Rule · BCRA · 11 Feb 2021 · A 7225
First-tier commercial banks that enable clients to operate with ATMs must open a “Special fund repatriation account – Solidarity and extraordinary contribution. Law 27.605” exclusively for natural persons or undivided estates covered by that contribution, crediting repatriated foreign currency or financial-asset proceeds via transfers from abroad whose originators and recipients are account holders and declarants, in the repatriation currency, for the term in articles 6 of Law 27.605 and 3 of AFIP General Resolution No. 4930/2021. Entities must keep transfer documentation and inform AFIP of debits and credits. Effective 12/2/2021.
2021 - YEAR OF TRIBUTE TO THE NOBEL PRIZE IN MEDICINE DR. CÉSAR MILSTEIN
COMMUNICATION “A” 7225
11/02/2021
TO FINANCIAL INSTITUTIONS:
Ref.: Circular
OPASI 2 - 633
We address you to inform you that this Institution adopted the following resolution:
“1. Establish that first-tier commercial banks that enable their clients to operate with ATMs – their own or others’ – must open the “Special fund repatriation account - Solidarity and extraordinary contribution. Law 27.605” in the name and to the exclusive order of natural persons or undivided estates covered by the aforementioned contribution – in accordance with the provisions of the cited law, Decree No. 42/2021 and AFIP General Resolution No. 4930/2021 and amendments –, for the purposes of making the corresponding repatriation of funds.
The amount originating from the repatriation of foreign currency holdings and/or the result of the realization of financial assets located abroad must be credited to these accounts, which must be opened for that sole purpose at the request of the subjects obligated to pay the contribution.
2. Provide that the credits in the accounts referred to in point 1. of this communication shall be made and maintained – for the term established in articles 6 of Law 27.605 and 3 of AFIP General Resolution No. 4930/2021 and amendments – in the currency in which the repatriation of funds is effected and must come only from transfers from abroad whose originator(s) and recipient(s) are holder(s) of the account and declarant(s) of the repatriation.
Credits originating from transfers from abroad originating in accounts of entities constituted abroad, which have been declared to AFIP by the holder of the destination account under their personal CUIT, within the framework of article 39 of Law 27.260, shall also be admitted.
In all cases, more than one credit for these concepts shall be allowed.
The entities must keep in the file of this account a copy of the documentation of the transfers made.
3. Establish that financial institutions must inform AFIP – in accordance with the procedure and guidelines determined by the cited organism – of the debits and credits made in these accounts, without interrupting the computation of the terms that AFIP establishes when the deposited funds are allocated to the constitution or renewal of fixed terms or to any of the other destinations established in article 6 of Decree No. 42/2021 and its amendments.
4. Provide that, insofar as it is not provided for and to the extent that it does not oppose the provisions set forth in points 1. to 3. of this communication, the provisions established for savings account deposits – Section 1. of the rules on “Savings deposits, salary account and special accounts” shall apply.”
Finally, we send you the pages that, in replacement of those previously provided, should be incorporated into the rules on “Savings deposits, salary account and special accounts”. In this regard, it is recalled that on the page of this Institution www.bcra.gob.ar, accessing “Financial System - LEGAL AND REGULATORY FRAMEWORK - Compilations and summaries - Ordered texts of general regulations”, you will find the modifications made with texts highlighted in special characters (strikethrough and bold).
CENTRAL BANK OF THE ARGENTINE REPUBLIC
Eduardo C. Campoliti
Submanager of Issuance of Regulations
María D. Bossio
General Submanager of Financial Regulation
B.C.R.A.
ORDERED TEXT OF THE RULES ON
“SAVINGS DEPOSITS, SALARY ACCOUNT AND SPECIAL ACCOUNTS”
3.7. Savings account for authorized minors.
3.8. Special investment (Resolution No. 4/17 of the Financial Information Unit).
3.9. Demand accounts for purchases in stores.
3.10. Savings account for adolescent minors.
3.11. Universal free account.
4.1. Identification.
4.2. Tax situation.
4.3. Recommendations for the use of ATMs.
4.4. Interest rates.
4.5. Return of deposits.
4.6. Immobilized balances.
4.7. Discriminatory acts.
4.8. Closure of non-operational accounts.
4.9. Procedures manual.
4.10. Transfer service. Charges and/or commissions.
4.11. Over-the-counter operations.
4.12. Denomination of demand deposit accounts.
4.13. Special procedures for client identification in matters of international tax cooperation.
4.14. Operations in ATMs in the country not operated by financial institutions.
4.15. Deposit accounts for guarantees of futures and options operations.
4.16. Opening of accounts remotely.
4.17. Closing of accounts remotely or at any branch.
4.18. Special procedures for identification of contributions to electoral campaigns. Law 27504 – amending Law 26215 –.
4.19. Savings account repatriation of funds - Personal Assets Law 27541.
4.20. Special fund repatriation account - AFIP General Resolution No. 4816/2020 and amendments.
4.21. Special fund repatriation account - Solidarity and extraordinary contribution. Law 27605.
Correlation table.
Version: 27th. COMMUNICATION “A” 7225
Effective:
12/2/2021
Page 2
SAVINGS DEPOSITS, PAYROLL ACCOUNT AND SPECIAL ACCOUNTS B.C.R.A.
Section 4. General provisions.
4.20.4. Insofar as it is not provided for and to the extent that it does not conflict with these rules, the provisions established for deposits in savings banks and special current account for legal persons, as applicable, shall apply.
These accounts shall be opened in the name and to the order exclusively of natural persons or undivided estates covered by the aforementioned contribution –in accordance with the provisions of Law 27605, Decree No. 42/21 and AFIP General Resolution No. 4930/21 and amendments–, for the purposes of carrying out the corresponding repatriation and maintenance of funds in accordance with the conditions provided in the aforementioned regulatory framework.
The amount from the repatriation of holdings of foreign currency and/or the result of the realization of financial assets located abroad must be credited to these accounts, which –at the request of the subjects obligated to pay the contribution– must be opened for that sole purpose by first-tier commercial banks that enable their clients to operate with ATMs –their own or others–.
Credits shall be made and maintained –for the term established in articles 6 of Law 27605 and 3 of AFIP General Resolution No. 4930/21 and amendments– in the currency in which the repatriation of funds is effected and must come only from transfers from abroad whose originator(s) and recipient(s) are holder(s) of the account and declarant(s) of the repatriation.
Credits originating from transfers from abroad from accounts of entities constituted abroad, which have been declared to AFIP by the holder of the destination account under their personal CUIT, within the framework of article 39 of Law 27260, shall also be admitted.
In all cases, more than one credit for these concepts shall be allowed.
Entities must keep in the file of this account a copy of the documentation of the transfers made.
Financial entities must inform AFIP –in accordance with the procedure and guidelines determined by said organism– of the debits and credits made in these accounts, without interrupting the computation of the terms that AFIP establishes when the deposited funds are applied to the constitution or renewal of fixed terms or to any of the other destinations established in article 6 of Decree No. 42/21 and its amendments.
Version: 2nd. COMMUNICATION “A” 7225
Effective:
12/2/2021
Page 15
SAVINGS DEPOSITS, PAYROLL ACCOUNT AND SPECIAL ACCOUNTS B.C.R.A.
Section 4. General provisions.
4.21.4. Insofar as it is not provided for and to the extent that it does not conflict with these rules, the provisions established for deposits in savings banks shall apply.
Version: 1st. COMMUNICATION “A” 7225
Effective:
12/2/2021
Page 16
SAVINGS DEPOSITS, PAYROLL ACCOUNT AND SPECIAL ACCOUNTS
| SAVINGS DEPOSITS, PAYROLL ACCOUNT AND SPECIAL ACCOUNTS | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| CONSOLIDATED TEXT | SOURCE RULE | ||||||||
| Sec. | Point | Para. | Com. | Annex | Chap. | Sec. | Point | Para. | OBSERVATIONS |
| 4. | 4.4.2. | “A” 1199 | I | 5.3.2. | |||||
| 4.4.3. | “A” 1199 | I | 5.3.3. | ||||||
| 4.4.4. | “A” 3042 | ||||||||
| 4.4.5. | “A” 1199 | I | 5.3.4. | ||||||
| 4.4.6. | “A” 1199 | I | 5.3.4.1. and 5.3.4.3. | ||||||
| 4.4.7. | “A” 627 | 1. | S/Com. “A” 6419. | ||||||
| 4.5. | “A” 1199 | I | 5.1. | ||||||
| 4.5.1. | “A” 1199 | I | 5.1.1. | ||||||
| 4.5.3. | “A” 1199 | I | 5.1.3. | S/Com. “A” 5990. | |||||
| 4.6.1. | “A” 1199 | I | 5.2.1. | S/Com. “A” 3042. | |||||
| 4.6.2. | “A” 1199 | I | 5.2.2. | S/Com. “A” 3042, 4809, 5482, 6042 and 6448. | |||||
| 4.7. | “B” 6572 | S/Com. “A” 5388. | |||||||
| 4.8. | “A” 4809 | 6. | S/Com. “A” 5986 and 6249. | ||||||
| 4.9. | “A” 4809 | 7. | S/Com. “A” 5164, 5520, 5612 and 6639. | ||||||
| 4.10. | 1° | “A” 5212 | |||||||
| 4.10.1. | “A” 5127 | 3. | S/Com. “B” 9961, “A” 5164, 5212, 5473, 5718, 5778, 5927 and 7192. | ||||||
| 4.10.2. | “A” 5212 | S/Com. “A” 5718 and 7192. | |||||||
| 4.11. | “A” 5482 | S/Com. “A” 5928 and 6681. | |||||||
| 4.12. | “A” 5482 | ||||||||
| 4.13. | “A” 5588 | ||||||||
| 4.13.1. | "A" 5588 | ||||||||
| 4.13.2. | "A" 5588 | ||||||||
| 4.14. | "A" 5928 | 10. | S/Com. "A" 6236, 6483, 6639, 6709 and 6762. | ||||||
| 4.15. | "B" 11269 | ||||||||
| 4.16. | "A" 6059 | S/Com. "A" 6273. | |||||||
| 4.17. | "A" 6448 | 2. | |||||||
| 4.18. | "A" 6714 | ||||||||
| 4.19. | "A" 6893 | S/Com. "B" 11952 and "A" 6941. | |||||||
| 4.20. | "A" 7115 | S/Com. "A" 7117. | |||||||
| 4.21. | "A" 7225 | ||||||||
| 5. | 5.1. | "A" 1199 | I | 4.2.6. | S/Com. "B" 9516 and 10025, "A" 5410 and 5565. | ||||
| 5.2. | "B" 10567 | ||||||||
| 5.3. | "A" 6341 | ||||||||
| 5.4. | "A" 6945 | S/Com. "A" 6957, 7009, 7044, 7107, 7181 and "C" 87078. | |||||||
| 5.5. | "A" 6976 | ||||||||
| 5.6. | "A" 7105 | 2. | S/Com. "A" 7112 and 7125. | ||||||
| 5.7. | "A" 7181 | 2. |
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