Rule · BCRA · 28 Dec 2007 · A 4754
Financial entities must apply minimum terms of 90 days for public sector peso bearer certificates and 180 days for others, with early cancellation permitted after 10 or 30 days respectively. From 1.1.08, entities replace points 2.3.1, 2.3.3.2, 3.3.1, and 1.3.7 of the Time Deposits and Investments and Minimum Cash regulations. Contracts must specify early cancellation prices as a fixed sum or investment value, and interest rates may be fixed or variable with clearly defined calculation bases. Entities must manage tax identification compliance via the Federal Administration of Public Revenues (AFIP) and note reasons for missing foreign non-resident documentation.
"2007 - Year of Road Safety"
BANCO CENTRAL DE LA REPÚBLICA ARGENTINA
COMMUNICATION "A" 4754 28/12/2007
TO FINANCIAL ENTITIES:
Ref.: Circular
REMON 1 - 827
OPASI 2 - 386
Time deposits and investments with option for early cancellation. Time deposits and investments. Minimum cash. Modifications. ______ We address you to inform you that this Institution adopted the following resolution:
"1. Replace, with effect from 1.1.08, point 2.3.1. of Section 2. of the regulations on "Time deposits and investments" with the following:
"2.3.1. Minimum term.
2.3.1.1. For non-transferable bearer certificates in pesos, corresponding to holders in the public sector: 90 days, with the possibility of early cancellation by the investor.
2.3.1.2. Others: 180 days, with the possibility of early cancellation."
Incorporate, with effect from 1.1.08, in point 2.3.2. of Section 2. of the regulations on "Time deposits and investments" the following paragraph:
"In the case of non-transferable bearer certificates, in pesos, corresponding to holders in the public sector who have the right to exercise the option for early cancellation, the aforementioned period shall not be less than 10 days."
Replace, with effect from 1.1.08, point 2.3.3.2. of Section 2. of the regulations on "Time deposits and investments" with the following:
"2.3.3.2. Remaining investors.
In the event that only the investor has the right to early cancellation."
Replace, with effect from 1.1.08, point 3.3.1. of Section 3. of the regulations on "Time deposits and investments" with the following:
"3.3.1. The National, provincial, municipal and Autonomous City of Buenos Aires governments, central administration, ministries, secretariats, their autonomous and decentralized agencies, state-owned companies and corporations and other legal entities of public law."
Replace, with effect from 1.1.08, point 1.3.7. of Section 1. of the regulations on "Minimum cash" with the following:
"1.3.7. Fixed-term deposits, obligations from "acceptances" -including liabilities from the sale or assignment of credits to subjects other than financial entities-, passive repos, guarantees and passive stock market repos, constant-term investments, with option for early cancellation or renewal for a determined term and with variable remuneration, and other term obligations with the exception of deposits included in points 1.3.11., 1.3.12., 1.3.13. and 1.3.15., according to their residual term:
1.3.7.1. In pesos.
i) Up to 29 days. 14 ii) From 30 to 59 days. 11 iii) From 60 to 89 days. 7 iv) From 90 to 179 days. 2 v) 180 days or more. 0 Deposits with "CER" clause are included in this point.
1.3.7.2. In foreign currency.
i) Up to 29 days. 35 ii) From 30 to 59 days. 28 iii) From 60 to 89 days. 20 iv) From 90 to 179 days. 10 v) From 180 to 365 days. 6 vi) More than 365 days. 0"
Incorporate, from 1.1.08, in Section 1. of the regulations on "Minimum cash" the following point:
"1.3.15. Time investments implemented in non-transferable bearer certificates, in pesos, corresponding to holders in the public sector who have the right to exercise the option for early cancellation in a period less than 30 days counted from their establishment. 16"
We clarify that the fund collection modality provided for in points 1. and 2. of the preceding resolution will apply to holders corresponding to the non-financial public sector, regardless of their jurisdiction.
On the other hand, we take this opportunity to adapt the wording of points 1.3.3. and 1.3.14. of the regulations on "Minimum cash", based on what is established by art. 14 of Law No. 25.371 which replaced the name of the "Unemployment Fund for workers in the construction industry" with "Labor Cessation Fund for workers in the construction industry".
Finally, we send you attached the sheets that replace those previously provided, which correspond to replace in the ordered texts of the referenced regulations.
Likewise, it is recalled that on this Institution's website 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.
BANCO CENTRAL DE LA REPUBLICA ARGENTINA
Enrique C. Martín José I. Rutman
Submanager of Emission of Regulations
Submanager General of Regulations
ANNEX
express manifestation to the contrary by the holder. In this case, the maturity will operate on the day the term agreed upon originally is fulfilled, counted from the date of the imposition or from the last automatic extension in the event that this circumstance has occurred.
2.2.2. Holders.
Qualified investors, defined in point 3.3. of Section 3.
2.2.3. Interest rate.
The one freely agreed upon.
During the course of the term agreed upon originally, it may be fixed. Afterwards, it must be renegotiated, and pre-established margins ("spreads") calculated on indicators of a financial nature of wide national or international dissemination may be applied. It may also be agreed to use variable rates from the start of the imposition. The calculation bases must be clearly fixed in the contract.
2.3. With option for early cancellation.
2.3.1. Minimum term.
2.3.1.1. For non-transferable bearer certificates in pesos, corresponding to holders in the public sector: 90 days, with the possibility of early cancellation by the investor.
2.3.1.2. Others: 180 days, with the possibility of early cancellation.
2.3.2. Cancellation.
Cancellation before maturity may be requested by the investor or by the entity, depending on who maintains the ownership of the right to exercise that option. That right may only be exercised once the agreed period has elapsed, which shall not be less than 30 days counted from the date of the imposition. In the case of non-transferable bearer certificates, in pesos, corresponding to holders in the public sector who have the right to exercise the option for early cancellation, the aforementioned period shall not be less than 10 days.
2.3.3. Holders.
2.3.3.1. Qualified investors, defined in point 3.3. of Section 3.
When it is agreed that the entity has the right to cancel the investment early. Version: 2nd COMMUNICATION "A" 4754 Validity:
01/01/2008
TIME DEPOSITS AND INVESTMENTS B.C.R.A.
Section 2. Time investments.
2.3.3.2. Remaining investors.
In the event that only the investor has the right to early cancellation.
2.3.4. Interest rate.
Fixed, freely agreed upon.
2.3.5. Price of the option.
It must be specified in the contract according to one of the following forms:
2.3.5.1. Fixed sum of money payable at the start of the operation.
2.3.5.2. Value of the investment at the moment of exercising the right to early cancellation, detailing the method of determination.
2.4. With option for renewal for a determined term.
2.4.1. Term.
Minimum: 90 days.
It may be extended for a predetermined term established in the contract, upon expiration of the originally fixed term. Renewal may be requested by the investor or by the entity, depending on who maintains the ownership of the right to exercise that option.
2.4.2. Holders.
2.4.2.1. Qualified investors, defined in point 3.3. of Section 3.
When it is agreed that the entity has the right to renew the investment.
2.4.2.2. Remaining investors.
In the event that only the investor has the right to renewal.
2.4.3. Interest rate.
The one freely agreed upon.
It may be fixed during the original validity period of the placement, and must B.C.R.A. TIME DEPOSITS AND INVESTMENTS
Section 2. Time investments.
Version: 2nd COMMUNICATION "A" 4754
Validity:
01/01/2008
3.1.6. Others.
As provided in the regulations on "Valid Identification Documents".
3.2. Fiscal situation.
Legal or natural persons who are holders or for whose order an account or operation is registered, legal representatives, etc., will inform their situation before the Federal Administration of Public Revenues (AFIP) providing the corresponding element, as indicated below:
3.2.1. Unique Tax Identification Key (CUIT).
3.2.2. Unique Labor Identification Code (CUIL).
3.2.3. Identification Key (CDI). Depositary entities will manage compliance with this requirement through the process generated for such effects by the Federal Administration of Public Revenues.
When it is not possible to obtain any of the aforementioned identifications, due to depositors being foreign non-residents in the country or not having documents admitted by said Administration, the reason for their lack of registration must be noted.
3.3. Qualified investors.
3.3.1. The National, provincial and municipal governments and of the Autonomous City of Buenos Aires, central administration, ministries, secretariats, their autonomous and decentralized agencies, state-owned companies and corporations and other legal entities of public law.
3.3.2. Common investment funds.
3.3.3. Pension and Retirement Funds and administrators regulated by Law 24.241.
3.3.4. Joint-stock companies and limited liability companies, cooperatives, mutual entities, social security organizations, civil associations, foundations and professional associations of workers with union status, that enter into time placements in the admitted modalities or in savings accounts or passive repo or acceptance operations for amounts not less than $ 100,000, in the set of those forms of investment.
3.3.5. Natural persons with real domicile in the country, that enter into time placements in the admitted modalities or in savings accounts or passive repo or acceptance operations for amounts not less than $ 100,000, in the set of those forms of investment.
3.3.6. Legal entities constituted abroad and natural persons with real domicile outside the country.
B.C.R.A.
TIME DEPOSITS AND INVESTMENTS
Section 3. General provisions.
Version: 3rd COMMUNICATION "A" 4754
Validity:
01/01/2008
TIME DEPOSITS AND INVESTMENTS
ORDERED TEXT ORIGIN OF THE PROVISIONS INCLUDED IN THE ORDERED TEXT OF THE REGULATIONS ON "MINIMUM CASH" OBSERVATIONS Sec. Point Para. Comm. Annex Sec. Point Para.
1.13.2. "A" 3043 S/Comm. "A" 3660.
1.13.3. 1st "A" 1653 I 3.4.13.3.1. S/Comm. "A" 3660.
1.13.3. 2nd "A" 3043 S/Comm. "A" 3660.
1.13.4. "A" 1653 I 3.4.13.3. 1st S/Comm. "A" 3660.
1.13.5. "A" 3043 S/Comm. "A" 3660.
1.13.6. "A" 1653 I 3.4.13.3.4. S/Comm. "A" 3660.
1.14. "A" 1653 I 3.3.3.1. S/Comm. "A" 3660.
1.15.1. "A" 1653
"A" 1820
"A" 2064
I
I 3.3.3.2.
3.8.
1st
1st last.
S/Comm. "A" 3660.
1.15.2. "A" 1653
"A" 1820 I
I 3.3.3.2.
3.8.
2nd
3rd
S/Comm. "A" 3660.
1.15.3. "A" 2308 S/Comm. "A" 3660.
1.16.1.1. "A" 1653 I 3.4.3.1. S/Comm. "A" 3660.
1.16.1.2. "A" 1653 I 3.4.3.2. S/Comm. "A" 3660.
1.16.1.3. "A" 1653 I 3.4.3.3. S/Comm. "A" 3660.
1.16.1.4. "A" 2383 S/Comm. "A" 3660.
1.16.2. "A" 1653 I 3.4.9. S/Comm. "A" 3660.
1.
1.17. "A" 1653 I 3.4.11. S/Comm. "A" 3660.
2.1.1. "A" 2482 1.
2.1.2. "A" 3043
2.1.3. "A" 1199 I 5.7.
2.1.4. "A" 2482 1.A)3.
1.B)3.
1.C)3.
1.D)3.
2.1.5. "A" 1653 I 3.4.1.
3.4.2.
2.1.6. "A" 1820
"A" 2482
I 3.2
1.A)4.
1.B)4.
1.C)4.
1.D)2.
2nd S/Comm. "A" 3293.
2.1.7. "A" 2482 1.A)6.
1.B)6.
1.C)6.
2.1.8.1. "A" 1653 I 3.4.13.2.
2.1.8.2. "A" 1653 I 3.4.13.1.
2.1.9. "A" 2482 1. 3rd
2.1.10. "A" 2482 1. 2nd
2.2.1. "A" 2482 1.A)1.
2.2.2. "A" 2482 1.A)2. 4th
2.2.3. "A" 2482 1.A)5.
2.3.1. "A" 2482 1.B)1. 1st S/Comm. "A" 4754.
2.3.2. "A" 2482 1.B)1. 2nd S/Comm. "A" 4754.
2.3.3.1. "A" 2482
"A" 2482
1.B)2. 1st
4th
2.3.3.2. "A" 2482 1.B)2. 2nd S/Comm. "A" 4754.
2.
2.3.4. "A" 2482 1.B)5.
TIME DEPOSITS AND INVESTMENTS
ORDERED TEXT ORIGIN OF THE PROVISIONS INCLUDED IN THE ORDERED TEXT OF THE REGULATIONS ON "MINIMUM CASH" OBSERVATIONS Sec. Point Para. Comm. Annex Sec. Point Para.
2.3.5.1. "A" 2482 1.B)7. a)
2.3.5.2. "A" 2482 1.B)7. b)
2.4.1. "A" 2482 1.C)1.
2.4.2.1. "A" 2482
"A" 2482
1.C)2. 1st
4th
2.4.2.2. "A" 2482 1.C)2. 2nd S/Comm. "A" 4754.
2.4.3. "A" 2482 1.C)5.
2.4.4. "A" 2482 1.C)7.
2.5.1. "A" 2482 1.D)1. S/Comm. "A" 3043,
4234, "C" 40024 and
"A" 4612.
2.5.2.1. "A" 2482 1.D)4.2. S/Comm. "A" 2617 and
4612.
2.5.2.2. "A" 2482 1.D)4.1.
2.5.3. "A" 2482 1.D)5. S/ Comm. "A" 2617,
4234, 4612 and 4742.
2.5.4. "A" 2617 2. S/ Comm. "A" 4612.
2.5.5.1. "A" 2617 unique 1. S/Comm. "A" 3043,
3185, 4234 and 4612.
2.5.5.2. "A" 2617 unique 2. S/Comm. "A" 4234.
2.5.5.3. "A" 2617 unique 3. S/Comm. "A" 3090,
3185 and 4234.
2.5.5.4. "A" 2617 unique 4.
2.5.5.5. "A" 2617 unique 6. S/Comm. "A" 2961 -
Annex, 4234 and
4612.
2.5.5.6. "A" 4612
2.
2.5.5.7. "A" 4612
3.1. "A" 3043
3.1.1. "A" 2885 1.
3.1.2. "A" 2885 2. 2.2.
3.1.3. "A" 2885 2. 2.3.
3.1.4. "A" 2885 2. 2.4.
3.1.5. "A" 2885 2. 2.5. and 2.6.
3.1.6. "A" 3043
3.2. 1st "A" 1891 S /Comm. "A" 1922 and
3323.
2nd "A" 3323
3.3.1. "A" 2252 1.1. S/Comm. "A" 4754.
3.3.2. "A" 2252 1.2.
3.3.3. "A" 2252 1.3.
3.3.4. "A" 2252 1.4. S/Comm. "A" 2482 -
pt. 3. and 3043.
3.3.5. "A" 2252 1.5. S/Comm. "A" 2482 -
pt. 3. and 3043.
3.3.6. "A" 2252 1.6.
3.4.1. 1st "A" 2530 1st
2nd "A" 2530 3rd and 4th
3rd "A" 2530 5th
3.
3.4.2. "A" 2530 2nd
1.3. Minimum cash.
The amounts of minimum cash resulting from applying the following rates shall be integrated:
Concept Rate in %
1.3.1. Checking accounts (except those included in point 1.3.14.)
and sight accounts opened in cooperative credit unions. 19
1.3.2. Savings accounts.
1.3.2.1. In pesos (except those included in point 1.3.14.). 19
1.3.2.2. In foreign currency. 30
1.3.3. Usury accounts, special accounts for closed circles, "Labor Cessation Fund for workers in the construction industry", "Payment of remuneration" and special checking accounts for legal entities.
1.3.3.1. In pesos (except those included in point 1.3.14.). 19
1.3.3.2. In foreign currency. 30
1.3.4. Other sight deposits and obligations, pension benefits credited by ANSES pending cashing and immobilized balances corresponding to obligations included in these regulations.
1.3.4.1. In pesos (except those included in point 1.3.14.). 19
1.3.4.2. In foreign currency. 30
1.3.5. Unused balances of formalized current account advances. 19
1.3.6. Deposits in current accounts of non-bank financial entities, computable for the integration of their minimum cash. 100
1.3.7. Fixed-term deposits, obligations from "acceptances" -including liabilities from the sale or assignment of credits to subjects other than financial entities-, passive repos, guarantees and passive stock market repos, constant-term investments, with option for early cancellation or renewal for a determined term and with variable remuneration, and other term obligations with the exception of deposits included in points 1.3.11.,
1.3.12., 1.3.13. and 1.3.15., according to their residual term:
B.C.R.A. MINIMUM CASH
Section 1. Requirement.
Version: 28th COMMUNICATION "A" 4754
Validity:
01/01/2008
1.3.7.1. In pesos.
i) Up to 29 days. 14 ii) From 30 to 59 days. 11 iii) From 60 to 89 days. 7 iv) From 90 to 179 days. 2 v) 180 days or more. 0 Deposits with "CER" clause are included in this point.
1.3.7.2. In foreign currency.
i) Up to 29 days. 35 ii) From 30 to 59 days. 28 iii) From 60 to 89 days. 20 iv) From 90 to 179 days. 10 v) From 180 to 365 days. 6 vi) More than 365 days. 0
1.3.8. Obligations from foreign financial lines (not implemented through time deposits nor debt securities to which the requirements provided for in points 1.3.7. and 1.3.9. respectively apply). 0
1.3.9. Debt securities (including negotiable obligations).
a) Debt issued from 1.1.02, including those from restructured obligations, according to their residual term:
In pesos. i) Up to 29 days. 14 ii) From 30 to 59 days. 11 iii) From 60 to 89 days. 7 iv) From 90 to 179 days. 2 v) 180 days or more. 0 In foreign currency. i) Up to 29 days. 35 ii) From 30 to 59 days. 28 iii) From 60 to 89 days. 20 B.C.R.A. MINIMUM CASH
Section 1. Requirement.
Version: 24th COMMUNICATION "A" 4754
Validity:
01/01/2008
iv) From 90 to 179 days. 10 v) From 180 to 365 days. 6 vi) More than 365 days. 0 b) Others. 0
1.3.10. Obligations with the Fiduciary Fund for Assistance to Financial and Insurance Entities. 0
1.3.11. Sight and fixed-term deposits made by order of the Justice
with funds originating in the cases in which it intervenes, and their immobilized balances.
1.3.11.1. In pesos. 10
1.3.11.2. In foreign currency. 15
1.3.12. Deposits -whatever their modality- that constitute the equity of
common investment funds.
1.3.12.1. In pesos (except those included in point 1.3.14.). 19
1.3.12.2. In foreign currency. 40
1.3.13. Special deposits linked to the inflow of funds from abroad
ORDERED TEXT ORIGIN OF THE PROVISIONS INCLUDED IN THE ORDERED TEXT OF THE REGULATIONS ON "MINIMUM CASH" OBSERVATIONS Sec. Point Para. Comm. Annex Sec. Point Para.
1.1. "A" 3274 II 1. 1.1.
1.1.1. "A" 3274 II 1. 1.1.1. According to Comm. "A" 3498.
1.1.2. "A" 3274 II 1. 1.1.2. According to Comm. "A" 3597.
1.1.3. "A" 3274 II 1. 1.1.3. According to Comm. "A" 3498, 3905
and 4473.
1.2. "A" 3274 II 1. 1.2. According to Comm. "A" 3304, 3498,
3597, 4449 and 4716 (includes interpretative clarification).
1.3. "A" 3274 II 1. 1.3.
1.3.1. "A" 3274 II 1. 1.3.1. According to Comm. "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 Comm. "A" 3338, 3417,
3498, 3597, 3917, 3967,
4032, 4051, 4147, 4179,
4276, 4449, 4473, 4509,
4549 and 4602.
1.3.3. "A" 3274 II 1. 1.3.3. According to Comm. "A" 3338, 3399,
3417, 3498, 3597, 3824,
3917, 3967, 4032, 4051,
4147, 4179, 4276, 4449,
4473, 4509, 4549, 4602 and
4754.
1.3.4. "A" 3274 II 1. 1.3.4. According to Comm. "A" 3338, 3417,
3498, 3597, 3917, 3967,
4032, 4051, 4147, 4179,
4276, 4449, 4473, 4509,
4549 and 4602.
1.3.5. "A" 3274 II 1. 1.3.5. According to Comm. "A" 3338, 3417,
3498, 3597, 3917, 3967,
4032, 4051, 4147, 4276,
4449, 4509 and 4549.
1.3.6. "A" 3274 II 1. 1.3.7.
1.3.7. "A" 3498 unique 1. 1.3.8. According to Comm. "A" 3506 -pt.
2.-, 3549, 3732, 3824, 3905,
3917, 3925, 3967, 4032,
4140, 4179, 4276, 4360 -pt.
3.-, 4449, 4549, 4602 and 4754.
1.3.8. "A" 3498 unique 1. 1.3.11. According to Comm. "A" 3597, 3732
and 4032.
1.3.9. "A" 3498 unique 1. 1.3.12. According to Comm. "A" 3905, 3917,
3967, 4032, 4179, 4276,
4449 and 4549.
1.3.10. "A" 3549 1.
1.
1.3.11. "A" 3549 1. According to Comm. "A" 4179, 4388
and 4549.
B.C.R.A.
ORIGIN OF THE PROVISIONS INCLUDED IN THE ORDERED TEXT OF THE REGULATIONS ON "MINIMUM CASH"
MINIMUM CASH
ORDERED TEXT ORIGIN OF THE PROVISIONS INCLUDED IN THE ORDERED TEXT OF THE REGULATIONS ON "MINIMUM CASH" OBSERVATIONS Sec. Point Para. Comm. Annex Sec. Point Para.
1.3.12. "A" 4179 2. According to Comm. "A" 4406,
4449 and 4707.
1.3.13. "A" 4360 2.
1.3.14. "A" 4473 1. According to Comm. "A" 4518,
4532, 4573, 4670 and 4754.
1.3.15. "A" 4754 6.
1.4. "A" 3905 3. According to Comm. "A" 4179,
4449 and 4473.
1.5. "A" 3274 II 1. 1.5. According to Comm. "A" 3498.
1.6. "A" 3274 II 1. 1.6.
1.6.1. "A" 3274 II 1. 1.6.1. According to Comm. "A" 4405 and
4449.
1.6.2. "A" 3274 II 1. 1.6.2. According to Comm. "A" 3304 and
4449.
1.
1.7. "A" 3498 unique 1. 1.8. According to Comm. "A" 4147.
2.1. "A" 3274 II 2. 2.1. According to Comm. "A" 3498,
3597 and 4716 (includes interpretative clarification).
2.1.1. "A" 3274 II 2. 2.1.1. According to Comm. "A" 3304.
2.1.2. "A" 3274 II 2. 2.1.2. According to Comm. "A" 3304,
3498, 4016 and 4147.
2.1.3. "A" 3498 unique 2. 2.1.3. According to Comm. "A" 4147.
2.1.4. "A" 3274 II 2. 2.1.3. According to Comm. "A" 3498,
4147 and 4276.
2.1.5. "A" 3274 II 2. 2.1.4.
2.1.6. "A" 3311
2.1.7. "A" 3498 unique 2. 2.1.7.
2.1.8. "A" 4016 1.
2.1.9. "A" 4716 2.
2.2. "A" 3274 II 2. 2.2. According to Comm. "A" 3498,
4449 and 4716.
2.3. "A" 3365 2. According to Comm. "A" 3387,
3470, 3498, 3549, 3597,
3732, 3824, 4016, 4449 and
4716.
2.4. "A" 4147 3. According to Comm. "A" 4276,
4449 and 4509.
2.
2.5. "A" 4147 3. According to Comm. "A" 4393,
4509 and 4716.
3.1. "A" 3274 II 3. 3.1.
3.1.1. "A" 3274 II 3. 3.1.1. According to Comm. "A" 3326,
3365, 3498, 3549, 3905,
4276, 4449, 4473, 4707 and
4716.
3.1.2. "A" 3274 II 3. 3.1.2.
3.1.3. "A" 3274 II 3. 3.1.3. According to Comm. "A" 3326.
3.1.4. "A" 3274 II 3. 3.1.4.
3.2. "A" 3274 II 3. 3.2.
3.2.1. "A" 3274 II 3. 3.2.2.1. According to Comm. "A" 4449.
3.2.2. "A" 3274 II 3. 3.2.2.2. According to Comm. "A" 4449.
3.
3.3. "A" 3274 II 3. 3.3. According to Comm. "A" 3498.
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