Rule · BCRA · 4 Oct 2013 · A 5485
Financial institutions supervised by the BCRA must submit, for directors, board members, shareholders, acquirers and future officers, a sworn declaration on personal and criminal background confirming no article 10 disqualifications, no money laundering or terrorist financing convictions, absence from United Nations Security Council terrorist lists, and any UIF, CNV or SSN sanctions, using the BCRA's "Personal background of authorities of financial institutions" application, plus a Sworn Declaration on Politically Exposed Person status and criminal record certificates issued by the Registro Nacional de Reincidencia within 5 business days before submission; those domiciled abroad must file equivalent certificates with consular certification or apostille and Spanish translation.
2013 - YEAR OF THE BICENTENNIAL OF THE GENERAL CONSTITUENT ASSEMBLY OF 1813
COMMUNICATION “A” 5485
04/10/2013
TO FINANCIAL INSTITUTIONS,
TO EXCHANGE HOUSES, AGENCIES, OFFICES AND BROKERS, TO REPRESENTATIVES OF FOREIGN FINANCIAL INSTITUTIONS NOT AUTHORIZED TO OPERATE IN THE COUNTRY, TO COOPERATIVE CREDIT UNIONS (LAW 26.173):
Ref.: Circular
CREFI 2 - 81
RUNOR 1 - 1046
CONAU 1 - 1031
Prevention of money laundering and ter- rorism financing. Sanctions of the Financial Information Unit to enti- ties subject to the control of the Central Bank. Assessment of background. Regulatory adjustments .
We address you to inform you that this Institution adopted the resolution that, in its pertinent part, is transcribed below:
“1. Add as point 1.4. of Section 1. of the rules on “Prevention of money laundering, terrorism financing and other illicit activities” the following:
The Central Bank (BCRA) will evaluate -within the framework of its competence- the final resolutions on sanctions that the UIF notifies to it regarding the obligated subjects under its control.
The facts subject to the sanction will be analyzed taking into account first the magnitude of the infraction and the situations of recidivism (when, existing a sanctioning resolution, during the following twelve consecutive months, the obligated subject is sanctioned again) or of repetition of sanctions (when the obligated subject has been sanctioned for different infractions in the indicated period).
Other parameters to be taken into consideration when weighing the facts will be the existence of damages caused to third parties, the benefit generated for the sanctioned party, its operational volume, its patrimonial responsibility and the function exercised by the natural persons authorized by the Central Bank who are involved.
The preceding analysis may give rise to:
1.4.1.1. the summary process and sanctions provided for in art. 41 and related provisions of the Law of Financial Institutions, both for the obligated subjects covered by the BCRA regulations and for the natural persons authorized by the Central Bank who are involved;
1.4.1.2. the BCRA considering such background unfavorable in the cases of applications for:
the expansion of the activities of financial and exchange entities (transformation into another financial entity, installation of operating houses in the country or abroad, increase of their participation in other financial entities of the country or abroad or installation of representation offices abroad -as applicable-), except as provided for financial entities of the provinces, Autonomous City of Buenos Aires and municipal ones in their respective jurisdictions; and/or
distributing results by financial entities.
1.4.2. Other non-compliances with the rules on prevention of money laundering and terrorism financing.
When the Central Bank in its control and prevention tasks of money laundering and terrorism financing verifies that the non-compliances detected also constitute infractions to Laws 21.526 and 18.924 and their regulatory rules, it may consider whether these infractions justify the exercise of the attributions provided by article 41 and related provisions of the Law of Financial Institutions and initiate, if applicable, summary proceedings against the obligated subject and the members of its board of directors or equivalent authority.
Once a sanction is communicated or a regulatory non-compliance is detected in matters of prevention of money laundering and/or terrorism financing, the Central Bank may immediately require corrective measures and/or compliance with a risk mitigation plan, arranging the actions pertaining to its follow-up with the purpose that the obligated subjects improve their prevention systems in those matters.”
2. Replace the last paragraph of point 1.1.2. of Section 1., Chapter I of Circular CREFI - 2 (text according to Communication “A” 5345), with the following:
“1.1.2. Assessment of background.
…
The level of probity and moral integrity of the person will be weighed, taking into consideration whether they have transgressed rules and/or have been linked to dishonest commercial practices, whether they have been convicted of crimes of money laundering and/or terrorism financing,
whether they appear on the lists of terrorists and/or terrorist associations issued by the United Nations Security Council and/or whether they have been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the Superintendence of Insu- rance of the Nation (SSN).
For the weighing of such sanctions, the reason, the amounts, the degree of participation of the interested party and the patrimonial damages caused to third parties will be considered.”
3. Replace points 1.2.2.4.3. and 1.2.2.7. of Section 1., Chapter I of Circular CREFI - 2 (texts according to Communication “A” 2241) and point 1.2.2.6. of the same Chapter and Section (text according to Communication “A” 5248) with the following:
“1.2. Requirements of the application.
…
1.2.2. In the applications, the following must be stated and/or attached:
…
1.2.2.4. Capital to be initially contributed, individualizing the shareholders who will integrate it, …
If legal persons are included among the shareholders, the following must also be provided:
…
1.2.2.4.3. List of the members of the board of directors, management, supervisory board or syndicate, accompanying the personal data of each of the members, with authentication of their signatures in notarial, judicial or banking form and criminal record certificates.
For these purposes, the application “Personal background of authorities of financial institutions” must be used, which is available on the website of the Banco Central de la República Argentina (www.bcra.gob.ar).
The criminal record certificates must have been issued by the Registro Nacional de Reincidencia within the 5 (five) business days prior to the date of their submission to the Banco Central de la República Argentina. In addition, in the case of natural persons who at the time of the application have their actual domicile abroad, the equivalent certificate issued by the competent governmental authority of the country where they reside must be submitted.
The submission of the “Sworn Declaration on the Status of Politically Exposed Person” shall also be complied with, which must conform to the formal guidelines established by the UIF.”
…
“1.2.2.6. Background on the responsibility, suitability and experience in the acti- vity of the shareholders and members of the governing and management bodies of the entity and sworn declaration in which such persons state that none of the disqualifications set forth in arti- cle 10 of the Law on Financial Institutions applies to them, that they do not appear on the lists of terrorists and terrorist associations issued by the Security Council of the United Nations, that they have not been convicted of offenses of money laundering and/or terrorist financing or as to whether they have been sanctio- ned by the Unidad de Información Financiera (UIF), the Comisión Nacional de Valores and/or the Superintendencia de Seguros de la Nación.
For these purposes, the application “Personal background of authorities of financial institutions” must be used, which is available on the website of the Banco Central de la República Argentina (www.bcra.gob.ar).
The submission of the “Sworn Declaration on the Status of Politically Exposed Person” shall also be complied with, which must conform to the formal guidelines established by the UIF.
1.2.2.7. Additionally, they must submit a Criminal Record Certificate, issued by the Registro Nacional de Reincidencia, for each of them.
Said certificate must have been issued within the 5 (five) business days prior to the date of its submission to the Banco Central de la República Argentina.
In the case of natural persons who up to that time have their actual domicile abroad, the equivalent certificates issued by the competent governmental authority of the country where they reside must also be submitted, with certification of signatures by the Consulate of the República Argentina in said country or legalization through the apostille system, in the case of States that have signed and ratified the Hague Convention of 5.10.61, and translation thereof into the Spanish language, where applicable, made by a registered public translator, with their signature legalized by the corresponding professional association.”
4. Replace point 2.2.1.7. of Section 2., Chapter I of Circular CREFI - 2 (text as per Communication “A” 2241) with the following:
“2.2.1.7. List of the future members of the governing, management and control bodies of the company resulting from the merger or of the acquiring company, as applicable, and for each of them, a sworn declaration on personal and criminal background in which they state that none of the disqualifications set forth in article 10 of the Law on Financial Institutions applies to them, that they have not been convicted of offenses of money laundering and/or terrorist financing, that they do not appear on the lists of terrorists and terrorist associations issued by the Security Council of the United Nations and as to whether they have been sanctioned by the Unidad de Información Financiera (UIF), the Comisión Nacional de Valores (CNV) and/or the Superintendencia de Seguros de la Nación (SSN).
For these purposes, the application “Personal background of au- thorities of financial institutions” must be used, which is available on the website of the Banco Central de la República Argentina (www.bcra.gob.ar), with ex- emption from its submission for those persons whose data are already in the pos- session of the Superintendencia de Entidades Financieras y Cambiarias.
Likewise, they shall attach the Criminal Record Certificate referred to in point 1.2.2.7. of this Chapter.”
5. Incorporate as point 5.2.2.5. of Section 5., Chapter I of Circular CREFI - 2 (text as per Communication “A” 4490) the following:
“5.2.2.5. Sworn declaration on personal and criminal background of the new directors or board members, in which they state that none of the disqualifications set forth in article 10 of the Law on Financial Institutions applies to them, that they have not been convicted of offenses of money laundering and/or terrorist financing, that they do not appear on the lists of terrorists and terrorist associations issued by the Security Council of the United Nations and as to whether they have been sanctioned by the Unidad de Información Financiera (UIF), the Comisión Nacional de Valores (CNV) and/or the Superintendencia de Seguros de la Nación (SSN).
For these purposes, the application “Personal background of authorities of financial institutions” must be used, which is available on the website of the Banco Central de la República Argentina (www.bcra.gob.ar).
The criminal record certificates must have been issued by the Registro Nacional de Reincidencia within the 5 (five) business days prior to the date of their submission to the Banco Central de la República Argentina. Furthermore, in the case of natural persons who at the time of their appointment have their actual domicile abroad, the certificate of equivalent character issued by the competent governmental authority of the country where they reside must be submitted, with certification of signatures by the Consulate of the Argentine Republic in said country or legalization through the apostille system, in the case of States that have signed and ratified the Hague Convention of 5.10.61, and translation thereof into the Spanish language, when applicable, made by a registered public translator, with their signature legalized by the corresponding professional association.
Compliance with the submission of the "Sworn Declaration on the Status of Politically Exposed Person" shall also be fulfilled, which must conform to the formal guidelines established by the UIF."
6. Replace the fourth paragraph of point 5.2. of Section 5., Chapter I of Circular CREFI - 2 (text as per Communication "A" 5248) with the following:
"For financial institutions constituted as cooperatives whose bylaws provide for the constitution of an executive committee or board, such body shall only resolve on its members. With respect to the remaining directors, the corresponding technical area of the Central Bank of the Argentine Republic shall verify the non-existence of disqualifications established by article
10 of the Law on Financial Institutions. Furthermore, the level of probity and moral integ- rity of the persons shall be assessed, taking into consideration whether they have violated norms, have not been linked to dishonest commercial practices, have not been convicted of cri- mes of money laundering and/or terrorist financing, do not appear on the lists of terro- rists and terrorist associations issued by the United Nations Security Council and whether they have been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insurance Superintendency (SSN)."
7. Incorporate as Section 8. of Chapter I of Circular CREFI - 2 the following:
Sanctions of the Financial Information Unit, the National Securities Commission and/or the National Insurance Superintendency that fall on financial institutions and/or their authorities may give rise to the revocation of the authorizations conferred when, in the judgment of the BCRA, fundamental changes have occurred in the conditions necessary to maintain the authorization, including the suitability, experience, moral probity or integrity of the members of the board of directors or equivalent authority of the obligated subject, partners, shareholders or managers."
8. Add as point 1.X. of Section 1. of Chapters II, III and IV of Circular CREFI - 2, the following:
"1.X. Not having been sanctioned by the Financial Information Unit (except when corrective measures satisfactory to the BCRA have been implemented or when a risk mitigation plan for the involved risks has been submitted and approved by the Central Bank) nor by the National Securities Commission or the National Insurance Superintendency.
When the notification of the sanction occurs after the authorization of the opening of branches and/or the expansion of activities without the authorization having become effective, it shall be suspended until such corrective measures have been implemented or the obligated subject has obtained the BCRA's approval of the aforementioned risk mitigation plan."
9. Replace the fifth paragraph of point 1.1. of Section 1., Chapter V of Circular CREFI - 2, (text as per Communication "A" 5248) with the following:
"Furthermore, the non-existence of disqualifications established by article 10 of the Law on Financial Institutions shall be verified and the level of probity and moral integrity of the person shall be assessed, taking into consideration whether they have violated norms, have not been linked to dishonest commercial practices, have not been convicted of crimes of money laundering and/or terrorist financing, do not appear on the lists of terrorists and terrorist associations issued by the United Nations Security Council, assessing, where applicable, the sanctions imposed by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insurance Superintendency (SSN)."
10. Replace point 1.1.2.3. of Section 1., Chapter V of Circular CREFI - 2 (text as per Communication "A" 5248) and points 1.1.2.4. and 1.1.2.5. of the same Section and Chapter of Circular CREFI - 2 (text as per Communication "A" 4510) with the following:
"1.1.2.3. Sworn declaration on personal and criminal antecedents, in which the acquirer of the shares states that none of the disqualifications established by article 10 of the Law on Financial Institutions apply to them, that they have not been convicted of crimes of money laundering and/or terrorist financing, that they do not appear on the lists of terrorists and terrorist associations issued by the United Nations Security Council, and regarding whether they have been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insurance Superintendency (SSN).
For such purposes, the application "Personal antecedents of authorities of financial institutions" available on the website of the Central Bank of the Argentine Republic (www.bcra.gob.ar) must be used.
Compliance with the submission of the "Sworn Declaration on the Status of Politically Exposed Person" shall also be fulfilled, which must conform to the formal guidelines established by the UIF.
1.1.2.4. Certificate of Criminal Record, issued by the National Registry of Recidivism, for each of the acquirers or contributors within the 5 (five) business days prior to the date of its submission to the Central Bank of the Argentine Republic.
1.1.2.5. In the case of natural persons who up to that moment have their real domicile abroad, they must also submit the equivalent certificates issued by the competent governmental authority of the country where they reside, with certification of signatures by the Consulate of the Argentine Republic in said country or legalization by the apostille system, in the case of States that have signed and ratified the Hague Convention of 5.10.61 and translation thereof into the Spanish language, when applicable, made by a registered public translator, with their signature legalized by the corresponding professional association.”
11. Replace points 2.2.2.13. and 2.2.2.14. of the rules on “Representatives of foreign financial entities not authorized to operate in the country”, with the following:
“2.2.2.13. Sworn statement that they are not included in the disqualifications established in article 10 of the Law on Financial Entities, that they have not been convicted of crimes of money laundering and/or terrorist financing, that they do not appear on the lists of terrorists and terrorist associations issued by the United Nations Security Council, and as to whether they have been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insurance Superintendency (SSN).
For such purposes, the application “Personal background of authorities of financial entities” available on the website of the Central Bank of the Argentine Republic (www.bcra.gob.ar) must be used.
The submission of the “Sworn Statement on the status of Politically Exposed Person” shall also be complied with, which must conform to the formal guide- lines established by the UIF.
2.2.2.14. Certificate of criminal record issued by the National Registry of Recidivism within the 5 (five) business days prior to the date of its submission to the Central Bank of the Argentine Republic. Furthermore, in the cases of natural persons who at the time of their appointment have their real domicile abroad, the equivalent certificate issued by the competent governmental authority of the country where they reside must be submitted.”
12. Replace points 1.3.9. and 1.5.4. of Section 1. of the rules on “Cooperative Credit Banks (Law 26.173)”, with the following:
“1.3.9. Sworn statement on personal and criminal background, of the persons referred to in points 1.3.6., 1.3.7. and 1.3.8. in which they state that none of the disqualifications established by article 10 of the Law on Financial Entities applies to them, that they have not been convicted of crimes of money laundering and/or terrorist financing, that they do not appear on the lists of terrorists and terrorist associations issued by the United Nations Security Council, and as to whether they have been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insurance Superintendency (SSN).
For such purposes, the application “Personal background of authorities of financial entities” available on the website of the Central Bank of the Argentine Republic (www.bcra.gob.ar) must be used.
The certificates of criminal record must have been issued by the National Registry of Recidivism within the 5 (five) business days prior to the date of their submission to the Central Bank of the Argentine Republic. Furthermore, in the cases of natural persons who at the time of their appointment have their real domicile abroad, the equivalent certificate issued by the competent governmental authority of the country where they reside must be submitted.
The submission of the “Sworn Statement on the status of Politically Exposed Person” shall also be complied with, which must conform to the formal guidelines established by the UIF.”
…
“1.5.4. Submission to the Superintendency of Financial and Exchange Entities of the list of the members of the Board of Directors (regular and alternate), appointed by the constitutive assembly, of the Executive Steering Committee, of the member(s) of the Audit Commission or of the Statutory Auditor -as applicable- and of the managers, accompanied by the information referred to in point 1.3.9., unless they are persons whose data are already in the possession of said Superintendency because they have been added to the authorization request. Managers and higher-level functional positions must possess adequate experience in financial matters.
Furthermore, the level of probity and moral integrity of the person will be assessed, taking into consideration whether they have violated rules or been linked to dishonest commercial practices, whether they have been convicted of crimes of money laundering and/or terrorist financing and/or appear on the lists of terrorists and terrorist associations issued by
the United Nations Security Council and whether they have been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insu- rance Superintendency (SSN).”
13. Replace points 1.1.2.7.2. and 1.16.3.2.3. of Chapter XVI of Circular RUNOR - 1 (text as per Communication “A” 5248), with the following:
“1.1.2.7.2. Sworn statement that they are not included in the disqualifications established in article 4 of Law 18.924 (Form 1113 A), that they have not been convicted of crimes of money laundering and/or terrorist financing, that they do not appear on the lists of terrorists and terrorist associations issued by the United Nations Security Council, and as to whether they have been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insurance Superintendency (SSN).”
…
“1.16.3.2.3. Sworn statement in Form 1113 A, in which the acquirer states that none of the disqualifications established in article 4 of Law 18.924 apply to them, that they have not been convicted of crimes of money laundering and/or terrorist financing, that they do not appear on the lists of terrorists and terrorist associations issued by the United Nations Security Council, and as to whether they have been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insurance Superintendency (SSN).”
14. Incorporate as point 1.7.1.8. of Chapter XVI of Circular RUNOR - 1 (text as per Communication “A” 422), the following:
“1.7.1.8. Not to have been sanctioned by the Financial Information Unit (except when corrective measures have been implemented to the satisfaction of the BCRA or when a risk mitigation plan for the risks involved has been submitted and approved by the Central Bank) nor by the National Securities Commission.
When the notification of the sanction occurs after the installation of branches or offices has been authorized without the authorization having become effective, it must be suspended until such corrective measures have been implemented or the obligated subject has obtained the BCRA's approval of the aforementioned risk mitigation plan.”
15. Add as point 1.8. of Chapter XVI of Circular RUNOR - 1 (text as per Communication “A” 422), the following:
“1.8. The sanctions of the Financial Information Unit, the National Securities Commission and/or the National Insurance Superintendency that fall on exchange houses, agencies and offices and/or their authorities may give rise to the revocation of the authorizations granted when, in the BCRA's judgment, fundamental changes have occurred in the conditions necessary to maintain the authorization, including the suitability, experience, moral probity or integrity of the members of the board of directors or equivalent authority of the obligated subject, partners, shareholders or managers.”
16. Replace point 2.9. of Chapter XVI of Circular RUNOR - 1 (text as per Communication “A” 5248), with the following:
“2.9. Disqualifications, suitability, probity and experience. Natural or legal persons affected by the disqualifications established in article 4 of Law 18.924 may not serve as exchange brokers.
In addition, the level of probity and moral integrity of the person will be assessed, taking into consideration whether they have violated rules, whether they have been linked to dishonest commercial practices, whether they have been convicted of crimes of money laundering and/or terrorist financing and/or appear on the lists of terrorists and terrorist associations issued by the United Nations Security Council, and whether they have been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insurance Superintendency (SSN).”
17. Incorporate as point 1.1.5. of Section 1. of the rules on “Distribution of results” the following:
“1.1.5. record sanctions imposed by the Financial Information Unit (UIF) that are considered significant, except when corrective measures have been implemented to the satisfaction of the Superintendency of Financial and Exchange Entities or, in the case where a risk mitigation plan has been required, that it has been approved by said Superintendency.”
Finally, we send you the sheets that, replacing those previously provided, should be incorporated into the rules on “Prevention of money laundering, terrorist financing and other illicit activities”, “Representatives of foreign financial entities not authorized to operate in the country”, “Cooperative Credit Banks (Law 26.173)” and “Distribution of results”. Likewise, it is recalled that on the website of this Institution www.bcra.gob.ar, by accessing “regulations” (“ordered texts”), you will find the modifications made with texts highlighted in special characters (strikethrough and bold).
We greet you attentively.
CENTRAL BANK OF THE ARGENTINE REPUBLIC
Matías A. Gutiérrez Girault
Issuance Manager of Rules
Alfredo A. Besio
Deputy General Manager of Rules
PREVENTION OF MONEY LAUNDERING, TERRORIST
FINANCING AND OTHER ILLICIT ACTIVITIES
B.C.R.A.
Section 1. Complementary rules for the prevention of money laundering and
terrorist financing.
At the end of each calendar month, with the data stored in accordance with the provisions of points 1.3.1. and 1.3.2. -in this case, when during the period computable operations for $ 40,000 or more (or their equivalent in other currencies) have been added-, a backup copy (“backup”) must be made.
Said element will contain, in addition to that information, the data corresponding to the previous months of the last 5 (five) years, that is, it must comprise a maximum of 60 months.
That backup copy must be available to the Central Bank of the Argentine Republic to be delivered within 48 business hours of request.
Operations arranged with holders belonging to the local non-financial public sector and the entities included in Law 21.526.
The Central Bank (BCRA) shall evaluate -within the framework of its competence- the final resolutions on sanctions that the UIF notifies to it regarding the obligated subjects under its supervision.
The facts subject to the sanction shall be analyzed taking into account first the magnitude of the infraction and the situations of recidivism (when, there being a sanctioning resolution, during the following twelve consecutive months, the obligated subject is sanctioned again) or of repetition of sanctions (when the obligated subject has been sanctioned for different infractions in the indicated period).
Other parameters to be taken into consideration when weighing the facts shall be the existence of damages caused to third parties, the benefit generated for the sanctioned party, its operating volume, its patrimonial responsibility and the function exercised by the natural persons authorized by the Central Bank who are involved.
The preceding analysis may give rise to:
1.4.1.1. the summary proceedings and sanctions provided for in art. 41 and related provisions of the Law on Financial Entities, both for the obligated subjects covered by the BCRA's regulations and for the natural persons authorized by the Central Bank who are involved;
Version:11a. COMMUNICATION “A” 5485
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PREVENTION OF MONEY LAUNDERING, OF THE FINANCING DEL TERRORISMO Y OTRAS ACTIVIDADES ILÍCITAS B.C.R.A.
Section 1. Complementary rules for the prevention of money laundering and of the
financing of terrorism.
1.4.1.2. that the BCRA considers such a record unfavorable in the cases of applications for:
the expansion of the activities of financial and exchange entities (transformation into another financial entity, installation of operating offices in the country or abroad, increase of its participation in other financial entities of the country or abroad or installation of representation offices abroad -as applicable-), except as provided for financial entities of the provinces, Autonomous City of Buenos Aires and municipal ones in their respective jurisdictions; and/or
distributing profits by financial entities.
1.4.2. Other breaches of the rules on prevention of money laundering and financing of terrorism.
When the Central Bank, in its control and prevention tasks for money laundering and financing of terrorism, verifies that the breaches detected also constitute infractions of Laws 21.526 and 18.924 and their regulatory rules, it may consider whether these infractions justify the exercise of the powers provided for by article 41 and related provisions of the Law on Financial Entities and initiate, where appropriate, summary proceedings against the obligated subject and the members of its board of directors or equivalent authority.
1.4.3. Corrective measures ordered by the BCRA.
Once a sanction is communicated or a regulatory breach is detected in matters of prevention of money laundering and/or financing of terrorism, the Central Bank may immediately require corrective measures and/or compliance with a risk mitigation plan, arranging the actions pertaining to its monitoring with the purpose that the obligated subjects improve their prevention systems in those matters.
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B.C.R.A.
ORIGIN OF THE PROVISIONS INCLUDED IN THE ORDERED TEXT OF THE RULES ON “PREVENTION OF MONEY LAUNDERING, OF THE FINANCIA- MIENTO DEL TERRORISMO Y OTRAS ACTIVIDADES ILÍCITAS”
CENTRAL BANK OF THE ARGENTINE REPUBLIC
| TEXTO ORDENADO | NORMA DE ORIGEN | OBSERVACIONES | ||||
|---|---|---|---|---|---|---|
| Sección | Punto | Párrafo Comunic. | Punto | Párrafo | ||
| 1. | 1.1. | “A” 5218 | Según Com. “A” 5352. | |||
| 1.2. | “A” 5218 | Según Com. “A” 5352. | ||||
| 1.3.1. | “A” 2627 | 2. | 1° | Según Com. “A” 3037, 4353 y 5218. | ||
| 1.3.1.1. | “A” 2627 | 2.1. | Según Com. “A” 3037. | |||
| 1.3.1.2. | “A” 3037 | |||||
| 1.3.1.3. | “A” 2627 | 2.2. | ||||
| 1.3.1.4. | “A” 2627 | 2.3. | According to Com. “A” 3037. | |||
| 1.3.1.5. | “A” 2627 | 2.4. | According to Com. “A” 3037 and 4353. | |||
| 1.3.1.6. | “A” 2627 | 2.5. | According to Com. “A” 3037. | |||
| 1.3.1.7. | “A” 3037 | |||||
| 1.3.1.8. | “A” 2627 | 2.6. | According to Com. “A” 3037 and 4353. | |||
| 1.3.1.9. | “A” 2627 | 2.7. | According to Com. “A” 3037. | |||
| 1.3.1.10. | “A” 2627 | 2.8. | ||||
| 1.3.1.11. | “A” 3037 | |||||
| 1.3.1.12. | “A” 2627 | 2.9. | ||||
| 1.3.1.13. | “A” 2627 | 2.10. | ||||
| 1.3.1.14. | “A” 2627 | 2.11. | ||||
| 1.3.1.15. | “A” 2627 | 2.12. | ||||
| 1.3.1.16. | “A” 3217 | 1. | ||||
| 1.3.1.17. | “A” 3249 | 3. | ||||
| 1.3.1.18. | “A” 4954 | According to Com. “A” 5218. | ||||
| 1.3.2. | “A” 2627 | 3. | According to Com. “A” 3037, 4353, 4424 and 5218. | |||
| 1.3.3. | “A” 2627 | 5. | According to Com. “A” 4353 and 5218. | |||
| 1.3.4. | “A” 2627 | 4. | According to Com. “A” 5162. | |||
| 1.4.1. | "A" 5485 | |||||
| 1.4.2. | "A" 5485 | |||||
| 1.4.3. | "A" 5485 | |||||
| 2. | 2.1. | 1° | "A" 2543 | 1. | 1° | According to Com. "A" 3059 and 3831. |
| 2° | "A" 4713 | |||||
| 2.2.1. | "A" 2543 | 1. | 2° | According to Com. "A" 3061 and 4713. | ||
| 2.2.2. | "A" 2543 | 1. | 2° | |||
| 2.2.3. | "A" 5130 | |||||
| 2.2.4. | "A" 5162 | 2. | ||||
| 2.3. | "A" 2543 | 2. | ||||
| 3. | 3.1. | 1° | "A" 2213 | 1° | ||
| 2° | "A" 2213 | 3° | ||||
| 3.2.1. | "B" 5672 | 5° | ||||
| 3.2.1.1. | "B" 5672 | 5° | ||||
| 3.2.1.2. | Includes interpretive clarification. | |||||
| 3.2.2. | "B" 5672 | 4° | ||||
| 3.2.3. | "B" 5672 | 6° | ||||
| 3.3.1. | "B2 5672 | 2° | ||||
| 3.3.2. | "A" 2213 | 2° | ||||
| "B" 5672 | 3° |
REPRESENTATIVES OF FOREIGN FINANCIAL INSTITUTIONS B.C.R.A.
NOT AUTHORIZED TO OPERATE IN THE COUNTRY
Section 2. Authorization.
2.2.2.3. Years of residence in the country, if applicable.
2.2.2.4. Type and number of valid identification document to prove identity in accordance with the rules on “Identification documents in force”.
2.2.2.5. Sex and marital status.
2.2.2.6. Full first name(s) and last name(s) of the spouse, if applicable.
2.2.2.7. Address at which the office will be installed to carry out the representative's activities.
2.2.2.8. Actual address.
2.2.2.9. Special address in the Autonomous City of Buenos Aires for all notifications from the Superintendency of Financial and Exchange Institutions.
2.2.2.10. Profession and background on banking and financial experience, if applicable.
2.2.2.11. Financial institutions with which it operates.
2.2.2.12. Work activities carried out at other companies, identifying the recipient of its services and its address.
2.2.2.13. Sworn statement that it is not included in the disqualifications established in article 10 of the Financial Institutions Law, that it has not been convicted of money laundering and/or terrorist financing crimes, that it does not appear on the lists of terrorists and terrorist associations issued by the United Nations Security Council, and as to whether it has been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insurance Superintendency (SSN).
For these purposes, the application “Personal background of authorities of financial institutions” available on the website of the Central Bank of the Argentine Republic (www.bcra.gob.ar) must be used.
The submission of the “Sworn Statement on the status of Politically Exposed Person” must also be complied with, which must conform to the formal guidelines established by the UIF.
2.2.2.14. Criminal record certificate issued by the National Registry of Recidivism within the 5 (five) business days prior to the date of its submission to the Central Bank of the Argentine Republic. In addition, in the case of natural persons who at the time of their appointment have their actual address abroad, the equivalent certificate issued by the competent government authority of the country where they reside must be submitted.
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REPRESENTATIVES OF FOREIGN FINANCIAL INSTITUTIONS B.C.R.A.
NOT AUTHORIZED TO OPERATE IN THE COUNTRY
Section 2. Authorization.
2.2.2.15. Money laundering and terrorist financing prevention manual that observes the particularities of the activity in accordance with the provisions of the Financial Information Unit (UIF).
The Superintendency of Financial and Exchange Institutions may require the additional elements of judgment it deems necessary to complete the analysis of the authorization request.
When the requesting entities and/or the proposed principal and/or alternate representatives do not satisfy the requests of the Superintendency of Financial and Exchange Institutions within the 30 (thirty) calendar days following the date on which they become aware of the respective requirement, their authorization requests shall be considered withdrawn and the corresponding proceedings shall be archived, and no new request shall be processed until one year has elapsed from the date of expiration of the granted period.
The authorization agreement shall be conditioned upon the analysis and assessment that the Superintendency of Financial and Exchange Institutions makes of the project.
Such evaluation shall take into consideration:
2.5.1. the convenience of the initiative, based on the characteristics of the project,
2.5.2. the general and particular conditions of the market,
2.5.3. the background and responsibility of the represented entity and of the proposed representatives (principal and alternate/s), and
2.5.4. the non-existence - with respect to the applicants - of the disqualifications and incompatibilities set forth in article 10 of the Financial Institutions Law.
2.6.1. The authorization granted, as well as the commencement of the activity of the principal and alternate/s representatives, shall be conditioned upon the submission, by them, of proof of their registrations as such before the competent local corporate control body, within 90 (ninety) calendar days of notification of the corresponding resolution.
2.6.2. To maintain the authorization received, the representative must keep the Special Book and other commercial records provided for in point 5.1 in legal form, recording in chronological order all the activities it carries out, and comply with the information regime referred to in point 5.2.
The invocation of the legislation of the country of the represented entity shall not be admitted when it implies a limitation to compliance with these requirements.
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B.C.R.A.
ORIGIN OF THE PROVISIONS INCLUDED IN THE CONSOLIDATED TEXT OF THE RULES ON “REPRESENTATIVES OF FOREIGN FINANCIAL INSTITUTIONS NOT AUTHORIZED TO OPERATE IN THE COUNTRY”
| CONSOLIDATED TEXT | SOURCE RULE | OBSERVATIONS | |||||||
|---|---|---|---|---|---|---|---|---|---|
| Sect. Point Para. | Com. | Annex Chap. Sect. Point | Para. | ||||||
| 1. | 1.1. | "A" 2241 | VI | 1. | 1. | According to Com. "A" 4775 (pt. 1.) and 4981. | |||
| 1.2. | "A" 2241 | VI | 6. and 9. | 9.4. | 1st | According to Com. "A" 4981. | |||
| 1.3. | "A" 2241 | VI | 5. | According to Com. "A" 4981. | |||||
| 1.4. | "A" 2241 | VI | 7. | According to Com. "A" 4981 and 5093. | |||||
| 1.5.1. | "A" 2241 | VI | 8. and 9. | 9.4. | 2nd and 2nd | According to Com. "A" 4981. | |||
| 1.5.2. | "A" 2241 | VI | 8. | 1st | According to Com. "A" 4981. | ||||
| 1.5.3. | "A" 4981 | ||||||||
| 1.5.4. | "A" 2241 | VI | 8. | 1st | According to Com. "A" 4981. | ||||
| 1.6.1. | "A" 4981 | ||||||||
| 1.6.2. | "A" 2241 | VI | 9. | 9.4. | 1st and 2nd | According to Com. "A" 4981. | |||
| 2. | 2.1. | "A" 2241 | VI | 1. | According to Com. "A" 4775 (pt. 1.) and 4981. | ||||
| 2.2. | 1° | "A" 2241 | VI | 2. | According to Com. "A" 4775 (item 1) and 4981. | ||||
| 2° | "A" 2241 | VI | 3. | 3.1. | Last | According to Com. "A" 4775 (item 1) and 4981. | |||
| 2.2.1. | "A" 2241 | VI | 3. | 3.1. | According to Com. "A" 2362, 4775 (item 1), 4835 (item 5) and 4981. | ||||
| 2.2.2. | "A" 2241 | VI | 3. | 3.2. | According to Com. "A" 4775 (item 1), 4981, 5223, 5248, 5408 and 5485 (item 11). | ||||
| 2.3. | "A" 4981 | ||||||||
| 2.4. | "A" 2241 | VI | 4. | 4.1. | 2° | According to Com. "A" 4775 (item 1) and 4981. | |||
| 2.5. | "A" 2241 | VI | 4. | 4.1. | 1° | According to Com. "A" 3700 (item 3), 4775 (item 1) and 4981. | |||
| 2.6. | "A" 2241 | VI | 4. | 4.2. | According to Com. "A" 4775 (item 1) and 4981. | ||||
| 3. | 3.1. | "A" 4981 | |||||||
| 3.2. | "A" 2241 | VI | 10. | According to Com. "A" 4981 and 5202. | |||||
| 4. | "A" 2241 | VI | 3. | 3.3. | 1° and 2° | According to Com. "A" 3700 (item 2.) and 4981. | |||
| 5. | 5.1. | "A" 2241 | VI | 9. | 9.1.1. and 9.1.2. | According to Com. "A" 4775 (item 1.) and 4981. | |||
| 5.2. | "A" 2241 | VI | 9. | 9.1.3. | According to Com. "A" 2822 (item 1.), 4775 (item 1.) and 4981. |
COOPERATIVE CREDIT UNIONS (LAW 26.173)
B.C.R.A.
Section 1. Authorization.
1.3.7. List of directors who will form part of the Executive Management Committee (article 71 of the Cooperatives Law) made up of 3 members, which must have a chairman. All its members must demonstrate experience in financial matters, which must preferably be accredited through directive or managerial positions or positions of relevance in financial institutions and/or, complementarily and subsidiarily, through their professional performance and/or career in public or private service in matters or areas that are relevant to the commercial profile of the entity, in the country.
1.3.8. List of the members of the Supervisory Commission or of the Statutory Auditor.
The statutory auditor must be a graduate in Economic Sciences and/or Law.
When the function is collegiate, the Supervisory Commission will be made up of 3 members. At least two of its members must be graduates in Economic Sciences and/or Law. Their terms will be renewable, for a single consecutive period, without prejudice to the fact that they may be elected later with the interval of one period during which they may not form part of the Board of Directors or of the Executive Management Committee.
1.3.9. Sworn statement on personal and criminal records, of the persons referred to in points 1.3.6., 1.3.7. and 1.3.8. in which they state that none of the disqualifications established by article 10 of the Financial Institutions Law applies to them, that they have not been convicted of crimes of money laundering and/or terrorist financing, that they do not appear on the lists of terrorists and terrorist associations issued by the United Nations Security Council, and as to whether they have been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insurance Superintendency (SSN).
For these purposes, the application "Personal background of authorities of financial institutions" available on the website of the Central Bank of the Argentine Republic (www.bcra.gob.ar) must be used.
The criminal record certificates must have been issued by the National Registry of Recidivism within the 5 (five) business days prior to the date of their submission to the Central Bank of the Argentine Republic. In addition, in the cases of natural persons who at the time of their appointment have their actual domicile abroad, the equivalent certificate issued by the competent government authority of the country where they reside must be submitted.
The submission of the "Sworn Statement on the Status of Politically Exposed Person" must also be complied with, which must conform to the formal guidelines established by the UIF.
1.3.10. Members who subscribe capital for a sum of $ 40,000 or more must comply with the requirements established in point 1.3.9.
Likewise, they must demonstrate that they have adequate solvency and liquidity to make effective, within the period provided in point 1.5.3., the committed capital contributions, attaching the documentation.
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COOPERATIVE CREDIT UNIONS (LAW 26.173)
B.C.R.A.
Section 1. Authorization.
In addition, the level of probity and moral integrity of the person will be weighed, taking into consideration whether they have violated rules or were linked to dishonest commercial practices, or whether they have been convicted of crimes of money laundering and/or terrorist financing and/or appear on the lists of terrorists and terrorist associations issued by the United Nations Security Council.
1.3.11. For each of the members - natural persons and legal entities - who subscribe capital in an amount equal to or greater than $ 40.000, a certification issued by an independent public accountant, with a signature legalized by the respective Professional Council of Economic Sciences, must be submitted, stating that the member has the necessary funds to meet the obligations arising and the origin of such funds when they do not derive from the sale of assets. In the event of having irrevocable contributions on account of future capital contributions, they must report on the procedures carried out or to be carried out for their capitalization and, in addition, must submit all the information detailed in point 1.3.9. regarding the persons who have made the contributions.
If at the time of submitting the application the member does not have sufficient liquid funds to complete the capital contributions, they must indicate the assets they will dispose of to obtain them.
1.3.12. Special domicile in the Autonomous City of Buenos Aires established for the purposes of proceedings with the Central Bank of the Argentine Republic and the Superintendency of Financial and Exchange Entities related to the application.
1.3.13. Business plan and projections that make it feasible to carry out the activity, prepared in accordance with the provisions issued by the Superintendency of Financial and Exchange Entities, specifically established for this type of entities, and an organizational chart with the structure projected for the entity, which must be certified by a Public Accountant whose signature must be legalized by the corresponding Professional Council.
1.3.14. Draft bylaws by which it is to be governed (according to the model bylaws approved by the National Institute of Associativity and Social Economy), which must comply with the Cooperatives Law and the Financial Entities Law, as well as the regulatory rules issued by the supervisory authorities.
1.3.15. Anti-money laundering and anti-terrorism financing manuals that observe the particularities of the activity in accordance with the provisions of the UIF.
1.3.16. Draft information systems and information technology.
1.4.1. Authorization requests shall be deemed withdrawn when applicants do not submit - within 60 (sixty) calendar days from the date on which the Superintendency of Financial and Exchange Entities notifies them of the omission - any element of the documentation required referred to in point 1.3. This circumstance results in the filing of the proceedings, and no new request shall be processed until one year has elapsed from the expiration date of the period granted.
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COOPERATIVE CREDIT INSTITUTIONS (LAW 26.173)
C.B.R.A.
Section 1. Authorization.
1.4.2. The same criterion shall apply to any additional information that such Superintendency requests for the purpose of evaluating the project, which is not submitted within 30 (thirty) calendar days of being requested.
1.5.1. The authorizations granted become void if they are not used within one year from the date they were granted and are subject to compliance with the following requirements.
1.5.2. Obtaining authorization to operate as a cooperative from the implementing authority of the Cooperatives Law and its registration in the corresponding register.
1.5.3. Full payment of the proposed minimum initial capital within 60 (sixty) calendar days from the date of the authorization resolution, regardless of whether the subsequent payment of the total subscribed capital is chosen, observing in this regard the provisions of the Cooperatives Law.
1.5.4. Submission to the Superintendency of Financial and Exchange Entities of the list of members of the Board of Directors (main and alternate), appointed by the constitutive assembly, of the Executive Management Committee, of the member(s) of the Supervisory Commission or of the Auditor - as applicable - and of the managers, accompanied by the information referred to in point 1.3.9., unless they are persons whose data are already in the possession of such Superintendency having been added to the authorization application. Managers and functional positions of a higher level must have adequate experience in financial matters.
Furthermore, the level of probity and moral integrity of the person will be assessed, taking into consideration whether they have violated rules or been involved in dishonest commercial practices, whether they have been convicted of money laundering and/or terrorism financing crimes and/or appear on the lists of terrorists and terrorist associations issued by the United Nations Security Council, and whether they have been sanctioned by the Financial Information Unit (UIF), the National Securities Commission (CNV) and/or the National Insurance Superintendency (SSN).
1.5.5. Complete installation in a suitable premises that observes the minimum security measures established by the Central Bank of the Argentine Republic.
1.5.6. All provisions relating to the licensing of entities must be complied with at least 30 (thirty) calendar days before the expiration of the period established for their opening, notifying the Superintendency of Financial and Exchange Entities of such circumstance so that it may issue an opinion on the matter.
Failure to comply within the established period with any of the provisions of this Section shall result in the cancellation of the authorization granted, and no new request shall be processed until one year has elapsed from the notification of such event.
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CAJAS DE CRÉDITO COOPERATIVAS (LEY 26.173)
B.C.R.A.
Sección 1. Autorización.
1.7. Granting of the authorization. The Superintendency of Financial and Exchange Entities shall notify applicants by reliable means of the resolution of the Board of Directors of the Central Bank of the Argentine Republic by which the authorization is granted, as well as the date on which the period within which it may begin to operate expires.
The authorization is granted exclusively for carrying out operations in the area of operation in which, within the categories referred to in item 1.3.5., the credit union projects to develop its activity, through its head office with up to five (5) branches (including in said number the temporary service offices and excluding other facilities intended for the provision of certain services and those for service at client companies).
For the purposes of its delimitation, the criterion of geographical adjacency (exclusively within the national territory) established in article 18, subsection a) of the Financial Entities Law (text according to article 2 of Law 26.173) and the parameters, among others, set forth below in order for the formulation of the business plan and the analysis of the project's viability shall be taken into account:
1.7.1. Factors related to the degree of financial inclusion, taking into account the coverage of financial services and the competition among existing entities.
i) Private deposits per capita (in quantity and amount).
ii) Private loans per capita (in quantity and amount).
iii) Automated teller machines per 100.000 capita.
iv) Number of financial entities and branches per 100.000 capita.
v) Concentration of loans per person/company.
i) Concentration of loans to the private sector in existing entities.
ii) Concentration of private sector deposits in existing entities.
iii) Participation of public entities in loans and deposits to the private sector.
iv) Indicator that allows inferring the degree of private and social efficiency of the entities (profitability of the entities, lending rates).
i) Población por Km 2 .
ii) Geographic gross product per capita.
iii) Level of remuneration.
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CAJAS DE CRÉDITO COOPERATIVAS (LEY 26.173)
B.C.R.A.
Sección 1. Autorización.
iv) Income distribution.
v) Unemployment rate.
vi) Informality in employment.
vii) Percentage of the population below the poverty line.
i) Number of companies and their contribution to the geographic gross product.
ii) Degree of concentration in the production of companies.
iii) Sector to which the main companies/SMEs belong.
iv) Level of industrialization of SMEs.
v) Age of the fixed assets of companies.
vi) Participation of the agricultural sector.
vii) Exports per capita.
viii) Participation in the level of employment of the public sector.
1.7.3. Other objective parameters, provided they come from information prepared by public bodies, or private organizations independent of the promoters and/or founders of the entity, with a recognized track record and are easily accessible.
In all cases, the source from which the proposal has been prepared must be expressly stated.
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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 | SOURCE RULE | OBSERVATIONS | |||||||
|---|---|---|---|---|---|---|---|---|---|
| Sec. | Point | Par. | Com. | Annex | Chap. | Sec. | Point | Par. | |
| 1. | 1.1. | “A” 4712 | Sole | 1. | 1.1. | ||||
| 1.2. | “A” 4712 | Sole | 1. | 1.2. | |||||
| 1.3. | “A” 4712 | Sole | 1. | 1.3. | S/Com. “A” 5168, 5248, 5408 and 5485. | ||||
| 1.4. | “A” 4712 | Sole | 1. | 1.4. | |||||
| 1.5. | “A” 4712 | Sole | 1. | 1.5. | S/Com. “A” 5248 and 5485. | ||||
| 1.6. | “A” 4712 | Sole | 1. | 1.6. | |||||
| 1.7. | “A” 4712 | Sole | 1. | 1.7. | |||||
| 2. | 2.1. | “A” 4712 | Sole | 2. | 2.1. | S/Com. “A” 5272. | |||
| 2.2. | “A” 4712 | Sole | 2. | 2.2. | |||||
| 2.3. | “A” 4712 | Sole | 2. | 2.3. | |||||
| 2.4. | “A” 4712 | Sole | 2. | 2.4. | S/Com. “A” 5168. | ||||
| 2.5. | “A” 4712 | Sole | 2. | 2.5. | S/Com. “B” 9186 and “A” 5067 and 5275. | ||||
| 2.6. | “A” 4712 | Sole | 2. | 2.6. | S/Com. “A” 5272. | ||||
| 2.7. | “A” 4712 | Sole | 2. | 2.7. | S/Com. “A” 4972 (item 9.). | ||||
| 2.8. | “A” 4712 | Sole | 2. | 2.8. | |||||
| 2.9. | “A” 4712 | Sole | 2. | 2.9. | |||||
| 3. | 3.1. | “A” 4712 | Sole | 3. | 3.1. | ||||
| 3.2. | “A” 4712 | Sole | 3. | 3.2. | |||||
| 3.3. | “A” 4712 | Sole | 3. | 3.3. | S/Com. “A” 4809, 5091 and 5164. | ||||
| 3.4. | “A” 4712 | Sole | 3. | 3.4. | |||||
| 3.5. | “A” 4712 | Sole | 3. | 3.5. | |||||
| 3.6. | “A” 4712 | Sole | 3. | 3.6. | |||||
| 3.7. | “A” 4712 | Sole | 3. | 3.7. | |||||
| 4. | 4.1. | “A” 4712 | Sole | 4. | 4.1. | ||||
| 4.2. | "A" 4712 | Sole | 4. | 4.2. | |||||
| 4.3. | "A" 4712 | Sole | 4. | 4.3. | S/Com. "A" 4891 (pts. 9. to 12.). | ||||
| 4.4. | "A" 4712 | Sole | 4. | 4.4. | |||||
| 4.5. | "A" 4712 | Sole | 4. | 4.5. | |||||
| 4.6. | "A" 4712 | Sole | 4. | 4.6. | |||||
| 4.7. | "A" 4712 | Sole | 4. | 4.7. | |||||
| 4.8. | "A" 4712 | Sole | 4. | 4.8. | S/Com. "B" 9186 and "A" 4972 (pt. 6.). | ||||
| 5. | 5.1. | "A" 4712 | Sole | 5. | 5.1. | S/Com. "A" 5275. | |||
| 5.2. | "A" 4712 | Sole | 5. | 5.2. | S/Com. "A" 5067 and 5275. | ||||
| 5.3. | "A" 4712 | Sole | 5. | 5.3. | |||||
| 5.4. | "A" 4712 | Sole | 5. | 5.4. | |||||
| 5.5. | “A” 4712 | Sole | 5. | 5.5. | S/Com. “A” 5067 and 5275. | ||||
| 5.6. | “A” 4712 | Sole | 5. | 5.6. | |||||
| 5.7. | “A” 4712 | Sole | 5. | 5.7. | |||||
| 6. | 6.1. | “A” 4712 | Sole | 6. | 6.1. | ||||
| 6.2. | “A” 4712 | Sole | 6. | 6.2. | S/Com. “A” 5299. | ||||
| 6.3. | “A” 4712 | Sole | 6. | 6.3. |
DISTRIBUTION OF RESULTS
B.C.R.A.
Section 1. General criterion.
Financial institutions may distribute results provided that the following situations are not verified as of the month prior to the submission of the authorization request to the Superintendency of Financial and Exchange Institutions:
1.1.1. they are covered by the provisions of articles 34 “Regularization and restructuring” and 35 bis “Restructuring of the entity in protection of credit and bank deposits” of the Law on Financial Institutions,
1.1.2. they record financial assistance for illiquidity from the Central Bank of the Argentine Republic, within the framework of article 17 of the Charter of this Institution,
1.1.3. they present delays or non-compliances in the reporting regime established by this Institution,
1.1.4. they record deficiencies in the integration of minimum capital - individually or consolidated - (without computing for such purposes the effects of individual exemptions granted by the Superintendency of Financial and Exchange Institutions) or of minimum cash - on average - in pesos, in foreign currency or in public securities, or
1.1.5. they record sanctions imposed by the Financial Information Unit (FIU) that are considered significant, except when corrective measures have been implemented to the satisfaction of the Superintendency of Financial and Exchange Institutions or, in the case where a risk mitigation plan has been required, that it has been approved by said Superintendency.
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ORIGIN OF THE PROVISIONS INCLUDED IN THE CONSOLIDATED TEXT OF THE RULES ON “DISTRIBUTION OF RESULTS”
| CONSOLIDATED TEXT | SOURCE RULE | OBSERVATIONS | ||||||
|---|---|---|---|---|---|---|---|---|
| Sect. Point | Par. | Comm. | Annex Chap. Sect. Point Par. | |||||
| 1. | 1.1. | “A” 4589 | 1. | |||||
| 1.1.1. | "A" 4589 | 1.1. | ||||||
| 1.1.2. | "A" 4589 | 1.2. | According to Com. "A" 4591 (point 6.) and 5072. | |||||
| 1.1.3. | "A" 4589 | 1.3. | ||||||
| 1.1.4. | "A" 4589 | 1.4. | According to Com. "A" 5072. | |||||
| 1.1.5. | "A" 5485 | |||||||
| 2. | 2.1. | "A" 4589 | 2. | According to Com. "A" 4591 (point 6.) and 5273. | ||||
| 2.1.1. | "A" 4589 | 2.1. | ||||||
| 2.1.2. | 1° | "A" 4589 | 2.2. | 1° | According to Com. "A" 4698, 4898, 4976, 5072 and "B" 9186. | |||
| 2° | "A" 4589 | 2.2. | 2° | According to Com. "A" 4591 (point 7.), 4664, 4898 and 4976. | ||||
| 3° | "A" 4898 | According to Com. "A" 4976, 5072 and 5180. | ||||||
| 4° | "A" 4589 | 2.2. | 3° | |||||
| 2.1.3. | "A" 4589 | 2.3. | ||||||
| 2.1.4. | "A" 4589 | 2.4. | ||||||
| 2.1.5. | "A" 4686 | 3. | ||||||
| 2.1.6. | "A" 4702 | 4. | According to Com. "A" 5180. | |||||
| 2.2. | "A" 4589 | 3. | According to Com. "A" 4591 (point 8.), 5072, 5273 and "B" 9104. | |||||
| 2.2.1. | "A" 4589 | 3.1. | According to Com. "A" 4591 (point 8.). | |||||
| 2.2.2. | "A" 4589 | 3.3. | iv) | According to Com. "A" 4591 (point 8.) and "B" 9104. | ||||
| 2.2.3. | "A" 4589 | 3.3. | According to Com. "A" 4591 (point 8.). | |||||
| 2.3. | "A" 4589 | 4. | ||||||
| 3. | 3.1. | "A" 4591 | 1. | According to Com. "A" 5282. | ||||
| 3.1.1. | "A" 4591 | 1. | Incorporates the interpretive criterion of Com. "C" 46841. According to Com. "A" 5393. | |||||
| 3.1.2. | "A" 4591 | 1. | According to Com. "A" 4686, 4702, 5072, 5180, 5282 and "B" 9104. | |||||
| 4. | "A" 5272 | 9. | According to Com. "A" 5282 and 5346. |
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