Rule · BCRA · 10 Nov 1983 · A 407
Authorized financial entities operating in exchange must register private sector debtors with outstanding obligations exceeding US$15,000 in the Registry of Debtors using Form No. 5000. Registrations occur between 11.21.83 and 12.02.83 based on surname initials, with late submissions for debts as of 12.31.82 and 10.31.83 due by 12.02.83. Debtors assuming new commitments after 11.01.83 must register upon first declaration. Form 5000 requires triplicate submission with notarized or entity-certified signatures, and any data changes must be reported to the Central Bank within ten calendar days.
BANCO CENTRAL DE LA REPÚBLICA ARGENTINA
COMUNICACIÓN "A" 407 10/11/83
TO FINANCIAL ENTITIES, HOUSES, AGENCIES AND OFFICES AUTHORIZED TO OPERATE IN EXCHANGE AND EXCHANGE BROKERS:
Ref.: Circular REGIME OF INFORMATION ON EXCHANGE OPERATIONS AND OBLIGATIONS WITH THE EXTERIOR - REFEX - 1 -10.
Registration in the Registry of Debtors with the Exterior
We address you in order to inform you that the Central Bank, as a first stage of the implementation of the new information regime regarding obligations with the exterior, anticipated by Communication "A" 400, has decided to enable a Registry of Debtors with the Exterior, in which all natural and legal persons of the Private Sector who have maintained obligations with the exterior as of 12.31.82 or 10.31.83 or both dates, and those not included in these situations that incur new obligations from 11.01.83, must register, by presenting Form No. 5000.
The Private Sector comprises all natural and legal persons resident in the country, even those in a state of bankruptcy or liquidation, excluding agencies and dependencies of the national, provincial, and municipal public administration, public banks of the Nation, provinces, and municipalities, and entities detailed in Communication "A" 275 of 01.14.83 and those that modify it in the future.
This provision includes persons with outstanding debts to creditors resident abroad, agreed with deferred payment, whose original amount is greater than US$15,000 or its equivalent in other currencies, including obligations incurred in Argentine pesos, whose cancellation was agreed in foreign currency. Branches abroad of Argentine banks will be considered as resident abroad.
Authorized financial entities operating in exchange must register in the Registry of Debtors for the purpose of declaring their own obligations and credit lines received from their correspondents, regardless of the application thereof.
In cases where the debtor is an accidental society that has incurred one or more obligations with the exterior, in addition to the registration of the society as such, each of its members must register individually.
-2-
Each debtor must present a single registration Form No. 5000 to the Registry of Debtors, even if they have incurred more than one obligation with the exterior, or are part of several accidental societies.
This provision also applies to holders of obligations that have total or partial coverage of exchange insurance granted by the Central Bank on capital, interest, or both concepts, whose installments are due on the survey dates, insofar as they have not received from the creditors, on those dates, payment letters or similar documentation that proves the cancellation of the external debt obligation, and regardless of whether countervalues in Argentine pesos have been deposited in the authorized financial entities where the operation was located and the accounting treatment given to it.
Registration in the Registry of Debtors and the subsequent sworn declarations of external debt to be presented to the Central Bank will not alter the rights of debtors with the Central Bank, with authorized financial entities, and with foreign creditors. Debtors may formulate the caveats or reservations they deem necessary in Item 12. (Observations) of Form No. 5000.
i) From 11.21.83 to 11.24.83, debtors whose surname or trade name begins with the letters "A" through "G" inclusive will register. ii) From 11.25.83 to 11.29.83, debtors with surnames or trade names beginning with the letters "H" through "N" inclusive. iii) From 11.30.83 to 12.02.83, the remaining debtors.
Natural and legal persons of the Private Sector not covered by the surveys mentioned in point 4., who from 11.01.83 assume commitments of external debt under the terms of point 2., will present the registration Form No. 5000, at the latest, at the moment of declaring obligations for the first time in the Permanent Survey of External Debt.
Debtors must present the registration Form No. 5000 to the Registry of Debtors, whose model (Annex I) and instructions (Annexes II and III) are attached, typed in triplicate with signatures, powers, and identity data certified by an authorized financial entity or before a public notary. The duplicate element will be returned to the presenter with an assigned registration number, which must subsequently be informed in any presentation related to the Permanent Survey of External Debt, for the cancellation of registered obligations and on all those occasions when the Central Bank requires it.
B.C.R.A. COMMUNICATION "A" 407 10/11/83
We salute you very attentively.
BANCO CENTRAL DE LA REPÚBLICA ARGENTINA
Juan F. Sommer
Manager of
Studies and Statistics of the Financial Sector Elías Salama General Deputy Manager
ANNEXES
ANNEX I
PRIVATE SECTOR
2.
Customer Code
LOW (*) 1
HIGH 2
CENTRAL BANK OF THE REPUBLIC OF ARGENTINA
External Debt Department
PERMANENT SURVEY
OF EXTERNAL DEBT
Headquarters (continued)
Street and number
City and City Country 83 85
() Country Code
10. Responsible Coordinator before the B.C.R.A. Document
86 90 100 110 114
Surname and names Class Number
Position 115 Code of 118 119 121 122 125
Telediscoded Telephone
11. Debtor Substituted Registration Numbers ()
3
19 20 24 25 29 30 34 35 39 40 44 45 49 50 54
12. Observations:
13. DEBTOR'S DECLARATION
"Who (is) subscribed (n)
………………in their capacity as
……………… declares (n) under oath that the data contained in the present form are correct, complete, and true. They are also notified (n) that the Central Bank of the Republic of Argentina makes this request in exercise of the powers granted to it by Law No. 19.359 (art. 5º)." Place and date Signature
14. CERTIFICATION OF SIGNATURES, POWERS, AND IDENTITY DOCUMENT
Place and date Signature and clarification
RESERVED FOR THE CENTRAL BANK OF THE REPUBLIC OF ARGENTINA External Debt Department Data Processing Center External Debt Department Received and assigned number Recorded Vº Bº (*) Reserved for the B.C.R.A. (1) Strike out what does not apply.
B.C.R.A. INSTRUCTIONS FOR THE COMPLETION OF
FORM NO. 5000: REGISTRY OF DEBTORS
Annex II to the
Comm. "A" 407
NOTE: To write alphanumeric data in the boxes intended for such effect, start from the left, leaving a space between words or numbers. In case the number of boxes is insufficient, the text will be truncated in the last available box. In the boxes intended to enter only numerical data, these will be aligned on the right margin, without using points or commas, and completing empty spaces with zeros.
Reserved for the B.C.R.A.
Inform the first presentation as "high". Subsequent presentations that have the purpose of replacing already registered data (e.g., change of address) must be informed as "modifications". The "low" box is reserved for the B.C.R.A.
Inform the full name of the debtor, according to the following instructions:
a) The class and object of the societies, whether they appear at the beginning or end of the trade name, will be abbreviated by their initials, followed by periods (e.g. "La Primera S.A."; "S.A.C. y F. La Segunda"). b) Individuals will inform the surname or surnames first and then the names in full. The surname and names informed must be completely coincident with those recorded in the identity document. c) When the debtor's denomination requires informing several names, whether of societies or persons, the instructions given in a) and b) will be followed, separating each of them with a hyphen. If the available space is not sufficient, the remaining components of the society will be informed in Item 12 (Observations).
Inform the debtor's legal address in full. If the location corresponds to a mezzanine (or basement), it will be informed by the letter E (or S) followed by the number indicating the level thereof.
Indicate whether it is or is not a physical existence person. In the first case, indicate their nationality by marking with "X", as appropriate "Argentine" or "Foreigner". Indicate next the type of identity document. Argentines must inform: LE - Enrolment Book; LC - Civic Book, or DN - National Identity Document. Foreigners must inform DN - National Identity Document; if they do not have the same, they will inform CI, for the Identity Card issued by the Federal Police.
Inform the registration number assigned by the General Income Tax Office for the Income Tax. Cooperative societies must inform the number assigned by the National Institute of Cooperative Action. Debtors not registered with the General Income Tax Office (Income Tax) must inform in Item 12 (Observations) the reasons for non-registration. All debtors registered with the National Customs Administration must inform the number granted as importer, as exporter, or as importer-exporter as appropriate.
Commercial entities and merchants must also provide the registration data with the Public Commerce Registry. Non-commercial entities must inform the date and order by which they were granted legal personality or authorization for their operation, indicating as well the agency that issued said order.
Inform and code the main activity of the debtor, by grouping, according to the content of the table attached as Annex III.
a) According to the "International Standard Industrial Classification of All Economic Activities" (ISIC), the economic activities of firms are classified into nine large divisions and these into groups. The debtor must identify the group to which their activity corresponds and indicate the number according to the attached table. b) Companies will be classified according to the nature of the main goods they produce (or sell) or the services they provide. In the case of firms that develop two or more activities not included in the same group, the predominant activity must be identified individually.
Mark with "X", as appropriate for a debtor of national or foreign capital, according to the terms of Law No. 21.382. If the declarant is registered in the Registry of Foreign Investments, they must inform the number assigned to them.
Inform the name and complete address of the headquarters. The boxes intended for codes are reserved for the B.C.R.A.
Inform the complete data of the person designated by the debtor to act as coordinator before the Central Bank regarding the Permanent Survey of External Debt.
Reserved for the B.C.R.A.
Inform any other data deemed interesting. If space is insufficient, continue on the debtor's correspondence sheets, which will be signed and certified in the same manner as Form No. 5000.
The debtor or their legal representatives will complete and sign the declaration.
The authenticity of the signature of the debtors or their legal representatives and the capacity of the signers to represent the company, as well as the class and number of the documents invoked (item 5), will be certified by a public notary or authorized financial entity.
B.C.R.A. INSTRUCTIONS FOR THE COMPLETION OF FORM NO. 5000: REGISTRY OF DEBTORS
Annex III to Com.
"A" 407
INTERNATIONAL STANDARD INDUSTRIAL CLASSIFICATION OF ALL ECONOMIC ACTIVITIES (ISIC) LIST OF LARGE DIVISIONS AND GROUPS Group Title Group Title Large division 4. Electricity, gas and water 410 Electricity, gas and steam 420 Hydraulic works and water supply Large division 1. Agriculture, hunting, forestry and fishing 111 Agricultural production 112 Agricultural services 113 Ordinary hunting and trapping and animal repopulation. 121 Forestry 122 Timber extraction 130 Fishing Large division 5. Construction 500 Construction Large division 2. Mining and quarrying 210 Coal mine exploitation 220 Crude oil and natural gas production 230 Extraction of metallic minerals 290 Extraction of other minerals. Large division 6. Wholesale and retail trade and restaurants and hotels. 610 Wholesale trade 620 Retail trade 631 Restaurants, cafes and other establishments that sell food and beverages. 632 Hotels, guest houses, camps and other places of accommodation. Large division 3. Manufacturing industries 311 Food product manufacturing 313 Beverage industries 314 Tobacco industry 321 Textile manufacturing 322 Clothing manufacturing, except footwear 323 Leather industry and leather products and leather substitutes and skins, except footwear and other clothing 324 Footwear manufacturing, except vulcanized rubber or molded or plastic 331 Wood industry and wood and cork products, except furniture. 332 Furniture and accessory manufacturing, except those that are mainly metallic. 341 Paper and paper products manufacturing 342 Printing, publishing and related industries 351 Industrial chemical substances manufacturing 352 Manufacturing of other chemical products 353 Petroleum refineries 354 Manufacturing of various products derived from petroleum and coal 355 Rubber products manufacturing 356 Plastic products manufacturing, n.e.c. 361 Clay, earthenware and porcelain products manufacturing 362 Glass and glass products manufacturing 369 Manufacturing of other non-metallic mineral products 371 Basic iron and steel industries 372 Basic non-ferrous metal industries 381 Metal products manufacturing, excluding machinery and equipment 382 Machinery construction, excluding electrical 383 Machinery, apparatus, accessories and electrical supplies construction 384 Transport material construction 385 Professional and scientific equipment manufacturing, measuring and control instruments n.e.c., and photographic apparatus and optical instruments. 390 Other manufacturing industries n.e.c. : Not previously specified Large division 7. Transport, storage and communications. 711 Land transport 712 Water transport 713 Air transport 719 Ancillary transport services 720 Communications Large division 8. Financial establishments, insurance, real estate and services provided to businesses 810 Financial establishments 820 Insurance 831 Real estate 832 Services provided to businesses, excluding rental and leasing of machinery and equipment 833 Rental and leasing of machinery and equipment Large
division 9. Community, social and personal services 910 Public administration and defense 920 Sanitation and similar services 931 Public instruction 932 Research and scientific institutes 933 Medical and dental services: other health and veterinary services 934 Social assistance institutes 935 Commercial, professional and labor associations 939 Other social services and related community services 941 Cinematic films and other entertainment services 942 Libraries, museums, botanical and zoological gardens and other cultural services, n.e.c. 949 Entertainment and leisure services, n.e.c. 951 Repair services, n.e.c. 952 Laundries and laundry services: cleaning and dyeing establishments 953 Domestic services 959 Diverse personal services 960 International organizations and other extraterritorial bodies
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“entities detailed in Communication "A" 275 of 01.14.83”
“even if they are not expressly covered by Communication “A” 407 of 10.11.83.”
“Debtors who have not registered in the Debtors Registry, created by Communication "A" 407 of 11.10.83, must do so up to three business days before the deadline corresponding to them”
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