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CHECK LAW - PART 3

Part 1 (Chapters 1 to 3)

Pertinent part
Preliminary chapter - Of the check classes
Chapter I - Of the common check
Chapter II - Of the transmission
Chapter III - Of the presentation and the payment

Part 2 (Chapters 4 to 12)

Chapter IV - Of the resource for want of payment
Chapter V - Of the check cruzado
Chapter I SAW - Of the check to credit in account
Chapter VII - Of the imputed check
Chapter VIII - Of the check certificate
Chapter IX - Of the check with “nonnegotiable” clause
Chapter X - Of Endorsement
Chapter XI - Of the check of deferred payment
Chapter XII - Common dispositions

Part 3 (Chapter 13 and Annexes)

Chapter XIII - Complementary dispositions
Annex II - “Bottom of financing of the program for people with incapacity
Decree 464/98 - Zones affected by the emergencia state or dehorn

CHAPTER XIII
- Complementary Dispositions
Article 65º - In case of silence of this law, the dispositions regarding the letter of change will be applied and to the promissory note as soon as they will be pertinent.
Article 66º - the Central bank of the Argentine Republic, like authority of application of this law:
1. It regulates the conditions and requirements of opening, operation and closes of the accounts on which common checks can be freed and of deferred payments, and the certificates to which alludes to article 58;
2. It extends the terms determined to article 25, if reasons of greater force make for the normal negotiation and payment necessary of checks;
3. It regulates the formulas of the check and mainly decides the conducive thing to the benefit of an effective service of check, including the documentary or electronic form of the recording, rejection and solution of merely formal problems of checks;
4. It authorizes accounts in foreign currency with service of check;
15 Ls. 24,760, Art. 11º, p)
16 Ls. 24,760, Art. 11º, q)
5. It can, with temp character, to determine maximum amount to checks freed to the carrier and to limit the number of endorsements of the common check.
The prescribed norms of this law that dictates the Central bank of the Argentine Republic will have to be published in the Government reporter;
6. it will 17Podrá to regulate the operation of systems of electronic check compensation, other means of payment and titles of credits, and other titles values, in agreement the agreements that on the matter celebrate the financial organizations.
In these cases the regulation will contemplate a special regime of conservation, exhibition, transmission by any means, accounting record, payment, rejection and compensation and any other element that is required to make it operative.
Such agreements between financial organizations to that the first paragraph of this interjection talks about will not be able to alter the rights that the law grants to the holders of accounts in those organizations.
18Las modifications introduced to law 24,452 by this article will prevail from the publication of the present law, except the arranged one in the interjection e).
The prescribed norms of this law that dictates the Central bank of the Argentine Republic will have to be published in the Government reporter.
Article 67º - law 21,526 of Financial Organizations determines against whom it is possible to be turned
common checks.
17 Ls. 24,760, Art. 11º, r)
18 Ls. 24,760, Art. 11º, in fine


Annex II
(Integrated to the article 7º)
“Bottom of Financing of the Program for People with Incapacity”
1. Service: Subsidy for people with incapacity.
Objective: Economic support to the disabled one.
Body of Application: Institute of Retired Social Services for and Pensioners.
2. Service: Attention to the critical economic insufficiency.
Objective: Cover of basic needs.
Body of Application: Institute of Retired Social Services for and Pensioners.
3. Service: Attention specialized in the address.
Objective: Destined to the specialized payment of personnel.
Body of Application: Institute of Retired Social Services for and Pensioners.
4. Service: Alternative systems to the familiar treatment.
Objective: Promotion and organization of small homes, families substitutes, residences, etc.
Body of Application: Institute of Retired Social Services for and Pensioners.
5. Service: Labor initiation.
Objective: Promotion and development of labor activities in individual and/or collective form.
Body of Application: Institute of Retired Social Services for and Pensioners.
6. Service: Support for rehabilitation and/or education.
Objective: Acquisition of elements and/or instruments necessary to accede to the rehabilitation and
education.
Body of Application: Institute of Retired Social Services for and Pensioners.
7. Service: Essential requirements of social character.
Objective: Destined to cover all the requirements generated by the incapacity and
socioeconomic deficiency of atypical character.
Body of Application: Institute of Retired Social Services for and Pensioners.
8. Service: Services of rehabilitation.
Objective: Attention and Treatment specialized in disciplinary centers, hospitals, centers
educative-therapeutic.
Body of Application: Institute of Retired Social Services for and Pensioners.
9. Service: Services of education.
Objective: Formation and qualification in special educative services (schools, centers of
labor qualification, etc.).
Body of Application: Institute of Retired Social Services for and Pensioners.
10. Service: Welfare services
Objective: Cover of basic and essential requirements (habitat, feeding, attention
specialized) it by day includes/understands centers, homes, residences, etc.
Body of Application: Institute of Retired Social Services for and Pensioners.
11. Service: Benefits of support.
Objective: Provision of all type of prothesis, órtesis and necessary technical assistance for
rehabilitation, education and/or labor insertion.
Body of Application: Institute of Retired Social Services for and Pensioners.
12. Service: Federalisation of the PRO.I.DIS.
Objective: Promotion and development of regional and local resources in coordination with
provincial and municipal organisms.
Body of Application: Institute of Retired and Pensioned Social Services for, coordinates
provinces and municipalities.
13. Service: Qualification of human resources.
Objective: To train personnel destining to attention of disabled people in all the country,
destined to agents of provincial organisms and delegations.
Body of Application: Institute of Retired and Pensioned Social Services for, coordinates
provinces and municipalities.
14. Service: Participation in programs P.I.T.
Objective: Incorporation of disabled.
Body of Application: Institute of Retired Social Services for and Pensioners, in
coordination with the Ministry of Work.
15. Service: Promotion of private use.
Objective: Incorporation of disabled in competitive labor market.
Body of Application: Institute of Retired Social Services for and Pensioners, in
coordination with the Ministry of Work.
16. Service: Professional training courseses.
Objective: Qualification of the disabled one for the specific labor insertion.
Body of Application: Institute of Retired Social Services for and Pensioners, in
coordination with the Ministry of Work.
17. Service: Promotion and creation of protected factories of production.
Objective: To offer labor exit in special conditions for disabled people without
possibility from access to the competitive labor market.
Body of Application: Institute of Retired Social Services for and Pensioners, in
coordination with the Ministry of Work.
18. Service: National network of use and professional formation.
Objective: Promotion of the selective positioning of disabled people through services
conventional.
Body of Application: Institute of Retired Social Services for and Pensioners, in
coordination with the Ministry of Work.
19. Service: Insurances of unemployment.
Objective: Extension of terms for disabled people.
Body of Application: Institute of Retired Social Services for and Pensioners, in
coordination with the ANSES.
20. Service: Transitory noncontributing pensions.
Objective: To assure the integral attention disabled people through the affiliation to
Institute of Retired Social Services for and Pensioners.
Body of Application: Institute of Retired Social Services for and Pensioners, in
coordination with the ANSES.
21. Service: Creation of the National Center of Technical assistance.
Objective: Investigation and development of specific technology destined to the rehabilitation,
education and social integration.
Body of Application: Institute of Retired Social Services for and Pensioners, in
coordination with the Ministry of Health and Social Action.
22. Service: Prevention, detection and early intervention.
Objective: Primary prevention and specific attention to groups of high risk.
Body of Application: Institute of Retired Social Services for and Pensioners, in
coordination with the Ministry of Health and Social Action.
23. Service: Organization of services of rehabilitation.
Objective: Promotion and creation of services of rehabilitation in health centers and hospitals
generals.
Body of Application: Institute of Social Services for the Pensioners and Pensioners, in
coordination with the Ministry of Health and Social Action.
24. Service: Accreditation of incapacity.
Objective: Certification of the incapacity with national character through the authority of
application of the provinces.
Body of Application: Institute of Retired Social Services for and Pensioners, in
coordination with the Ministry of Health and Social Action.
25. Service: People affected with AIDS.
Objective: To offer doctor-social cover to affected people.
Body of Application: Institute of Retired Social Services for and Pensioners, in
coordination with the Ministry of Health and Social Action.
Law 24.959
Provinces. Zones of disaster. Floods. Declaration of zone of disaster realized by
National executive authority. Ratification. Bottom of emergencia. Reach. Administration of
same. Emergencias. Additional measures.
Article 13º - It would authorize to the Central bank of the Argentine Republic so that it orchestrates
measures destined to avoid the application of the sanctions anticipated in Law 24,452, with respect to
victims and during the emergencia.


DECREE 464/98
Checks. Floods. Zones affected by the emergency situation or dehorn. Suspension
of the dispositions contained in the Check Law - Law 24,452 and its modifying 24.760.
SEEN file 080-002445/98 of the registry of the Ministry of Economy and Works and Services
Public, and
CONSIDERING
That diverse zones of the country have been declared in emergency situation or dehorns, in the terms
of law 22,913, as a result of the floods that suffer some regions of the national territory.
That as of the moment in which those floods began, an important one has been verified
rejection number of checks for want of provision of bottoms, freed by physical or legal people of
the zones directly affected those that, as a result of the climatic phenomenon, were seen before
impossibility to fulfill its obligations regularly.
That in Art. 62 of Annex I of law 24,452 - Check Law - (modified by law 24,760)
prehorseradish tree different consequences before the rejection of a founded check, among others reasons, in the lack of
provision of bottoms.
That, in the set out circumstances, the application of those consequences by breaches that
it is possible to describe like as greater force, would not make but aggravate the difficult economic situation by which
they cross based the physical and legal people in the zones in question, due to the imposition of
fines and close of the accounts that, in agreement with the effective norm, derive from those breaches.
That, for this reason, one becomes necessary to adopt a transitory and exceptional measurement that contemplates that
extraordinary situation and allows to avoid the worsening of the economic situation of the inhabitants of
zones declared in emergency situation or dehorn as a result of the floods affect that them, it without
damage of which the situation of the other zones is contemplated in its opportunity that can be reason for
such declaration.
That those exceptional circumstances do impossible to follow ordinary the proceedings predicted in
National constitution for the sanction of the laws.
That the present measurement dictates in use of the faculties conferred by Article 99 interjection 3,
paragraph 3º, of the NATIONAL CONSTITUTION.
For this reason,
THE PRESIDENT
OF THE ARGENTINA NATION
HE DECREES:
Article 1° - Annex I of the Law Would authorize to the Authority of Application of the Check Law (
24.452, modified by law 24,760) to suspend, previous favorable intervention of the Ministry of Economy
and Works and Services Public, the application of the dispositions contained in Art. 62 of the legal body
mentioned, with respect to checks rejected for want of provision of bottoms, from the date of
publication of the present decree, by based the physical and legal people in the zones declared in
mergencia state or dehorns, as a result of the flood that affects some regions of
national territory.
Article 2° - the Central bank of the Argentine Republic will establish the requirements that will have
to fulfill the applicants to become deserving to in question benefit.
Article 3° - Dése counts to the Honorable Congress of the Nation by virtue of the arranged thing in Art. 99,
interjection 3 of the National Constitution.
Article 4º - One communicates, etc. - MENEM. - Jorge A. Rodriguez - Roque B. Fernandez - Jorge
Domínguez - Antonio E. González - Susana B. Decibe - Guido J.I gave Tella - Carlos V. Corach - Raul E.
Granillo Ocampo - Alberto J. Mazza.
DECREE 961/98
Disabled. Bottoms obtained by the application of fines that law 24,452 anticipates, destined to the integral attention for people with incapacity - Subsidies - You rule of control and surrender of accounts
Article 4° - the omission in the presentation of the surrender of accounts, in the form and terms
established it will disqualify to the Institutions to receive new subsidies through financed Programs
with bottoms of the Law Nº 24,452, notwithstanding the legal actions that are originating.
DECREE 347/99
It would authorize to anticipated the physical or legal people disqualified by the causal ones in Annex I of the Law Nº 24,452, to ask for the Central bank of the Argentine Republic, by unique time, the previous rehabilitation payment of a fine.
SEEN article 62 of Annex I of the Law Nº 24,452 (Check Law), reformed by the Law Nº
24.760, and
CONSIDERING
That the regime restored by the Law 24,452 Nº and its regulation on the part of the Central bank of the Argentine Republic has extended considerably causal of incapacitation of depositors, having originated an increase in the intelligence activity on the part of the organizations.
That article 62 of Annex I of the Check Law establishes in its last paragraph that the financial organizations that do not close the current accounts by application of the sanctions established by that regime and its regulation, will be long-suffering of an a it fines daily of FIVE HUNDRED PESOS ($500) until a maximum of FIFTEEN THOUSAND PESOS ($15.000) by each current account in those conditions.
That it has caused the sprouting of an important number of errors, those that, once detected, had to be communicated to the organism of supervision with the object of their rectification.
That on the Central bank of the Argentine Republic it is incumbent the analysis of each case and the decision to terminate or not to the depositors disqualified in those circumstances.
That in the meantime many organizations have maintained abiertas the respective accounts, with the purpose of to avoid the damages that the depositor stops would imply the illegal closing, damages that would have moved to the organization responsible for that closing.
That, in such sense the use of the commented legal disposition, from the 13 of January of 1997, has brought prepared a significant accumulation of fines devengadas by the system, whose efectivización would hit negatively in the loanable capacity of the organizations, affecting in sensible form the unfolding of the activity of the users.
That on the matter is effective the obligation imposed to the organizations to communicate the produced apartments and to eliminate the resulting fines, which has originated the restlessness of the enterprise cameras of the sector.
That such situation requires the adoption of emergency measures, with transitory and exceptional reach, of way so to decompress quickly the onerous situation deciphers in order that as much the good operation of the financial system as the one of the market of capitals is not seen seriously affected.
That for that reason one becomes necessary to urgently prepare a measurement that allows to provide a suitable solution to the raised situation.
That in that sense it turns out advisable to authorize to the application authority to arrange, based on the prevailing conditions in the financial market and with general character and per determined time, the attenuation of the devengadas fines on the matter.
That it must be indicated that the Honorable Senate of the Nation, dated 29 of October of 1997, sanctioned a law project (file Nº 163 S 1997), to solve in integral form the situation of the disqualified depositors and the financial organizations, that in the same date was passed to revision to the Honorable House of Representatives of the Nation and that contains dispositions of similar tenor - in
pertinent - to the elaborated ones by the Commission of Finances of that Camera and to those of the present decree.
That even though the serious situation that recently affected the international markets and to that did not save the Latin American countries, it demanded more than ever the adoption of fast solutions and effective, that allowed to generally overcome in immediate form the problems demonstrated by the national economy and the financial system in particular, it concluded the period of corresponding Ordinary Sessions
to year 1998 without the text sanctioned by the Senate or the elaborated one by the Commission of Finances of the Honorable House of Representatives would be sanctioned by that Honorable Camera.
That considering the indicated situation precedingly and the urgent necessity to continue implementing in immediate form the mechanisms necessary to continue consolidating the Argentine financial system, preserving it of the negative effects that - in the conjuncture it deciphers - could be derived from the efectivización of the devengadas fines and of the prolonged maintenance of the imprecision situation in which they are so much the financial organizations as the disabled depositors
against the fulfillment of the obligations and the terms that prevail in the Check Law and its regulation, it would not be possible to continue waiting that necessary the normative modifications carry out following the ordinary proceedings anticipated by the National Constitution for the sanction of the laws.
That it has taken intervention the Main directorate from Legal Subjects of the Ministry of Economy and Works and Services Public.
That for such reason the present measurement is dictated in General Agreement of Ministers, following
procedure ready in article 99, interjection 3, of the National Constitution.
For this reason,
THE PRESIDENT
OF THE ARGENTINA NATION
HE DECREES:
Article 1° - the physical or legal people disqualified to operate in anticipated banking current accounts by the causal ones in Annex I of Law 24,452, modified by law 24,760, and its regulation, will be able to ask for the Central bank of the Argentine Republic, for unique time, the rehabilitation, previous payment of a fine whose amount will graduate the Central bank as the Argentine Republic based on the sum of the values expressed by the rejected checks that caused the closing of the respective account. This fine could not be inferior to THOUSAND PESOS ($1.000) or to the sum of rejected checks if he will be smaller, nor superior to TEN THOUSAND PESOS ($10.000).
In order to take refuge in this procedure, the applicant will have to credit, in the time and form that establishes the Central bank of the Argentine Republic, that the rejected checks that caused the incapacitation were cancelled.
The reincidente will not have right to take refuge in the benefits granted by virtue of the present article, like thus either that are disqualified by judicial decision.
Article 2° - the rehabilitation anticipated in the previous article will be applicable solely in the cases in that the incapacitation has operated to date of entrance in use of the present decree. This benefit is submitted to that the rehabilitation request becomes effective within the term of ONE HUNDRED EIGHTY (180) days in excess counted from the entrance in use of the present decree.
Article 3° - For the case of the resulting fines of the application of article 62, last paragraph, of Annex I of Law 24,452, modified by Law Nº 24,760, accumulated by each financial organization to
date of entrance in use of this decree, would authorize to the Central bank of the Argentine Republic to graduate the amount as the same between a minimum of FIFTEEN THOUSAND PESOS ($15.000) and a maximum of TWO MILLION WEIGHTS ($2.000.000) by organization, based on the amount of breaches of each.
Article 4° - the Central bank of the Argentine Republic will inform into detailed way to the Honorable Congress of the Nation the results of the application of the present norm within the NINETY (90) days of the date of use of the present decree.
Article 5° - the present decree will enter use the same day of its publication in the Government reporter.
Article 6° - Dése counts to the Honorable Congress of the Nation by virtue of the arranged thing in Art. 99, interjection 3 of the National Constitution.
Article 7º - One communicates, it is published, dése to the National Direction of the Official Registry and archívese. - MENEM. - Jorge A. Rodriguez - Roque B. Fernandez - Jorge Domínguez - Antonio E. González - Susana B. Decibe - Guido J.I gave Tella - Carlos V. Corach - Raul E. Granillo Ocampo - Alberto J. Mazza.

 

 
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