Rule · BCRA · 17 Feb 2006 · A 4499
Financial institutions must file the APAEF annual informational regime for directors, audit committee or supervisory council members, responsible representatives of local branches of foreign entities, general managers (or deputy general managers), compliance officers and designated managers, using application version 4.0, with forms a–f (point A.1.6 subjects omitting forms d and f), optical support, and notarized Individual and Joint Sworn Declarations within 20 business days; the deadline is the 20th of the month following the last Income Tax and Personal Assets Tax sworn-declaration expiration. EAEF evaluation applies to new designations, requiring sections a–e and reporting changes within 5 days. Disqualified persons are prohibited, including undischarged bankrupts and sanctioned officials.
2006- Year of homage to Dr. Ramón CARRILLO
COMMUNICATION “A“ 4499
17/02/2006
TO THE FINANCIAL INSTITUTIONS:
Ref.: Circular
Crefi 2 - 49
We address you to inform you that the regulations related to the Informational Regimes of the reference have been modified, establishing changes in the procedure for their submission.
Likewise, we point out that in light of the new application to be made available to financial institutions (version 4.0), the Annex outlines the steps to follow for cases of submission for the evaluation of new appointments of authorities of financial institutions.
Regarding those financial institutions that are in a situation of non-compliance with respect to previous periods, they may make the submission using the application to be replaced (which allows integrations of partial information) until 30.06.06, as the final and non-extendable deadline to regularize said situation.
On the other hand, in the cases provided for in Communication “A” 2241, amendments and supplements, with respect to those persons who must submit information of “Background of promoters, founders, directors, administrators, members of supervisory councils, trustees or managers” -Personal Background Form (formerly Form 1113)- and who are not included in this communication, only the application made available by this Central Bank of the Argentine Republic must be used in order to integrate the forms. The printed originals of the forms, generated through the use of the application, will be signed by their holders, with the signatures of the Individual Sworn Statement legalized by Public Notary, with certification of the respective notarial association, and presented together with the rest of the requirements before this Governing Body.
For the submission of this information, the provisions to be disseminated through the RUNOR Circular that will complement this one must be taken into account.
These Informational Regimes are covered by the provisions on submission of information to the Central Bank of the Argentine Republic established in Chapter II of the RUNOR-1 Circular.
We greet you very attentively.
CENTRAL BANK OF THE ARGENTINE REPUBLIC
Marcelo A. Retorta
Deputy Manager of Entities
Foreign Exchange and Information
Daniel H. Merlo
Deputy General Manager of
Compliance and Control a/c
B.C.R.A.
INFORMATIONAL REGIMES PERSONAL BACKGROUND
OF AUTHORITIES OF FINANCIAL INSTITUTIONS AND
EVALUATION OF AUTHORITIES OF FINANCIAL
INSTITUTIONS
Annex to
Com. “A”
4499
The requirements will be integrated from the use of the application “Personal Background of Authorities of Financial Institutions” (version 4.0), available on the Internet site of the Central Bank of the Argentine Republic, “Other topics- applications –applications and updates”.
The application consists of the following sections, whose models complement these, which must be integrated according to the particularities of each requirement:
a) Personal background
b) Background in financial activity
c) Other employment background
d) Manifestation of assets
e) Individual Sworn Statement
f) Joint Sworn Statement
In all cases, if the lack of veracity or consistency in the information provided is verified, the provisions set forth in article 41 of the Law on Financial Institutions and its regulatory provisions may be applied, with respect to the person who has incurred in said lack.
A.1.1. Members of the board of directors -regular and alternate- or board of administration,
A.1.2. Members of the audit committee or supervisory council –regular and alternate-,
A.1.3. Responsible representatives of the administration, in the case of local branches of foreign entities,
A.1.4. General managers. In case there is no designated general manager, the deputy general managers will be included,
A.1.5. Responsible for the generation and compliance of informational regimes -regular and alternate-, when they are not informed according to the above, and
A.1.6. The managers designated by the financial institutions, according to the definition contained in Circular CREFI – 2, Chapter I, Section 1., Point 1.1.2. (with the exception of those included in point A.1.4.).
All subjects must complete forms a, b, c, d, e and f, with the exception of those indicated in point A.1.6., who must not complete form d) Manifestation of assets and f) Joint Sworn Statement.
Version: COMMUNICATION “A“ 4499
Effective:
17/02/2006
Page
B.C.R.A.
INFORMATIONAL REGIMES PERSONAL BACKGROUND
OF AUTHORITIES OF FINANCIAL INSTITUTIONS AND
EVALUATION OF AUTHORITIES OF FINANCIAL
INSTITUTIONS
Annex to
Com. “A”
4499
Likewise, the subjects –with the exception of those covered by point A.1.6.- must submit the information from forms a, b, c and d in optical support, according to the instructions of the respective RUNOR Circular.
The form referred to as “Manifestation of Assets” shall be completed in accordance with the information provided by the declarants to the Federal Administration of Public Revenue, at the time of the presentations of the annual sworn declarations of the Income Tax and Personal Assets Tax. In the case of residents abroad, it must be adjusted to the information presented before the fiscal control body of the place of residence, expressed in national currency.
The data related to the position code and the type and number of document declared must coincide with those reported in the Institutional Information requirement of the Financial Institutions, and the correspondences made known through Communication “B” 7255 must be taken into consideration.
All covered subjects must complete the Individual Sworn Declaration, and have their signatures legalized before a Public Notary, with certification from the respective notarial association. The same shall remain at the entity at the disposal of the Central Bank of the Argentine Republic and of the Superintendency of Financial and Exchange Institutions.
The included subjects, with the exception of those covered in point A.1.6., must submit the Joint Sworn Declaration that will be delivered to them via email upon validating the submission of the optical support, signed by all the persons involved and their signatures legalized by a public notary, with certification from the respective notarial association, within a period no greater than 20 business days.
The information that must remain at the entity at the disposal of the Central Bank of the Argentine Republic and of the Superintendency of Financial and Exchange Institutions are the printed originals of the Personal Background Forms generated through the use of the application signed by their holders, which includes the Individual Sworn Declaration, with the signatures legalized by a public notary and certification from the respective notarial association.
With respect to the subjects covered by point A.1.6., annually the Audit Committee of each entity shall carry out the control regarding the disqualifications provided in art. 10 of the Financial Institutions Law, with respect to each designated officer, leaving record of the result of said procedure in the corresponding registry.
§ Optical support.
§ Printed Joint Sworn Declaration.
Version: COMMUNICATION “A“ 4499
Effective:
17/02/2006
Page
| B.C.R.A. | INFORMATIONAL REGIMES PERSONAL BACKGROUND OF AUTHORITIES OF FINANCIAL INSTITUTIONS AND EVALUATION OF AUTHORITIES OF FINANCIAL INSTITUTIONS | Annex to Com. “A” 4499 |
|---|
The expiration for its presentation shall operate on every 20th of the month following the one in which the last expiration for the presentation of the annual sworn declarations of the Income Tax and Personal Assets Tax occurs.
Version: COMMUNICATION “A“ 4499
Effective:
17/02/2006
Page
B.C.R.A.
INFORMATIONAL REGIMES PERSONAL BACKGROUND
OF AUTHORITIES OF FINANCIAL INSTITUTIONS AND
EVALUATION OF AUTHORITIES OF FINANCIAL
INSTITUTIONS
Annex to
Com. “A”
4499
B.1.1. Members of the board of directors -titular and alternate- or board of administration,
B.1.2. Responsible representatives of the administration, in the case of local branches of foreign entities,
B.1.3. General managers. In the case that there is no designated general manager, the deputy general managers shall be included.
The subjects to be evaluated must complete sections a, b, c, d and e.
All covered subjects must complete the Individual Sworn Declaration and have their signatures legalized before a Public Notary with certification from the respective notarial association.
§ Optical media.
§ Individual Sworn Statement with signatures certified by a public notary and certification by the respective notarial association.
Said sworn statement must be submitted together with the rest of the requirements established by Communication "A" 2241, its amendments and supplements, before this Supervisory Authority.
When there is a new appointment in financial institutions, according to the deadlines established in Communication "A" 2241, its amendments and supplements.
On the other hand, when any modification to the reported information occurs, it must be reported by submitting the Personal Background form within 5 (five) days of the occurrence of the change.
Version: COMMUNICATION "A" 4499
Effective date:
17/02/2006
Page
CENTRAL BANK OF THE ARGENTINE REPUBLIC
Superintendency of Financial and Exchange Institutions
1.1. I declare under oath that the data provided in this form are correct, complete and a faithful expression of the truth and that none of the disqualifications established by article 10 of the Law on Financial Institutions for serving as promoter, founder, director, administrator, member of the supervisory board, statutory auditor, liquidator or manager applies to me, as detailed below:
a) Those affected by the disqualifications and incompatibilities established by article 264 of the Law on Commercial Companies, namely:
1. Those who cannot engage in commerce;
2. Those declared bankrupt due to culpable or fraudulent bankruptcy until ten years after their rehabilitation;
3. those declared bankrupt due to ordinary bankruptcy or those in insolvency proceedings until five years after their rehabilitation; the directors or administrators of a company whose conduct is classified as culpable or fraudulent, until ten years after their rehabilitation;
4. Those convicted with the accessory penalty of disqualification from holding public office; those convicted of theft, robbery, fraud, bribery, issuing checks without funds and crimes against public trust; those convicted of crimes committed in the incorporation, operation and liquidation of companies. In all cases until after ten years from the completion of the sentence;
5. Public administration officials whose duties relate to the corporate purpose of the company, until two years after leaving their duties.
b) Those disqualified from holding public office;
c) Those in default as debtors of financial institutions;
d) Those disqualified from holding current accounts or other accounts of a similar nature, until three years after said measure has ceased;
e) Those disqualified by application of subsection 5) of article 41 of the Law on Financial Institutions, for the duration of their sanction; and
f) Those who by decision of a competent authority have been declared responsible for irregularities in the governance and administration of financial institutions.
I am also not subject to the incompatibilities that, for serving as statutory auditor, are determined by article 286, subsections 2 and 3 of the Law on Commercial Companies, which refer respectively to:
The directors, managers and employees of the same company or of another controlled or controlling company, and
The spouses, relatives by consanguinity in the direct line, collateral relatives up to the fourth degree inclusive and relatives by marriage within the second degree, of the directors and general managers.
1.2. Likewise, I undertake to report any modification that occurs in this regard, through the entity and within five days of its occurrence.
In compliance with the Reporting Regime "Personal Background of Authorities of Financial Institutions", I declare that the information included in the CD identified by No. .................... and the Mark ......................................... was generated on the basis of the data included in the "Personal Background" Form held by the entity and matches them.
Entity code:
Name:
Surname and Name:
Position or Function:
Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notarial Certification of the signature
In compliance with the provisions made known through Communication "A" 2241, its amendments and supplements, I declare that the information included in the CD identified by No. .................... and the Mark ......................................... was generated on the basis of the data included in the "Personal Background" Form held by the entity and matches them.
Entity code:
Name:
Surname and Name:
Position or Function:
Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notarial Certification of the signature
CENTRAL BANK OF THE ARGENTINE REPUBLIC
Superintendency of Financial and Exchange Institutions
1.1. We declare under oath that the data provided in this form are correct, complete and a faithful expression of the truth and that none of the disqualifications established by article 10 of the Law on Financial Institutions for serving as promoters, founders, directors, administrators, members of the supervisory board, statutory auditors, liquidators or managers applies to us, as detailed below:
a) Those affected by the disqualifications and incompatibilities established by article 264 of the Law on Commercial Companies, namely:
1. Those who cannot engage in commerce;
2. Those declared bankrupt due to culpable or fraudulent bankruptcy until ten years after their rehabilitation; those declared bankrupt due to ordinary bankruptcy or those in insolvency proceedings until five years after their rehabilitation; the directors or administrators of a company whose conduct is classified as culpable or fraudulent, until ten years after their rehabilitation;
3. Those convicted with the accessory penalty of disqualification from holding public office; those convicted of theft, robbery, fraud, bribery, issuing checks without funds and crimes against public trust; those convicted of crimes committed in the constitution, operation and liquidation of companies. In all cases until after ten years from the completion of the sentence;
4. Public administration officials whose duties relate to the purpose of the company, until two years after ceasing their functions.
b) Those disqualified from holding public office;
c) Defaulting debtors of financial institutions;
d) Those disqualified from being holders of current accounts or others of a similar nature, until three years after such measure has ceased;
e) Those disqualified by application of subsection 5) of article 41 of the Law on Financial Institutions, for the duration of their sanction; and
f) Those who by decision of a competent authority have been declared responsible for irregularities in the governance and administration of financial institutions.
We are also not affected by the incompatibilities that, for service as statutory auditors, are determined by article 286, subsections 2 and 3 of the Commercial Companies Law, which refer respectively to:
The directors, managers and employees of the same company or of another controlled or controlling company, and
The spouses, relatives by consanguinity in the direct line, collateral relatives up to the fourth degree inclusive and relatives by affinity within the second, of the directors and general managers.
1.2. Likewise, we undertake to report any modification that occurs in this regard, through the entity and within five days of its occurrence.
In compliance with the Information Regime “Personal Background of Authorities of Financial Institutions”, we declare that the information included in the CD identified by No. .................... and the Brand ......................................... was generated on the basis of the data included in the “Personal Background” Form existing in the entity and coinciding with them.
Entity code:
Name:
Position / Function:
Surname and Name:
Signature:
Notarial Certification of signatures
CENTRAL BANK OF THE ARGENTINE REPUBLIC
SUPERINTENDENCE OF FINANCIAL AND EXCHANGE INSTITUTIONS PERSONAL BACKGROUND
| CODE | ENTITY | DAY | MONTH | YEAR | |
|---|---|---|---|---|---|
| SURNAME | NAMES | ||||
| POSITION OR FUNCTION HELD OR TO BE HELD IN THE ENTITY | MANDATE / APPOINTMENT | ||||
| FROM | UNTIL | ||||
| MONTH | YEAR | MONTH | YEAR | ||
| DOCUMENT TYPE | DOCUMENT NUMBER | SEX | NATIONALITY | YEARS OF RESIDENCE | |
| MALE FEMALE | |||||
| BIRTH | |||||
| DAY | MONTH | YEAR | LOCALITY | PROVINCE | COUNTRY |
| MARITAL STATUS | SPOUSE'S SURNAME | SPOUSE'S NAMES | |||
| FATHER'S SURNAME | FATHER'S NAMES | MOTHER'S SURNAME | MOTHER'S NAMES | ||
| PRIVATE RESIDENCE | |||||
| ADDRESS | POSTAL CODE | ||||
| LOCALITY | PROVINCE | COUNTRY | |||
| SPECIAL RESIDENCE | |||||
| ADDRESS | TELEPHONE | ||||
| POSTAL CODE | LOCALITY | PROVINCE | COUNTRY | ||
| CUIT / CUIL / CDI | PROFESSION | ||||
| STUDIES COMPLETED IN THE COUNTRY AND ABROAD | |||||
| LEVEL | INSTITUTION | LOCALITY - COUNTRY | DEGREE OBTAINED | ||
| PRIMARY | |||||
| SECONDARY | |||||
| NON-UNIVERSITY TERTIARY | |||||
| UNIVERSITY | |||||
| OTHERS | |||||
| BACKGROUND IN FINANCIAL ACTIVITY | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| PLACE | POSITION OR FUNCTION | ENTITY | ADDRESS - LOCALITY - COUNTRY | PERIOD | |||||
| FROM | TO | ||||||||
| MONTH | YEAR | MONTH | YEAR |
| OTHER WORK BACKGROUND | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| PLACE | POSITION OR FUNCTION | ENTITY | ADDRESS - LOCALITY - COUNTRY | PERIOD | |||||
| FROM | TO | ||||||||
| MONTH | YEAR | MONTH | YEAR |
A S S E T S Value (1)
As of 31/12/....(2) As of 31/12/....(3)
I. CASH (4)
II. CASH DEPOSITS
[1] - In accordance with the valuation criteria established in the Income Tax and Personal Assets Tax laws.
[2] - Prior fiscal period.
[3] - Current fiscal period.
[4] - When cash exceeds 5% of the individual amount to be paid in, the origin must be justified.
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