10 of Law 25.300 and its Amending, by the following:

Article 10: Resources of the Fund. The FoGaur will have a heritage that will be constituted by the fideicomitides.

These goods are as follows:

a) The contributions made in favour of the Guarantee Fund for Micro, Small and Medium Enterprises (Fogapyme);

(b) the resources allocated to it by the national State;

(c) The recovery of the guarantees honored;

(d) dividends or profits received by the holding of shares or proceeds from its sale;

e) The revenue generated by the financing of other financial instruments;

(f) the production of their operations, the income, fruits and investments of the fideicomised goods;

(g) the income earned by issuance of debt securities issued by the fiduciary in the terms of the respective contract and/or prospectus;

(h) the solidarity contributions to the FoGaur according to specific regimes that establish them;

i) Other income, contributions, contributions, subsidies, legacies or donations specifically intended for the FoGaur.

In addition, they will be able to increase the contributions of international organizations, national or foreign public and private entities, provincial or municipal governments, in so far as they adhere to the terms of the trust established by the Article 9 of this Law.

Within the framework of the FoGAF, specific affectation funds may be set up to guarantee the granting of guarantees to undertakings of certain jurisdiction, economic sector, size or other parameters established by the implementing authority.

Article 11-Substitute Article 11 of Law 25.300 and its Amending, by the following:

Article 11: Management Committee. The administration of the Fögaur's fiduciary assets and the approval of the eligibility criteria for the operations to be endorsed will be carried out by a management committee composed of as many members as established in the regulations, the which shall be appointed by the implementing authority, and whose presidency shall be the responsibility of the Minister of Production or of the representative appointed by the Minister of Production and the Vice-Presidency of the Secretary of Entrepreneurs and Small and Medium-sized Enterprises. Company, or who is appointed.

Article 12-Substitute Article 13 of Law 25.300 and its Amending, by the following:

Article 13: Fiduciary. The trust of the FoGaur will be the Nation Trust S.A. or the Bank of Investment and Foreign Trade or any agency that in the future will replace them. The designated trustee shall provide all administrative and management support services required by the Management Committee for the performance of its duties.

CHAPTER III

Mutual Guarantee Societies

Article 13.-Substitute Article 33 of Law 24.467, by the following:

Article 33: Subject. The main social object of the mutual guarantee companies shall be the granting of guarantees to their partners by the conclusion of contracts covered by this law.

They may also provide guarantees to third parties.

They may also provide technical, economic and financial advice to their partners directly or through third parties contracted for this purpose.

Article 14.-Substitute Article 34 of Law 24.467, by the following:

Article 34: Operating limit. The Mutual Guarantee Companies (SGR) may not assign to the same partner, or to third parties, guarantees exceeding 5% (5%) of the total value of the risk fund of each SGR.

Nor may the SGR assign to the same creditor more than 25% (25%) of the total value of the venture fund. The condition of creditor shall include the controlled, related and human and/or legal persons who integrate the same economic group in accordance with the criteria laid down in the rules.

The guarantees relating to loans granted by banks and guarantees granted to centralised or decentralised public bodies which are dependent on national, provincial and national governments are excluded from the operational limit. municipal and the Autonomous City of Buenos Aires that do not develop commercial, industrial or financial activities.

The implementing authority may authorise larger operational limits as a general rule by virtue of the development of the system. It may also derogate from the operational limits for special cases, exceptionally and by decision, provided that some of the following circumstances arise:

(a) in respect of the limit applicable to creditors: where national, provincial or municipal centralised and decentralised public bodies are established which carry out commercial, industrial and financial activities; financial institutions regulated by the Central Bank of the Republic of Argentina and/or international credit agencies.

In these cases it must be established that the financing conditions, in the cost and/or in the period, represent a real benefit for the MSMEs;

(b) With regard to the limit applicable to the partner: where the Reciprocal Guarantee Society has guarantees in force at least 30% (30%) of its partners, a guarantee of up to 15% may be authorised (15%) the total value of the risk fund for each mutual guarantee company provided that such amount does not exceed the sales of the last calendar half of the applicant.

Article 15-Substitute Article 71 of Law 24.467, as follows:

Article 71: Of the counter-guarantee. The Mutual Guarantee Companies (RGS) must require counter-guarantees from the partners and third parties in support of the guarantees contracts with them.

The holder of the mutual guarantee contract shall provide the SGR with some form of counter-guarantee in support of its operation.

The SGR may exempt from the requirement of counter-guarantees at certain types of operations as a general rule, as well as private transactions.

Article 16.-Substitute Article 72 of Law 24.467, by the following:

Article 72: Contract forms. The mutual guarantee contract is consensual. It shall be held in writing, and may be made by public or private instruments.

Article 17.-Substitute Article 81 of Law 24.467, by the following:

Article 81: The implementing authority corresponding to this Title shall be the authority designated by the national executive branch, which shall also dictate the regulatory standards necessary for its completion and for the oversight and supervision of the Mutual guarantee companies (SGR) with the exception of the provisions of Article 80.

The implementing authority of the System of Mutual Guarantee Societies shall, inter alia, have the following:

(a) Define the investment criteria to be observed by the Reciprocal Guarantee Societies (SGR), which can establish compulsory investments, up to 25% (25%) of the value of the venture funds of each company, in public guarantee that they have between their objectives the re-strengthening of their obligations;

b) Establish a solidarity contribution to one or more Public Guarantee Funds, up to an amount equal to five percent (5%) of the new contributions or reimpositions to be made to the risk fund of a Reciprocal Guarantee Society (SGR). In order to provide stability to the system of mutual guarantee societies (RMS), the implementing authority may only fix such a contribution in favour of public guarantee funds that have among its objectives the strengthening of the obligations incurred by the Reciprocal Guarantee Societies (SGR) and which are authorised by the implementing authority to receive such contributions;

(c) Subscribe to agreements with Private Guarantee Funds in order to ensure that they are achieved by the system of supervision and control of the Reciprocal Guarantee Societies (SGR) system;

(d) Increase, up to a maximum of four (4) years, the minimum stay required for the deduction provided for in Article 79 of this Law. This shall apply to contributions and reimpositions effected from the date of entry into force of this measure;

(e) Raise the degree of use of the minimum average risk fund required during the period of stay to bring the deduction provided for in Article 79, up to a percentage of four hundred per cent (400%).

National, regional and/or provincial public guarantee funds may constitute specific affectation funds under the terms of Article 46 of this Regulation, as laid down in their rules.

CHAPTER IV

Companies

Article 18.-Substitute Article 8 of the General Law of Societies 19.550 (t.o. 1984) and its amendments, as follows:

Article 8 °: National Register of Companies for Shares. The organisation and operation of the National Register of Societies by Actions shall be the responsibility of the Ministry of Justice and Human Rights or of the body that indicates the effect, for which the developed computer systems shall be used. and provided by the Ministry of Modernization or, where appropriate, by whom the national executive branch determines.

Art. 19.-Substitute Article 34 of the General Law of Societies 19.550 (t.o. 1984) and its amendments, as follows:

Article 34: Prohibition. The societarian performance of the apparent partner is prohibited or the name and the hidden partner's name.

Article 20.-Substitute Article 35 of the General Law of Societies 19.550 (t.o. 1984) and its amendments, as follows:

Article 35: Responsibilities. The infringement of the provisions of the previous article, will make the partner apparent or lend to the hidden partner, responsible in a subsidiary form, solidarity and unlimited in accordance with the provisions of article 125 of this law.

Article 21.-Substitute Article 61 of the General Law of Societies 19.550 (t.o. 1984) and its amendments, as follows:

Article 61: Compliance with the formalities imposed by Articles 73, 162, 213, 238 and 290 of this Law, as well as those imposed by Articles 320 and subsequent of the Civil and Commercial Code of the Nation, may be waived. to carry the corporate and accounting books by Digital Records by means of digital means in the same way as the digital records of the Companies by Simplified Actions instituted by law 27.349.

The daily book may be carried with global seats which do not include periods of more than one (1) month.

The accounting system must permit the individualization of transactions, the corresponding debtor and creditor accounts and their subsequent verification, in accordance with Article 321 of the Civil and Commercial Code of the Nation.

The National Securities Commission will dictate the regulations to be applied to the companies subject to their comptroller.

For the case that the individualization is available, through digital means, accounting and corresponding social acts, the public records must implement a system to the effect of checking the compliance of the registration, under the conditions laid down in regulation.

Article 22.-Article 4 (2) (d), (e) and (f) of Law 22,315.

Article 23.-Substitute Article 1 of Law 26,047, by the following:

Article 1 °: The National Register of Societies for Actions, the National Register of Foreign Societies, the National Register of Civil Associations and Foundations and the National Register of Non-Actionary Societies shall be governed by the provisions of this law.

Article 24.-Substitute Article 2 of Law 26,047, by the following:

Article 2: The organization and operation of the national registers indicated in the previous article, as well as the one provided for by Article 295 of the Law of Concourses and Bankruptcy 24,522 and its modifications, will be carried out by the Ministry of Education. of Justice and Human Rights or of the body that this indicates to the effect, by means of computer systems developed and provided by the Ministry of Modernization or, where appropriate, by whom the national executive branch determines.

Article 25.-Substitute Article 3 of Law 26,047, by the following:

Article 3 °: National registers shall be of public consultation by computer means, without the need to credit interest, by means of the payment of a tariff whose amount and conditions of perception shall be determined by the Ministry of Justice and Rights Human rights, which may conclude special conventions to this effect.

The funds thus collected shall be entered into the National Treasury Account to be applied, as necessary, to cover the maintenance costs of the national registers and the competent bodies in the field, to which respective jurisdictions shall be transferred to the funds concerned for that purpose, as laid down in the rules.

The national, provincial, municipal government and the Autonomous City of Buenos Aires will be exempt from this tariff.

The bodies referred to in Article 4 (4) shall be the only bodies authorised to issue certificates relating to data of the entities registered therein.

Article 26.-Substitute Article 4 ° of Law 26,047, by the following:

Article 4 °: The administrative and judicial authorities of the various jurisdictions which, under local law, are assigned the functions of the public register for the registration of the constitution and modification of companies The Ministry of Justice and Human Rights, or the Ministry of Justice and Human Rights, will send the Ministry of Justice and Human Rights to the Ministry of Justice and Human Rights. to the body which is indicating the effect, the data corresponding to entities which they shall amend or authorize from the date specified by the regulation or, where appropriate, the cooperation agreements provided for in the second paragraph of Article 5 of this law.

For this purpose, the computer systems referred to in Articles 2 and 5 must be used, as well as for compliance with the requirements of Articles 6, 7 and 8, by referring to the data and the registrations carried out, duly digitised in the time limits and the forms to be determined by the rules or, where appropriate, the cooperation agreements referred to in the second paragraph of Article 5 of this law.

For the purposes of this law, amendments shall be included among the amendments which indicate changes in the integration of the administrative, representation and audit bodies of legal persons; transfers of social interests subject to registration in the public register; the act of filing of accounting statements; the procedures for the reorganisation, dissolution and liquidation of companies and entities and the sworn statements of final beneficiaries.

Article 27.-Substitute Article 5 ° of Law 26,047, by the following:

Article 5 °: For the purposes of compliance with the provisions contained in the present, the provinces shall carry out the corresponding accessions and shall sign the agreements with the Ministry of Justice and Human Rights in the field of their powers, including, among other matters, the right of jurisdictions to have reciprocal access to national registers.

In order to comply with the data referred to in the previous article, the Ministry of Modernization or, if applicable, who the national executive branch determines, will make available to the different jurisdictions, the systems or platforms The necessary information must be given to the effect of the present. Likewise, the Ministry of Justice and Human Rights-in itself or interacting with other national agencies-will assist the various jurisdictions with the scope to be agreed in the cooperation agreements to be concluded with the Ministry of Justice and Human Rights. objective.

Article 28.-Substitute Article 7 of Law 26,047, by the following:

Article 7 °: In the case of the amendments referred to in Article 4 of this Law, the competent authorities of the respective provincial jurisdictions shall require the entities to update the data determined in accordance with Article 4 of this Law. the article referred to.

Article 29.-Substitute Article 8 ° of Law 26,047, by the following:

Article 8 °: The provinces and the Autonomous City of Buenos Aires shall organize and implement the necessary measures for the incorporation into the national registers of the data of the pre-existing societies and entities.

For the purposes of the entry of the information in the national registers, it shall be started by the societies and entities of lesser seniority, being computed from the date of registration or authorization originating in the entities, respectively.

The first stage shall cover societies and entities of a maximum age of five (5) years and must be completed within the maximum period laid down in the cooperation agreements provided for in Article 5 of this Law. If this stage is completed, the information of companies and entities whose seniority includes the preceding five (5) years shall also be entered in a period which may not exceed two (2) years from the conclusion of the previous stage.

Article 30.-Substitute Article 9 ° of Law 26,047, by the following:

Article 9 °: The different jurisdictions shall forward to the national registers referred to in Article 1 the totality of the data included in the respective public or private instruments, including modifications or corrections subsequent, in respect of which the registration, administrative conformity or corresponding authorisation has been provided.

Article 31-Substitute Article 10 of Law 26,047, by the following:

Article 10: The Ministry of Justice and Human Rights shall be the enforcement authority of this law.

It may lay down the relevant rules and ask the judicial and administrative authorities of the various jurisdictions for all information it deems necessary for the compliance of the courts, as long as they do not infringe the principle of Article 121 of the National Constitution.

In addition to the entities whose registration, authorization or modification after the validity of this law corresponds to their competence, they must adapt and maintain their own database in digital format. It shall also dictate, subject to the substantive legislation, the relevant rules in order to determine the data to be included in the national registers referred to in Article 1 of this Law, as well as those relating to the procedures The invention relates to a method for operating the same.

Article 32.-Substitute Article 11 of Law 26,047, by the following:

Article 11: Create an advisory technical committee consisting of one (1) representative appointed by the Ministry of Justice and Human Rights and two (2) representatives of two (2) jurisdictions, who will be appointed by the Council. Federal Investment Bank.

The Committee shall be responsible for drawing up proposals and technical suggestions for a permanent improvement in the operation of the national registers referred to in Article 1 of this Law.

Art. 33.-Derogase Article 13 of Law 26,047.

Article 34.-Substitute Article 36 (4) of Law 27.349, as follows:

4. The designation of its object, which can be broad and plural. The activities that constitute it may or may not be related or not.

Article 35.-Substitute Article 38 of Law 27.349, as follows:

Article 38: Registration registration. The relevant documentation shall be submitted to the public register, who shall be registered in advance of the formal requirements and of the rules of application. The registration shall be completed within 24 hours of the working day following the working day following the presentation of the relevant documentation, provided that the applicant uses the approved type of instrument model by the public register.

Public records should dictate and implement regulatory standards for such purposes, with the use of digital means with digital signatures, and a procedure for electronic notification and resolution of comments to be established. perform the submitted documentation. The same criterion shall apply with respect to the reforms of the instrument.

Article 36-Substitute Article 39 of Law 27.349, as follows:

Article 39: Limitations. In order to constitute and maintain its character as SAS, the company:

1. It shall not be included in any of the cases referred to in Article 299 (3), (4) and (5) of the General Law of Societies 19.550 (t.o. 1984) and its amendments.

2. It shall not be controlled by or participate in more than thirty percent (30%) of the capital of companies included in the assumptions referred to in paragraph 1 above.

In the event that the SAS is in any of the cases referred to in the preceding 1 or 2, it must be converted into one of the regular rates provided for in the General Law of Companies 19.550 (1984) and its amendments and to register the transformation in the relevant public register, within a period not longer than six (6) months of the set-up of the case. If the configuration of the case does not result from a fact or act of the SAS itself, the time limit shall be computed from the fact that it took cognizance of the SAS. The conversion shall not be compulsory if, before that period, the SAS ceases to be in any of those cases. By the end of the period indicated without the registration of the transformation in the corresponding public register, the partners will respond to third parties in solidarity, unlimited and subsidiary.

CHAPTER V

Social Capital Trust Fund

Art. 37.-ratifies, in all the terms and conditions, the "Ordered Text of the Contract of Trust of the National State and FONCAP Sociedad Anonima (Decree 675/97)", which works as Annex II to resolution 35 dated April 21, 2015 of the then Secretariat of Economic Policy and Development Planning of the former Ministry of Economy and Public Finance, in all those issues that are not subject to express modification in the present measure.

Art. 38.-Substitute Article 1 (m) of Annex II to the "Order of the National State and FONCAP Sociedad Anonima (Decree 675/97)" of Resolution 35/15 of the then Secretariat of Politics Economic and Development Planning, ratified in the previous article, which will be worded as follows:

(m) Annual income: This is the income that the trustee perceives, in terms of: 'operating income' (those income that comes from interest earned on the loans granted), 'extraordinary income' (those income that come from the General Treasury of the Nation, dependent on the Budget Secretariat of the Finance Ministry of the Ministry of Finance, and organizations such as the United Nations Development Program, the Bank Inter-American Development and any public or private enterprise, and/or society in which the State national, provinces, Autonomous City of Buenos Aires or municipalities have participation), 'other income' (those assigned revenue for training courses, manuals, and derivatives of loan contracts), ' financial results and by holding ' (those income arising from differences in contributions, income from public securities, fixed time-limits, transitional investments, etc.).

Art. 39.-The Secretariat of Financial Services of the Ministry of Finance shall be empowered to approve a new text of the Trust Agreement referred to in the preceding Articles and to conclude all legal acts necessary to this end.

CHAPTER VI

Industry

Article 40.-Repeal Article 3 of Law 21,932.

Art. 41.-Law 19,971 of the creation of the Industrial Registry of the Nation and its amending and complementary rules.

CHAPTER VII

Works of art

Article 42.-Substitute Article 1 of Law 24,633, by the following:

Article 1 °: The provisions of this law shall apply to the importation and/or export of the following works of art by Argentine or foreign artists, made by hand with or without the aid of instruments of realization or application, including Aerographs:

1. Paintings made on fabrics, canvases, cardboard, paper or any other type of supports with oil, acrylic, cake, pencil, blood, coal, ink, watercolor, tempera, by any technical procedure, without limitation as to artistic creation.

2. Collage and assemblage. Materic frames with paint or no application; frames that introduce objects into their structure providing an embossed effect; combination of painting and assembly of materials; works that are exclusively to paste and assemble several objects on boxes and/or plates or sheets.

3. Sculptures: pieces of bulge or embossed in stone, metals, wood, plaster, terracotta, clay, fibre-cement, plastic materials or other materials.

4. Original prints, prints and lithographs. Impressions in water, dry, burile, xylography, lithographs and other irons, recorded by any of the procedures used in that art; the evidence obtained directly in black or in colour in one or more plates with exclusion of any mechanical or photomechanical procedures, handcrafted screen printing.

5. Ceramics: the works that are performed by the action of the fire on any kind of material, whether they are unitary creations or in series, provided that the latter constitutes a line of reproduction made by hand by the artist.

6. Textile art comprising woven and non-woven techniques (hand-made paper and felt), excluding any mechanical or industrial processes made in series and which do not constitute a line of reproduction made by hand by the artist or which constitute a craft.

In all cases, the implementing authority shall define the framing of a good as a work of art included in the categories previously mentioned.

Article 43.-Substitute Article 5 of Law 24,633, by the following:

Article 5 °: In any case, the import duties to be established for the tariff positions detailed below will be able to exceed the levels of the external and common tariff in force in Mercosur for the extra-zone trade. The positions are as follows: 9701, 9701.10.00, 9701.90.00, 9702.00.00 and 9703.00.00.

Article 44.-Substitute Article 6 of Law 24,633, by the following:

Article 6 °: The benefits indicated in articles 3 and 4 shall be extended to all holders or holders of good faith of works of Argentine or foreign artists living or deceased during the term of fifty (50) years from the date of death of the author.

Article 45.-Substitute Article 8 ° of Law 24,633, by the following:

Article 8 °: The importation or temporary export of works of art by living or deceased artists, Argentines or foreigners, shall not be subject to the guarantee scheme established by Title III of Law 22,415 for customs purposes suspensive.

Article 46.-Substitute Article 9 ° of Law 24,633, by the following:

Article 9 °: Both exports and imports destined to be exhibited in galleries, museums, public bodies, private entities, etc., may receive the sponsorship and/or support of the implementing authority.

Article 47.-Substitute Article 10 of Law 24,633, by the following:

Article 10: Any export effected under the terms of Article 13 of this Law and any importation of works of art by deceased artists, whether Argentine or foreign, carried out under the customs procedure of suspension. Finally, as this law allows, it should be informed to the implementing authority within the time limit and form that the regulations indicate.

Article 48.-Substitute Article 11 of Law 24,633, by the following:

Article 11: The declaration of departure and the entry of works of art provided for in Article 13 (1) of this Law shall be carried out in simplified form and may be carried out in the form of accompanied baggage, unaccompanied baggage and entrusts.

The regulations of this law shall establish the quantity of works of art that may be exported under the baggage regime accompanied by travel and per person.

Article 49.-Substitute Article 12 of Law 24,633, by the following:

Article 12: The Ministry of Culture, assisted by an honorary advisory board, shall act as the implementing authority of this law, which shall be entrusted with assisting and advising the implementing authority on its request.

It shall be composed of a representative of:

a) The Cultural Affairs Directorate of the Foreign Ministry;

b) The General Archive of the Nation;

c) The National Academy of Fine Arts;

d) The National Museum of Fine Arts;

(e) The National Fund for the Arts;

(f) The Directorate-General of Customs.

The implementing authority may invite representatives of other public or private bodies or entities to participate in the advisory council.

Article 50.-Substitute Article 13 of Law 24,633, by the following:

Article 13: The export of works of art shall be carried out in accordance with the procedure laid down in this law, taking into account the following:

1. For works of art by Argentine or foreign artists living or deceased up to fifty (50) years, from the date of death of the author, it will be required as a single requirement an export notice, which must be made to the authority The customs authorities may be required to do so on the occasion of the departure of the country from the work of art without further processing.

2. For works of art by unknown, anonymous, or Argentine or foreign artists who died more than fifty (50) years ago from the date of filing of the export application, the export license must be required before the application authority, which may be refused only in case of the exercise of the option of purchase by the national or third Argentine residents, as established by the rules of this law.

The export notice and the export licence shall be valid for one year from the date of issue of the export licence and the export licence may be issued for a further export notice or require the issuing of a new export licence in the case of the export licence. maturity.

Article 51-Substitute Article 14 of Law 24,633, by the following:

Article 14: The valorization of the work shall in all cases be the valuation of the work that the applicant has carried out and communicated as an affidavit.

CHAPTER VIII

Promotion of work

Article 52-Substitute the second paragraph of Article 8 ° of Law 26,940, by the following:

In cases where the employer accredits the fact that the legal or legal impossibility of complying with the regularisation of the conduct that generated the sanction, the offender will remain in the register for the period of thirty (30) days cumulated from the date of payment of the fine.

Art. 53.-Incorporate as Article 8a of Law 26,940, the following text:

Article 8 (a): The bodies responsible for the entry into the REPSAL of the penalties listed in Article 2 shall have a maximum period of thirty (30) days in which the penalty is fixed for the purposes of the registration. After this deadline, the deadline for remaining in the REPSAL will automatically begin to run-whatever the case may be in the case of the present-, and regardless of whether or not the final sanction would have been included in the registration. the responsible authorities.

Article 54-Substitute Article 9 ° of Law 26,940, by the following:

Article 9 °: In all cases where the employer regulates his or her registration or the working relationship-in the case of a corresponding one-and pays the fines and his/her accessories, he/she will be included in the Public Registry of Employers with Labor Sanctions (REPSAL) until the date on which the fine and/or regularisation has been paid, and thirty (30) days more to be counted since the last obligation of the aforementioned to be completed, in the cases that would have been sanctioned by:

1. Violation of the provisions of paragraphs (a) or (b) of Article 15 (1) of Law 17.250.

2. Lack of registration as an employer or by occupation of workers through a relationship or contract of work not registered or poorly registered, respectively, and non-compliance with the obligations contained in the aggregate article without Article 40 of Law 11.683 (t.o. 1998) and its amendments.

3. Violation of the provisions of Article 15 of Law 25.191 and its modification.

4. Obstruction of the work of the inspection of the work provided for in Article 8 of Annex II of the Federal Labour Pact, imposed by the Ministry of Labour, Employment and Social Security.

5. Failure to comply with the provisions of Article 7 of Law 24,013 and the sanctions would have been imposed by the provincial authorities and the Autonomous City of Buenos Aires.

Art. 55.-Rule 10 of Law 26,940.

CHAPTER IX

Legal Metric System

Art. 56.-Substitute Article 1 of Law 19.511, by the following:

Article 1 °: The Argentine Metric System (SIMELA) shall consist of the units, multiples and submultiples, prefixes and symbols of the International System of Units of Measure (S I) approved by the Metro Convention of May 20, 1875, and by the units, multiples, submultiples and symbols other than the International System of Units of Measure, as described in the Annex incorporated in this law.

Article 57-Substitute Article 7 of Law 19.511, by the following:

Article 7 °: Faculfición a la Secretaría de Comercio del Ministerio de Producción para dictating la regularía de specifications y tolerances para instrumentos de metición.

Art. 58.-Substitute Article 12 of Law 19.511, by the following:

Article 12: The Secretariat of Commerce shall determine the frequency of the contrast of measuring instruments for the entire country.

Art. 59.-Substitute Article 18 of Law 19.511, by the following:

Article 18: Manufacturers, importers, sellers, repairers, installers and users of measuring instruments are obliged to register as such in the Single Register of the Ministry of Production (RUMP), in the form and conditions which shall be fixed by the rules.

Article 60.-Substitute Article 33 of Law 19.511, by the following:

Article 33: Failure to comply with the obligations that this law imposes will be repressed with a fine equivalent between one (1) and four thousand (4,000) minimum wages, vital and mobile established by the National Council for Employment, Productivity and Minimum wage, Vital and Mobile, or the index that could be replaced in the future.

Article 61-Substitute Article 38 of Law 19.511, as follows:

Article 38: In the entire national territory, violations of this law shall be sanctioned by the Secretariat of Commerce or by the officials designated by the Secretariat of Commerce, prior summary to the alleged offenders with a trial and defense hearing and with an appeal In the case of the Federal Chambers of Appeals, and in this Federal Capital before the National Chamber of the Economic Criminal Court. The appeal must be brought with concrete expression of grievances within the ten (10) working days of the administrative decision, before the same authority which imposed the sanction. In all cases, in order to bring the direct action against an administrative decision imposing a fine, the amount of the fine must be deposited with the order of the authority that ordered it, and the proof of the deposit with the In writing of the appeal, without whose condition it shall be dismissed, unless the deposit is liable to cause irreparable damage to the appellant. In such cases, the appellant must prove the damage in the proceedings of the proceedings, by offering the measures to be taken against him.

In the case of imposition of a fine, the offenders may comply with the penalty imposed by the payment of fifty per cent (50%) of the sum fixed within ten (10) working days of the administrative act, except against the (a) bring the direct appeal provided for in this Article.

The Secretariat of Commerce may delegate the power to sanction violations in local governments which have organized their service of legal metrology in accordance with the requirements of this law, each case setting the extent of the delegation. In such cases the local government will regulate the procedural rules.

Art. 62.-Rule 42 of Law 19.511.

CHAPTER X

Trade marks and patents

Article 63.-Substitute Article 10 of Law 22.362, by the following:

Article 10: Who wishes to obtain the registration of a mark, must submit an application including name, real address and electronic special according to the conditions laid down by the regulations, the description of the mark and the indication of the products and/or services to be distinguished.

Article 64.-Substitute Article 12 of Law 22.362, by the following:

Article 12: The application for registration, the implementing authority, if the legal formalities are fulfilled, will be published by one (1) day in the Trademark Bulletin at the expense of the petitioner.

Within thirty (30) days of the publication, the National Institute of Industrial Property will carry out the search for a record of the mark applied for and will give an opinion on the registrability.

Article 65-Substitute Article 14 of Law 22.362, by the following:

Article 14: Oppositions to the registration of a trademark must be electronically deducted before the National Institute of Industrial Property, with an indication of the name, real address and electronic address of the opponent and the grounds of the opposition.

Art. 66.-Substitute Article 16 of Law 22.362, by the following:

Article 16: Three (3) months counted from the notification of the oppositions provided for in Article 15, if the applicant has not obtained the removal of the objections, the National Trade Marks Directorate shall decide on (i) the administrative provisions of the

Article 67.-Substitute Article 17 of Law 22.362, by the following:

Article 17: The procedure for resolving the oppositions shall be determined by the implementing authority, which shall at least provide for the possibility of the opponent to extend the grounds, the right of the applicant to answer the opposition and the right of both to offer proof. The procedure must be in line with the principles of speed, simplicity and procedural economics.

The resolutions by opposition to the National Trademark Office will only be subject to direct appeal to the National Chamber of Appeals in Civil and Commercial Federal within the thirty (30) working days of its notification. The appeal must be lodged at the National Institute of Industrial Property, who will forward it to the court under the conditions laid down by the regulations.

Article 68.-Substitute Article 18 of Law 22.362, by the following:

Article 18: In trials of opposition to the registration of marks that are currently being processed before the court or have been concluded without the result of the same being reported, the National Institute of Industrial Property will be able to verify directly their state on the portal of the Judicial Branch of the Nation and resolve accordingly.

Art. 69.-Rule 19 of Law 22.362.

Art. 70.-Substitute Article 21 of Law 22.362, by the following:

Article 21: The decision rejecting the registration for reasons other than those of Article 17 may be challenged before the national courts in the civil and federal commercial courts. The action shall be carried out in accordance with the rules of the ordinary procedure and shall be brought within thirty (30) working days of the notice.

Article 71-Substitute Article 22 of Law 22.362, by the following:

Article 22: The files of trademarks in the process or registered are of public and unrestricted access.

Art. 72.-Substitute paragraph (c) of Article 23 of Law 22.362, by the following:

(c) the declaration of invalidity or revocation of the registration.

Art. 73.-Substitute Article 24 of Law 22.362, by the following:

Article 24: The registered trademarks are null and void:

(a) in contravention of the provisions of this law;

(b) By whom, when applying for registration, he knew or had to know that they belonged to a third party;

(c) For marketing, for whom the registration of marks for this purpose is carried out as usual activity.

The National Institute of Industrial Property, through the National Trade Marks Directorate, either on its own initiative or at the request of a party, shall, in administrative cases, decide on the number of marks referred to in point (a) of this Article.

The resolution that falls on the matter of the nullity of the mark will be appealable within thirty (30) working days from the notification, only by direct recourse to the National Chamber of Appeals in the Civil and Commercial Federal; the one that will be presented at the National Institute of Industrial Property.

Article 74-Substitute Article 26 of Law 22.362, by the following:

Article 26: The National Institute of Industrial Property, on its own initiative or at the request of a party, in accordance with the rules to be prescribed, shall declare the expiry of the mark, including in part, in relation to the goods or services for which it is not has been used in the country within five (5) years prior to the application for revocation, except in cases of force majeure.

The resolution that falls on the subject of trademark expiration shall be appable within thirty (30) working days of the notification, only by direct recourse to the National Chamber of Appeals in Civil and Commercial Federal, which must be presented at the National Institute of Industrial Property.

Does not lapse the trademark and not used in a class or for certain products or services, if the same mark was used in the marketing of a product or in the provision of a service to or similar to those, even included in other classes, or if she is part of the designation of an activity related to the former.

Also, once the fifth year of the registration of the mark has been completed, and before the expiration of the sixth year, the holder must submit an affidavit regarding the use that he would have made of the mark up to that point.

Article 75.-Substitute Article 46 of Law 22.362, by the following:

Article 46: The preservation and keeping of the administrative actions corresponding to the processing of marks must be carried out according to the provisions of Decree 1.131/16 or the one that in the future replaces or modifies it.

Art. 76.-Substitute Article 47 of Law 22.362, by the following:

Article 47: The National Institute of Industrial Property, in its capacity as the implementing authority, has the power to issue the supplementary rules of this law, in respect of the trademark registration procedure, This means that you remove requirements that become obsolete, speed up and simplify the registration process.

To this end, it may, inter alia, amend the procedure described in the second section of this law; limit the examination of applications to outright prohibitions or relate to public order, subject to the provisions relating to their application. Third-party approach; to establish the publication for third-party oppositions after the granting of the mark; to make the validity of the title subject to the decision of the National Institute of Industrial Property in case of oppositions may receive, as well as the expiry of the period of priority of the Paris Convention any unknown priorities at the time of the concession.

Art. 77.-Substitute Article 12 of Law 24.481 (t.o. 1996) and its amendments, by the following:

Article 12: In order to obtain a patent, it will be necessary to submit an application to the National Patent Administration of the National Institute of Industrial Property, with the characteristics and other data that indicate this law and its regulations.

Article 78-Substitute Article 14 of Law 24.481 (t.o. 1996) and its amendments, as follows:

Article 14: The right of priority stated in the previous article must be invoked at the time of filing the patent application. At the stage of the in-depth examination, the National Patent Administration may require the priority document with its corresponding translation into Spanish when they are written in another language.

Additionally, in order to recognize the right of priority, the following requirements must be met:

1. To present the document of assignment of the rights of priority, when it corresponds.

2. That the application lodged in the Argentine Republic has no greater scope than that which was claimed in the foreign application; if it has, the priority must be only partial and related to the foreign application.

3. There is reciprocity in the country of the first application.

Art. 79.-Substitute Article 19 of Law 24.481 (t.o. 1996) and its amendments, by the following:

Article 19: In order to obtain the patent, it must be presented:

(a) the name and description of the invention;

(b) the drawings or technical drawings required for the understanding of the description;

(c) one or more claims;

d) A summary of the description of the invention that will serve only for its publication and as an element of technical information.

After thirty (30) days running, from the date of filing of the application without completing the above mentioned requirements, the application will be refused without further processing.

Art. 80.-Substitute Article 23 of Law 24.481 (t.o. 1996) and its amendments, as follows:

Article 23: During processing, a patent application for invention may be converted into a utility model application and vice versa.

The applicant may carry out the conversion within thirty (30) days running from the date of filing of the application; or within thirty (30) days run from the date on which the National Patent Administration required.

If the applicant does not convert the application within the stipulated time limit, the application shall be abandoned.

Article 81-Substitute Article 24 of Law 24.481 (t.o. 1996) and its amendments, as follows:

Article 24: The National Patent Administration shall carry out a preliminary examination of the application and may require clarification or clarification of what it deems necessary or to be corrected for errors or omissions.

If the applicant does not comply with that requirement within thirty (30) days, the application shall be declared abandoned.

Article 82-Substitute the fourth paragraph of Article 27 of Law 24.481 (t.o. 1996) and its amendments, by the following:

Eighteen (18) months after the filing of the patent application without the petitioner paying the fee for the examination of the substance, the application shall be deemed to be withdrawn.

Article 83-Substitute Article 32 of Law 24.481 (t.o. 1996) and its amendments, as follows:

Article 32: The grant of the Invention Patent will be published on the website of the National Institute of Industrial Property, according to what is regulated by the implementing authority.

Article 84-Substitute Article 51 of Law 24.481 (t.o. 1996) and its amendments, as follows:

Article 51: Everyone who improves a patented invention shall be entitled to apply for an addition patent.

Art. 85.-Substitute Article 55 of Law 24.481 (t.o. 1996) and its amendments, by the following:

Article 55: Essential requirements for the issuing of such certificates shall be essential for the inventions referred to in this Title to be new and industrial in nature.

Article 86.-Substitute Article 57 of Law 24.481 (t.o. 1996) and its amendments, by the following:

Article 57: An application for a utility model and a prior payment of the basic examination fee shall be submitted by the National Patent Administration if the requirements of Articles 53 and 55 have been complied with. The examination shall be carried out in order to publish the application.

Within thirty (30) days of runs counted from the publication, any person may make informed observations to the request for a utility model and add documentary evidence. The comments shall consist of the lack or inadequacy of the legal requirements for granting them.

In the latter period, the National Patent Administration will proceed to resolve the application and issue the utility model certificate in case of a corresponding one.

After three (3) months from the submission of the utility model application without the applicant having paid the background examination fee, the application shall be deemed to be withdrawn.

Art. 87.-Substitute Article 67 of Law 24.481 (t.o. 1996) and its amendments, by the following:

Article 67: The processing of the application for patents of invention or utility models is subject to the effective payment of the tariff corresponding to the presentation. Otherwise, the National Patent Administration shall declare its nullity.

Art. 88.-Substitute Article 68 of Law 24.481 (t.o. 1996) and its amendments, by the following:

Article 68: The representation invoked in the applications for patents of invention and/or utility models shall be of a sworn declaration. If the National Patent Administration is deemed to be relevant, it may require the documentation certifying the invoked character.

In the case of invoking the character of the business manager, the management must be ratified within the period of forty (40) working days after its entry, under the warning of declaring the invalidity of the filing.

Art. 89.-Substitute Article 72 of Law 24.481 (t.o. 1996) and its amendments, by the following:

Article 72: The administrative appeal against the provision that denies a patent application or utility model shall be filed with the President of the National Institute of Industrial Property within the time limit. Thirty (30) business days counted from the date of notification of the respective provision. The resource shall be accompanied by documentation certifying its origin.

Art. 90.-Substitute Article 92 (d) of Law 24.481 (1996) and its amendments, as follows:

(d) To establish, modify and eliminate tariffs in relation to the procedures that are carried out before the same, including those that have the right to maintain the right of the holder, and to administer the funds that it collects for the purposes of its services.

Article 91-Substitute Article 92 (k) of Law 24481 and its amendments (t.o 1996), as follows:

k) Reglamenting the invention patent procedure and utility models, in everything that facilitates the same, adapt requirements that are obsolete by the implementation of new technologies and simplify the registration process in favor of the and society as a whole.

Art. 92.-Substitute Article 3 of Decree-Law 6,673 of 9 August 1963, ratified by Law 16.478, by the following:

Article 3: For the purposes of this decree, the forms incorporated and/or the appearance applied to an industrial or artisanal product which confers an ornamental character are considered to be a model or industrial design.

Art. 93.-Substitute Article 4 ° of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 4 °: To enjoy the rights recognized by the present decree, the author must register the model or design of his creation in the Directorate of Industrial Designs and Designs of the National Institute of Industrial Property, agency Decentralised action in the field of the Ministry of Production.

Art. 94.-Substitute Article 6 of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 6: They shall not enjoy the benefits conferred by this decree-law:

(a) any industrial designs or designs that have been published or exploited publicly, in the country or abroad, prior to the date of registration. However, no known models or designs are known within six (6) months preceding the date of the submission of the application or the priority when they meet the following conditions:

1. That such disclosure would have been the result directly or indirectly of acts performed by the author or his legitimate successors.

2. Disclosure coming from a third party for an act of bad faith or infestence; of a breach of contract or other unlawful act committed against the author or legitimate successor.

3. The publication of requests made wrongly or improperly by the Directorate of Industrial Designs and Designs.

(b) industrial designs or designs which lack a different configuration and their own and novel physiognomy with respect to previous industrial models or designs;

(c) industrial designs or models whose components are imposed by the technical function to be performed by the product;

(d) in the case of a mere change of colour in models or designs already known;

e) When it is contrary to morality, good customs and public order.

Article 95.-Substitute Article 8 ° of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 8 °: Application for registration of an industrial model or design, inclusion in the application of up to twenty (20) industrial designs or designs, requests for divisional records, postponement of publication, such as renewals shall pay the duties to be determined in the respective regulations, the values of which shall be set in proportion to the value fixed for the tariff which is perceived by the original register of a model or industrial design.

The National Institute of Industrial Property has the power to establish, modify and eliminate tariffs, including those aimed at maintaining the right of the holder.

Art. 96.-Substitute Article 9 ° of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 9 °: A single application for registration may include up to twenty (20) industrial designs or designs only when all of them are applied or incorporated into products belonging to the same class as the International Classification for the Industrial designs of the Locarno Arrangement.

If an application that includes more than one (1) model or industrial design does not comply with the conditions prescribed by the current regulations, the Directorate of Industrial Designs and Models of the National Institute of Industrial Property, may require the applicant who, at his or her choice, modifies the initial registration application to comply with such conditions or either split the initial registration application into two (2) or more divisional registration requests, distributing the models among the latter or industrial designs for which protection was requested in the initial registration application .

Divisional applications shall retain the date of submission of the initial application and the benefit of the right of priority if it is appropriate. Rights derived from models or designs included in a request or a multiple registration shall be independent of each other and, subject to the provisions of Article 15 of this decree, may be exercised, transferred, taxed, renewed or cancelled separately.

Art. 97.-Substitute Article 10 of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 10: The application for registration shall be submitted to the Directorate of Industrial Designs and Designs and shall contain:

(a) the application for registration;

(b) Drawings and/or photographs and/or digital reproductions of the model or design which sufficiently identify the object of the protection;

(c) Description of the industrial design or design if the applicant considers it necessary.

Art. 98.-Substitute Article 11 of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 11: The application for renewal of the registration shall be submitted within the period of the last six (6) months of its validity. The renewal may also be filed within six (6) months after that term, with the payment of the tariff to be established.

Art. 99.-Substitute Article 12 of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 12: The application for registration shall not be rejected but for non-compliance with the formal requirements laid down in Article 10 and consistent with this decree-law. The decision rejecting a request for registration shall be brought before the National Institute of Industrial Property.

Exhausted the administrative body, the resolution dictated by the National Institute of Industrial Property will be appealable in the face of federal civil and commercial justice.

100.-Substitute Article 13 of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 13: The Directorate of Industrial Designs and Designs will extend the corresponding title of ownership.

Art. 101.-Derogase article 14 of Decree-Law 6.673/63, ratified by law 16.478.

Art. 102.-Substitute Article 15 of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 15: The holder of a model or design register may give it in full or in part. The transferee or successor in particular or universal title shall not be able to invoke emerging rights of registration until such transfer is registered with the National Institute of Industrial Property.

Art. 103.-Substitute Article 16 of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 16: The records of industrial designs, their renewals, transfers and cancellations shall be published in the form and time to be determined by the regulations.

At the request of the applicant, on the occasion of the filing of the application for registration, the publication of the concession may be deferred for a maximum period of six (6) months, counted from the date of registration.

Art. 104.-Substitute Article 21 of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 21: They shall be subject to a minimum fine equivalent to the value of the fee or duty levied for fifty (50) records originating in industrial designs and designs, and a maximum of three hundred and thirty (330) of the same fee or tariff:

(a) those who manufacture or manufacture industrial products which have the characteristics protected by the registration of a model or design, or their copies;

(b) Those who, with knowledge of their illicit character, sell, put on sale, display, import, export or otherwise trade with the products referred to in (a);

(c) who, maliciously, detent such products or cover up their manufacturers;

d) Who, without having registered a model or design, will invoke it maliciously;

e) Those who sell as their own, design plans protected by an alien registry.

In the event of recidivism, the penalties laid down in this Article shall be doubled.

Art. 105.-Substitute Article 28 of Decree-Law 6.673/63, ratified by Law 16.478, by the following:

Article 28: When a model or industrial design registered in accordance with this decree has also been able to be the subject of a deposit under Law 11,723 and its modifications, the author may not invoke them simultaneously in the defense judicial of their rights.

Where an invention patent or utility model for protecting a model or industrial design is made in error, the application by the National Institute of Industrial Property may be objected to, the data subject may request conversion into the model or design record request.

Art. 106.-The National Institute of Industrial Property, in its capacity as the implementing authority, has sufficient powers to issue clarifying and supplementary rules to Decree-Law 6.673/63, ratified by Law 16,478, and those that modify or replace, with respect to the procedure for registration of Industrial Designs and Designs, in all that it facilitates the same, eliminate requirements that become obsolete and accelerate the registration process in favor of the administered.

CHAPTER XI

Energy

Article 107-Substitute Article 97 of Law 17.319, as follows:

Article 97: The application of this law is the responsibility of the Ministry of Energy and Mining or the bodies within its scope to be determined.

Art. 108.-Substitute the first paragraph of Article 98 of Law 17.319, by the following:

It is the power of the national executive branch to decide on the following matters in the field of its competence.

Art. 109.-Incorporate as the final paragraph of Article 98 of Law 17.319, the following text:

The national executive branch may delegate to the implementing authority the exercise of the powers listed in this article, with the scope indicated in the respective delegation.

Art. 110.-Substitute the second paragraph of Article 66 of Law 24,076, by the following:

Decisions of a judicial nature of the entity shall be appealed to the National Appeals Chamber in the Federal Administrative Board of the Federal Capital or, at the request of the interested party, to the Federal Appeals Chamber of the place where the service will be provided on which I will deal with the controversy.

CHAPTER XII

SENASA

Art. 111.-Laws 2.268, 2.793, 3.708, 4.863 and 25.369, decree-laws 15.245 dated August 22, 1956, 2,872 dated March 13, 1958, and 7,845 dated October 8, 1964, decrees 89,048 dated August 26, 1936, 80,297 dated December 21, 1940, 5,153 dated March 5, 1945, 12.405 dated June 11, 1956, 5,514 dated June 29, 1961, 647 dated February 15, 1968, and 2,628 dated May 15, 1968.

Art. 112.-Semestrally, the national executive branch, through the National Service of Health and Agro-Food Quality, shall report to the Honorable Congress of the Nation through the Committee on Agriculture, Livestock and Fisheries of the Honorable Senate of the Argentine Nation and the Committee on Agriculture and Livestock of the Honorable Chamber of Deputies of the Argentine Nation. The report shall contain at least the following points:

(a) the regulation of the importation of animals suffering from contagious diseases or hereditary defects;

(b) the registration of food manufacturers for animals;

(c) the official action in the preventive fight against foot-and-mouth disease;

(d) the requirements for the hygiene and disinfection of any vehicle used for the transport of livestock;

(e) the listing of pests declared by the State and prohibited products in the field of health and agri-food quality;

(f) All that the National Service for Health and Agro-Food Quality considers relevant in this field.

CHAPTER XIII

Insurance

Article 113.-Substitute the first paragraph of Article 11 of Law 17.418, by the following:

The insurance contract can only be tested in writing; however, all other means of proof, including any digital media, will be admitted, if there is a written test principle.

Article 114.-Law 13.003 shall be deleted with effect from the day following the entry into force of the regulation which, to this effect, will dictate the Superintendence of Insurance of the Nation, a decentralized agency acting within the scope of the Secretariat Financial Services of the Ministry of Finance; and, as a result, the Superintendency of Insurance of the Nation, to issue a regulation on the hiring of insurance for cases of death by the employees of the sector national public; which shall include at least the following aspects:

(a) the mandatory contractual conditions;

(b) the mode of coverage;

(c) the sum insured; and

(d) The rate of the insurance premium.

Once established, these aspects will be informed to the Ministry of Modernization, which will call for public tender to award the insurance contract to the insurance companies offered as appropriate.

The death insurance for national public sector personnel will be optional in all cases.

The ministries, secretariats and other public repartitions, must monthly retain the amount of the premium of the insured, which will be entered monthly to the entity/s.

CHAPTER XIV

Access to Credit-Financial Inclusion

Art. 115.-Substitute Article 6 (k) (k) of Law 25.065, by the following:

(k) Signature of the holder and the staff of the issuing company. If the instrument is generated by electronic means, the requirement of the signature shall be satisfied if any method is used which ensures the exteriorization of the will of the parts and the integrity of the instrument.

Article 116-Substitute Article 1 (8) of Decree-Law No 5,965 of 19 July 1963, as follows:

8. The signature of the one that creates the letter (bookseller). If the instrument is generated by electronic means, the requirement of the signature shall be satisfied if any method is used which ensures the exteriorization of the will of the bookseller and the integrity of the instrument.

Article 117.-Substitute the first paragraph of Article 14 of Decree-Law 5.965/63, by the following:

The endorsement must be written in the same letter or in a sheet of paper duly joined to the letter (prolongation) and must be signed by the endorser. If the instrument is generated by electronic means, the requirement of the signature shall be satisfied if any method is used which ensures the exteriorization of the will of the endoscopy and the integrity of the instrument.

Art. 118.-Substitute the first paragraph of Article 27 of Decree-Law 5.965/63, by the following:

Acceptance must be made in the letter of change and expressed with the word 'accepted', 'view' or other equivalent; it must be signed by the rotated. If the instrument is generated by electronic means, the requirement of the signature shall be satisfied if any method is used which ensures the exteriorization of the will of the rotated and the integrity of the instrument.

Article 119-Substitute the second paragraph of Article 33 of Decree-Law 5.965/63, by the following:

The endorsement can be expressed by means of the words 'by endorsement' or of any other equivalent expression, and must be signed by the guarantor. If the instrument is generated by electronic means, the requirement of the signature will be satisfied if any method is used that ensures the exteriorization of the will of the guarantor and the integrity of the instrument.

Art. 120.-Substitute Article 76 of Decree-Law 5.965/63, by the following:

Article 76: The acceptance by intervention must be stated in the letter of change and signed by the intervener. It must indicate who has been accepted; in the absence of such an indication it will be considered by the bookseller. If the instrument is generated by electronic means, the requirement of the signature shall be satisfied if any method is used which ensures the exteriorization of the will of the intervener and the integrity of the instrument.

Article 121.-Substitute paragraph (g) of Article 101 of Decree-Law 5.965/63, by the following:

g) The signature of which you created the title (subscriptor). If the instrument is generated by electronic means, and the creditor is a financial institution within the scope of Law 21,526 and its amendments, and/or when it is traded on markets under the jurisdiction of the National Securities and Exchange Commission, the the signature will be satisfied if any method is used that ensures the exteriorization of the will of the subscriber and the integrity of the instrument.

Article 122.-Substitute Article 2 (6) of Annex I to Law 24,452 and its amendments, by the following:

6. Signature of the bookseller. If the instrument is generated by electronic means, the requirement of the signature shall be satisfied if any method is used which ensures the exteriorization of the will of the bookseller and the integrity of the instrument. The Central Bank of the Republic of Argentina shall authorize the use of electronic means of reproduction of signatures or their substitutes for the clearing of cheques, in so far as their implementation ensures the reliability of the emission operation and authentication as a whole, in accordance with the rules laid down by the same body.

Article 123-Substitute the first paragraph of Article 14 of Annex I to Law 24,452 and its amendments, by the following:

Article 14: The endorsement must be written to the back of the cheque or to a leaf attached to it. It must be signed by the endorser and must contain the specifications established by the Central Bank of the Argentine Republic. If the instrument is generated by electronic means, the requirement of the signature shall be satisfied if any method is used that ensures the exteriorization of the will of each endoscopy and the integrity of the instrument. The endorsement may also accept signatures under the conditions laid down in Article 2 (6).

Article 124.-Substitute the first paragraph of Article 52 of Annex I to Law 24,452 and its amendments, by the following:

The endorsement can be entered in the same check or in an addition or in a separate document. It can be expressed through the words 'by endorsement' or by any other equivalent expression, and must be signed by the guarantor. It must contain name, address, tax or work identification, identity, as regulated by the Central Bank of the Republic of Argentina. If the instrument is generated by electronic means, the requirement of the signature will be satisfied if any method is used that ensures the exteriorization of the will of the guarantor and the integrity of the instrument.

Article 125.-Substitute Article 54 (9) of Annex I to Law 24,452 and its amendments, by the following:

9. Signature of the bookseller. If the instrument is generated by electronic means, the requirement of the signature shall be satisfied if any method is used which ensures the exteriorization of the will of the bookseller and the integrity of the instrument. The Central Bank of the Republic of Argentina shall authorize the use of electronic signatures of signatures or their substitutes for the clearing of cheques, in so far as their implementation ensures reliability of the operation of the emission and authentication as a whole, in accordance with the rules laid down by the same body.

Article 126-Substitute Article 61 of Annex I to Law 24,452 and its amendments, as follows:

Article 61: The judicial actions of the bearer against the bookseller, endosants and avalists are prescribed for the year counted from the expiration of the deadline for the filing. In the case of deferred payment checks, the deadline will be counted from the date of the rejection by the rotated, either to the registration or to the payment.

The legal proceedings of the various persons obliged to pay a cheque, to each other, are prescribed for the year from the day on which the obligor had reimbursed the amount of the cheque or from the day on which he had been notified of the court proceedings. for the collection of the cheque.

The interruption of the prescription only takes effect against that in respect of who was performed the interruption act.

The Central Bank of the Argentine Republic shall regulate the issuance of a certification that will allow the exercise of civil actions in the case of checks generated and/or transmitted by electronic means.

Article 127.-Substitute Article 66 (3) of Annex I to Law 24,452 and its amendments, as follows:

3. Reglaments the formulas of the cheque and decides on everything that is conducive to the delivery of an efficient service of cheque, including the documentary or electronic form and solution of merely formal problems of the checks.

(Article replaced by Article 33 of Decree 95/2018 B.O. 02/02/2018. Validity: from the day of publication in the Official Gazette)

Article 128-Substitute Article 5 (a) of Decree 146 of 6 March 2017, by the following:

a) Loans with a mortgage guarantee, in accordance with the provisions of Articles 2205 and subsequent of the Civil and Commercial Code of the Nation and financings for the balance of the price of tickets for the sale of land, lots or parcels or other property that complies with the requirements set out in Article 1170 of the Civil and Commercial Code of the Nation. The reference stabilisation coefficient (CER) provided for in Article 4 of Decree 214 of 3 February 2002 may be applied to the instruments listed in this paragraph.

Art. 129.-Substitute Article 1 of Law 18.924, by the following:

Article 1 °: Persons who are permanently or habitually engaged in trade in the purchase and sale of foreign currency and banknotes, gold-plated gold or a good-delivery bar and traveller's cheques, money orders, transfers or similar transactions in Foreign currency shall be subject to the requirements and regulations established by the Central Bank of the Argentine Republic.

The Central Bank of the Republic of Argentina shall be the authority of application of this law and shall correspond to the regulatory powers in this matter.

Art. 130.-Deroganse Articles 2 °, 3 °, 4 °, 6 ° and 7 ° of the law 18,924.

Article 131-Substitute Article 5 of Law 18.924, by the following:

Article 5 °: The Central Bank of the Republic of Argentina shall instruct the prevention summaries and shall adopt the precautionary measures corresponding to the powers granted to it by the existing rules.

It may also require the legal authorities to seize, inhibit or raise assets of a patrimonial nature.

Where infringements of the rules of this law and their administrative regulations are found, the penalties provided for in Article 41 of Law 21,526 shall apply.

Article 132-Substitute Article 1 of Decree 260 of 8 February 2002, by the following:

Article 1 °: A free market of changes for which the exchange transactions that are carried out by the financial institutions and the other persons authorized by the Central Bank of the Argentine Republic to dedicate themselves of a permanent or habitual way to trade in the purchase and sale of foreign currency and banknotes, gold booked or in good delivery bar and traveler's cheques, money orders, transfers or similar transactions in foreign currency.

Article 133-Substitute Article 7 ° of Decree 1,570 of 1 December 2001, by the following:

Article 7 °: Prohibit the export of foreign banknotes and coins and precious metals, except that it is carried out through entities subject to the Superintendence of Financial and Exchange Entities and in accordance with the provisions regulations that the Central Bank of the Argentine Republic will dictate, or less than US dollars ten thousand (USD 10,000) or its equivalent in other currencies, at the foreign exchange rate of the Bank of the Argentine Nation.

Art. 134.-Deroganse chapters I, II, III, VII, VIII, IX, X, XII, XIII, XIV, XVIII, XIX, XXI, and XXII of the decree of necessity and urgency 27/18 of 10 January of the current.

Art. 135.-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE THIRTY DAYS OF THE MONTH OF MAY OF THE YEAR TWO THOUSAND EIGHTEEN.


MARTA G. MICHELETTI-EMILIO MONZO-Eugenio Inchausti-Juan P. Tunessi