2010-06-24 | A 5091Added
The Central Bank of the Argentine Republic mandates financial entities to replace Section 2 of the regulations on savings deposits, remuneration payments, and special accounts with new text effective July 12, 2010. Financial institutions must refund any commissions collected from May 14, 2010, on remuneration accounts that were not permitted under Article 124 of the Employment Contract Regime by July 12, 2010. Existing accounts used for salary payments opened before May 14, 2010, must be converted to salary accounts, and all special remuneration accounts must be clearly distinguished from other deposit types.
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"2010 - YEAR OF THE BICENTENNIAL OF THE MAY REVOLUTION" COMMUNICATION “A” 5091 24/06/2010
TO FINANCIAL ENTITIES:
Ref.: Circular
OPASI 2 - 411
LISOL 1 - 522
SERVI 1 - 60
Law 26.590, reform of article 124 of the Employment Contract Regime. Normative adjustments to the referred provision.
____________________________________________________________ We address you to inform you that this Institution adopted the following resolution:
“1. Replace Section 2 of the regulations on “Savings deposits, payment of remuneration and special accounts” with the text attached as an annex and which forms part of this resolution.
2. Order that financial entities shall apply these provisions with effect from 12.07.10.
Any commissions, not admitted by article 124 of the Employment Contract Regime (text according to Law 26.590), that have been collected from 14.05.10 in accounts designated for the crediting of remuneration, must be reimbursed to the respective holders by 12.07.10 at the latest. Accounts in which the worker receives their remuneration that were open on 14.05.10 will continue to be used for the crediting of salaries through their conversion to “salary account” under the terms provided in the regulations referred to in point 1 of this resolution.
3. Establish that special accounts for the crediting of remuneration (salary account) opened in financial entities must be clearly distinguished from other types of deposit accounts.
The use of the words “salary”, “remuneration” or others that could induce the depositor to confusion regarding the nature and type of account that they hold or are offered, when it does not concern the aforementioned special accounts, will not be admitted.
4. Replace point 3.3 of Section 3 of the regulations on “Cooperative credit unions (Law 26.173)” with the following:
-2-
3.3. Savings box.
The provisions contained in Section 1., in Section 2., in Section 3., in point 4.4. of Section 4. (as applicable to natural or legal persons, respectively) and in Section 5. of the regulations on “Savings deposits, salary account and special accounts” shall be applicable. Consequently, debits made in these accounts may not generate a negative balance.”
Finally, we send you the sheets that, in replacement of those previously provided, must be incorporated into the ordered texts of the regulations on “Savings deposits, salary account and special accounts”, “Cooperative credit unions (Law 26.173)”, “Minimum capital of financial entities”, “Minimum cash” and “Payment of withdrawals and military pensions”. Likewise, we remind you that on the website of this Institution www.bcra.gov.ar, accessing “regulations” (“ordered texts”), the modifications made with texts highlighted in special characters (strikethrough and bold) will be found.
We salute you very attentively.
CENTRAL BANK OF THE ARGENTINE REPUBLIC
Darío C. Stefanelli Alfredo A. Besio
Manager of Emission of Regulations
General Manager of Regulations
TO THE ATTENTION OF
ANNEX
2.6. Commissions.
2.7. Remuneration.
2.8. Closing of accounts.
2.9. Delivery of the regulations to the holders.
2.10. Custody of documentation.
2.11. Additional services.
2.12. Other provisions.
Section 3. Basic Account.
3.1. Intervening entities.
.
3.2. Holders.
3.3. Identification and tax status of the holder.
3.4. Opening and requirements.
3.5. Currency.
3.6. Information security.
3.7. Deposits and other credits.
3.8. Withdrawal of funds.
3.9. Free movements.
3.10. Remuneration.
3.11. Agreements to formulate debits.
3.12. Reversal of direct debits.
3.13. Account summary.
3.14. Closing of accounts.
3.15. Guarantee of deposits.
3.16. Recommendations for the use of ATMs.
B.C.R.A. UPDATED ORDERED TEXT OF THE REGULATIONS ON SAVINGS DEPOSITS, SALARY ACCOUNT AND SPECIAL ACCOUNTS Version: 9th COMMUNICATION “A” 5091 Validity:
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3.17. Delivery of the text of the regulations.
3.18. Debit card.
3.19. Other provisions.
Section 4. Special.
4.1. Severance Fund for Construction Industry Workers.
4.2. For closed circles.
4.3. Pupil usury.
4.4. Current.
4.5. Special current accounts in foreign currency.
4.6. Special for guarantees of futures and options operations.
4.7. Savings box for the payment of the universal allowance for children for social protection -Decree No. 1602/09-.
Section 5. General provisions.
5.1. Identification.
5.2. Tax status.
5.3. Recommendations for the use of ATMs.
5.4. Guarantee of deposits.
5.5. Interest rates.
5.6. Return of deposits.
5.7. Immobilized balances.
5.8. Discriminatory acts.
5.9. Mandatory closing of the account.
5.10. Procedure manual.
Section 6. Transitional provisions.
Correlation table.
B.C.R.A. UPDATED ORDERED TEXT OF THE REGULATIONS ON SAVINGS DEPOSITS, SALARY ACCOUNT AND SPECIAL ACCOUNTS Version: 4th COMMUNICATION “A” 5091 Validity:
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1.1. Intervening entities.
1.1.1. First-degree commercial banks.
1.1.2. Financial companies.
1.1.3. Credit unions.
1.1.4. Savings and loan societies for housing or other real estate.
1.2. Holders.
Natural persons capable of contracting or freely disposing of the proceeds of their lawful work.
1.3. Identification and tax status of the holder.
It will be verified based on the documents that holders must present, adjusted to what is provided in points 5.1. and 5.2. of Section 5.
In addition, the following data will be required at a minimum:
1.3.1. Full names and surnames.
1.3.2. Place and date of birth.
1.3.3. Address.
1.3.4. Profession, trade, industry, commerce, etc.
1.3.5. Marital status.
1.4. Opening and operation of accounts. Requirements.
In the event that the customer opts for the opening of a savings box, the pertinent record of the express offer of the “Basic Account” referred to in Section 3. and the decision of the applicant not to have accepted that type of account must be added to the opening background. SAVINGS DEPOSITS, PAYMENT OF REMUNERATION AND SPECIAL ACCOUNTS B.C.R.A. Section 1. Savings box. Version: 9th COMMUNICATION “A” 5091 Validity:
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Precautions must be taken to prevent the opening of accounts with fake, inauthentic documentation or in the name of persons whose documents do not correspond to their presenters. In this matter, it is recommended, in case of not having sufficient references or assurances about the new customer, to issue instructions that prior to processing the deposit of checks, aspects such as the age of the account, its movement, permanence of deposits and any other precaution that practice makes advisable, without harming the legitimate interests of honest customers, are taken into account. Entities must pay attention to the operation of accounts with the purpose of avoiding that they can be used in relation to the development of illicit activities. Internal norms and procedures must be adopted to verify that the movement registered in the accounts bears reasonableness with the activities declared by the customers.
1.5. Currencies.
1.5.1. Pesos.
1.5.2. United States dollars.
1.5.3. Other currencies.
At the request of the entities, the Central Bank of the Argentine Republic may authorize the collection of deposits in other currencies.
1.6. Deposits and other credits.
1.6.1. Counter deposits under agreed conditions.
The receipts used must contain, at a minimum, the following data:
1.6.1.1. Name of the financial entity.
1.6.1.2. Names and surname and account number.
1.6.1.3. Amount deposited.
1.6.1.4. Place and date.
1.6.1.5. When it comes to deposits of checks or official payment orders, the name of the drawn entity and the amount of each of the deposited documents.
SAVINGS DEPOSITS, SALARY ACCOUNT AND SPECIAL ACCOUNTS B.C.R.A. Section 1. Savings box.
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In the case of bearer checks or checks payable to a specific person -with or without the “non-order” clause- and that are delivered by their beneficiary to a third party for collection management through their presentation at the counter or through their deposit in an account for electronic compensation, the signature and clarification of the principal or orderer of the management and their personal identification number -according to the regulations on “Valid identification documents”- must be recorded on the back, in the case of natural persons or CUIT or CDI in the case of legal persons, regardless of the existence or not of the document that instruments the mandate. Additionally, any of the following expressions will be inserted: “in procuration”, “value for collection” or “for its collection management”, as a manifestation of the effects of that endorsement. The obligation to record the personal identification number or CUIT or CDI, as applicable, and the legend mentioned above falls, indistinctly, on the principal or orderer and the agent or manager
1.6.1.6. Stamp of the receiving house, unless mechanized security writings are used.
Alternative means such as the magnetic card or personal key identification that guarantee the genuineness of the operations may be used, extending the pertinent record of the deposit issued mechanized.
1.6.2. Deposits in ATMs.
The pertinent record will be issued with the essential data of the operation.
Entities must have implemented information security mechanisms that guarantee the genuineness of the operations.
1.6.3. Transfers -including electronic-, telephone orders, through “internet”, etc.
The record in the account summary (point 1.11.) will be proof of the operation.
Entities must have implemented information security mechanisms that guarantee the genuineness of the operations.
1.6.4. Capitalized interests and other credits.
1.7. Withdrawal of funds.
1.7.1. At the counter, under agreed conditions, through documents that meet the characteristics of a receipt.
Other alternative means such as the magnetic card or personal key identification that guarantee the genuineness of the operations may be used, extending the pertinent record of the transaction. Version: 6th COMMUNICATION “A” 5091 Validity:
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SAVINGS DEPOSITS, SALARY ACCOUNT AND SPECIAL ACCOUNTS B.C.R.A. Section 1. Savings box.
1.7.2. Through ATMs and operations carried out through terminals at points of sale.
The pertinent record will be issued with the essential data of the operation.
Entities must have implemented information security mechanisms that guarantee the genuineness of the operations.
1.7.3. Transfers -including electronic-, telephone orders, through “internet”, etc.
The record in the periodic summary (point 1.11.) will be proof of the operation.
Entities must have implemented information security mechanisms that guarantee the genuineness of the operations.
1.7.4. Internal debits, automatic for the payment of taxes and services, commissions and other concepts, under agreed conditions.
1.7.5. Movements -whatever their nature- may not generate a negative balance.
1.8. Remuneration.
1.8.1. Interests.
The applicable rates will be determined freely between the parties.
Interests will be settled for periods not less than 30 days and will be credited to the account on the dates agreed.
If applicable, the minimum balances required to settle interests will be specified.
1.8.2. Other modalities.
Other forms of remuneration in addition to or in replacement of the interest rate may be agreed upon, aspects that must be specified clearly and legibly in the contract.
1.9. Agreements to formulate debits.
As a prior requirement to the opening of an account, the express consent of the holders must be obtained for the amounts to be debited for the following concepts, to the extent that they are agreed.
1.9.1. Operations inherent to the entity (payment of loans, rental of safety deposit boxes, etc.).
SAVINGS DEPOSITS, SALARY ACCOUNT AND SPECIAL ACCOUNTS B.C.R.A. Section 1. Savings box.
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1.9.2. Collection service 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, utility or private service bills, credit card summaries, etc. when the customer's knowledge is assured with a minimum advance of 5 business days regarding the date fixed for the debit that the holder has contracted.
In the event that the customer formalizes their adherence to the automatic debit service through the service provider company, tax collection agency, etc., in order to make the debits, the communication that the company or entity sends to the entity notifying the adherence will be sufficient, the record of which may remain with the company or entity. The customer may formalize their adherence to the automatic debit system through the financial entity in which they maintain their account or through the service provider company, tax collection agency, etc. to the extent that, 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.
Commissions and expenses must be detailed, with mention of amounts and percentages, as well as the dates and/or periodicity of these debits, including, among others, those corresponding to:
Account opening.
Account maintenance.
Issuance and sending of account summaries or automatic debits.
Counter or ATM operations of the entity.
Settlement of values presented for collection or checks excluded from the clearing house regime.
Deposits or withdrawals in houses other than those in which the accounts are located.
Rejection of third-party checks.
SAVINGS DEPOSITS, SALARY ACCOUNT AND SPECIAL ACCOUNTS B.C.R.A. Section 1. Savings box.
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Provision of deposit receipts.
Issuance and delivery of debit or ATM cards.
Automatic debits.
Use of ATMs of other entities or networks in the country or abroad.
Third-party deposits (collections).
Out-of-hours deposits.
Certification of signatures.
Immobilized balances.
1.9.4. Modifications in the conditions or amount of commissions or expenses whose debit has been accepted must be communicated to the holder and obtain their consent, with at least 5 business days prior to their application.
Whenever there is no express rejection by the customer, the new conditions may be applied after a period of not less than 30 calendar days, counted from the date of expiration of the period established for the sending or making available of the summaries, unless certified notification to the customer is opted for, in which case this period is reduced to 5 days. In the case of changes that mean a decrease in commissions or expenses, the new amounts may be applied without waiting for the passage of the aforementioned periods. Funds debited for commissions or expenses without the prior knowledge of the customers or despite their opposition, as established above, must be reimbursed to the holders within 5 business days following the date on which they present their complaint to the entity. Additionally, the amount of expenses incurred for obtaining the reimbursement and the pertinent compensatory interests up to the limit equivalent to 100% of the observed debits will be recognized.
1.10. Reversal of automatic debits.
In the agreements that financial entities conclude with holders for adherence to automatic debit systems for the payment of taxes, utility or private service bills, credit card summaries, etc., a clause must be included that provides for the possibility that the customer orders the suspension of a debit until the business day prior (inclusive) to the due date and the alternative to reverse debits for the total of each operation, upon express instruction of the customer, 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 customer's instruction, provided that the originating company of the debit and only in cases where the amount of the requested reversal exceeds $ 750.-, does not oppose the reversal because the billing difference has been effectively made directly. SAVINGS DEPOSITS, SALARY ACCOUNT AND SPECIAL ACCOUNTS B.C.R.A. Section 1. Savings box. Version: 3rd COMMUNICATION “A” 5091 Validity:
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When it comes to settlements of open system credit cards, 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 reimbursement of the pertinent amounts that have been debited.
1.11. Account summary.
At least quarterly and within 10 calendar days from the established closing date, entities must send to the holder a summary indicating the type of account in question according to the deposit modalities authorized by the Central Bank, with the detail of each of the movements that take place in it -debits and credits-, whatever their concepts, identifying the different types of transaction through a specific code that each entity implements for this purpose and the balances recorded in the period that comprises. It must also be identified in the corresponding statement the operations carried out on behalf of the entity or on behalf of third parties, to the extent that they are deposits of checks for amounts greater than $ 1,000 and that are so identified by the corresponding endorsement, through the unique procedure that each entity opts to apply for this purpose. Additionally, the uniform banking key (CBU) will be stated in the summary so that the customer can formulate their adherence to direct debit services, the current compensation period for the deposit operation of checks and other compensable documents, and, in the place determined by the entity, the total amount debited in the period as “Tax on financial transactions” and the number of the tax identification key (CUIT, CUIL or CDI) of the account holders, according to the records of the depositary. 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. If applicable, entities will report the following minimum data:
1.11.1. When debits corresponding to the automatic debit service occur:
1.11.2. When transfers are made:
i) If the account belongs to the originator of the transfer:
1.12.2.2. Exception.
In cases of accounts that record balances lower than 50 times the value of the postal item known as "certified letter plus" (basic service of up to 150 grs.) from Correo Argentino, a notice may be issued by means of a general publication, once, in two newspapers of circulation in the localities where the offices of the respective entity are located. Such publication, which will contain the data specified in point 1.12.2.1., may be made by each intervening entity, by a group of entities, or by the associations that group them, with express mention of the entities that will apply the provision.
1.13. Guarantee of deposits.
The status of the account with respect to the deposit guarantee insurance system will be specified.
The inclusion of the corresponding legends will be formulated in accordance with what is established in point 5.4. of Section 5.
1.14. Recommendations for the use of automated teller machines (ATMs).
At the time of opening an account that implies the delivery of cards to operate with automated teller machines, the holder must be notified regarding the recommendations and precautions to be taken for their use, in the terms contained in point 5.3. of Section 5.
1.15. Delivery of the text of the regulations.
The complete text of the regulations in force at the date of opening the account will be delivered to the depositor, against a signed receipt.
Modifications to said text will be brought to the holder's attention at the first opportunity they visit the entity's offices for any procedure or operation linked to their account, through reliable notification or through its inclusion in the account summary.
DEPOSITS OF SAVINGS, SALARY ACCOUNT AND SPECIALS B.C.R.A. Section 1. Savings account.
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2.1. Opening.
Authorized entities that possess automated teller machines must open these accounts at the request of employers covered by the obligation to pay remuneration to their staff by crediting the account as provided by the Ministry of Labor, Employment and Social Security, within the framework of what is provided by Article 124 of the Employment Contract Regime (text according to Law 26.590).
2.2. Holder.
An account in pesos will be opened in the name of each dependent worker of the employers included, according to the information they provide and which will contain, at a minimum, surname and names, unique labor identification code (CUIL), and address of each worker. The worker may designate their spouse or cohabitant or a direct relative as co-holder of the account, in order to carry out fund movements that are admitted and other operations authorized by the holder. Once the funds are credited to the salary account, workers may choose to transfer their earnings to other accounts (current or savings) that they explicitly indicate and have opened by their own decision, regardless of the entity, which will be governed by the regulations established for the mentioned accounts.
2.3. Movement of funds.
2.3.1. The crediting of normal and habitual remuneration and other concepts derived from the employment relationship will be admitted, including amounts corresponding to family allowances transferred by the National Social Security Administration (ANSES) and monetary benefits for incapacity derived from Law 24.557 (Law on Occupational Risks).
Likewise, the crediting of amounts corresponding to fiscal, promotional, or commercial reimbursements or from health benefits, as well as personal loans payable through salary withholding or debit in the account, will be admitted.
2.3.2. The withdrawal of funds in the country, at the worker's option, will be carried out according to any of the following alternatives:
2.3.2.1. Through all automated teller machines authorized in the country by any financial entity, without limits on amount (except those expressly agreed for security reasons and/or resulting from operational restrictions of the equipment) or number of withdrawals.
DEPOSITS OF SAVINGS, SALARY ACCOUNT AND SPECIALS B.C.R.A. Section 2. Salary account.
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2.3.2.2. In cash at the counter of the depositing entity, without limits on amount or number of withdrawals when made at the office where the account is located, and in the remaining offices of the entity according to the operational restrictions that may be established by it.
2.3.2.3. By purchases made with the debit card.
2.3.2.4. Payment of taxes, services, and other concepts through electronic channels (ATM, "home banking", etc.) or through the automatic debit system, without limit on the number of adherences.
2.4. Debit card.
A magnetic card allowing operation with automated teller machines and carrying out the other operations provided for in point 2.3.2. must be provided free of charge to the account holder and the co-holder, if any. Replacements due to demagnetization or deterioration (in the latter case up to one per year) must not have a cost.
2.5. Account summary.
A semi-annual summary detailing the movements recorded in the account will be issued free of charge and sent to the holder's address unless the holder expressly states otherwise. The entity's automated teller machine system must provide, free of charge, a slip showing the balance and the last ten operations performed.
2.6. Commissions.
Entities may not charge fees or commissions for the opening of accounts, their maintenance, fund movements, and balance inquiries—even those verified through the use of automated teller machines from different entities and/or networks in the country—provided that the use of the accounts complies with the conditions established in point 2.3. and up to the amount of credits derived from the employment relationship and other concepts provided for in point 2.3.1., accumulating unwithdrawn amounts without time limits. In the event that, by agreement, credits other than those mentioned in point 2.3.1. coexist with balances from the employment relationship, withdrawals made must first affect the amounts from that relationship. The debit and transfer of earnings to the accounts indicated by workers as provided in the third paragraph of point 2.2. must not imply any charge for them.
DEPOSITS OF SAVINGS, SALARY ACCOUNT AND SPECIALS B.C.R.A. Section 2. Salary account.
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2.7. Remuneration.
Entities may freely agree with the parties on the payment of interest on the balances recorded in the accounts, and its settlement may be agreed upon when balances exceed a certain amount.
2.8. Closing of accounts.
The closing of accounts must be communicated by the employer upon the termination of the employment relationship with the worker.
It becomes effective after 60 calendar days have passed, counted from the date of the last credit of funds or the communication—which is later—with point 2.6. being applicable during that period. After that period has elapsed, the remaining funds will be transferred to immobilized balances, without the need to complete any other procedure.
2.9. Delivery of regulations to the holder.
The text with the conditions regulating the operation of these accounts will be delivered to the holder, through their employers, and the entity must keep a record of its receipt by the interested party, which can be formalized in a list prepared for this purpose.
2.10. Documentation retention.
Documentation related to credits in these accounts must be kept in a manner that facilitates compliance with control and supervision according to applicable legal regulations.
2.11. Additional services.
The inclusion of additional financial services in the salary account, not derived from its labor nature or others already provided for in point 2.3.1. of this Section, must be explicitly requested by the worker to the intervening financial entity, with said services clearly established as an annex to the text referred to in point 2.9. In the event that commissions or fees for these additional services are provided, they will be charged from the effective use of the service by the holder and must be recorded in the aforementioned annex.
2.12. Other provisions.
The provisions established for savings deposits in points 1.9., 1.10., 1.13., and 1.14. of Section 1 will apply (when they do not oppose the provisions of this Section). Movements—regardless of their nature—in this account cannot generate a negative balance.
DEPOSITS OF SAVINGS, SALARY ACCOUNT AND SPECIALS B.C.R.A. Section 2. Salary account.
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3.1. Intervening entities.
3.1.1. First-degree commercial banks.
3.1.2. Financial companies.
3.1.3. Cooperative credit unions.
3.1.4. Savings and loan societies for housing or other real estate.
Entities that choose to offer the service of these accounts must communicate this 15 calendar days in advance by a note, signed by the legal representative, addressed to the Superintendence of Financial and Currency Entities.
3.2. Holders.
Natural persons capable of contracting or freely disposing of the proceeds of their lawful work.
3.3. Identification and tax status of the holder.
It will be verified based on the documents that holders must present, in accordance with what is provided in points 5.1. and 5.2. of Section 5.
Additionally, the following data will be required at a minimum:
3.3.1. Full names.
3.3.2. Place and date of birth.
3.3.3. Address.
3.3.4. Profession, trade, industry, commerce, etc.
3.3.5. Marital status.
3.4. Opening and requirements.
The existence of these accounts must be informed to new clients when the opening of a savings account is requested and it is not linked to the granting of financial assistance.
DEPOSITS OF SAVINGS, SALARY ACCOUNT AND SPECIALS B.C.R.A. Section 3. Basic account.
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In the case where the client chooses to open a savings account, the offer provided for in the previous paragraph must be evidenced by adding to the opening background, the relevant record of the explicit offer of the basic account and the applicant's decision to opt for the first. The offer of the basic account cannot be conditioned on the acquisition of other products. Precautions must be taken to prevent the opening of accounts with fake, inauthentic documentation, or in the name of persons presenting documents that do not correspond to their presenters. Entities must pay attention to the operation of accounts with the purpose of avoiding their use in relation to the development of illegal activities. Internal norms and procedures must be adopted to verify that the movement recorded in the accounts is reasonable with the activities declared by the clients. It is recommended, in case of not having sufficient references or assurances about the new client, to issue instructions so that prior to processing the deposit of checks, aspects such as the age of the account, its movement, permanence of deposits, and any other precaution that practice makes advisable are taken into account, without harming the legitimate interests of clients acting honestly.
3.5. Currency.
Pesos.
3.6. Information security.
Entities must have implemented information security mechanisms that guarantee the authenticity of operations.
3.7. Deposits and other credits.
3.7.1. Counter deposits under agreed conditions.
The tickets used must contain, at a minimum, the following data:
3.7.1.1. Name of the financial entity.
3.7.1.2. Names and surname and account number.
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3.7.1.3. Amount deposited.
3.7.1.4. Place and date.
3.7.1.5. When dealing with deposits of checks or official nominative payment orders, the name of the drawn entity and the amount of each of the deposited documents.
In the case of bearer checks or checks payable to a specific person—with or without the clause "not to order"—and delivered by their beneficiary to a third party for collection management by presenting them at the counter or through their deposit into an account for electronic compensation, the signature and clarification of the principal or orderer of the management and their personal identification number—according to regulations on "Valid Identification Documents"—must be recorded on the back, in the case of natural persons, or CUIT or CDI in the case of legal entities, regardless of the existence or not of the document instrumenting the mandate. Additionally, one of the following expressions will be inserted: "in procurement", "value for collection", or "for its collection management", as a manifestation of the effects of that endorsement. The obligation to record the personal identification number, CUIT, or CDI, as applicable, and the aforementioned legend falls, indistinctly, on the principal or orderer and the mandatary or manager.
3.7.1.6. Stamp of the receiving office, unless mechanized security forms are used.
Alternative means such as the magnetic card or personal key identification, which guarantee the authenticity of operations, may be used, extending the pertinent deposit record issued mechanically.
3.7.2. Deposits in automated teller machines and self-service terminals within national territory.
The record with the essential data of the operation will be issued.
3.7.3. Transfers—including electronic ones, telephone orders, via "internet", etc.
The record of the operation in the account summary (point 3.13.) will serve as proof of the operation.
3.7.4. Capitalized interest and other credits.
3.8. Withdrawal of funds.
3.8.1. By counter: under agreed conditions, through documents that meet the characteristics of a receipt.
DEPOSITS OF SAVINGS, SALARY ACCOUNT AND SPECIALS B.C.R.A. Section 3. Basic account.
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Other alternative means such as the magnetic card or personal key identification, which guarantee the authenticity of operations, may be used, extending the pertinent record of the transaction.
3.8.2. Through automated teller machines and operations performed through terminals at points of sale within national territory.
The pertinent record with the essential data of the operation will be issued.
3.8.3. Transfers—including electronic ones, telephone orders, via "internet", etc.
The record of the operation in the periodic summary (point 3.13.) will serve as proof of the operation.
3.8.4. Internal debits, automatic payments for taxes and services, commissions, and other concepts, under agreed conditions.
3.8.5. Purchases at affiliated merchants, made with a debit card.
The pertinent record with the essential data of the operation will be issued.
3.8.6. Movements—regardless of their nature—cannot generate a negative balance.
3.9. Fee-free movements.
3.9.1. The following operations will be fee-free:
3.9.2. The following operations will be fee-free for the client, per calendar month:
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It will be considered, in all cases, the first operations performed, originating from any of the concepts indicated below:
3.10. Remuneration.
The applicable interest rate will be determined freely between the parties.
Interest will be settled for expired monthly periods and credited to the account on agreed dates.
Additional incentives or stimuli to the interest rate cannot be agreed upon.
3.11. Agreements to formulate debits.
To the extent that they are agreed upon, prior and express consent of the holders must be evidenced so that amounts are debited for the following concepts:
3.11.1. Operations inherent to the entity (payment of loans, rental of safety deposit boxes, etc.).
3.11.2. Collection service operations on behalf of third parties, contracted directly with the entity or through said third parties (automatic or direct debits) for the payment of taxes, fees, contributions, and public or private service bills, credit card statements, etc., provided that the client's knowledge is assured with a minimum advance of 5 business days prior to the date fixed for the debit contracted by the holder.
In the event that the client formalizes their adherence to the direct debit service through the service provider company, tax collection agency, etc., for the purpose of making debits, it will be sufficient for the company or entity to send a notification to the entity notifying the adherence, the record of which may remain with the company or entity. The client may formalize their adherence to the direct debit system through the financial entity in which they hold their account or through the service provider company, tax collection agency, etc., to the extent that, in pertinent aspects, the previously mentioned requirements are observed. The same option will apply to express the disaffection or cancellation of a service of this system. Adherence to this direct debit mechanism is conditioned on the possibility of reversing operations under the conditions established in point 3.12.
3.11.3. Commissions.
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The following commissions will be freely agreed upon at the time of opening or subsequently:
3.11.3.1. Account maintenance.
3.11.3.2. For movements in quantities additional to those provided in point 3.9.
3.11.3.3. For other concepts such as: transfer management service, rejection of third-party checks, certification of signatures, etc.
Commissions must be detailed, mentioning their amounts, which must be unique, uniform for all clients and for all types of movements involved, as well as the dates and/or periodicity of these debits.
3.11.4. Modifications in the conditions or amount of commissions whose debit has been accepted must be communicated to the holder and obtain their consent, at least 5 business days prior to their application.
Whenever there is no explicit rejection by the client, the new conditions may be applied after a period of no less than 30 calendar days, counted from the date of expiration of the term established for sending or making available the summaries, unless reliable notification to the client is chosen, in which case this period is reduced to 5 days. In the case of changes that imply a decrease in commissions or expenses, the new amounts may be applied without waiting for the passage of the aforementioned periods. Funds debited for commissions without the prior knowledge of clients or despite their opposition, as established above, must be reimbursed to the holders within 5 business days following the date on which they present their claim to the entity. Additionally, the amount of expenses incurred to obtain the reimbursement and the relevant compensatory interest up to a limit equivalent to 100% of the observed debits must be recognized.
3.12. Reversal of direct debits.
In the agreements that financial entities conclude with holders for adherence to direct debit systems for the payment of taxes, public or private service bills, credit card statements, etc., a clause must be included providing for the possibility that the client orders the suspension of a debit until the business day prior (inclusive) to the due date and the alternative to reverse debits for the total of each operation, upon an explicit instruction from 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. In cases where the amount of the requested reversal exceeds $ 750.-, provided that the originating company of the debit does not oppose the reversal because the billing difference has been effectively collected directly, its return will be required. When dealing with settlements of open system credit cards, in place 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 statements and the reimbursement of the relevant amounts that have been debited.
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3.13. Account Summary.
The periodic issuance of summaries detailing the movements recorded in accounts is not mandatory.
Instead, the entity's ATM system must provide the customer with a free receipt showing the balance and the last 10 transactions performed.
When adherence to the payment of taxes, services, and other concepts via direct debit has been registered, a summary of payments made shall be issued free of charge to the customer, at least once every four months, which will be made available to the account holder at the offices of the branch where the account was opened. The summary shall state the type of account in question - in accordance with the deposit modalities authorized by the Central Bank -, the uniform banking key (CBU) so that the customer can adhere to direct debit services, and, in the place determined by the entity, the total amount debited in the period for "Financial Transactions Tax" and the tax identification key number (CUIT, CUIL or CDI) of the account holders, according to the records of the depository. 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. If applicable, entities shall report the following minimum data:
3.13.1. When debits corresponding to the direct debit service occur:
3.13.2.2. If the account belongs to the recipient of the transfer:
Such publication, which shall contain the data stated in point 1.12.2.1., may be made by each intervening entity, by a group of entities, or by the associations grouping them, with express mention of the entities that will apply the provision.
3.15. Deposit Guarantee.
The status of the account with respect to the deposit guarantee insurance system shall be specified.
The incorporation of the corresponding legends shall be formulated in accordance with what is established in point 5.4. of Section 5.
3.16. Recommendations for the use of ATMs.
At the time of opening an account that implies the delivery of cards to operate with ATMs, it will be necessary to notify the holder about the recommendations and precautions to be taken for their use, in the terms contained in point 5.3. of Section 5.
3.17. Delivery of the text of the rules.
The complete text of the regulations in force at the date of account opening shall be delivered to the depositor, against a signed receipt.
Modifications to said text shall be brought to the attention of the holder, at the first opportunity they attend the entity's offices for any procedure or operation related to their account, through reliable notification or through their inclusion in the account summary.
3.18. Debit Card.
At the request of the account holder, a magnetic card shall be provided to each holder that allows operating in ATMs and performing the other operations provided for, with two magnetic cards being free of charge. Replacements due to demagnetization shall not cost the customer.
3.19. Other provisions.
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4.1. Labor Severance Fund for Workers in the Construction Industry.
4.1.1. Intervening Entities.
First-degree commercial banks shall open special deposit accounts, designated as "Labor Severance Fund for Workers in the Construction Industry - Law 22.250", at the request of persons obligated to make contributions to said fund.
4.1.2. Holders.
Each account shall be opened in the name of the worker for whom the respective employer makes deposits at their request and without any conditions, even if they do not possess the corresponding Labor Registration Credential. It shall only record and leave a record of their unique labor identification code (CUIL). These accounts shall not generate commissions or expenses of any kind for the beneficiary.
4.1.3. Currency.
Pesos.
4.1.4. Remuneration.
The balances registered in these accounts shall accrue interest calculated based on the daily rate equivalent to the weighted average effective monthly interest rate of savings and fixed-term deposits in pesos, corresponding to the second business day prior to each day, according to the survey conducted by the Central Bank of the Argentine Republic.
4.1.5. Deposits.
4.1.5.1. Minimum or maximum amounts shall not be determined.
4.1.5.2. They may be made in cash, transfers, checks, or drafts drawn on the same paying houses of said documents and which are also recipients of the funds. Values from other entities shall not be accepted.
4.1.5.3. The following shall be used:
i) Special deposit slips, according to the model inserted in point 4.1.10., which banks will provide. 4 copies shall be integrated with the following destinations:
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4.1.6.4. Within 48 hours of the termination of the employment relationship, the employer shall request the transfer of the funds to a special account opened in the name of the worker in the place where the relevant labor contract was executed or, if not possible, in the nearest banking center.
4.1.7. Labor Registration Credential and Complementary and Accessory Mobile Sheet.
4.1.7.1. Procedures related to the issuance of the Credential shall be carried out by the obligated parties before the Institute of Statistics and Registration of the Construction Industry.
4.1.7.2. The employer - duly registered with the Institute of Statistics and Registration of the Construction Industry - shall print in triplicate the Mobile Sheet of the Labor Severance Fund contained in the said Credential, which shall be complementary and accessory to it.
4.1.7.3. In the event of loss or theft of the Mobile Sheet of the Labor Severance Fund, such circumstance shall be communicated to the bank without delay.
4.1.7.4. Upon presentation of the said Mobile Sheet to the bank by the employer (their successors, or the trustee or liquidator), due to the cessation of the employment link, the balance of the account as of that date (principal and interest) shall be immediately registered and returned immediately to the presenter.
4.1.7.5. The presentation of the Mobile Sheet of the Labor Severance Fund is necessary to process withdrawals or transfers of funds, in which case the corresponding registrations shall be made on the said Mobile Sheet.
4.1.7.6. Annotations on the Mobile Sheet shall be made when all the required data corresponding to the employer and the worker have been recorded.
4.1.8. Registration.
4.1.8.1. A register of opened accounts shall be kept, in which the identities of the worker and the employer shall appear at minimum, the type and number of the worker's document, and the registration number in the Institute of Statistics and Registration of the Construction Industry of the employer.
4.1.8.2. The bank shall assign a number to each special account.
4.1.9. Other provisions.
4.1.9.1. Upon opening the account, the bank shall deliver to the employer, against a signed receipt, two copies of the complete and updated text of these regulations, one of which shall, in turn, be delivered to the worker.
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4.1.9.2. Employers are obligated to immediately notify banks of their address changes, as well as those of the corresponding workers, as they come to their knowledge.
4.1.9.3. At least once a year, banks shall send to the Institute of Statistics and Registration of the Construction Industry a list of accounts that have had no movement for 24 months, indicating the name and document of the worker, name and registration number of the employer, balance as of the date of the information, and date of the last movement.
4.1.9.4. The status of the account with respect to the deposit guarantee insurance system shall be specified in accordance with what is established in point 5.4. of Section 5.
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4.1.10. Model of deposit slip.
ACCOUNT NO.................
BANK:...................................................................................................................... .............
CREDIT NOTE for the special account:
"LABOR SEVERANCE FUND FOR WORKERS IN THE CONSTRUCTION INDUSTRY - LAW 22.250"
from:............................................................................................................................................
Surname and names
Address:.................................................................................................................................
Street No.
Locality:............................................................................Province:.....................................
Type and No. of document:..........................................................................................................
CONTRIBUTION CORRESPONDING TO THE MONTH OF.............................................OF ...................
CASH.........................................................................................
Check No...........................................................charged to the house Draft TOTAL $
In pesos.................................................................................................................................
..................................................................................................................................................
Surname and names or corporate name of the employer/depositor:................................................
..................................................................................................................................................
Address:..................................................................................................................................
Street No.
Locality:................................................................... Province:..............................................
No. of registration in the I.E.R.I.C.:.............................................................................................
......................................................,.....................of..........................................of ..................
...............................................
Signature of the depositor
(1)
RECEIVED BY THE BANK
Stamp Signature of the cashier
Copy for (2).
Integrate all items clearly by machine or by hand with printed letter with ink or ballpoint pen. Carbon paper shall not be used.
(1) The number of the copy shall be indicated.
(2) The recipient of the copy shall be recorded.
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4.2. For closed circles.
4.2.1. Intervening Entities.
Financial entities may open "special accounts for closed circles" to entities authorized by the General Inspectorate of Justice to operate with savings plans, individually for each group they administer.
4.2.2. Holders.
Each account shall be opened in the name of the subscribers who form the corresponding group.
4.2.3. Term.
Each deposit shall remain for a period of no less than 14 days. Consequently, withdrawals before that period has elapsed shall not be admitted.
4.2.4. Interest.
4.2.4.1. Rate.
The one contractually agreed upon, which shall not be lower than the rate in effect for savings deposits nor higher than that offered on the day of the deposit for 30-day fixed-term deposits.
4.2.4.2. Capitalization.
As agreed, provided that the duration of the periods does not exceed one month. Interest corresponding to balances subject to the minimum permanence requirement may only be capitalized after the pertinent period has elapsed. The provision of point 4.2.3. shall not apply to the withdrawal of capitalized interest.
4.2.5. Withdrawal of funds.
In accordance with what is provided in point 4.2.3., up to 4 withdrawals for any reason per calendar month shall be admitted, without limit on the amount. An additional withdrawal shall be admitted to enable the closing of the account, provided that each of the deposits made has remained for a minimum of 14 days. SAVINGS DEPOSITS, SALARY ACCOUNT AND SPECIALS B.C.R.A. Section 4. Specials. Version: 4th. COMMUNICATION “A” 5091 Validity:
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4.2.6. Account Summary.
Depository financial entities shall send to the administering society, within 8 calendar days after the end of each calendar month, a summary of the account with the detail of deposits, withdrawals, and balances recorded in the period it covers, asking for their written conformity. If the administrator does not receive the summary within that period, they shall claim it within the following 15 calendar days. Conformity with the movement recorded in the entity shall be presumed if within 30 calendar days of the expiration of the respective period, no objection is filed or the delivery of the summary is not claimed due to not having received it. In no case shall the term be less than 10 calendar days from the delivery of the summary by the financial entity.
4.2.7. Closing.
It shall operate once the final accounting to the subscribers is concluded, with the balances visible - without accruing interest - under general conditions, with notice to the administering entity at the last registered address.
4.2.8. Other provisions.
The provisions established for savings deposits in points 1.5., 1.9.3., 1.9.4. and 1.13. of Section 1 shall apply.
4.3. Usury Pupil Deposits.
The rules established for savings deposits in points 1.2., 1.3. (only identification), 1.5. to 1.8., 1.11. and 1.13. to 1.15. of Section 1 shall apply. The interest rate shall be applied to the total of the deposit without any limitation. SAVINGS DEPOSITS, SALARY ACCOUNT AND SPECIALS B.C.R.A. Section 4. Specials. Version: 4th. COMMUNICATION “A” 5091 Validity:
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4.4. Current.
4.4.1. Intervening Entities.
All financial entities may open "Special Current Accounts for Legal Entities", in accordance with this regulation.
4.4.2. Identification and Fiscal Status of the Holder.
At minimum, the following data shall be required:
4.4.2.1. Name or corporate name.
4.4.2.2. Real and legal addresses.
4.4.2.3. Copy of the contract or social statutes.
4.4.2.4. Date and number of registration in the pertinent official registry.
4.4.2.5. List of authorities and representatives authorized to use the account, regarding whom the requirements established for natural persons (point 1.3. of Section 1.) shall be fulfilled.
4.4.3. Opening and Operation. Safeguards.
Safeguards shall be taken to prevent the opening of accounts to non-existent persons due to the presentation of inauthentic documentation.
Entities shall pay attention to the operation of accounts with the purpose of avoiding their use in relation to the development of illicit activities. Internal norms and procedures shall be adopted to verify that the movement recorded in the accounts is reasonable with the activities declared by the clients.
4.4.4. Currencies.
4.4.4.1. Pesos.
4.4.4.2. United States Dollars.
4.4.4.3. Other currencies.
At the request of the entities, the Central Bank of the Argentine Republic may authorize the collection of deposits in other currencies.
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4.4.5. Deposits and other credits.
4.4.5.1. Deposits via teller or ATMs.
When slips are used, they must contain, at a minimum, the following data:
i) Name of the financial entity. ii) Legal name of the holder and account number. iii) Amount deposited. iv) Place and date. v) When referring to deposits of checks or official payment orders made out to a specific payee, the name of the drawee entity and the amount of each of the deposited documents. In the case of checks payable to bearer or to a specific person -with or without the "not to order" clause- and which are delivered by their beneficiary to a third party for collection management through presentation at the teller window or through deposit into an account for electronic clearing, the back of the check must bear the signature and clarification of the principal or ordering party of the management and their personal identification number -according to the regulations on "Valid Identification Documents"- in the case of natural persons, or CUIT or CDI in the case of legal entities, regardless of the existence or not of the document instrumenting the mandate. Additionally, one of the following expressions will be inserted: "in procuration", "value for collection" or "for its collection management", as a manifestation of the effects of that endorsement. The obligation to record the personal identification number or CUIT or CDI, as applicable, and the aforementioned legend falls, indistinctly, on the principal or ordering party and the agent or manager. vi) Stamp of the receiving house, unless mechanized security writings are used. Alternative means such as magnetic cards or identification by personal key may be employed, guaranteeing the genuineness of the operations, extending the pertinent deposit record issued mechanically. Regarding the execution of operations through ATMs, entities must have implemented computer security mechanisms that guarantee the genuineness of the operations and provide for the issuance of the pertinent record with the essential data of the operation.
4.4.5.2. Through transfers -including electronic-, telephone orders, via "Internet", etc.
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The record in the account summary (point 4.4.10.) will be proof of the operation.
Entities must have implemented computer security mechanisms that guarantee the genuineness of the operations.
4.4.5.3. Other credits, including -among them- those originating in the granting of loans and in the collection of receivables.
4.4.6. Debits.
4.4.6.1. Via teller, under agreed conditions, through documents that meet the characteristics of a receipt.
Other alternative means such as magnetic cards or identification by personal key may be employed, guaranteeing the genuineness of the operations, extending the pertinent record of the transaction. Debits for the sale of "counter checks" and "financial payment checks" issued by the entity and "cancellation checks" may be contemplated.
4.4.6.2. Transfers, regardless of their form -personal, electronic, telephone, via "Internet", etc.-, which must be ordered by one of the natural persons included in the list referred to in point 4.4.2.5.
Entities must have implemented computer security mechanisms that guarantee the genuineness of operations carried out in a non-personal manner.
4.4.6.3. Internal debits, automatic for the payment of taxes and services, commissions and other concepts, under agreed conditions.
4.4.6.4. Withdrawals through ATMs and operations carried out through terminals at points of sale.
Entities must have implemented computer security mechanisms that guarantee the genuineness of these.
4.4.6.5. Movements -regardless of their nature- cannot generate a debit balance.
4.4.7. Remuneration.
Interest cannot be recognized on the deposit balances in these accounts.
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4.4.8. Agreements to formulate debits.
As a prior requirement to the opening of an account, the express consent of the holders must be obtained for amounts to be debited for the following concepts, to the extent they are agreed upon.
4.4.8.1. Operations typical of the entity (payment of loans, rental of safety deposit boxes, etc.).
4.4.8.2. Collection service 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 levies, utility or private service invoices, credit card statements, 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 account holder has contracted.
In the event that the client formalizes their 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 for the company or entity to send communication to the entity notifying the adherence, the record of which may remain with the company or entity. The client may formalize their adherence to the automatic debit system through the financial entity in which they maintain their account or through the service provider company, tax collection agency, etc., to the extent that, 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 4.4.9.
4.4.8.3. Commissions freely agreed upon at the time of opening or subsequently, for the services provided by the entity.
Commissions and expenses must be detailed, with mention of amounts and percentages, as well as the dates and/or periodicity of these debits, including, among others, those corresponding to:
Account opening.
Account maintenance.
Issuance and sending of account summaries or automatic debits.
Operations via teller or ATMs of the entity.
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Settlement of securities presented for collection or checks excluded from the clearing house regime.
Deposits or withdrawals in houses other than those in which the accounts are located.
Rejection of third-party checks.
Provision of deposit slips.
Issuance and delivery of debit cards or for use in ATMs.
Automatic debits.
Use of ATMs of other entities or networks in the country or abroad.
Third-party deposits (collections).
Out-of-hours deposits.
Certification of signatures.
Immobilized balances.
4.4.8.4. Modifications in the conditions or amount of commissions or expenses whose debit has been accepted must be communicated to the holder and obtain their consent, with at least 5 business days' advance notice before their application.
Provided there is no express rejection by the client, the new conditions may be applied after a period of no less than 30 calendar days, counted from the expiration date of the period established for the sending or making available of the summaries, unless opting for reliable notification to the client, in which case said period is reduced to 5 days. In the case of changes that signify decreases in commissions or expenses, the new amounts may be applied without the need to wait for the aforementioned periods to elapse. Funds debited for commissions or expenses without prior knowledge of the clients or despite their opposition, as established above, must be reimbursed to the holders within 5 business days following the date on which they present their claim to the entity. Additionally, the amount of expenses incurred for obtaining the reimbursement and the pertinent compensatory interest up to a limit equivalent to 100% of the observed debits will be recognized. SAVINGS DEPOSITS, PAYROLL ACCOUNTS AND SPECIALS B.C.R.A. Section 4. Specials. Version: 4th. COMMUNICATION "A" 5091 Validity:
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4.4.9. Reversal of automatic debits.
In the agreements that financial entities conclude with holders for adherence to automatic debit systems for the payment of taxes, utility or private service invoices, credit card statements, 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 due date and the alternative to reverse debits for the total of each operation, upon express instruction from the client, within 30 calendar days counted from the date of the debit. The return will be effected within 72 business hours following the date on which the entity receives the client's instruction, provided that the originating company of the debit and only in cases where the amount of the requested reversal exceeds $ 750.-, does not oppose the reversal because the billing difference has been effectively made directly. When it comes to settlements of open system credit cards, in place of the aforementioned reversal procedure, entities must have implemented mechanisms that allow users to manage through them the reversal of coupons included in the settlements and the reimbursement of the pertinent amounts that have been debited.
4.4.10. Account Summary.
At least quarterly and within 10 calendar days from the established closing date, entities must send to the holder a summary, indicating the type of account involved according to the deposit modalities enabled by the Central Bank, with the detail of debits and credits -whatever their concepts- and the balances recorded in the period covered. The summary will state the Uniform Bank Key (CBU) so that the client can adhere to automatic debit services, and in the place determined by the entity, the total amount debited in the period as "Financial Transactions Tax" and the tax identification key number (CUIT, CUIL or CDI) of the account holders, according to the records of the depositary. It will be an obligation to record the data of up to three of its holders; when they exceed this number, the total quantity will also be indicated. If applicable, entities will report the following minimum data:
4.4.10.1. When debits corresponding to the automatic debit service occur:
Name of the service provider company, tax collection agency, etc., to which the debited funds were destined.
Client identification in the company or entity (surname and name or code or account, etc.).
Concept of the operation causing the debit (month, bimonth, installment, etc.).
Amount debited.
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Date of debit.
4.4.10.2. When transfers are made:
i) If the account belongs to the originator of the transfer:
Discretionary information at the discretion of the originating company or individual.
Amount transferred.
Date of the transfer.
ii) If the account belongs to the recipient of the transfer:
Name of the originating person or company.
CUIT, CUIL or DNI number of the originator.
Unique reference of the transfer.
Total amount transferred.
Date of the transfer.
Conformity with the movement recorded in the entity will be presumed if within 60 calendar days of the expiration of the respective period, a claim has not been filed with the entity.
4.4.11. Closing of accounts.
4.4.11.1. By decision of the holder.
Prior communication to the depositary entity, in the agreed times and forms.
4.4.11.2. By decision of the entity.
Prior communication to the holders by mail -via certified piece- granting a period of no less than 30 calendar days before proceeding to close the account and transfer the funds to immobilized balances. In addition, in the communication, reference will be made to the commission to be applied to these amounts upon expiration of the said period.
4.4.12. Guarantee of deposits.
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 in accordance with what is established in point 5.4 of Section 5.
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4.4.13. Recommendations for the use of ATMs.
At the time of opening an account that implies the delivery of cards to operate with ATMs, it will be necessary to notify the holder about the recommendations and precautions they must take for their use, in the terms contained in point 5.3 of Section 5.
4.4.14. 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 via "Internet" at the address www.bcra.gov.ar., aspect that will also be recorded in the account summaries referred to in point 4.4.10.
4.5. Special demand accounts in foreign currency.
4.5.1. Intervening entities.
Banking entities may open "Special demand accounts in foreign currency", in accordance with this regulation.
4.5.2. Holders.
Official bodies or entities in charge of the execution of loan or donation agreements signed with multilateral credit organizations for the financing of investment projects.
4.5.3. Identification and tax status of the holder.
4.5.3.1. Natural persons.
The current provisions for the opening of savings accounts will apply.
4.5.3.2. Legal persons.
The current provisions for the opening of special current accounts for legal persons will apply.
4.5.4. Currency.
United States dollar or other foreign currencies.
4.5.5. Deposits.
Only deposits in the currency in which the account is open for the channeling of respective disbursements will be admitted.
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4.5.6. Debits.
Under agreed conditions, through documents that meet the characteristics of a receipt. The withdrawal of funds in cash can only be done via teller.
4.5.7. Remuneration.
Applicable rates will be determined between the parties.
Interest will be settled for periods not less than 30 days and credited to the account on the dates agreed upon.
If applicable, the minimum balances required to settle interest will be specified.
4.5.8. Commissions.
They will be freely agreed upon at the time of opening or subsequently.
4.5.9. Other provisions.
In matters of fund crediting, summaries, account closure and guarantee of deposits, a similar treatment to that established in points 4.4.5. and 4.4.10. to 4.4.12. will apply.
4.6. Special for guarantees of futures and options operations.
4.6.1. Intervening entities.
Financial entities may open "Special accounts for guarantees of futures and options operations", in accordance with this regulation.
4.6.2. Holders.
Self-regulated markets subject to the control of the National Securities Commission. These demand accounts may be maintained in financial entities for the deposit of the guarantees required in futures and options operations carried out in said markets.
4.6.3. Identification and tax status of the holder.
At a minimum, the following data will be required:
4.6.3.1. Name or corporate name.
4.6.3.2. Real and legal addresses.
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4.6.3.3. Copy of the contract or social statute.
4.6.3.4. Date and number of registration in the pertinent official registry.
4.6.3.5. List of authorities and authorized representatives to use the account, regarding whom the requirements established for natural persons (point 1.3 of Section 1.) must be fulfilled.
4.6.4. Currency.
United States dollars.
4.6.5. Deposits.
Only the crediting of amounts in United States dollars corresponding to the constitution of guarantees required by self-regulated markets in connection with the negotiation and maintenance of futures and options contracts will be admitted. To this effect, foreign exchange operations in the single and free foreign exchange market will be admitted, through the financial entity in which the special account is located, by debiting demand accounts in pesos. Such operations may be carried out by each of the operators or globally by the respective market for the net amount resulting from the commitments of the operators.
4.6.6. Debits.
Only the settlement of guarantees constituted by operators at maturity or cancellation of operations will be admitted, which will be converted to pesos through the corresponding foreign exchange operation in the single and free foreign exchange market, employing the procedure provided for in point 4.6.5.
4.6.7. Compensations.
If on a given day there were release of guarantee margins by maturity or cancellation of contracts and at the same time new guarantees had to be replenished or constituted, operations may be compensated and, if applicable, the remainder settled.
4.6.8. Other provisions.
In matters of commissions, the corresponding amounts must be debited from the peso accounts that the respective self-regulated market holds in the financial entity. Regarding provisions referred to summaries, account closure and guarantee of deposits, a similar treatment to that established in points 4.4.10. to 4.4.12. will apply. Likewise, fund transfers between special accounts enabled under this regulation may be carried out. SAVINGS DEPOSITS, PAYROLL ACCOUNTS AND SPECIALS B.C.R.A. Section 4. Specials. Version: 2nd. COMMUNICATION "A" 5091 Validity:
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Regarding provisions referred to summaries, account closure and guarantee of deposits, a similar treatment to that established in points 4.4.10. to 4.4.12. will apply.
4.7. Savings box for the payment of the universal child allowance for social protection -Decree No. 1602/09-
4.7.1. Opening.
Financial entities will open these accounts at the request of the National Social Security Administration (ANSES) in the name of the holders reported by that body, supplying as a minimum: surname and name and national identity document.
4.7.2. Identification of holders.
It will be verified by presenting the National Identity Document of the holders, in accordance with what is provided in article 14 ter -item b- of Law 24.714 and amendments.
4.7.3. Deposits.
Only the crediting of benefits corresponding to the allowance, fiscal reimbursements, promotions of the financial entity and other concepts derived from the same benefit, in pesos, will be admitted.
4.7.4. Fee-free movements.
At a minimum, the following operations:
4.7.6. Account Summary.
The periodic issuance of summaries detailing movements recorded in accounts is not mandatory.
In its place, the bank depositary's automated teller machine (ATM) system must provide a slip showing the balance and the last ten transactions performed. This is without prejudice to the beneficiary's right to personally request an account summary at the corresponding branch.
4.7.7. Account Closure.
Accounts will be closed due to the absence of debit or credit movements during a period of 180 consecutive days.
At that time, remaining funds will be transferred to ANSES without the need to complete any other procedure, with the sole exception of balances corresponding to credits linked to tax benefits and/or reimbursements for promotions, which will be directed to immobilized balances as provided in point 5.7. of Section 5 of these regulations.
4.7.8. Delivery of Regulations to Holders.
Financial entities must deliver to holders the complete text of points 4.7.2. to 4.7.8. of this regulation along with the conditions linked to the assignment card, at the time of delivery of the debit card. The depositary bank must keep a record of its availability by the interested party, which may be formalized in a list prepared for this purpose.
4.7.9. Custody of Documentation.
Documentation related to the opening and deposit of assignments in these accounts (copy of the holder's national identity document, lists provided by ANSES for the opening and crediting of benefits, record of the delivery of the regulations and card provided for in point 4.7.8.) must be kept in a manner that facilitates compliance with the control and supervision of the applying authority provided for by Decree 1602/09 or, if applicable, the legal norm that stipulates it.
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5.1. Identification.
At the time of account opening, natural persons who are holders or for whose order an account is registered, legal representatives of legal entities, etc., will use one of the documents indicated below:
5.1.1. Argentines.
i) National Identity Document. ii) Enrolment Booklet. iii) Civic Booklet.
5.1.2. Foreigners settled from 1.1.1970.
i) National Identity Document - Foreigners.
5.1.3. Foreigners entered into the country with permanent or temporary status, with a stay period of more than three months and not yet settled.
i) Passport from bordering countries. ii) Identity card issued by the competent authority of the respective bordering countries.
5.1.4. Foreigners with less than three months of stay in the country.
i) Entry permit to the Republic, issued by the National Directorate of Migrations or by an Argentine consular official. ii) Passport - visaed by Argentine consular authority, unless treaties signed by the Republic exempt from this. iii) Individual card, issued by the National Directorate of Migrations. iv) Identity card or any other identification document issued by the competent authority of the respective bordering countries.
5.1.5. Foreigners who are international officials and diplomatic representatives and officials.
i) Identification documents corresponding issued by the Ministry of Foreign Affairs, International Trade and Worship.
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5.1.6. Others.
As provided for in the regulations on "Valid Identification Documents".
5.2. Tax Status.
Legal or natural persons who are holders or for whose order an account 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:
5.2.1. Unique Tax Identification Key (CUIT).
5.2.2. Unique Labor Identification Code (CUIL).
5.2.3. Identification Key (CDI). Depositary entities will manage compliance with this requirement through the process generated by the Federal Administration of Public Revenues for such purposes.
5.3. Recommendations for the use of automated teller machines (ATMs).
5.3.1. Financial entities that provide magnetic cards to be used in operations with automated teller machines must alert and recommend to users the precautions they must take to ensure their correct use.
The notification of these recommendations must be made at the time of account opening 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 be necessary to place - visibly in the places where automated teller machines are located - signs with the precautions that users of the system must adopt.
5.3.2. The following recommendations and precautions are listed, which as a minimum must be communicated to users:
5.3.2.1. Request from bank staff all the information deemed necessary regarding the use of automated teller machines at the time of accessing the service for the first time or in case of any doubt that may arise subsequently.
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5.3.2.2. Change the identification or access code or key or personal password ("password", "PIN") assigned by the entity, to one selected by the user, which must not be their personal address or date of birth or any other number that can be easily obtained from documents kept in the same place as their card.
5.3.2.3. Do not disclose the personal key number nor write it on the provided magnetic card or on a paper kept with it, as this code is the key to enter the system and therefore to their accounts.
5.3.2.4. Do not enter the personal key in the presence of unrelated persons, even if they intend to help, nor lend the magnetic card to third parties, as it is for personal use.
5.3.2.5. Keep the magnetic card in a safe place and verify its existence periodically.
5.3.2.6. Do not use automated teller machines when there are messages or abnormal operation situations.
5.3.2.7. When performing a deposit operation, ensure to introduce the envelope containing the cash or checks together with the first receipt issued by the machine during the process of that transaction, in the specific slot for that function, and remove the receipt that the machine delivers at the end of the operation, which will serve for a potential subsequent claim.
5.3.2.8. Do not forget to remove the magnetic card at the end of operations.
5.3.2.9. If the machine retains the card or does not issue the corresponding receipt, immediately communicate this situation to the bank with which one operates and to the bank administering the automated teller machine.
5.3.2.10. In case of loss or theft of the card, immediately report this situation to the bank that issued it.
5.3.2.11. In case of withdrawals where there are differences between the receipt issued by the machine and the amount actually withdrawn, communicate this circumstance to the banks in which the operation was made and the administrator of the system, in order to solve the problem.
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5.4. Deposit Guarantee.
5.4.1. Legend.
In all documents representing passive operations (deposit slips, receipts issued by automated teller machines, account summaries, etc.), the following legend must appear, visibly and printed on the front or back of them:
"Deposits in pesos and in foreign currency are guaranteed up to $ 30,000. In accounts in the name of two or more persons, the guarantee will be prorated among their holders. In no case, the total guarantee per person may exceed $ 30,000, regardless of the number of accounts and/or deposits. Law 24.485, Decree 540/95 and Com. "A" 2337 and its modifiers and complements. Excluded are those captured at rates higher than the reference rate and those that have had special incentives or stimuli in addition to the interest rate." In case any of the situations cited at the end or if it is a deposit of securities, it will be necessary to place visibly on the front of the documents the following legend:
"Deposit without guarantee"
This last requirement will not apply when operations are carried out through automated teller machines belonging to networks that enable the operational interconnection of financial entities.
5.4.2. Information to the client.
Entities must keep available to their clientele the complete and updated texts of Law 24.485, Decree 540/95 (updated text) and the regulations on "Deposit Guarantee Insurance System".
5.4.3. Advertising.
5.4.3.1. In financial entity premises.
On boards where rates offered to the clientele are informed, the scope of the guarantee (type of operation, its condition of being included or not in the regime, percentage and guaranteed amount, exceptions, etc.) must be transcribed visibly.
5.4.3.2. In other media.
In the advertising carried out by financial entities, related to the deposits they capture, the existence of a limited guarantee for its return or its absence must be stated, as the case may be.
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5.5. Interest Rates.
5.5.1. Forms of Agreement.
Interest rates will be freely agreed between financial entities and clients, in accordance with the regulations governing each type of operation.
5.5.2. Base and Settlement Modalities.
They will be settled on the invested capitals from the date of receipt of funds until the day before the maturity or withdrawal or the day of closure of the calculation period, as the case may be, and will be capitalized or paid in arrears, according to the agreed conditions.
5.5.3. Fixed Divisor.
365 days.
5.5.4. Expression.
Interest rates must be expressed in a homogeneous and transparent manner within the financial market so that the investing public has comparable elements for their evaluation.
5.5.5. Exposure in Documents.
In all operations, regardless of their instrumentation, it corresponds that in contracts, receipts, or other documents related to clients, where rates or interest amounts are specified, explicit record of the following aspects must be left.
5.5.5.1. Contractually agreed annual interest rate, as a percentage with two decimals.
5.5.5.2. Effective annual interest rate equivalent to the calculation of interest in arrears, as a percentage with two decimals.
5.5.5.3. Fixed or variable nature of the interest rate, with indication in the latter case of the parameters used for its determination and the periodicity of the change.
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5.5.6. Calculation of the Effective Annual Interest Rate.
In operations where, according to the contract, interest is calculated in arrears for periodic settlements or entirely and determined proportionally from an annual rate, the following formula will be used:
i={[(1 + is * m/df * 100) df/m]-1}*100 where i: effective annual interest rate, equivalent to the calculation of interest in arrears on balances, as a percentage, with two decimals. is: contractually applied annual interest rate, as a percentage. m: number of days corresponding to each of the sub-periods of interest settlement when charged periodically, or of the operation when charged in a single opportunity. When these sub-periods are in fixed days for monthly, bimonthly, etc. periods, they are considered for these purposes as 30 days, 60 days, etc., respectively. df: 365.
5.5.7. Advertising.
5.5.7.1. In financial entity premises.
Entities must display on boards placed in customer service locations information on interest rates, as a percentage with two decimals, of the different investment modalities they offer to their clients, for operations in pesos, in foreign currency or in securities, with the following detail:
i) Nominal annual interest rate. ii) Effective annual interest rate.
5.5.7.2. In other media or places.
In advertisements or publications carried out through any graphic medium (newspapers, magazines, billboards on the street, etc.), of the different investment alternatives offered, entities must display in a legible and prominent manner the following information:
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i) Nominal annual interest rate. ii) Effective annual interest rate.
5.6. Return of Deposits.
Special accounts, by virtue of the powers conferred by articles 2185, item 4), of the Civil Code and 579 of the Commercial Code, are subject to the following conditions, to which the interested parties are subject without right to any claim.
5.6.1. Reciprocal or Indistinct Order Accounts.
The entity will deliver the total or partial deposit to any of the holders, even in cases of death or subsequent incapacity of the others, provided there is no contrary judicial order.
5.6.2. Joint or Collective Order Accounts.
The entity will deliver the deposit only through a receipt signed by all holders and, in case of death or incapacity of some of them, a judicial order will be required to dispose of the deposit.
5.6.3. Accounts in the name of one or more persons and to the order of another.
5.6.3.1. Entities will deliver, in all cases, the deposit to the person to whose order the account is, except as provided in point 5.6.3.2.
5.6.3.2. If the death or incapacity of the person to whose order the account is occurs, the deposit will be delivered to its holder or to the person to whom the administration of their assets corresponds as established in the Civil Code. If the holder of the account dies, the deposited funds will be available to those who turn out to be their heirs.
5.7. Immobilized Balances.
5.7.1. Transfer.
Generally, funds deposited in deposit accounts will be transferred to "Immobilized Balances" at the time of account closure.
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5.7.2. Notice to Holders.
The application of commissions on immobilized balances will be admitted only to the extent that entities communicate it previously to the holders, referring to its amount - which may not exceed, per calendar month, the value of the postal piece "certified letter plus" (basic service up to 150 grs.) of the Argentine Post - and to the date of validity which may not be less than 30 consecutive days from the communication. Communications will be sent by mail through the indicated certified postal piece.
5.8. Discriminatory Acts.
Entities must adopt the necessary precautions to prevent discriminatory acts against their clientele that originate from any physical disability that persons may have, being applicable, when appropriate, what is provided for in the substantive legislation (Articles 52, 54 and 55 of the Civil Code).
5.9. Mandatory Account Closure.
The account must be closed in case of no movements (deposits or withdrawals made by the holder(s)) or no balance, in both cases for 180 consecutive days. Only commissions for any concept will be admitted up to the concurrence of the account balance, and under no circumstances can debtor balances derived from such a situation accrue or be generated. The account closure must be communicated in advance to its holders by note sent by certified postal piece or, if applicable, through a summary or statement corresponding to this product or other products that the client has in the entity. In the notice to be sent, a period of not less than 30 consecutive days must be granted for the client to choose to keep the account, before proceeding to its closure. These provisions will be applicable to the operations contemplated in this regulation, except those that have a specific treatment to proceed to their closure or whose opening has been ordered by the Judiciary.
5.10. Procedure Manual.
Financial entities will specify in a procedure manual, which must be available to the clientele, the conditions they will observe for the opening, operation and closure of savings accounts, basic accounts and the special current account for legal entities, which must be based on objective criteria, and may not set preferential guidelines for persons or companies linked, in which aspect the definitions adopted by the Central Bank of the Argentine Republic will be taken into account.
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This manual must be sent for the knowledge of the Board of Directors, or equivalent authority, and the Audit Committee of the entity, before 1.9.08, a circumstance that must be recorded in the respective minutes. This procedure will be observed for future modifications and/or adjustments of the same.
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6.1. Basic Account.
Entities that choose not to offer the "Basic Account" must inform this, within a period of 15 consecutive days counted from 06/06/08, through a note signed by their legal representative addressed to the Superintendence of Financial and Exchange Entities. Otherwise, it will be understood that they have opted, with definitive and irrevocable character, to offer it, from 1.9.08, in the terms of the provisions of Section 3.
6.2. Contribution Booklet to the Labor Severance Fund for Workers in the Construction Industry.
The Contribution Booklet (Art. 13 Law 22.250) in its traditional format, in the hands of employers or workers, will remain valid and will circulate simultaneously with the Mobile Sheet of the Labor Severance Fund complementary and accessory to the Labor Registration Credential referred to in point 4.1.7. of Section 4. until its total replacement occurs, as a consequence of having completed all available sheets in said booklet, of its loss or theft or the passage of a period of two years counted from 13.03.09, at which moment its expiration will operate. In the cited cases or when the worker lacks a booklet, the provisions provided for in the cited point 4.1.7. will be observed. While said expiration does not operate, the following procedure will remain valid:
6.2.1. In case of loss or theft of the Contribution Booklet, such circumstance must be communicated without delay to the bank and to the Institute of Statistics and Registration of the Construction Industry and managed before said entity the Labor Registration Credential mentioned in point 4.1.7. of Section 4.
6.2.2. Upon presentation of the booklet to the bank by the employer (their successors, or the trustee or liquidator), upon cessation of the labor link, the balance of the account to that date (capital and interest) will be registered immediately and the booklet will be returned on the spot to the presenter.
6.2.3. The presentation of the booklet will be necessary to process withdrawals or transfers of funds, in which case the corresponding registrations must be made in it.
6.2.4. The annotations in the booklet will be made when all the required data corresponding to the employer and the worker have been recorded.
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ORDERED TEXT ORIGIN NORM
Sec. Point Par. Com. Annex Ch. 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 - Ch. I -
Section 1. and “A” 4368.
1.1.2. “A” 1199
“A” 1823
I 2.
2.1.
1.1.3. “A” 1199
“A” 1823
I 2.
2.1.
1.1.4. “A” 1199
“A” 1823
I 2.
2.1.
1.2. “A” 1653
“A” 1820 I
I 2.1.3.1.
2.2.
S/Com. “A” 2061- pt. 3.,
“A” 3247, pt.1, “A” 4358 and
“A” 5035.
1.3. “A” 3042 1. 1.3.1. S/Com. “A” 3247 – pt. 1.
1° “A” 4809
2° “A” 1199 I 5.7. S/Com. “A” 4809.
3° “A” 1199 I 5.7.
4° “A” 2814 1. 1.1.1.1.
1.4.
5° “A” 2814 1. 1.1.1.2.
1.5.1. “A” 1199 I 2.
1.5.2. “A” 1820 I 2.3.
1.5.3. “A” 1820 I 2.3.
1.6. “A” 3042 S/Com. “A” 3247, “A” 4936,
4971 pt. 16. and 5000.
1° “A” 1653 I 2.1.3.2.3. 1°
“A” 1820 I 2.5. 2°
1.7.1.
2° “A” 3042
1° “A” 1653 I 2.1.3.2.3. 2°
2° “A” 1653 I 2.1.3.2.3. 2°
1.7.2.
3° “A” 3042
1° “A” 1653 I 2.1.3.3. S/Com. “A” 2061 – pt. 3.
2° “A” 3042
1.7.3.
3° “A” 3042
1.7.4. “A” 1653 I 2.1.3.2.2.
1.7.5. “A” 3042
1° “A” 1653 I 2.1.1.1.
“A” 1820 I 2.4.
2° “A” 1653 I 2.1.1.1.
“A” 1820 I 2.4.
1.8.1.
3° “A” 3042
1.8.2. “A” 2468 1. 2°
1.9. “A” 2468 1 1°
1.9.1. “A” 1653 I 2.1.3.2.2.
3.3.
1° “A” 2508 Unique 1° S/Com. “A” 3323.
2° “A” 2621 1. 1°
1.
1.9.2.
3° “A” 2508 Unique 5°
B.C.R.A.
ORIGIN OF THE PROVISIONS INCLUDED IN THE ORDERED TEXT OF THE NORMS ON “SAVINGS DEPOSITS, SALARY ACCOUNT AND SPECIALS”
SAVINGS DEPOSITS, SALARY ACCOUNTS AND SPECIAL ACCOUNTS ORDERED TEXT ORIGIN OF THE PROVISIONS Sec. Point Para. Com. Annex Ch. Sec. Point Para. OBSERVATIONS 4° “A” 3042
1.9.3. “A” 2468 1. 1°
1°
2°
3°
"A" 2468
"A" 2468
"A" 2468
1.
1.
1.
4°
5°
6°
2° “A” 2468 1. 5°
1.9.4.
3°
2°
3°
"A" 2468
"A" 2468
"A" 2468
1.
1.
1.
6°
5°
6°
1.10. 1° “A” 2621 3.
2° “A” 2508 Unico 3°
1° “A” 3042 S/Com. “A” 4809 y “A”
4971 pto. 16 y 5022
1.11.
2° “A” 3042 S/Com. “A” 3323,
4809,
5000 y 5022
1.11.1. “A” 2621 2.
1.11.2. “A” 3014 3. 3.7.1.6.
4° “A” 3042
1.12.1. “A” 3042
1.12.2. “A” 3042 S/Com. “A” 4809.
1.12.2.1 “A” 1199 I 5.2.2. 1° y 2°
“A” 1653 I 2.1.3.4.
1.12.2.2 “A” 1199 I 5.2.2. 3° S/Com. “A” 4809.
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. S/Com. “A” 5091
1° “A” 2590 I 4.4.2. S/Com. “A” 5091
2.2. 2° “A” 2956 S/Com. “A” 5091
3° “A” 5091
2.3. “A” 2590 I 4.4.3. S/Com. “A” 4047 y 5091.
2.4. “A” 2590 I 4.4.4. S/Com. “A” 5091
2.5. “A” 2590 I 4.4.5. S/Com. “A” 5091
2.6. “A” 2590 I 4.4.6. S/Com. “A”4809 y 5091.
2.7. “A” 2590 I 4.4.7. S/Com. “A” 5091
2.8. “A” 2590 I 4.4.8. S/Com. “A” 5091
“A” 2956 I 4.4.9. S/Com. “A” 5091 2.9. “A” 2590 S/Com. “A” 5091
2.10. “A” 2590 I 4.4.10. S/Com. “A” 5091
2.11. “A” 2590 I 4.4.11. S/Com. “A” 5091
1° “A” 2590 I 4.4.12. S/Com. “A” 5091
2.12. 2° “A” 2590 S/Com. “A” 5091
3º “A” 2956 S/Com. “A” 5091
2.
2.13. “A” 5091
3.1. “A” 4809 1.
3.2. “A” 4809 1. S/Com. “A” 5035.
3.3. “A” 4809 1.
3.4. “A” 4809 1.
3.
3.5. “A” 4809 1.
SAVINGS DEPOSITS, SALARY ACCOUNTS AND SPECIAL ACCOUNTS ORDERED TEXT ORIGIN OF THE PROVISIONS Sec. Point Para. Com. Annex Ch. Sec. Point Para. OBSERVATIONS
3.6. “A” 4809 1.
3.7.
“A” 4809
3.19. “A” 4809 1.
“A” 1199 I 4.2.1. 4.1.1. “B” 6360
S/Com. “A” 4532 y
“B” 9516.
1° “A” 1199 I 4.2.2. S/Com. “A” 3042 y
4.1.2. “B” 9516.
2° “A” 3042
4.1.3. “A” 1199 I 4.2.
4.1.4. “A” 1199 I 4.2.3. S/Com. ”A” 1877,
pto. 3°.
4.1.5.1. “A” 1199 I 4.2.4.1.
4.1.5.2. “A” 1199 I 4.2.4.2.
4.1.5.3. “A” 1199 I 4.2.4.3.
4.1.6.1. “A” 1199 I 4.2.5.1.
4.1.6.2. “A” 1199 I 4.2.5.2.
4.1.6.3. “A” 1199 I 4.2.5.3.
4.1.6.4. “A” 1199 I 4.2.5.4.
4.1.7. “A” 1199 I 4.2.6. S/Com. “B” 9516.
4.1.7.1. “A” 1199 I 4.2.6.1. S/Com. “B” 9516.
4.1.7.2. “B” 9516
4.1.7.3. “A” 1199 I 4.2.6.2. S/Com. “B” 9516.
4.1.7.4. “A” 1199 I 4.2.6.4. S/Com. “B” 9516.
4.1.7.5. “A” 1199 I 4.2.6.3. S/Com. “B” 9516.
4.1.7.6. “A” 1199 I 4.2.6.5. S/Com. “B” 9516.
4.1.8.1. “A” 1199 I 4.2.7.1.
4.1.8.2. “A” 1199 I 4.2.7.2.
4.1.9.1. “A” 1199 I 4.2.8.1.
4.1.9.2. “A” 1199 I 4.2.8.2.
4.1.9.3. “A” 1199 I 4.2.8.3.
4.1.9.4. “A” 3042
4.1.10. “A” 1199 I 4.2.9. S/Com. “B” 9516.
4.
4.2.1. “A” 1247 4.3.1.
SAVINGS DEPOSITS, SALARY ACCOUNTS AND SPECIAL ACCOUNTS ORDERED TEXT ORIGIN OF THE PROVISIONS Sec. Point Para. Com. Annex Ch. Sec. Point Para. OBSERVATIONS
4.2.2. “A” 1247 4.3.2.
4.2.3. “A” 1247 4.3.3.
4.2.4.1. “A” 1247 4.3.4.1. S/Com. “A” 3042.
4.2.4.2. “A” 1247 4.3.4.2.
4.2.5. “A” 1247 4.3.5.
4.2.6. “A” 1247 4.3.6.
4.2.7. “A” 1247 4.3.7.
4.2.8. “A” 1247 4.3.8.
4.3. “A” 1199 I 4.1.
4.4. “A” 3250 1.
4.4.1. “A” 3250 1.
4.4.2. “A” 3250 1.
4.4.3. “A” 3250 1.
4.4.4. “A” 3250 1.
4.4.5. “A” 3250 1. S/Com. “A”4936, 4971
pto. 18. y 5000
4.4.6. “A” 3250 1.
4.4.7. “A” 3250 1. S/Com. “A” 5068
4.4.8. “A” 3250 1.
4.4.9. “A” 3250 1.
4.4.10. “A” 3250 1. S/Com. “A” 3323, “A”
3014 pto 3.7.1. y 4809.
4.4.11. “A” 3250 1.
4.4.12. “A” 3250 1.
4.4.13. “A” 3250 1.
4.4.14. “A” 3250 1.
4.5. “A” 3583 1 S/Com. “A” 3827, pto.
3.
4.6. “A” 3566 1. S/Com. “A” 4602, puntos 1 y 2.
4.
4.7. “A” 5007
5.1. "A" 3042
5.1.1. "A" 2885 1.
5.1.2. "A" 2885 2. 2.2.
5.1.3. "A" 2885 2. 2.3.
5.1.4. "A" 2885 2. 2.4.
5.1.5. "A" 2885 2. 2.5. y 2.6.
5.1.6. "A" 3042
5.2. “A” 1891 S /Com. "A" 1922 y “A”
3323 y “A” 4875.
1° "A" 2530 1°
2° "A" 2530 3° y 4°
5.3.1.
3° "A" 2530 5°
5.
5.3.2. "A" 2530 2°
SAVINGS DEPOSITS, SALARY ACCOUNTS AND SPECIAL ACCOUNTS ORDERED TEXT ORIGIN OF THE PROVISIONS Sec. Point Para. Com. Annex Ch. Sec. Point Para. OBSERVATIONS
5.4.1. "A" 1199
"A" 1820 I
I 6.3.
2.6.
S/Com. "A" 2807, pto.
6 – 1° y 2° párr. y Com
“A” 3270.
5.4.2. "A" 2807 6. 3°
5.4.3.1. "A" 2807 6. 5°
5.4.3.2. "A" 2807 6. 4°
5.5.1. "A" 1199 I 5.3.1.
5.5.2. "A" 1199 I 5.3.2.
5.5.3. "A" 1199 I 5.3.3.
5.5.4. "A" 3042
5.5.5. "A" 1199 I 5.3.4.
5.5.6. "A" 1199 I 5.3.4.1. y
5.3.4.3.
5.5.7. "A" 627 1.
5.6. "A" 1199 I 5.1.
5.6.1. "A" 1199 I 5.1.1.
5.6.2. "A" 1199 I 5.1.2
5.6.3. "A" 1199 I 5.1.3.
5.7.1. "A" 1199 I 5.2.1. S/Com. ”A” 3042.
5.7.2. "A" 1199 I 5.2.2. S/Com. ”A” 3042 y “A”
4809.
5.8. "B" 6572
5.9. “A” 4809 6.
5.
5.10. “A” 4809 7.
6. 6.1. “A” 4809 1. S/Com. “B” 9516.
6.2. “A” 1199 I 4.2.6. S/Com. “B” 9516.
COOPERATIVE CREDIT UNIONS (LAW 26.173) B.C.R.A. Section 3. Passive Operations.
3.3. Savings account.
The provisions contained in Section 1., Section 2., Section 3., point 4.4. of Section 4. (as applicable to individuals or legal entities, respectively) and in Section 5. of the rules on “Savings deposits, salary accounts and special accounts” shall apply. Consequently, debits made in these accounts shall not generate a negative balance.
3.4. Time deposits.
The provisions contained in Sections 1. and 3. of the rules on “Time deposits and investments” shall apply.
3.5. Inter-financial obligations.
They may be contracted with other financial entities in the following modalities:
3.5.1. Inter-financial loans taken.
3.5.2. Passive repos of the instruments indicated in point 4.8.7.1.
3.6. Operations with the Central Bank of the Argentine Republic.
3.6.1. Repo operations: may be contracted under the conditions established on a general basis.
3.6.2. Rediscount and/or advances for illiquidity: access may be granted under the conditions established on a general basis.
3.7. Concentration of deposits from the non-financial private sector.
The total consolidated amount registered by each holder, from the second month following the start of activities, shall not exceed the following limits:
3.7.1. During the first year of operation of the cooperative credit union:
10% of the total deposits (capital) in the entity or 150% of the RPC, whichever is greater.
3.7.2. During the second year of operation of the cooperative credit union:
5% of the total deposits (capital) in the entity or 100% of the RPC, whichever is greater.
3.7.3. From the third year of operation of the cooperative credit union:
5% of the total deposits (capital) in the entity or 30% of the RPC, whichever is greater.
Version: 3rd COMMUNICATION “A” 5091 Validity:
24/06/2010 Page 2
B.C.R.A. ORIGIN OF THE PROVISIONS INCLUDED IN THE ORDERED TEXT OF THE RULES ON “COOPERATIVE CREDIT UNIONS (LAW 26.173) ORDERED TEXT ORIGIN OF THE PROVISIONS Sec. Point Para. Com. Annex Ch. Sec. Point Para. OBSERVATIONS
1.1. “A” 4712 Unique 1. 1.1.
1.2. “A” 4712 Unique 1. 1.2.
1.3. “A” 4712 Unique 1. 1.3.
1.4. “A” 4712 Unique 1. 1.4.
1.5. “A” 4712 Unique 1. 1.5.
1.6. “A” 4712 Unique 1. 1.6.
1.
1.7. “A” 4712 Unique 1. 1.7.
2.1. “A” 4712 Unique 2. 2.1.
2.2. “A” 4712 Unique 2. 2.2.
2.3. “A” 4712 Unique 2. 2.3.
2.4. “A” 4712 Unique 2. 2.4.
2.5. “A” 4712 Unique 2. 2.5. According to Com. “B” 9186 and
“A” 5067.
2.6. “A” 4712 Unique 2. 2.6.
2.7. “A” 4712 Unique 2. 2.7. According to Com. “A” 4972
(point 9.).
2.8. “A” 4712 Unique 2. 2.8.
2.
2.9. “A” 4712 Unique 2. 2.9.
3.1. “A” 4712 Unique 3. 3.1.
3.2. “A” 4712 Unique 3. 3.2.
3.3. “A” 4712 Unique 3. 3.3. According to Com. “A” 4809 and
5091
3.4. “A” 4712 Unique 3. 3.4.
3.5. “A” 4712 Unique 3. 3.5.
3.6. “A” 4712 Unique 3. 3.6.
3.
3.7. “A” 4712 Unique 3. 3.7.
4.1. “A” 4712 Unique 4. 4.1.
4.2. “A” 4712 Unique 4. 4.2.
4.3. “A” 4712 Unique 4. 4.3. According to Com. “A” 4891
(points 9 to 12).
4.4. “A” 4712 Unique 4. 4.4.
4.5. “A” 4712 Unique 4. 4.5.
4.6. “A” 4712 Unique 4. 4.6.
4.7. “A” 4712 Unique 4. 4.7.
4.
4.8. “A” 4712 Unique 4. 4.8. According to Com. “B” 9186 and
“A” 4972 (point 6).
5.1. “A” 4712 Unique 5. 5.1.
5.2. “A” 4712 Unique 5. 5.2. According to Com. “A” 5067.
5.3. “A” 4712 Unique 5. 5.3.
5.4. “A” 4712 Unique 5. 5.4.
5.5. “A” 4712 Unique 5. 5.5. According to Com. “A” 5067.
5.6. “A” 4712 Unique 5. 5.6.
5.
5.7. “A” 4712 Unique 5. 5.7.
6.1. “A” 4712 Unique 6. 6.1.
6.2. “A” 4712 Unique 6. 6.2.
6.
6.3. “A” 4712 Unique 6. 6.3.
MINIMUM CAPITALS OF FINANCIAL ENTITIES B.C.R.A. Section 5. Minimum capital for interest rate risk.
5.5. Calculation of included concepts.
The assets and liabilities included in the same month to which those considered for determining the minimum capital requirement for credit risk correspond shall be taken into account. Foreign currency assets and liabilities shall be converted to US dollars according to the exchange rate of the last business day of the month to which they correspond. Cash flows shall include capitals, interests, updates -by the Reference Stabilization Coefficient “CER”- and other accessories. In the case of credits, the flow to mature of capital and interests shall be taken -considering with respect to the latter the suspension of their accrual with respect to credits in which it has been opted for this- net of the application of the percentages of provisioning for uncollectible risk. In the case of debtors classified as “in normal situation” (points 6.5.1. and 7.2.1. of the rules on “Classification of debtors”) and financings that are covered with preferred guarantees “A”, only 50% of the required amount shall be deducted. For these purposes, the cash flows for financings to be allocated in each time band shall be considered net of the provable uncollectible risk provisions, taking into account the resulting proportion according to the debtor's classification for the month to which the requirement calculation corresponds. The positions in each calculable asset, not subject to minimum capital requirement for market risk, shall be determined according to the methodology referred to in point 6.5.3. of Section 6.
5.6. Allocation to time bands.
5.6.1. Fixed rate operations.
5.6.1.1. General criterion.
The cash flows of these operations shall be allocated to the time bands according to their contractual situation.
5.6.1.2. Special criteria.
A treatment different from the contractual situation shall be given to the following concepts:
i) 50% of the average of the balances of current accounts and savings accounts of the month to which the “VaRR” calculation corresponds, excluding from this latter concept the “Severance Fund for Construction Industry Workers” and “Salary” accounts. Version: 8th COMMUNICATION “A” 5091 Validity:
24/06/2010 Page 5
MINIMUM CAPITALS OF FINANCIAL ENTITIES
ORDERED TEXT ORIGIN OF THE PROVISIONS
Section Point Para. Com. Ch./
Annex Point Para. Observations
5.
5.6. “A” 2922 I According to Com. “B” 6523, “A” 4172.
Point 5.6.4.5., “A” 3274, “A” 3959,
“A” 4180, “A” 4543,
“B” 9186, “A”
4874, “B” 9516 and ”A” 5091.
6.1. and
6.2.
“A” 2461 unique I and II According to Com. “A” 4172 and 4741.
6.3. and
6.4.
“A” 2461 unique I and II According to Com. “A” 3959 and 4172.
6.5. “A” 2461 unique I and II According to Com. “A” 2736, 2768, 2948,
3959, 4172 and “B” 9074. The point
6.5.2. includes interpretative clarification.
6.6. “A” 2461 unique III According to Com. “A” 3161 and 4172.
6.7. “A” 2461 unique VI According to Com. “A” 4172.
6.
6.8. “A” 2461 unique VII According to Com. “A” 4172.
7.1. “A” 414
LISOL-1
VI 3.1. 1º According to Com. “A” 2279, 2453, 2793, 2914, 3039 and 4172.
7.2.1. “A” 414
LISOL-1
VI 3.1.1. According to Com. “A” 2223, 2227, 4296, (point 2.), 4576 (point 1.) and 4665.
7.2.2. “A” 4576 2. According to Com. “A” 4591 (points 2.,3.,
4. and 5.), 4665 -the point 7.2.2.5. includes interpretative clarification- and
4782.
7.2.3. “A” 414
LISOL-1
VI 3.1.2. According to Com. “A” 2223, 2768, 2948, 4172, 4576 (point 3.), 4665, 4702 and “B” 9074.
7.2.4. 1º “A” 414
LISOL-1
VI 3.1.2.2. According to Com. “A” 2264, 4172, 4576 (point 4.) and 4782.
7.2.4.1. and
7.2.4.2.
“A” 414
LISOL-1
VI 3.1.2.2. According to Com. “A” 2264, 4172, 4576 (points 5. and 6.) and 4782.
7.2.4.3. and
7.2.4.4.
“A” 414
LISOL-1
VI 3.1.2.2. According to Com. “A” 2264, 4172 and “A”
4782. In the second paragraph of
point 7.2.4.3. incorporates interpretative clarification.
7.2.4.5. “A” 2264 2. According to Com. “A” 4172 and 4576 (point 8.).
7.2.4.6. “A” 414
LISOL-1
VI 3.1.2.2. According to Com. “A” 2264, 4172 and 4665.
7.2.5.1. “A” 2287 3.1. and
3.3.
According to Com. “A” 2890 and 4172.
“A” 2287 3. last According to Com. “A” 4172.
7.2.5.2. 1º “A” 2497 1. According to Com. “A” 3621 and 4172.
last “A” 2263 2. According to Com. “A” 4172.
1º and last
“A” 2287 3.2. According to Com. “A” 4172.
7.
7.2.5.3.
2º “A” 2474 Procedural rules on requirement and integration of minimum capitals (point 3.2.7). Modified by Com.“A” 4172.
1.3. Minimum cash.
The amounts of minimum cash resulting from applying the following rates shall be integrated:
Concept Rate in %
1.3.1. Current account deposits (except those included in point 1.3.14.)
and sight accounts opened in cooperative credit unions. 19
1.3.2. Savings deposits and basic account.
1.3.2.1. In pesos (except those included in point 1.3.14.). 19
1.3.2.2. In foreign currency. 20
1.3.3. Payday loans, special accounts for closed circles, “Severance Fund for Construction Industry Workers”, “Salary”,
“Special current accounts for legal entities” and “Savings account for payment of universal child allowance for social protection -Decree Nº 1602/09-“.
1.3.3.1. In pesos (except those included in point 1.3.14.). 19
1.3.3.2. In foreign currency. 20
1.3.4. Other deposits and sight obligations, pension benefits credited by ANSES pending cashing and immobilized balances corresponding to obligations included in these rules.
1.3.4.1. In pesos (except those included in point 1.3.14.). 19
1.3.4.2. In foreign currency. 20
1.3.5. Unused balances of formalized current account advances. 19
1.3.6. Deposits in current accounts of non-bank financial entities,
calculable for the integration of their minimum cash. 100
1.3.7. Time deposits, obligations for “acceptances” -including liabilities for sale or assignment of credits to subjects other than financial entities-, passive repos, sureties and passive stock market repos, investments at constant term, with option for early cancellation or renewal for a determined term and with variable remuneration, and other obligations at term with the exception of the deposits included in points 1.3.11.,
1.3.12., 1.3.13. and 1.3.15., according to their residual term:
MINIMUM CASH B.C.R.A. Section 1. Requirement.
Version: 32nd COMMUNICATION “A” 5091 Validity:
24/06/2010 Page 3
ORDERED TEXT ORIGIN OF THE PROVISIONS
Sec. Point Para. Com. Annex Sec. Point Para.
OBSERVATIONS
1.1. “A” 3274 II 1. 1.1.
1.1.1. “A” 3274 II 1. 1.1.1. According to Com. “A” 3498.
1.1.2. “A” 3274 II 1. 1.1.2. According to Com. “A” 3597, 4815 and
“B” 9186.
1.1.3. “A” 3274 II 1. 1.1.3. According to Com. “A” 3498, 3905 and
4473.
1.2. “A” 3274 II 1. 1.2. According to Com. “A” 3304, 3498,
3597, 4449 and 4716 (includes interpretative clarification), 4815 and “B” 9186.
1.3. “A” 3274 II 1. 1.3.
1.3.1. “A” 3274 II 1. 1.3.1. According to Com. “A” 3338, 3417,
3498, 3597, 3917, 3967,
4032, 4051, 4147, 4276,
4449, 4473, 4509, 4549, 4602 and 4712.
1.3.2. “A” 3274 II 1. 1.3.2. According to Com. “A” 3338, 3417,
3498, 3597, 3917, 3967, 4032,
4051, 4147, 4179, 4276, 4449,
4473, 4509, 4549, 4602, 4809 and 4851.
1.3.3. “A” 3274 II 1. 1.3.3. According to Com. “A” 3338, 3399,
3417, 3498, 3597, 3824, 3917,
3967, 4032, 4051, 4147, 4179,
4276, 4449, 4473, 4509, 4549,
4602, 4754 , 4851, 5007 and
5091.
1.3.4. “A” 3274 II 1. 1.3.4. According to Com. “A” 3338, 3417,
3498, 3597, 3917, 3967,
4032, 4051, 4147, 4179, 4276,
4449, 4473, 4509, 4549 4602 and 4851.
1.3.5. “A” 3274 II 1. 1.3.5. According to Com. “A” 3338, 3417,
3498, 3597, 3917, 3967,
4032, 4051, 4147, 4276,
4449, 4509y 4549.
1.3.6. “A” 3274 II 1. 1.3.7.
1.3.7. “A” 3498 unique 1. 1.3.8. According to Com. “A” 3506 -pto. 2.-,
3549, 3732, 3824, 3905,
3917, 3925, 3967, 4032,
4140, 4179, 4276, 4360 -pto.
3.-, 4449, 4549 , 4602, 4754 and
4851.
1.3.8. “A” 3498 unique 1. 1.3.11. According to Com. “A” 3597, 3732 and
4032.
1.3.9. “A” 3498 unique 1. 1.3.12. According to Com. “A” 3905, 3917,
3967, 4032, 4179, 4276, 4449,
4549 and 4851.
1.3.10. “A” 3549 1.
1.
1.3.11. “A” 3549 1. According to Com. “A” 4179, 4388,
4549 and 4851.
B.C.R.A. ORIGIN OF THE PROVISIONS INCLUDED IN THE ORDERED TEXT OF THE RULES ON “MINIMUM CASH”
3.2. Method of payment.
3.2.1. Paying entities shall pay over the counter to beneficiaries or proxies under the conditions provided for in these rules, or, at the beneficiary's option, by crediting savings accounts or basic accounts opened in their name in accordance with the provisions of Sections 1. and 3. of the rules on “Savings deposits, salary accounts and special accounts”.
3.2.2. The paying entity shall intervene the two elements of the receipt with the record of the date of cashing.
The check for the bank must be signed by the beneficiary or their proxy and their address shall be recorded.
3.2.3. The intervening banks shall deduct the commission freely agreed with the Institute from the amount to be paid to each beneficiary.
PAYMENT OF MILITARY RETIREMENTS AND PENSIONS B.C.R.A. Section 3. Cashing of payment.
Version: 3rd COMMUNICATION “A” 5091 Validity:
24/06/2010 Page 2
B.C.R.A. ORIGIN OF THE PROVISIONS INCLUDED IN THE ORDERED TEXT OF THE RULES ON PAYMENT OF MILITARY RETIREMENTS AND PENSIONS ORDERED TEXT ORIGIN OF THE PROVISIONS Sec. Point Para. Com. Ch. Point Para. Observations
1.1. last “A” 89 III 1. last According to Communications “A”
1568 and 2949
1.1.1. “A” 89 III 1.1.
1.1.2. “A” 89 III 1.2. According to Communications “A”
1568 and 2949
1.2.1. “A” 89 III 6.1. According to Communications “A”
1568 and 2949
1.2.2. “A” 89 III 6.2. According to Communication “A”
1568
1.3.1. “A” 89 III 7. 1° According to Communication “A”
2949
1.3.2. “A” 89 III 7. 2° According to Communication “A”
2949
1.3.3. “A” 2949
1.4. “A” 89 III 7. 3°
1.5. “A” 89 III 7. 6° According to Communication “A”
2949
1.
1.6. “A” 89 III 8.
2.1.1. “A” 89 III 2.1.
2.1.2. “A” 89 III 2.1.
2.2. 1° “A” 89 III 2.2.
2.2.1. “A” 89 III 2.2.
2.2.2. “A” 89 III 2.2. and 4.
2.
2.2.3. “A” 89 III 3.
3.1. 1° “A” 89 III 5. According to Communications “A”
1568 and 2949
3.1.1. “A” 89 III 5.1. According to Communications “A”
1568 and 2949
3.1.2. “A” 89 III 5.2. According to Communications “A”
1568 and 2949
3.1.2.1. “A” 2949
3.1.2.2. “A” 2949
3.1.2.3. “A” 2949
3.1.2.4. “A” 2949
3.2.1. “A” 2949 According to Com. “A” 4939 and 5091
3.2.2. “A” 89 III 3.1. According to Communication “A”
2949
3.
3.2.3. “A” 89 III 8. According to Communication “A”
2949
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