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Law N ° 20.680. Modification.

Original Language Title: Ley N° 20.680. Modificación.

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Law 26,991

Law No 20,680. Amendment. Sanctioned: September 17, 2014 Enacted: September 18, 2014

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:


ARTICLE 1-Substitute Article 1 of Law 20,680 and its Modifiers, by the following:

Article 1: This law shall govern with respect to the sale, permuse and location of furniture, works and services-their direct or indirect raw materials and their inputs-as well as to the benefits-whatever their nature, contract or legal relationship which has originated them, free of charge or onerous, habitual or occasional, for production, construction, processing, marketing, health, food, clothing, hygiene, housing, sport, culture, transport and logistics, recreation, as well as any other furniture or service which satisfies-directly or indirectly-basic or essential needs aimed at the general welfare of the population. The scope of this law covers all economic processes relating to such goods, services and services and any other stage of economic activity directly or indirectly linked to them. Other than the scheme provided for in this Law, economic operators considered to be micro, small or medium-sized enterprises (MIPMEs), in accordance with the provisions of Law 25.300, provided that they do not hold a dominant position in the of Articles 4 and 5 of Law 25.156.

ARTICLE 2-Substitute Articles 2 and 3 of Law 20,680 and their Amending, for the following:

Article 2: For the purposes of Article 1, if any of the assumptions referred to in points (a), (b), (c), (d), (e), (f) and (g) of Article 4 (g) are set out, the implementing authority may: (a) Establish, for any stage of the economic process, profit margins, reference prices, maximum and minimum price levels, or all or some of these measures; (b) Dictate regulatory standards governing the marketing, intermediation, distribution and/or production, with the exception of questions relating to infringements of the formal duties provided for in law 11.683, t.

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(c) Dispose continuity in the production, industrialization, marketing, transport, distribution or provision of services, as well as in the manufacture of certain products, within the levels or quotas Minimum requirements to be laid down by the implementing authority. For the purposes of fixing these minimum levels or quotas, the implementing authority shall take into account, in respect of the obligation, the following data and elements: (i) usual volume of production, manufacturing, sales or service provision. II) Productive capacity, economic situation of the subject and economic equation of the process or activity. The implementing authority in the provision of this measure shall provide for continuity in the production, industrialization, marketing, transport, distribution or provision of services, as well as in the manufacture of (d) To grant subsidies, where this is necessary to ensure the supply and/or provision of services; and) to require all documentation relating to the commercial rotation of the undertaking or economic operator; such information shall be reserved and confidential nature, and shall be for the exclusive use in the framework of the powers assigned to the implementing authority. It may also require information on the sale prices of goods or services produced and provided, as well as their availability of sale; (f) Require the presentation or display of all types of books, documents, correspondence, (g) Proceed, if necessary, to the abduction of all the elements referred to in points (f) and (h), for a maximum period of 30 days (30) days, if necessary, to carry out the necessary technical expertise; (h) Create the records and compel the special books to be drawn up; (i) Establish commercial licensing regimes. Those who are bound by the application of this rule and who consider that they will suffer serious and irreparable economic injury may request the partial or total revision of the measures which affect them. However, this will not excuse them from strict compliance with the obligations imposed, as long as no resolution is adopted in relation to their request, which must be dictated within the fifteen (15) working days of the claim. The measure shall be without effect in the case.

Article 3: The Governors of the Province and/or the Head of Government of the Autonomous City of Buenos Aires, by itself or through the agencies and/or officials they determine, may fix, within their respective jurisdictions, maximum prices and the relevant accompanying measures, while the Executive Branch or the national implementing body does not establish them, giving an immediate account to the latter. These prices will remain as long as the Executive Branch does not use the powers that this law has in mind. The measures authorised in points (e), (f), (g) and (h) of Article 2 may also be provided for. Furthermore, the abovementioned authorities, and only as regards the supply within their respective jurisdictions, may modify the prices fixed by the national implementing authority, while the location of the source of the production, the lower incidence of freight rates or any other circumstance or factor will allow for a reduction of the same. In the case of reverse, such factors shall determine the need to increase those factors, the national implementing agency must be required to be authorized; the person to be issued within 15 (15) working days; otherwise the price proposed by the local authority will be approved.

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ARTICLE 3-Substitute Article 4 (2) of Law 20,680 and its amendments, by the following:

Article 4: They shall be subject to the penalties laid down in Article 5 and, where appropriate, in Article 6, who: (a) artificially or unreasonably raise prices in such a way that it does not respond in proportion to increases in costs, or does not result in abusive profits; (b) Revaluation of stocks, except express authorisation of the implementing authority; (c) In the case of products or raw materials, or in stocks higher than necessary, they are acts of a monopolic nature or not, in order to meet the usual production or demand plans; unnecessarily or artificially create stages in the distribution and marketing; They shall destroy goods or goods; or prevent the provision of services or carry out any other act of a monopolic nature or not, which may cause their production, sale or transport to be in short supply; the sale of goods or the provision of services, or reduce without cause the usual production or not increase it, having been intimated by the implementing authority to that effect with five (5) working days in advance, in case of capacity (g) Discontinuance or discontinuance of normal supply, in order to meet demand; (h) Do not have for sale or to discontinue, according to the respective commercial class, the production of goods and services with levels of maximum and minimum prices, or margins of (i) No invoice or proof of payment shall be made in respect of any of the following conditions: (i) no invoice or proof of origin; (i) no invoice or proof of the sale, information or documentation provided for in Article 2 (2) (e) and (f) of this Regulation; or exercise their activity outside the registers and licences provided for in Article 2 (h) and (i) of this law, if they are to be in the form and conditions laid down by the regulatory provisions; the provisions to be adopted in the exercise of the powers conferred by Articles 2 and 3 of this Law.

ARTICLE 4 °-Substitute Article 5 ° of Law 20,680 and its Modifiers, by the following:

Article 5: Those who incur the acts or omissions provided for in Article 4, shall be liable for the following penalties: (a) Fines of five hundred ($500) to pesos ten million ($10,000,000). The latter limit may be increased to three times the rate of the gain obtained in infringement; (b) Closing the establishment for a period of up to ninety (90) days. During the closure, and for another period of the same period, the goodwill and the goods concerned may not be transferred; c) Disablement of up to two (2) years for the use or renewal of loans granted by public entities subject to the law 21,526 of Financial institutions, and their amendments; (d) Comiso of the goods and products covered by the infringement; (e) Special disablement of up to five (5) years for the exercise of trade and public service; (f) Suspension of up to five (5) years in the records of State suppliers; (g) Loss of concessions, privileges, tax regimes or special credit that I will enjoy. The penalties provided for in this Article may be imposed independently or jointly, depending on the circumstances of the case.

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ARTICLE 5-Substitute Article 6 of Law 20,680 and its Modifiers, by the following:

Article 6: In the event of a repeat of the maximum limits of the amounts of Article 5 (a) and the terms of their points (b), (c), (e) and (f), up to twice the original penalty may be raised.

ARTICLE 6-Substitute Article 7 ° of Law 20,680 and its Modifiers, by the following:

Article 7: For the purposes of fixing penalties of any kind, pecuniary or personal, account shall be taken, in each case: (a) of the economic dimension of the undertaking, business or exploitation, in particular with regard to the capital in turn; (b) The position in the (c) The effect and socio-economic importance of the infringement; (d) the profit generated by the conduct of the offence and its temporary duration; (e) the damage caused to the market or to the consumer.

ARTICLE 7 °-Substitute Article 8 ° of Law 20,680 and its Modifiers, by the following:

Article 8º: When the violations that are sanctioned in this law have been committed for the benefit of a legal person, association or society, it will be given a character, without prejudice to the personal responsibility of the authors. In cases of conviction of a legal person, association or company it may be imposed as a supplementary sanction the loss of the person's personal and the expiration of the prerogatives that have been agreed upon. The directors, administrators, managers and members of such entities who have participated in the commission of the acts sanctioned by him or herself shall be liable for the penalty provided for in Article 5 (a), the fourth part of the minimum and maximum limits to be imposed.

ARTICLE 8-Substitute Article 9 ° of Law 20,680 and its Modifiers, by the following:

Article 9: All those who obstruct or hinder the action of the persons responsible for applying the emergent provisions of this law or to monitor and control the observance of the law or of the provisions that in its consequence are dictated, or not comply with the requirements of the implementing agencies, they will be liable for a fine of up to 1 million pesos ($1,000,000).

ARTICLE 9-Substitute Article 10 of Law 20,680 and its Modifiers, by the following:

Article 10: The verification of the infringements of this law and the rules which are given in consequence thereof, and the substantiation of the actions which they give rise to, shall be in accordance with the procedure laid down and the other formalities to be determined by the implementing authorities: (a) A record of verification shall be drawn up with an indication by the acting official, in particular affected by the implementing agency, of the name and address of the witnesses, if any, and the alleged infringer, or a their factor or employee, who within ten (10) working days may submit in writing their defence and offer the evidence, if any,

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also indicate the authority to which he/she shall make his/her presentation and deliver a copy of the act. This act shall specify the conduct of the offence and the relevant circumstances of the type corresponding to the infringement; any of the persons appointed may leave the proceedings as they deem appropriate and relate to the facts or facts. (b) The evidence shall be admissible only if there are any facts at issue and provided that they are not manifestly inconducive. (c) The proof must be produced within the term of ten (10) working days extendable where there is a justified cause, with the withdrawal of those not produced within that period, due to the imputable cause of the offender; The final decision, which must be given a prior legal opinion, shall be issued within five (5) working days.

ARTICLE 10. -Replaced Articles 12 and 13 of Law 20,680 and its amendments, by the following:

Article 12: In order to carry out their duties, acting officials may: (a) Require the assistance of the public force; (b) Enter and inspect in working hours and operating days, industrial premises, commercial premises and establishments, and request the competent judges to search warrants when required (c) Abduction of books and any other element relating to the administration of business for a maximum period of up to thirty (30) working days; Intervene in infringement, even if in transit, appointing a depositary; (3) the premises in which the infringement has been established shall be closed for up to three (3) days where this is essential for the best course of the investigation or if there is an imminent risk of continuing to be carried out; infringement. The implementing authority may take legal action to extend this period, up to a maximum of thirty (30) days; (f) to intervene and to declare that the goods which have been the subject of a manoeuvre to reduce supply have been frozen; To quote the alleged offenders for the purpose of providing or extending a declaration on a date to be fixed, which must be later than two (2) days following the act. Persons who are harmed by an infringement or the witnesses of the offence may also be cited, including those who refuse to subscribe as such.

Article 13: In all cases of closure, whether preventive or temporary, offenders may immediately withdraw perishable goods, provided they do not constitute essential evidence. As long as the preventive or temporary closure lasts, the members of the staff shall pay the remuneration in full for the staff in relation to the dependency.

ARTICLE 11. -replace Article 14 of Law 20,680 and its amendments, by the following:

Article 14: Goods which are brought under the provisions of Article 12 (d) and (f) may be sold, located or consigned when they are perishable and/or where the supply of them is insufficient, for which Prior deposit and expropriation judgment will be required. In the case of a resolution which exempts its owner from liability, the amount of the

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(a) compensation to be paid to it, following the guidelines laid down for expropriations in respect of which it is appropriate.

ARTICLE 12. -replace Article 15 of Law 20,680 and its amendments, by the following:

Article 15: The Executive Branch shall designate the authority of application of this law at national level, with powers to dictate the complementary rules that are necessary for its compliance. Violations of this law affect the rights and economic interests of citizens and the nation. Those which are committed in territories of national jurisdiction or when they affect or may affect inter-jurisdictional trade, shall be controlled and judged by the implementing authority, with the exception of the penalties provided for in Article 1 (2). closure and special disablement to exercise the trade or public function that will be imposed, in the ambit of the Autonomous City of Buenos Aires, by the National Judge of First Instance in the Federal Administrative Contentious, and in the other jurisdiction, at the request of the enforcement authority, by the appropriate federal judge. For the purposes of this rule, interjurisdictional trade will be understood to be the case with foreign nations, which make the provinces with each other or with the Autonomous City of Buenos Aires, which practices a province or the Autonomous City. of Buenos Aires with a national utility, and the one that performs the latter with the first ones.

ARTICLE 13. -replace Article 16 of Law 20,680 and its amendments, by the following:

Article 16: The administrative decision imposing sanctions may be challenged only by way of direct recourse to the National Appeals Chamber in the Federal Administrative Court or before the federal appeals chambers. competent, according to the seat of the authority which provided the sanction. The action must be brought and founded before the same authority which imposed the sanction within ten (10) working days of the decision being notified; the enforcement authority must raise the appeal with its reply to the House within a period of 10 (10) days, accompanied by the file in which the administrative act referred to has been issued.

ARTICLE 14. -replace Article 17 of Law 20,680 and its amendments, by the following:

Article 17: In all cases, in order to bring the direct action against an administrative decision imposing a fine, the amount of the fine imposed on the order of the authority that ordered it must be deposited and the proof of proof must be lodged. of the deposit with the application, without which the condition shall be dismissed, unless the fulfilment of the application could cause irreparable damage to the appellant.

ARTICLE 15. -replace Article 21 of Law 20,680 and its amendments, by the following:

Article 21: The seized goods shall be sold or located by the implementing authority within a maximum period of thirty (30) days since their confiscation, taking into account the nature and characteristics of those goods. In the event that the seized goods are perishable, the time limit will be reduced to five (5) days running; the product of the sale or location will be paid to general income of the Nation.

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ARTICLE 16. -replace Article 22 of Law 20,680 and its amendments, by the following:

Article 22: Violations of this law and its complementary rules shall be prescribed for the three (3) years. The limitation period shall be interrupted by the commission of new infringements or by the initiation of administrative or judicial proceedings.

ARTICLE 17. -replace Article 27 of Law 20,680 and its amendments, by the following:

Article 27: In the face of a situation of supply or shortage of goods or services which satisfy basic or essential needs for the general welfare of the population, the implementing authority may provide for a decision based on their sale, production, distribution or provision throughout the territory of the Nation, regardless of their owner, under warning in the event of failure to impose the penalties provided for in Article 5. Such a measure will last the time that insum the rehabilitation of the situation of shortage or scarcity and will be proportional in its scope to the gravity of the facts that motivate it.

ARTICLE 18. -replace Article 28 of Law 20,680 and its amendments, by the following:

Article 28: To resolve matters not expressly provided for in this law, the provisions of the National Law on Administrative Procedures 19,549 and its rules shall apply.

ARTICLE 19. -Repeal articles 25 and 26 of Law 20,680 and its amendments, Article 15 of Law 24,765, and any other rule that objects or conditions the exercise of the powers laid down in this Law.

ARTICLE 20. -Contact the national executive branch.



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

Date of publication: 19/09/2014

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