Regulatory Alerts1998-02-10 | Resolución 012/98Added · Updated
Board Resolution No. 012/98
The Board of the Central Bank of Bolivia rejects as inadmissible the appeal filed by depositants Mario Gutiérrez Andrade, Carlos Clavijo Vargas, and Alfredo Peralta Auza against Board Resolution No. 007/98. The rejection is based on the finding that the underlying dispute does not fall within the specific articles of Law No. 1670 that permit such appeals, as the prior resolution merely denied revocation requests and exhausted administrative procedures. Consequently, the appellants are directed to pursue other legal remedies available under current regulations.
BOARD RESOLUTION NO. 012/98 SUBJECT: BOARD - REJECTS AS INADMISSIBLE THE APPEAL FILED BY DEPOSITORS OF BANCO INTERNACIONAL DE DESARROLLO S.A. (BIDESA) IN LIQUIDATION, AGAINST THE BOARD RESOLUTION OF THE BCB NO. 007/98.
SEEN: The Law of the Central Bank of Bolivia No. 1670 of October 31, 1995. The Board Resolution of the BCB No. 007/98 of January 27, 1998. The appeal filed by Messrs. Mario Gutiérrez Andrade, Carlos Clavijo Vargas, and Alfredo Peralta Auza, against the Board Resolution of the BCB No. 007/98, which, by accumulating proceedings into a single process, denies the Revocation Requests filed by the depositors of BIDESA. The Report of the Legal Advisory Office ALEG No. 056/98 of February 16, 1998.
CONSIDERING: That Article 55 of Law 1670 establishes that the appeal is only admissible against Denial Resolutions of the BCB Board, when the content of these injures the rights of the appellant and the contention refers to the exercise of the BCB's competence solely in the cases provided for in articles 7, 20, 31, 37, and 54 subsections b) and i) of the aforementioned law.
That the appeal lodged against the Board Resolution of the BCB No. 007/98 of January 27, 1998, does not refer to the cases covered by the Law for the appeal to be admissible, but rather, is directed against an administrative act denying the Revocation Requests filed against Resolution No. 170/97 of December 13, 1997, which, with full competence, was issued by the BCB Board in the exercise of its attributions and with the powers conferred by Article 38 subsection e) of Law 1670.
That Resolution No. 007/98 of January 27, 1998, by denying the revocation request, has exhausted the administrative procedure before the BCB, by mandate of Article 55 of Law 1670 itself, leaving open to the appellants the paths indicated by the prevailing legal norms, so that it does not correspond to grant the appeal.
THEREFORE, THE BOARD OF THE CENTRAL BANK OF BOLIVIA RESOLVES:
Article 1.- Reject as inadmissible the appeal filed by Messrs. Mario Gutiérrez Andrade, Carlos Clavijo Vargas, and Alfredo Peralta Auza, against the Resolution of the BCB Board No. 007/98 of January 27, 1998, because the alleged grievances suffered, which the appellants allege, are not included in articles 7, 20, 31, 37, and 54 subsections b) and i) of Law 1670, being consequently expressly excluded from the cases of appeal indicated in Article 55 of the Law of the Central Bank of Bolivia.
La Paz, February 17, 1998
Juan Antonio Morales A.
Armando Pinell S. Jaime Ponce G. Juan Medinacelli V.
Fernando Campero P. Juan Pablo Zegarra A.
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