Rule · BCRA · 22 Aug 2001 · A 3323
Financial entities must send monthly account statements within 8 calendar days and quarterly summaries within 10 calendar days of the closing date. These documents must include the Uniform Bank Key (CBU), Financial Transactions Tax totals, and specific automatic debit details (provider name, client ID, operation nature, amount, and date). Entities must record data for up to three account holders, noting the total quantity if exceeded, and presume client conformity if no claim is filed within 60 calendar days.
BANCO CENTRAL DE LA REPUBLICA ARGENTINA
COMUNICACION " A " 3323 I 22/08/01
TO FINANCIAL ENTITIES:
Ref.: Circular
OPASI 2 - 266
"Regulation of the bank current account" and norms on "Savings deposits, payment of remuneration and special deposits", "Time deposits and investments" and "Operations with Common Investment Funds". Adaptation of informational requirements.
We address you to inform you that this Institution has adopted the following Resolution:
"1. Replace point 1.5.2.3. of Section 1. of "Regulation of the bank current account" with the following:
"1.5.2.3. Send to the account holder, at most 8 calendar days after the end of each month and/or the shorter period established and under the agreed conditions, a statement of the account with the detail of debits and credits -whatever their nature- and the balances recorded in the period it covers, asking for their written conformity. In the summary, the Uniform Bank Key (CBU) shall be stated so that the client can adhere to automatic debit services and the total amount debited in the period for "Financial Transactions Tax". In that statement or account summary, the entities will report the debits corresponding to the automatic debit service, with the following minimum data:
Furthermore, the legend corresponding to deposit guarantee matters, as provided in point 11.2. of Section 11, shall be stated, and, in the place determined by the entity, the tax identification key number (CUIT, CUIL or CDI) of the account holders, according to the records of the depositary. It shall be obligatory to record the data of up to three of their holders; when they exceed this number, the total quantity shall also be indicated."
"3.4.10. Account Summary.
At least quarterly and within 10 calendar days from the established closing date, the entities must send the holder a summary of the account with the detail of debits and credits -whatever their nature- and the balances recorded in the period it covers. In the account summary, the entities will report the debits corresponding to the automatic debit service, with the following minimum data:
"4.2. Fiscal Situation.
Legal or natural persons who are holders or for whose order an account is registered, legal representatives, etc. will report their situation before the Federal Administration of Public Revenue (AFIP) providing the corresponding element, as indicated below:
4.2.1. Unique Tax Identification Key (CUIT).
4.2.2. Unique Labor Identification Code (CUIL).
4.2.3. Identification Key (CDI). The depositary entities will manage compliance with this requirement through the process that the Federal Administration of Public Revenue generates for such purposes.
When it is not possible to obtain any of the predicted identifications, due to being foreign depositants not resident in the country or who do not have documents admitted by said Administration, the reason for their lack of registration must be recorded."
"1.6.2.2. At least monthly, the entity must provide the depositor with a statement of the movement operated in the account (summary), leaving a record of the data referred to the deposits that had been registered in it; number of the operation or certificate, if any; date of imposition; term; nominal and effective annual interest rates; maturity date; currency; taxes; data to determine the remuneration in deposits with variable interest clauses, etc. Furthermore, in the place determined by the entity, the name, surname and tax identification (CUIT, CUIL or CDI) of each of the account holders will be inserted, according to the records of the depositary. It shall be obligatory to record the data of up to three of their holders; when they exceed this number, the total quantity shall also be indicated. Conformity with the movement recorded in the entity will be presumed if within 60 calendar days of the expiration of the respective period, no claim is in the possession of the entity."
"3.2. Fiscal Situation.
Legal or natural persons who are holders or for whose order an account or operation is registered, legal representatives, etc. will report their situation before the Federal Administration of Public Revenue (AFIP) providing the corresponding element, as indicated below:
3.2.1. Unique Tax Identification Key (CUIT).
3.2.2. Unique Labor Identification Code (CUIL).
3.2.3. Identification Key (CDI). The depositary entities will manage compliance with this requirement through the process that the Federal Administration of Public Revenue generates for such purposes.
When it is not possible to obtain any of the predicted identifications, due to being foreign depositants not resident in the country or who do not have documents admitted by said Administration, the reason for their lack of registration must be recorded."
4.1.2. Foreigners settled from 1.1.1970.
4.1.2.1. National Identity Document - Foreigners.
4.1.3. Foreigners entered into the country with permanent or temporary status, with a stay period greater than three months and not yet settled.
4.1.3.1. Passport from bordering countries.
4.1.3.2. Identity card issued by the competent authority of the respective bordering countries.
4.1.4. Foreigners with less than three months of stay in the country.
4.1.4.1. Entry permit to the Republic, issued by the National Directorate of Migrations or by an Argentine consular official.
4.1.4.2. Passport - visaed by Argentine consular authority, unless agreements signed by the Republic exempt it from this.
4.1.4.3. Individual card, issued by the National Directorate of Migrations.
4.1.4.4. Identity card or any other identifying document issued by the competent authority of the respective bordering countries.
4.1.5. Foreigners who are international officials and diplomatic representatives and officials.
4.1.5.1. Identification documents corresponding issued by the Ministry of Foreign Affairs, International Trade and Worship.
4.1.6. Others.
As provided in the norms on "Identification documents in force".
4.2. Fiscal Situation.
Legal or natural persons who are holders or for whose order an account or operation is registered, legal representatives, etc. will report their situation before the Federal Administration of Public Revenue (AFIP) providing the corresponding element, as indicated below:
4.2.1. Unique Tax Identification Key (CUIT).
4.2.2. Unique Labor Identification Code (CUIL).
4.2.3. Identification Key (CDI). The depositary entities will manage compliance with this requirement through the process that the Federal Administration of Public Revenue generates for such purposes.
When it is not possible to obtain any of the predicted identifications, due to being foreign depositants not resident in the country or who do not have documents admitted by said Administration, the reason for their lack of registration must be recorded."
Determine that financial entities must define the fiscal situation of the holders of savings accounts -opened up to the date of this resolution- who at the time of their opening declared the reasons why they were not registered in the Federal Administration of Public Revenue, as well as those who register funds in their favor at that same moment in time operations and/or are investors in shares of common investment funds, applying the procedure and deadlines that said tax collection agency establishes.
While the Federal Administration of Public Revenue does not implement the process of appropriation and mass generation of identification keys for the clientele of financial entities, with the exclusive intervention of said institutionalized intermediaries, the current norms on "Savings deposits, payment of remuneration and special deposits", "Time deposits and investments" and "Operations with Common Investment Funds" will continue to govern in matters of the fiscal situation of the clientele, without the incorporation of the modifications that, regarding this aspect, contain points 2 to 4 of this resolution.
The inclusion in account summaries and statements of the total amount debited for "Financial Transactions Tax", as well as the data of CUIT, CUIL, CDI or their condition of unregistered and the quantity of account holders and others linked to it, as established previously, will be valid from 15 business days counted from the date of dissemination of this resolution."
We send you attached the justifications for the measure adopted and the sheets that, in replacement of those previously provided, correspond to incorporate into the referenced ordered texts. We salute you very attentively. BANCO CENTRAL DE LA REPUBLICA ARGENTINA Alfredo A. Besio Manager of Standards Issuance José Rutman Main Standards Manager
ANNEXES: 24 sheets
B.C.R.A.
JUSTIFICATIONS FOR THE REQUIREMENT TO HAVE TAX IDENTIFICATION TO DEPOSIT AND INVEST IN THE FINANCIAL SYSTEM
Annex
to Com.
"A" 3323
In meetings held between officials of this Institution and representatives of the Federal Administration of Public Revenue (AFIP), the information needs that that Organism required in its capacity as the authority in charge of the matter governed by Law 25.413 (on Competitiveness) were raised -among other topics- related to the incorporation in account summaries of the total debited for financial transactions tax, the explicit statement in them of CUIT or CUIL or CDI numbers and the requirement that all holders have these keys or codes.
Furthermore, that dependency manifested that it is implementing a process of appropriation and mass generation of CDI through which financial entities would obtain the pertinent identifications corresponding to their clients, without these having to make personal management before it.
In this regard, it is considered appropriate that the Central Bank establish the obligation for financial entities to record in the summaries of current and savings accounts that they send or make available to their clientele, the total amount debited for financial transactions tax, which constitutes one of the most important aspects required by said Administration, both to facilitate supervision and to simplify the task of taxpayers in determining the amounts appropriable to the payment of Income Tax and/or Value Added Tax.
The data corresponding to tax identification, which is also requested to be known, are already provided for in the norms applicable to current and savings accounts, even though now it is requested that all holders be included, noting that in the case of accounts containing more than three responsible parties, the information of at least three of them shall be recorded in the summaries and the total quantity indicated. With respect to savings accounts, the possibility that the current regulation provides for account opening by recording the reasons why -eventually- the interested parties are not registered in the tax collection agency, for those who are not residents in the country or who, being in national territory with valid documentation for this, this is not suitable for the AFIP to establish the pertinent fiscal identification, must be reserved.
Applying a uniform tempering with which it is now proposed for the cited systems, it would be appropriate to extend to the other modalities of fund capture regulated by this Institution the aforementioned requirements of identification, fiscal situation and information under analysis. In this sense, it corresponds to establish these requirements in time deposit and investment operations, whose current provisions already include them to some extent, and in the subscriptions of shares of common investment funds in whose negotiation some institutionalized intermediary intervenes.
Given that the requirement to have tax identification to operate in modalities other than the current account is based basically on the implementation of the CDI mass generation procedure, through financial entities, to which reference has been made in point 1. of the present and which makes it presumable not to create inquietudes in the investing public that could originate unwanted desertion, it is foreseen that the new norm -insofar as it is linked to this circumstance- will enter into force once said mechanism has been implemented.
REGULATION OF THE BANK CURRENT ACCOUNT B.C.R.A. Section 1. Functioning.
1.5.1.6. Communicate to the entity any modification of their social contracts, statutes, change of authorities or powers and the revocations of the latter, particularly when it refers to the persons mentioned in point 1.3.2.6.
1.5.1.7. Return to the entity all blank checks that they conserve at the time of requesting the closure of the account or within 5 business days of the date of having received the communication of the suspension of the check payment service as a prior measure to the closure of the account or of the closure of the account.
1.5.1.8. Integrate the checks in the currency in which the account is open, draft them in the national language and sign them by hand or by the alternative means that are authorized.
It will not be admitted that checks carry more than 3 signatures.
1.5.2. Obligations of the entity.
1.5.2.1. Keep the accounts up to date.
1.5.2.2. Credit on the day the amounts delivered to it for the credit of the current account and the check deposits in the current compensation periods.
1.5.2.3. Send to the account holder, at most 8 calendar days after the end of each month and/or the shorter period established and under the agreed conditions, a statement of the account with the detail of debits and credits -whatever their nature- and the balances recorded in the period it covers, asking for their written conformity. In the summary, the Uniform Bank Key (CBU) shall be stated so that the client can adhere to automatic debit services and the total amount debited in the period for "Financial Transactions Tax".
In that statement or account summary, the entities will report the debits corresponding to the automatic debit service, with the following minimum data:
REGULATION OF THE BANK CURRENT ACCOUNT B.C.R.A. Section 1. Operation.
When interest is recognized on credit balances, the nominal and effective rates, both annual, corresponding to the reported period will be informed. In addition, the legend that corresponds to be included in matters of deposit guarantee, as provided in point 11.2 of Section 11, will be stated, and, in the place determined by the entity, the tax identification key number (CUIT, CUIL or CDI) of the account holders, according to the records of the depository. It will be an obligation to record the data of up to three of its holders; when they exceed this number, in addition, the total quantity will be indicated.
1.5.2.4. Send to the account holder, when the deferred payment check modality is used, information that will contain as a minimum, in addition to the already verified fund movement, a detail of the registered checks, maturity and amount, subject to the conditions stipulated in point 1.5.2.3.
1.5.2.5. Inform the account holder of the balance registered in the corresponding accounts in the entity's offices and/or in the places indicated by the holders, such communication being able to be made through electronic means.
1.5.2.6. Pay on sight -except in the cases referred to in point 1.5.2.8., second paragraph- the checks issued in the formulas delivered to the account holder, in accordance with the legal and regulatory provisions in force on the date of issuance of the check, taking into account in matters of presentation deadlines those established in article 25 of the Check Law.
In the case of deferred payment checks, this term will be calculated from the payment date recorded on the cover.
1.5.2.7. Adopt the necessary procedures to effect the payment of checks, assuming the pertinent legal responsibilities in the case of incorrectly paid documents.
For the case of checks included in the truncation operation, observe -in this aspect- the guidelines contained in the agreements formalized between the entities.
1.5.2.8. Identify the person who presents the check at the counter, even when it is issued to bearer, whose signature, clarification and address, and the type and number of identity document that corresponds according to what is provided in point 1.3.1.9., must be recorded on the back of the document.
Checks -common or deferred payment- issued to bearer or to the order of a specific person, for amounts greater than $ 50,000 or its equivalent in United States dollars, shall not be paid in cash. This restriction will not apply in the following cases:
i) Checks issued in favor of the holders of the accounts on which they are drawn, exclusively when they are presented to the drawee entity by themselves themselves. Version: 3rd Communication “A” 3323 Validity:
22.08.01
REGULATION OF THE BANK CURRENT ACCOUNT B.C.R.A. Section 3. Checks.
The authorization granted will allow:
3.3.6.1. The use of technology for the entity's own use, immediately.
3.3.6.2. The provision of services to clients, prior written communication to the Superintendence of Financial and Exchange Entities, with a minimum advance of 30 calendar days before its launch.
3.3.7. Requests.
They must be made by note addressed to the Main Management of Reengineering and Organization, signed by personnel of a level not lower than general sub-manager. In the event that such hierarchy does not exist, the pertinent presentation will be in charge of the superior authority and the administrative official of the highest category, respectively.
3.3.8. Detail of the request.
The presentations made must be accompanied by a specific file containing sequentially, with consecutive numbering and with the initial on each sheet of the responsible official, the elements described below:
3.3.8.1. Reliable evidence of approval of the payment instrument issuance operation through the reference technology by the board of directors, board of administration or highest authority, with prior opinion of internal and external audits.
3.3.8.2. Internal administrative regulations and procedures that support the operation.
3.3.8.3. Equipment ("hardware"), programs ("software") and system security.
ORDERED TEXT ORIGIN NORM
Sec. Point Par. Com. Annex Cap. Sec. Point Par. OBSERVATIONS
1.5.1.4. “A” 2514 unique 1.2.1.4.
1.5.1.5. “A” 2514 unique 1.2.1.5.
1.5.1.6. “A” 2514 unique 1.2.1.6. S/Com. “A” 3075 and
“A” 3244
1.5.1.7. “A” 2514 unique 1.2.1.7. S/Com. “A” 3075
1.5.1.8. "A" 2514 unique 1.1.1.3. and
1.2.1.8.
1st
1.5.2. “A” 2514 unique 1.2.2.
1.5.2.1. “A” 2514 unique 1.2.2.1.
1.5.2.2. “A” 2514 unique 1.2.2.2. S/Com. “A” 3075
1st “A” 2514 unique 1.2.2.3. 1st S/Com. “A” 3075 and “A” 3323 2nd “A” 2621 2.
3rd “A” 2514 unique 1.2.2.3. 4th
4th “A” 3075
1.5.2.3.
5th “A” 2807 6. S/Com. “A” 3244 and
“A” 3323
1.5.2.4. “A” 2514 unique 1.2.2.4. S/Com. “A” 3075 and
“A” 3244
1.5.2.5. “A” 2514 unique 1.2.2.5. S/Com. “A” 3075
1.5.2.6. “A” 2514 unique 1.2.2.6. 1st and 2nd S/Com. “A” 3244
1st “A” 2514 unique 1.2.2.7. 1st S/Com. “A” 2779 and “A” 3075 1.5.2.7.
2nd “A” 2514 unique 1.2.2.7. 2nd S/Com. “A” 2779
1.5.2.8. 1st “A” 2514 unique 1.2.2.8. S/Com. “A” 3244
2nd “A” 2814 2.
1st “A” 2514 unique 1.2.2.9. 1st
2nd “A” 2514 unique 1.2.2.9. 3rd S/Com. “A” 3075 and “A” 3244 1.5.2.9.
3rd “A” 2514 unique 1.2.2.9. 2nd
1st “A” 2514 unique 1.2.2.10. S/Com. “A” 3075
2nd “A” 2468 1. 5th
1.5.2.10.
3rd “A” 2468 1. 6th
1.5.2.11. “A” 2514 unique 1.2.2.11. S/Com. “A” 3075 and
“A” 3244
1.5.2.12. “A” 2514 unique 1.2.2. 2nd, 3rd and
4th
S/Com. “A” 2864, pt. 3. and “A” 3244
1.5.2.13. “A” 2514 unique 1.2.2.14.
1st and
2nd
“A” 2508 unique 2nd S/Com. “A” 2621, pt. 3. and “A” 3244 1.5.2.14.
3rd “A” 2508 unique 3rd
1.5.2.15. “A” 2530 S/Com. “A” 3075 and
“A” 3244
1.5.3. “A” 2468 1. 1st S/Com. “A” 3075
1.5.4. “A” 2514 unique 1.1.1.4. S/Com. “A” 2621,
“A” 3075 and “A” 3244
1.5.5. “A” 2514 unique 1.1.1.6. 1st S/Com. “A” 3244
1.5.6. “A” 3244 1.5.6.
REGULATION OF THE BANK CURRENT ACCOUNT
ORDERED TEXT ORIGIN NORM
Sec. Point Par. Com. Annex Cap. Sec. Point Par. OBSERVATIONS
3.3.5. “A” 2602 unique 2.2.
3.3.6. “A” 2602 unique 1.
3.3.6.1. “A” 2602 unique 2. i) 1st
3.3.6.2. “A” 2602 unique 2. i) 2nd
3.3.7. “A” 2602 unique 1.1. S/Com. ”A” 3323
3.3.8. “B” 6426 2nd S/Com. “A” 3300
3.3.8.1. “B” 6426 unique 1.
3.3.8.2. “B” 6426 unique 2. S/Com. “A” 3235
3.3.8.3. “B” 6426 unique 3.
3.3.8.4. “B” 6426 unique 4.
3.3.8.5. “B” 6426 unique 5.
3.3.9. “A” 2602 unique 1.2.
3.3.10. “A” 2602 unique 1.3.
“A” 2514 unique 1.3.7.
4.1. “A” 2514 unique 1.3.7. and
1.3.7.1.
S/Com. “A” 3075
4.2. “A” 2514 unique 1.3.7.1. S/Com. “A” 3163
4.2.1. “A” 2514 unique 1.3.7.10. 1st
4.2.2. “A” 3075
4.2.2.1. “A” 2514 unique 1.3.7.2. S/Com. “A” 3075
4.2.2.2. “A” 2514 unique 1.3.7.3.
4.2.2.3. “A” 3075
4.2.2.4. “A” 2514 unique 1.3.7.4. S/Com. “A” 3163
4.2.2.5. “A” 2514 unique 1.3.7.5. S/Com. “A” 3075
4.2.2.6. “A” 2514 unique 1.3.7.5.
4.2.3. “A” 2514 unique 1.3.7.10. 2nd
1st “A” 2514 unique 1.3.3. 2nd
2nd “A” 2514 unique 1.3.7.1. in fine
4.3.
3rd “A” 2514 unique 1.3.3. 1st
4.4.1. 1st “A” 2514 unique 1.3.7.6. 1st
2nd “A” 3075
4.4.2. “A” 2514 unique 1.3.7.6. 2nd
4.4.3. “A” 2514 unique 1.3.7.6. 3rd
4.4.4. “A” 2514 unique 1.3.7.6. 4th
4.4.5. “A” 2514 unique 1.3.7.7.
4.
4.4.6. “A” 2514 unique 1.3.7.8.
“A” 2514 unique 1.3.4.,
1.3.5. and
1.3.6.
5.1. “A” 2514 unique 1.3.4.
5.1.1. “A” 3244 5.1.1. S/Com. “A” 3294
5.1.2. “A” 2514 unique 1.3.4.1. 1°
5.1.3. “A” 2514 unique 1.3.4.1. 2° S/Com. “A” 3075
5.1.4. 1st “A” 2514 unique 1.3.4.2. S/Com. “A” 3075
2nd “A” 3075
5.1.5. “A” 2514 unique 1.3.4.3.
5.
5.1.6. “A” 2514 unique 1.3.4.4. S/Com. “A” 3075 and “A”
3244
SAVINGS DEPOSITS, PAYMENT OF REMUNERATIONS AND SPECIALS B.C.R.A. Section 1. Savings box.
1.9.2. Collection services operations on behalf of third parties, contracted directly with the bank or through said third parties (automatic or direct debits) for the payment of taxes, fees, contributions and contributions, public or private service bills, credit card summaries, etc. when the client's knowledge is assured with a minimum advance of 5 business days with respect to the date fixed for the debit that the holder has contracted.
In the event that the client formalizes his adherence to the automatic debit service through the service provider company, tax collection agency, etc., in order to make the debits it will be sufficient the communication that the company or entity sends to the entity notifying the adherence, whose record may remain in the possession of the company or entity. The client may formalize his adherence to the automatic debit system through the financial entity in which he maintains his account or through the service provider company, tax collection agency, etc. insofar as, in the pertinent aspects, the previously indicated requirements are observed. The same option will be available to manifest the disaffection or cancellation of a service of this system. Adherence to this automatic debit mechanism will be conditioned to the possibility of reversing operations under the conditions established in point 1.10.
1.9.3. Commissions freely agreed at the time of opening or subsequently, for the services provided by the entity.
The commissions and expenses must be detailed, with mention of amounts and percentages, as well as the dates and/or periodicity of those debits, including, among others, those corresponding to:
SAVINGS DEPOSITS, PAYMENT OF REMUNERATIONS AND SPECIALS B.C.R.A. Section 1. Savings box. subsequent to the date on which the entity receives the client's instruction, provided that the originating debit company and only in the cases where the amount of the requested reversal exceeds $ 750.-, does not oppose the reversal for having made effective the billing difference directly. When it comes to credit card settlements of open systems, in replacement of the aforementioned reversal procedure, entities must have mechanisms in place that allow users to manage through them the reversal of coupons included in the settlements and the refund of the pertinent amounts that have been debited.
1.11. Account summary.
As a minimum quarterly and within 10 calendar days from the established closing date, entities must send the holder a summary of the account with the detail of the debits and credits -whatever their concepts- and the balances registered in the period that comprises. In the account summary, entities will inform the debits corresponding to the automatic debit service, with the following minimum data:
1.12. Closing of accounts.
1.12.1. By decision of the holder.
By presentation at the entity and withdrawal of the total balance (capital and interest).
Version: 2nd Communication "A" 3323 Validity:
22.08.01
SAVINGS DEPOSITS, PAYMENT OF REMUNERATIONS AND SPECIALS B.C.R.A. Section 3. Specials.
3.4.9. Reversal of automatic debits.
In the agreements that financial entities conclude with holders for adherence to automatic debit systems for the payment of taxes, public or private service bills, credit card summaries, etc., a clause must be included that provides for the possibility that the client orders the suspension of a debit until the business day prior -inclusive- to the maturity date and the alternative of reversing debits for the total of each operation, upon express instruction of the client, within 30 calendar days counted from the date of the debit. The return will be made within 72 business hours following the date on which the entity receives the client's instruction, provided that the originating debit company and only in the cases where the amount of the requested reversal exceeds $ 750.-, does not oppose the reversal for having made effective the billing difference directly. When it comes to credit card settlements of open systems, in replacement of the aforementioned reversal procedure, entities must have mechanisms in place that allow users to manage through them the reversal of coupons included in the settlements and the refund of the pertinent amounts that have been debited.
3.4.10. Account summary.
As a minimum quarterly and within 10 calendar days from the established closing date, entities must send the holder a summary of the account with the detail of the debits and credits -whatever their concepts- and the balances registered in the period that comprises. In the account summary, entities will inform the debits corresponding to the automatic debit service, with the following minimum data:
SAVINGS DEPOSITS, PAYMENT OF REMUNERATIONS AND SPECIALS B.C.R.A. Section 3. Specials.
Conformity with the movement registered in the entity will be presumed if within 60 calendar days of the respective period having expired, the formulation of a claim is not found in the possession of the entity.
3.4.11. Closing of accounts.
3.4.11.1. By decision of the holder.
Prior communication to the depository entity, in the agreed times and forms.
3.4.11.2. By decision of the entity.
Prior communication to the holders by mail -through certified piece- granting a term not less than 30 calendar days before proceeding to close the account and transfer of funds to immobilized balances. In addition, in the communication, reference will be made to the commission to be applied to those amounts at the expiration of said term.
3.4.12. Deposit guarantee.
The status of the account with respect to the deposit guarantee insurance system will be specified.
The incorporation of the corresponding legends will be formulated with adjustment to what is established in point 4.4 of Section 4.
3.4.13. Recommendations for the use of automated teller machines.
At the time of opening an account that implies the delivery of cards to operate with automated teller machines, it will correspond to notify the holder about the recommendations and precautions that must be taken for their use, in the terms contained in point 4.3 of Section 4.
3.4.14. Record of delivery of information to the client.
Entities must keep on file the record that the client has been notified that the text of these regulatory norms and their eventual updates are available at the entity, also indicating that they can be consulted through "Internet" at the address www.bcra.gov.ar., aspect that will also be recorded in the account summaries referred to in point 3.4.10. Version: 2nd Communication "A" 3323 Validity:
22.08.01
SAVINGS DEPOSITS, PAYMENT OF REMUNERATIONS AND SPECIALS B.C.R.A. Section 4. General provisions.
4.1.6. Others.
As provided in the norms on "Valid identification documents".
4.2. Fiscal situation.
Legal or natural persons who are holders or to whose order an account is registered, legal representatives, etc. will inform their situation before the Federal Administration of Public Revenues (AFIP) providing the corresponding element, as indicated below:
4.2.1. Unique tax identification key (CUIT).
4.2.2. Unique labor identification code (CUIL).
4.2.3. Identification key (CDI). Depository entities will manage compliance with this requirement through the process that the Federal Administration of Public Revenues generates for such purposes.
When it is not possible to obtain any of the predicted identifications, due to being foreign depositors not resident in the country or who do not have documents admitted by said Administration, the reason for their lack of registration must be recorded.”
4.3. Recommendations for the use of automated teller machines.
4.3.1. Financial entities that provide magnetic cards to be used in the performance of operations with automated teller machines must alert and recommend to users about the precautions they must take to ensure their correct use.
The notification of these recommendations must be made at the time of opening the account that implies the delivery of a card to be used in automated teller machines, without prejudice to the convenience of making subsequent periodic reminders. Likewise, it will correspond to place -visibly in the places where automated teller machines are located- signs with the precautions that users of the system must adopt.
4.3.2. The following recommendations and precautions are listed, which as a minimum must be communicated to users:
4.3.2.1. Request from bank staff all the information they deem necessary regarding the use of automated teller machines at the time of accessing the service for the first time or at any doubt that may arise subsequently.
Version: 2nd Communication "A" 3323 Validity:
22.08.01
B.C.R.A.
ORIGIN OF THE PROVISIONS INCLUDED IN THE ORDERED TEXT OF THE NORMS ON SAVINGS DEPOSITS, PAYMENT OF REMUNERATIONS AND SPECIALS ORDERED TEXT ORIGIN NORM Sec. Point Par. Com. Annex Cap. Sec. Point Par. OBSERVATIONS
1.1.1. "A" 1199
"A" 1820 I
I 2.
2.1. S/Com. "A" 1823 - pt. 2°
S/Com. "A" 2192 - pt 1.
S/Com. "A" 2241 - Cap. I
ORDERED TEXT ORIGIN NORM
Sec. Point Par. Com. Annex Cap. Sec. Point Par.
OBSERVATIONS
1° "A" 2468 1. 4°
2° “A” 2468 1. 5°
1.9.4.
3° "A" 2468 1. 6°
1.10. 1° “A” 2621 3.
2° “A” 2508 Unique 3°
1° “A” 3042
2° “A” 2621 2.
3° “A”3042 S/Com. “A”3323
1.11.
.
4° “A” 3042
1.12.1. “A” 3042
1.12.2.1 “A” 1199 I 5.2.2. 1° and 2°
. “A” 1653 I 2.1.3.4.
1.12.2.2 “A” 1199 I 5.2.2. 3°
1.13. “A” 1199 I 6.3. S/Com. ”A” 2807-pto. 6
“A” 1820 I 2.6.
1.14. “A” 2530
1.
1.15. “A” 1653 I 2.1.3.5.
2.1. “A” 2590 I 4.4.1.
1° “A” 2590 I 4.4.2. 2.2. 2° “A” 2956
2.3 “A” 2590 I 4.4.3.
2.4. “A” 2590 I 4.4.4.
2.5. “A” 2590 I 4.4.5.
2.6. “A” 2590 I 4.4.6.
2.7. “A” 2590 I 4.4.7.
2.8. “A” 2590 I 4.4.8.
“A” 2590 I 4.4.9. 2.9. “A” 2956
2.10. “A” 2590 I 4.4.10.
2.11. “A” 2590 I 4.4.11.
1° “A” 2590 I 4.4.12.
2° “A” 2590 I 2.
2.
2.12.
3° “A” 2956 2°
“A” 1199 I. 4.2.1. 3.1.1. “B” 6360
1° “A” 1199 I 4.2.2. S/Com. “A” 3042 3.1.2. 2° “A” 3042
3.1.3. “A” 1199 I 4.2.
3.1.4. “A” 1199 I 4.2.3. S/Com. ”A” 1877, pt.
3°
3.1.5.1. “A” 1199 I 4.2.4.1.
3.1.5.2. “A” 1199 I 4.2.4.2.
3.1.5.3. “A” 1199 I 4.2.4.3.
3.1.5.4. “A” 1199 I 4.2.4.3.3.
3.1.6.1. “A” 1199 I 4.2.5.1.
3.1.6.2. “A” 1199 I 4.2.5.2.
3.
3.1.6.3. “A” 1199 I 4.2.5.3.
Last incorporated communication: “A” 3323 (22.08.01)
When the “Identification Key” is not available at the time of certificate issuance, if applicable, this shall be noted in the certificate using the expression “CDI in process”. When the financial entity obtains the data, through the procedure implemented by the AFIP, it will incorporate it into its records.
Deposits shall be instrumented through transferable or non-transferable bearer certificates issued by the depositary financial entities.
Each entity shall adopt the security measures it deems necessary to prevent adulteration and any type of alteration in its text.
At the time of the deposit, the definitive certificate, intervened by the entity with seal and signature, shall be delivered to the holder or their representative, unless...
Version: 2nd Communication “A” 3323 Validity: 22.08.01
Additionally, in the place determined by the entity, the name, surname, and tax identification (CUIT, CUIL or CDI) of each of the account holders shall be inserted, according to the depositary's records. It shall be mandatory to record the data of up to three of its holders; when they exceed this number, the total quantity shall also be indicated.
Conformity with the movement registered in the entity shall be presumed if, within 60 calendar days of the respective period's expiration, no claim is found in the entity's possession.
The operations must be carried out by the holder or their representatives in the places authorized for this purpose.
The entity will provide the certificate or the corresponding record duly intervened by the cashier receiving the funds, according to the option to which the operation corresponds.
The respective record will be issued with the essential data of the operation.
When it is possible to use this modality, it will be necessary to inform clients of the recommendations and precautions to be adopted regarding its use contained in point 3.4 of Section 3.
The proof of the operation shall be its registration in the periodic summary (point 1.6.2.2.).
Entities must have implemented computer security mechanisms that guarantee the genuineness of the operations.
Version: 2nd Communication “A” 3323 Validity: 22.08.01
As provided in the regulations on "Valid Identification Documents".
Legal or physical persons who are holders or to whose order an account or operation is registered, legal representatives, etc., will inform their status before the Federal Administration of Public Revenues (AFIP) by providing the corresponding element, as indicated below:
When it is not possible to obtain any of the identified identifications, because they are foreign depositors not resident in the country or who do not have documents admitted by said Administration, the reason for their lack of registration must be noted.
Version: 2nd Communication “A” 3323 Validity: 22.08.01
| TEXT ORDERED | ORIGIN REGULATION |
|---|---|
| Sec. Point Para. Comm. Annex Cap. Sec. Point Para. | OBSERVATIONS |
| 1.1. “A” 3043 | |
| 1.2. “A” 3043 | |
| 1.3. “A” 3043 | |
| 1.4 “A” 1199 I 5.7. | |
| 1.5.1. “A” 1653 I 3.4.5. 1° “A” 1465 I 2.1.3.1. “A” 1653 I 3.4.4.1. | |
| 1.5.2. “A” 1820 I 3.5. | |
| 1.5.3. “A” 1465 I 2.1.3.2. “A” 1653 I 3.4.4.2. | |
| 1.5.4. “A” 1465 I 2.1.3.3. "A" 1653 I 3.4.4.3. “A” 1465 I 2.1.3.4. 2.1.3.5. 3.4.4.4. | |
| 1.5.5. “A” 1653 I 3.4.4.5. S/Com. “A” 3043 and 3323 | |
| 1.5.6. “A” 1465 I 2.1.3.6. | |
| 1.5.7. “A” 1465 I 2.1.3.7. “A” 1653 I 3.4.4.6. | |
| 1.5.8 “A” 3043 | |
| 1.5.9. “A” 1465 I 2.1.3.8. “A” 1653 I 3.4.4.7. | |
| 1.5.10. “A” 1465 I 2.1.3.9. “A” 1653 I 3.4.4.9. | |
| 1.5.11. “A” 1465 I 2.1.3.10. “A” 1653 I 3.4.4.10. | |
| 1.5.12. “A” 1465 I 2.1.3.12. “A” 1653 I 3.4.4.11. | |
| 1.5.13 “A” 1465 I 2.1.3.11. | |
| 1.6.1. “A” 1465 I 2.1.3. “A” 1653 I 3.1. 3.3. 1° | |
| 1.6.1.1. “A” 1653 I 3.4.4. 1. 1° “A” 1913 1° | |
| 1.6.1.2. “A” 1653 I 3.4.1. 3.4.2. | |
| 1.6.1.3. “A” 1653 I 3.4.5. 3.4.6. 2° | |
| 1.6.1.4. “A” 1653 I 3.4.5. 3° | |
| 1.6.1.5. “A” 1653 I 3.4.7. | |
| 1.6.1.6. “A” 1653 I 3.4.8. | |
| 1.6.1.7. “A” 3043 I | |
| 1.6.2.1. “A” 1913 2. 1° 1. | |
| 1.6.2.2. 1° “A” 1913 2° 2°a 4° “A” 3323 | |
| 2.4.2.2. “A” 2482 1.C)2. 2° | |
| 2.4.3. “A” 2482 1.C)5. | |
| 2.4.4. “A” 2482 1.C)7. | |
| 2.5.1. “A” 2482 1.D)1. S/Com. ”A” 3043 | |
| 2.5.2.1. “A” 2482 1.D)4.2. S/Com. ”A” 2617 | |
| 2.5.2.2. “A” 2482 1.D)4.1. | |
| 2.5.3. “A” 2482 1.D)5. S/ Com. “A” 2617 | |
| 2.5.4. “A” 2617 2. | |
| 2.5.5.1. “A” 2617 único 1. S/Com. “A” 3043 and “A” 3185 | |
| 2.5.5.2. “A” 2617 único 2. | |
| 2.5.5.3. “A” 2617 único 3. S/Com. “A” 3090 and “A” 3185 | |
| 2.5.5.4. “A” 2617 único 4. | |
| 2.5.5.5. “A” 2617 único 5. S/Com. “A” 2961 - Annex | |
| 2.5.5.6. “A” 2617 único 6. S/Com. “A” 2961 - Annex | |
| 3.1. "A" 3043 | |
| 3.1.1. "A" 2885 1. | |
| 3.1.2. "A" 2885 2. 2.2. | |
| 3.1.3. "A" 2885 2. 2.3. | |
| 3.1.4. "A" 2885 2. 2.4. | |
| 3.1.5. "A" 2885 2. 2.5. and 2.6. | |
| 3.1.6. "A" 3043 | |
| 3.2. 1° "A" 1891 S /Com. "A" 1922 2° and 3° “A” 3323 | |
| 3.3.1. "A" 2252 1.1. | |
| 3.3.2. "A" 2252 1.2. | |
| 3.3.3. "A" 2252 1.3. | |
| 3.3.4. "A" 2252 1.4. S/Com. "A" 2482 – pto. 3. and “A” 3043 | |
| 3.3.5. "A" 2252 1.5. S/Com. "A" 2482 – pto. 3. and ”A” 3043 | |
| 3.3.6. "A" 2252 1.6. 1° "A" 2530 1° 2° "A" 2530 3° and 4° 3.4.1. 3° "A" 2530 5° 3.4.2. "A" 2530 2° | |
| 3.5.1. "A" 1199 I 6.3. "A" 1820 I 2.6. S/Com. "A" 2807, pto 6 – 1° and 2° para. and Comm. “A” 3270. | |
| 3.5.2. "A" 2807 6. 3° | |
| 3.5.3.1. "A" 2807 6. 5° | |
| 3.5.3.2. "A" 2807 6. 4° | |
| 3.6.1. "A" 1199 I 5.3.1. | |
| 3.6.2. "A" 1199 I 5.3.2. | |
| 3.6.3. "A" 1199 I 5.3.3. |
-Last incorporated communication: “A” 3323 (22.08.01)-
- Index -
Section 1. Denomination.
1.1. Necessary characteristic.
1.2. Non-compliance.
Section 2. Restrictions.
2.1. Shareholding.
2.2. Transactions with fund assets.
2.3. Bases for observance.
Section 3. Transparency.
3.1. Information to investors.
3.2. Legend.
Section 4. Identification and fiscal status.
4.1. Identification.
4.2. Fiscal status.
Version: 3rd Communication “A” 3323 Validity: 22.08.01
At the time of making the first operation, physical persons who are holders or to whose order an operation is registered, legal representatives of legal entities, etc., will use one of the documents indicated below:
As provided in the regulations on "Valid Identification Documents".
Version: 1st Communication “A” 3323 Validity: 22.08.01
Legal or physical persons who are holders or to whose order an account or operation is registered, legal representatives, etc., will inform their status before the Federal Administration of Public Revenues (AFIP) by providing the corresponding element, as indicated below:
When it is not possible to obtain any of the identified identifications, because they are foreign depositors not resident in the country, or who do not have documents admitted by said Administration, the reason for their lack of registration must be noted.
Version: 1st Communication “A” 3323 Validity: 22.08.01
| TEXT ORDERED | ORIGIN REGULATION |
|---|---|
| Sec. Point Para. Comm. Annex Sec. Point Para. | OBSERVATIONS |
| 1° "B" 5484 1° and 2° S/Com."A" 2953 - point 2, para. 1° | |
| 1.1. 2° "B" 5484 2° S/Com."A" 2953 -point 2, para. 2° 1. | |
| 1.2. "A" 2953 2. 3° | |
| 2.1. "A" 3027 | |
| 2.1.1. "A" 2953 1. 1° S/Com."A" 2996, Annex point 1.- para.1° | |
| 2.1.2. "A" 2953 1. 1° S/Com."A" 2996, Annex point 1.- para.2° | |
| 2.1.2.1. "A" 2953 1. 1° S/Com."A" 2996, Annex point 1.- inc.a) | |
| 2.1.2.2. "A" 2996 único 1. 2° b) | |
| 2.2. "A" 2996 único 2. | |
| 2.2.1. "A" 2953 1. 2° S/Com."A" 2996, Annex point 2.- para.1° | |
| 2.2.2. "A" 2996 único 2. 2° | |
| 1° "B" 6566 1. S/Com."A" 2996, Annex point 3. 2. | |
| 2.3. 2° "B" 6609 | |
| 3.1. "A" 3027 | |
| 3.1.1. "A" 2996 único 4.1. 1° | |
| 3.1.2. "A" 2996 único 4.1. 2° S/Com. "A" 3027 | |
| 3.2. "A" 2996 Único 4.2. S/Com. "A" 3027 | |
| 1° "A" 2953 1. 3° S/Com. "A" 2996, pto. 4.2., para. 1° | |
| 3.2.1. 2° "A" 2996 único 4.2. 3° 3. | |
| 3.2.2. "A" 2953 1. 4° S/Com. "A" 2996, pto. 4.2., para. 2° | |
| 4. 4.1. “A” 3323 | |
| 4.2. “A” 3323 |
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“S/Com. “A” 3323”
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