Declared Of Public Interest.

Original Language Title: Declárase de Interés Público.

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/11494752/20160703

PROTECTION of the social shares of en protection of social investments of the State national law 27181 declared of public interest. Sanctioned: September 23, 2015 promulgated: 5 October 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: title I provisions General Chapter I subject article 1 - object. Declared of public interest protection of the participation certificates of the national State that make up the investment portfolio of the Fund of guarantee of sustainability of system integrated Previsional Argentino (FGS), created by Decree 897 of July 12, 2007 and the equity or capital of companies where the State is minority partner or where the Ministry of economy and public finance owns stock holdings or capital being forbidden its transfer and/or any act or action which limit, alter, delete or modify your destination, domain ownership or nature, or fruit or the fate of the latter, without prior authorization of the Honourable National Congress.
Article 2 - purpose. The provisions of this Act are intended to ensure and preserve the sustainability of the Fund of guarantee of sustainability of system integrated Previsional Argentino (FGS), and promote the role of the State in the coordination of the management of Directors representing shareholder national State or FGS so the realization of corporate interest is carried out sheltering the public interest engaged in such corporate holdings which owns the State in listed enterprises in Article 1.
Title II authorities https://www.boletinoficial.gob.ar/pdf/linkQR/T2RRd2xQaFpHQjFycmZ0RFhoUThyQT09 chapter I national agency of State holdings in companies (ANPEE) article 3 - enforcement authority. Created the National Agency for State shareholdings in companies (ANPEE), as a decentralized body within the scope of the national executive power, with financial economic autarky, own legal capacity and capacity to act in the field of public and private law.
Article 4 - functions. The National Agency for State shareholdings in companies (ANPEE) will be responsible for understanding in the implementation of policies and actions that make the exercise of the rights of the corporate capital of the undertakings included in the article 1 of this law or the shareholdings, and instruct the respective representatives of Fund of guarantee of sustainability of the system integrated Previsional Argentino (FGS) and/or the national State or proposed by them in such societies or companies. In addition, the National Agency for State shareholdings in companies (ANPEE) will be responsible for exercising political rights attaching to the shares that make up the investment portfolio of the Fund of guarantee of sustainability of system integrated Previsional Argentino (FGS), created by Decree 897/07, and instruct the representatives of the national State in such societies or companies. The Fund of guarantee of sustainability of system integrated Previsional Argentino (FGS) will continue receiving dividends that generate their stock holdings and exercising other patrimonial and economic rights arising from such actions.
Article 5 - continuation. The National Agency for State shareholdings in companies (ANPEE) created by this law will be charged, for all purposes and in accordance with fixed in this Act, the National Directorate of enterprises with State participation of the Secretariat of economic policy and planning of the development of the Ministry of economy and public finances.
Article 6 - directory. The conduct and administration of the national agency of State holdings in companies (ANPEE) will be exercised by a Board of Directors (1) composed of five (5) members. The Board will be comprised of one (1) President, whose position will be exercised by the Director Executive of the Administration national of the Social Security (ANSES), agency acting within the scope of the Ministry of Social security of the Ministry of labour, employment and Social Security; the Minister of economy and finance, who will assume the position of one (1) Director; one (1) Director appointed by the national executive power; and two (2) Directors proposed by the Joint Standing Committee of State involvement in enterprises on the proposal of the parliamentary blocks, corresponding one (1) Director to the majority or first minority and one (1) Director to the first minority or second parliamentary minority, respectively, as appropriate. The Director appointed by the national executive power and the directors of the Joint Standing Committee of State involvement in enterprises will last in office four (4) years and shall be eligible for re-election for a period. They are civil servants and will be matched in terms of salary regime and rank at the level of Assistant Secretary of the national executive power. These directors may only be removed from their posts by offense committed in the exercise of their functions, to be bankrupt in the incompatibilities laid down by law 25.188, or by non-compliance or poor performance in the exercise of their functions. In the latter case the removal must be approved by two-thirds (2/3) parts https://www.boletinoficial.gob.ar/pdf/linkQR/T2RRd2xQaFpHQjFycmZ0RFhoUThyQT09 of members of the Joint Standing Committee of State involvement in enterprises, by means of a procedure which is warranted broadly the right of defence, and the resolution adopted be properly founded on the grounds mentioned above.
Article 7 - President of the Board of Directors. The Chairman is the legal representative of the National Agency for State shareholdings in companies (ANPEE), being in charge presiding over and convene board meetings, according to the regulation issued by the Agency.
Article 8 - Quorum and majorities. The directory will be held with the half plus one of its members, and decisions shall be adopted by simple majority of the same. The directory may convening with representatives of ministries or other bodies when exist the subject or the nature of the decisions to be adopted. Such representatives may participate with voice but without vote on issues to decide.
Article 9 - responsibilities. Powers of the Board of the national agency of State holdings in companies (ANPEE) will be: to) coordinate action plans sets of sectors in particular, as the national economic policy; b) dictate the rules of procedure; (c) prepare and manage the annual budget of the National Agency for State shareholdings in companies (ANPEE); d) nominate the representatives of the national agency of shares State in business (ANPEE) assemblies ordinary, extraordinary and special of the covered companies in the article 1 of this law; (e) carry out the communication of attendance at ordinary, extraordinary and special meetings of the companies covered by article 1 of this Act and all other means of communication that is required; (f) give the instructions that should satisfy his performance in ordinary, extraordinary and special, assemblies or meetings of partners, the representatives designated by the National Agency for State shareholdings in companies (ANPEE) for these purposes. Sends it must include the order of proposing and voting Directors or administrators and trustees acting for the shares or corporate units representing the latter, according to the payroll which must apply to this effect to the General Audit Office of the nation, in good time. Directors or managers for the actions that make up the investment portfolio of the Fund of guarantee of sustainability of the system integrated Previsional Argentino (FGS), the proposal must have the prior knowledge of the Director Executive of Administration national of the Social Security (ANSES); (g) exercise the right of information that give corporate contributions, and make requests that correspond to corporate bodies to access and/or copy of the books and documents of the company; (h) implement an information system that allows the monitoring of the performance of companies or entities for the present; (i) providing directives, instructions and recommendations to managers or administrators appointed on the proposal of the national State and the Fund of guarantee of sustainability of system integrated Previsional Argentino (FGS), to the social business administration protects the public interest engaged in the performance of the company;
https://www.boletinoficial.gob.ar/pdf/linkQR/T2RRd2xQaFpHQjFycmZ0RFhoUThyQT09 j) inform the Joint Standing Committee of State involvement in enterprises every six months on the progress of results and financial statements of the companies under its orbit; k) exercise all political rights relating to the status of shareholder in companies included in article 1 of this law; (l) carry out all the actions that were necessary for the fulfilment of the purpose of the present.

ARTICLE 10. -Resources. The resources of the National Agency for State shareholdings in companies (ANPEE) will be formed by: a) budget allocations assigned by law; (b) the funds arising from services rendered to third parties; (c) the proceeds from the collection of fees of the directors representing the national State in societies under the orbit of the Agency. Surplus, from resources of the payment of fees, an exercise will pass to the next; (d) grants, contributions not refundable and legacies that receives and accepts; (e) interests and benefits resulting from the management of assets and own funds; (f) any other income or resource that envisages special rules or law.
ARTICLE 11. -Internal and external control. The National Agency for State shareholdings in companies (ANPEE) subject to supervision by the General Audit Office of the nation and the General audit of the nation. Permanent and unavoidable obligation of the directory is to their acts publicity and transparency in terms of resources, expenses, personnel appointments and engagements.
Chapter II directors in companies article 12. -Legal regime. The directors appointed by the National Agency for State shareholdings in companies (ANPEE) in the company under its orbit are civil servants with duties and powers laying down Law 19.550, 25.188, 26.425 and 26.831 together with the duties that establishes the regulations to this Act. Directors are not reached by the article 264 paragraph 4 ° of the Law 19.550 and excepted remunerative incompatibilities provided for in the 'regime' on accumulation of positions, functions and liabilities to the national public administration, approved by the Decree 8.566 September 22, 1961, its or amended and complementary.
ARTICLE 13. -Indemnity. The National Agency for State shareholdings in companies (ANPEE) will ensure the indemnity of Directors and representatives in assemblies when action under which is intended to assert its responsibility, based on compliance with the directives, instructions and recommendations which had been issued by the Agency. This, with the assistance of the procurement of the treasure of the nation, who will attend and will provide the urgently necessary to ensure their defense, representation, legal sponsorship or specialized subject matter assistance required.
ARTICLE 14. -Fees. The fees fixed in meetings of shareholders the directors appointed by the State or by the Fund of guarantee of sustainability of system integrated Previsional Argentino (FGS) for actions whose political rights apply the National Agency for State shareholdings in companies (ANPEE) https://www.boletinoficial.gob.ar/pdf/linkQR/T2RRd2xQaFpHQjFycmZ0RFhoUThyQT09 and that they accrued for his work as such, will be paid by enterprises and companies that meet those functions and must be deposited in favour of the national treasure and affectation specific to the Agency's budget, as determined by the regulations. Surplus, from resources of the payment of fees, an exercise will pass to the next. Directors shall receive national State, by his function of Director, a monthly fee, as determined by the regulations.
Chapter III Advisory Board article 15. -Advisory Council. Create the Advisory Council of the national agency of State holdings in companies (ANPEE), which will have the following missions and functions: to) be scope of non-binding consultation of the Board of the national agency of State holdings in companies (ANPEE). For this purpose, consider the problems, proposals and initiatives that transmit you the directory, and rise to any suggestion that it deems appropriate for the fulfilment of the purposes for which this Act assigned; b) convene annually to the members of the Board for the purpose of receiving a detailed report of management; (c) enact its rules of procedure.
ARTICLE 16. -Composition. The members of the Advisory Board shall be appointed by the national executive power, at the number listed below: to) one (1) representative of the Ministry of economy and finance; (b) one (1) representative of the Ministry of industry; (c) one (1) representative from Central of workers that has legal personality in accordance with article 32 of the law on trade union associations 23.551; (d) one (1) representative of the National Social Security Administration (ANSES). Designated representatives will last two (2) years in their role, it will play in honorary form and may be replaced or removed by the national executive power.
ARTICLE 17. -Meetings. The Advisory Council meets, as a minimum, each six (6) months or, remarkably, a request for at least two (2) of its members. The Advisory Council may convening with representatives of other ministries or agencies when exist the subject or the nature of the decisions to be adopted. Such representatives may participate with voice but without vote on issues to decide.
Chapter IV Joint Standing Committee of State involvement in enterprises article 18. -Permanent Bicameral Commission of State involvement in enterprises. Created in the field of the Honorable National Congress, the Joint Standing Committee of State involvement in enterprises. The Joint Committee will be integrated by eight (8) national senators and eight (8) national deputies, according to resolution of each camera.
https://www.boletinoficial.gob.ar/pdf/linkQR/T2RRd2xQaFpHQjFycmZ0RFhoUThyQT09 from among its members elect a President (1), a (1) Vice President and a Secretary (1); charges that will be exercised annually alternately by one (1) representative from each camera.
ARTICLE 19. -Skills. The permanent Bicameral Commission of State involvement in enterprises shall have the following powers: to) dictate its own rules of procedure; b) propose to the National Executive the candidates for the appointment of two (2) members of the Board of the national agency of State stakes in companies; (c) to ensure compliance with the provisions of this law.
Title III final provisions article 20. -Special majority. The authorization required by article 1 will require the vote of two-thirds (2/3) parts of the Honourable National Congress members.
ARTICLE 21. -Integration of the Board of the national agency of State holdings in companies (ANPEE) should be integrated within a period of thirty (30) days of publication in the Official Gazette of the present law, as set out in article 6 °.
ARTICLE 22. -Transfer. Transfer the national direction of companies with State participation of the Secretariat of economic policy and planning of the development of the Ministry of economy and public finances to the National Agency for State shareholdings in companies (ANPEE), with their respective duties, charges, staff and budget appropriations.
ARTICLE 23. -Entry into force. Regulation. This law shall enter into force after its publication in the Official Gazette. The national executive power, in the term of thirty (30) days from the publication in the Gazette of this law will dictate its regulation.
ARTICLE 24. -Budget adaptation. Resources that demands the implementation of the present law shall be assigned by the national executive power through the relevant budgetary adjustments.
ARTICLE 25. -Exclusion. The shareholdings of the State joint-stock company YPF by the '-d ' class of shares and YPF Gas joint-stock company, by the ' a ' class of shares, and the performance of the managers of such firms, appointed on the proposal of the national State in exercise of rights pertaining to such actions, are not covered by this law and are governed in a whole as provided in law 26,741.
ARTICLE 26. -Repeal. Repeal of Decree 1,278 of the July 25, 2012, which will remain valid until the entry into force of the regulation of this law, in what is not contrary to the provisions of this law.

https://www.boletinoficial.gob.ar/pdf/linkQR/T2RRd2xQaFpHQjFycmZ0RFhoUThyQT09 article 27. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TO THE TWENTY-THREE DAYS OF THE MONTH OF SEPTEMBER IN THE YEAR TWO THOUSAND AND FIFTEEN.
-REGISTERED UNDER NO. 27181 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -John H. Estrada. -Lucas Chedrese.

Date of publication: 06/10/2015 https://www.boletinoficial.gob.ar/pdf/linkQR/T2RRd2xQaFpHQjFycmZ0RFhoUThyQT09