Report on Urgency and Necessity Decree No. 70/2023.
Special Edition
Urgency and Necessity Decree No. 70/2023 (the “Decree” or “DNU”), issued by the National Executive Power following art. 99, inc. 3, of the National Constitution, titled “Bases for the Reconstruction of the Argentine Economy,” was published yesterday in the Official Gazette.
Through the Decree, a state of public emergency is declared in economic, financial, fiscal, administrative, pension, tariff, health, and social matters until 12/31/2025 (art. 1). It is also established that the Federal Government will promote and ensure the effective validity, throughout the national territory, of an economic system based on free decisions, made in a framework of free competition, with respect for private property and the constitutional principles of the free circulation of goods, services, and labor. To achieve this goal, the broadest deregulation of trade, services, and industry will be implemented throughout the national territory, and all restrictions on the supply of goods and services, as well as any regulatory requirements that distort market prices, hinder private initiative, or prevent the spontaneous interaction of supply and demand, will be null and void (art. 2).
Considering that the Decree does not establish the date of its entry into force, it will come into effect eight days after its publication in the Official Gazette (cf. art. 4, Argentine Civil and Commercial Code); this is, on 12/29/2023. However, a different effective date may be established through another subsequent decree of urgency and necessity.
The Decree is subject to subsequent legislative control established in art. 99, inc. 3, of the Federal Constitution and Law 26,122. According to the provisions of this law, the Decree will remain in force until it is rejected by both Houses of the Federal Legislative.
The following will present reports issued by various departments of Beccar Varela with a brief overview of the provisions of the Decree related to their respective areas of expertise.
1. Economic Deregulation
2. Federal State Reform
3. Labour
4. Foreign Trade
5. Bioeconomy
6. Mining
7. Energy
8. Air Commercial
9. Justice
10. Health
11. Communication
12. Sports Law
13. General Company Law
14. Tourism
15. Automobile Registry
1. Economic Deregulation &
2. Federal State reform
Public Law Department Report
By Juan Antonio Stupenengo y Oscar R. Aguilar Valdez
Under Title II (“Economic Deregulation”), the Decree repealed various federal laws that regulated different aspects of the economy. Specifically, the repealed laws include:
-Law No. 18,425 of 1969, establishing a promotion regime for certain businesses.
– Law No. 26,992 of 2014, creating the Federal Observatory of Prices and Availability of Inputs, Goods, and Services.
– Law No. 27,221 of 2015, stipulates that leases of properties for tourist purposes less than three months should be governed by lodging contract rules.
– Law No. 27,545 of 2020, regulates the display of products on supermarket shelves.
– Law No. 19,227 of 1971, establishing a regime to promote wholesale markets of regional or federal importance.
– Law No. 20,680 of 1979, on Supply, regulating aspects related to the sale, exchange, and lease of movable goods, works, and services in cases of shortage.
– Articles 1 to 21 and 24 to 30 of Law No. 27,437 of 2018, known as the Argentine Purchase Law, regulate a preference system for selecting national suppliers in national procurement procedures.
– Law No. 26,736 of 2011, declares the manufacturing, commercialization, and distribution of cellulose and newspaper paper as a matter of public interest.
– Law No. 20,657 of 1974, established the regime for the commercial activity of supermarkets.
– Article 2 of Law 21,799 of 1978, establishes that judicial deposits must be made in the Banco de la Nación Argentina.
Additionally, Title III (“State Reform”) repealed numerous laws related to the organization and competencies of the Federal Administration, including:
– Decree-Law No. 15,349/46 of 1946, establishing the legal regime of federal mixed economy companies.
– Law No. 13,653 of 1949, establishing the legal regime for the operation of federal state-owned companies.
– Law No. 14,499 of 1958, setting the basis for determining benefits for retirees and pensioners.
– Law No. 20,705 of 1974, regulating the normative regime of federal state companies.
The Decree also modified specific articles of Federal Law No. 23,696 of 1989, known as the State Reform Law, declaring the Banco de la Nación Argentina subject to privatization.
It is also established that, within 180 days, all state-owned companies will be transformed into limited liability corporations which will be owned by the Federal Government. These limited liability corporations will no longer have privileges established by regulation, and the Federal Government will no longer grant advantages or benefits in any legal relationship in which these companies participate.
Application of the Federal Financial Administration Law No. 24,156 is now limited to those limited liability corporations in which the Federal Government holds a majority stake.
2. Economic Deregulation – Credit Cards:
Corporate Law Department Report
By José M. Puccinelli and Daniel Levi
Chapter II of Title II of the Decree (Articles 14 to 23) addresses the modifications made to Credit Card Law No. 25,065. Among the most relevant modifications, the following should be noted:
– The credit card system is defined as a set of individual contracts, removing the adjectives “complex and systematized.”
– The definition of issuer is modified, establishing that any entity can be an issuer as long as it is provided for in its corporate purpose.
– It is established that the identification instrument can be physical or virtual.
– The prohibition of setting fees or differentiated charges between businesses of the same category or concerning similar products or services is removed.
– The cap on fees charged to businesses for credit and debit card transactions is also removed, as well as the crediting period for the latter.
– It is required that issuers disclose to the public the financing rate applied to the credit card system.
– The limit that existed for punitive interest is removed, stating that they cannot be capitalized.
– It is established that the issuer must prepare and send the monthly statement preferably electronically. The obligation to have a copy of the statement available at the issuing branch of the card is removed.
– The need to obtain prior approval of the contract from the regulatory authority is removed.
– Various provisions of the Credit Card Law No 25,065 are eliminated, such as those related to user identification on the credit card; the content and wording of the contract; the perfection of the contractual relationship; the request for card issuance; nullities related to imposing a fixed amount for late payment of the statement and additions not authorized by the regulatory authority; the Federal Central Bank’s power to impose sanctions on issuers who do not report rates or violate the level of rates to be applied; the issuer’s obligation to provide businesses with identification materials, the regime on losses and thefts, and card cancellations; the obligation to provide electronic terminals for businesses; the prohibition of reporting to databases and personal backgrounds when obligations have not been canceled, and the obligation on issuers to monthly report their offers to the Federal Secretariat of Commerce, and the consequent power of the Federal Central Bank to impose sanctions in case of non-compliance with this obligation.
Economic Deregulation – Certificate of Deposit – Warrants
Corporate Law Department Report
By Felipe Videla
I. Amendments to Law No. 9,643:
This section provides a brief analysis of the reforms introduced by the Decree to Law No. 9,643, on Deposit Certificates. In this regard, the Decree sets forth
Expansion of the scope of eligible products for deposit operations, to include foreign-origin agricultural, livestock, forestry, mining, or manufacturing products.
Elimination of the obligation for warehouses to inform the maximum price they would charge for services to be authorized to issue deposit certificates.
Removal of the authority of the Federal Executive Power to set guarantees for those authorized to issue deposits.
Allowance for warehouses to either register with warrant companies or not. If not, they must include a disclaimer on their certificates indicating their unregistered status.
Prohibition for deposit companies to engage in buying and selling operations of the same nature as those referred to in deposit certificates.
Prohibition for warehouses to store mutually alterable goods in the same location.
Introduction of the option for warehouses to issue electronic deposit certificates or warrants.
Removal of the minimum threshold of ARS 500 for products covered by a deposit certificate, enabling certificates of any value.
Authorization for electronic signatures for the creation and subsequent endorsements of deposit certificates or warrants.
Registration of endorsements and electronic signatures in the respective electronic registry, replacing written annotations on the back of the document.
Removal of the requirement for depositors to request that deposits be recorded in packages with a value greater than ARS 500.
Elimination of the 6-month validity period for issued certificates, allowing parties to negotiate validity periods without maximum limits.
Permission for all products covered by a deposit certificate or warrant to remain in the custody of the depositor, allowing producers to act as depositories and issue the mentioned documents, extending this privilege beyond the wine industry with express authorization from the Executive Power.
3. Labour
Labour Law Department Report
By Alvaro J. Galli and María Eduarda Noceti
The Urgent Decree 70/2023, among other measures, stipulates the following modifications in labor law:
1. Labor Contract Law (20,744, Consolidated Text 1976)
– Scope of Application: Provisions of the Labor Contract Law are not applicable to contracts for work, services, agency, and those regulated by the National Civil and Commercial Code.
– In dubio pro operario: The principle is maintained, with the addition that it applies only when judges have exhausted all means of investigation, and an insurmountable probative doubt persists, considering the principles of consistency and defense in court.
– Agreement Homologation: Parties may request homologation from the competent authority for agreements related to essential elements of the employment contract or termination under Article 241 of the Labor Contract Law.
– Presumption of Employment Relationship: Not applicable to contracts for works, professional or trade services, with corresponding receipts or invoices issued, or payment made through banking systems determined by regulations.
– Intermediation: Workers are considered direct employees of the entity recording the employment relationship, with the user company maintaining joint liability.
– Work Certificates: The Executive Branch will establish an optional mechanism for certificate delivery through a virtual platform, eliminating fines for non-delivery.
– Probation Period: Extended to 8 months.
– Payment of Remuneration: Accreditation of worker remuneration is allowed in an account opened in their name in a bank, official savings institution, or other categories of entities considered suitable by the payment system regulatory authority.
– Deductions: Explicit consent of the employee is required for deductions of fees, payment, and contributions for union associations, mutual societies, or cooperatives.
– Outsourcing: Outsourced workers can request the principal to withhold payments owed by their employers and pay them on behalf of the employers for employment-related payments. Retention of amounts owned for social security contributions is allowed. Argentine Tax Authority will establish a simplified mechanism for this withholding.
– Pay Slips: The Decree amends the content of pay slips, allowing electronic issuance. Employers are permitted to keep them in digital format.
– Maternity Leave: The scope of the regulation is extended to “gestating individuals.” The Decree permits individuals to reduce the pre-childbirth leave to a minimum of ten (10) days.
– Working Hours: Collective bargaining agreements may establish regimes that adapt to changes in production methods and specific conditions of each activity. Collective agreements can estipulate overtime, time banks, compensatory days off, among other aspects related to working hours.
– Just Cause for Dismissal: Participation in blockades or takeovers of offices constitutes serious labor misconduct. Serious misconduct is presumed during a measure of direct action if:
a. The freedom of work of those not adhering to the strike, through acts, incidents, intimidations, or threats is affected.
b. The entrance or exit of persons and/or things from the establishment Is fully or partially prevented.
c. Damage to people or property of the company or third parties located on the premises (facilities, goods, inputs, and raw materials, tools, etc.) is caused or are improperly retained.
– Seniority Indemnity: The 13th salary and semi-annual or annual payment concepts are excluded from the calculation base. Decree maintains the indemnity cap established by the CBA but prescribes that salary base cannot be less than 67% of the amount corresponding to the best monthly, normal, and habitual remuneration earned. Collective bargaining may replace this indemnity regime with a termination fund at the employer’s cost. Employers can opt for a private capitalization system to cover indemnities.
– Discriminatory Dismissal: Aggravated dismissal due to discriminatory acts is introduced, establishing an aggravated compensation of 50% of the seniority indemnity, which, depending on the severity, can be increased up to 100%, but in all cases, the dismissal takes effect.
– Rehiring of Workers: In the case of rehiring workers by the same employer, timedly paid indemnities established in Articles 245, 246, 247, 250, 251, 253, and 254 of Labor Contract Law can be deducted, updated by the Consumer Price Index (IPC) plus an annual pure interest rate of 3%.
– Credit Update: Labor credits will be updated and/or enhanced and/or accrue interest. The resulting sum cannot exceed the amount calculated from the historical capital updated by the Consumer Price Index (IPC) plus an annual pure interest rate of 3%.
– Payment of Court Ruling: Individuals and legal entities governed by Law No. 24,467 may opt for the total payment of the condemnatory judgment in up to twelve (12) consecutive monthly installments, adjusted according to the guidelines established in Article 276 of the Labor Contract Law.
2. Law 24,013
– Fines for Incorrect Registration: The system of fines for unregistered or partially registered employment is repealed.
– Employment Relationship Registration: The employment contract is considered registered when the worker is registered as stipulated by the regulations
prescribed by the Executive Power. In cases provided for in Articles 29 and 30 of the Labor Contract Law, registration is fully effective when done by any of the involved parties.
3. Law 25,013
– Repeal of presumption. The presumption of reckless and malicious conduct outlined in Article 275 of the Labor Contract Law in the case of non-payment within the specified term and without justified cause by the employer, of unjustified dismissal indemnity, or homologated agreement is repealed.
4. Law 25,323
– Complete repeal. The law is entirely repealed, eliminating fines applicable to the lack or deficiency of the employment relationship registration at the time of termination or for non-payment of dismissal indemnities.
5. Law 25,345
– Repeal of Articles 43 to 48, which modified certain articles of the Labor Contract Law (Articles 15 and 80, and the inclusion of Article 132 bis), Law 18,345 (amendment of Article 132), Article 11 of Law 24,013, and Article 2 of Law 23,789.
6. Law 26,727 (Agricultural Work)
– The prohibition of using personnel placement agencies is repealed.
– Flexibility is introduced regarding job banks.
7. Law 26,844 (Domestic Workers)
– Repeal of fines for incorrect or deficient employment relationship registration.
8. Law 14,546 (Traveling Salesmen Statute)
– The regime of commercial travelers is repealed, clarifying that this repeal does not affect the individual rights of those workers currently covered by the regime.
9. Law 27,555 (Remote Working Act)
– Care Tasks: Workers have the right to coordinate with the employer for schedules compatible with caregiving tasks, as long as it does not affect the job requirements. Workers must compensate for these periods appropriately based on assigned tasks.
– Reversibility: Reversibility of telework modality can be agreed upon by mutual consent, if conditions exist in companies for employees to resume in-person work.
– Transnational Contracts: The law of the place of execution of workers’ task governs the respective contract for transnational benefits.
10. Independent Workers with Collaborators
– Unified Special Regime: The possibility is introduced for independent workers to hire up to 5 independent workers to carry out a productive venture, with the creation of a unified special regime for this category. These independent workers will not have an employment relationship with the hiring party.
11. Act 14,250
– Survival Clause: The survival (ultraactivity) of normative clauses in collective agreements is contemplated, but not for obligatory clauses.
12. Act 23,551
– Union Activity: It is stipulated that union assemblies can be called without prejudicing the normal activities of the company.
– Direct Action Measures: Certain prohibited actions are incorporated:
a. To affect the freedom to work of those who do not adhere to a force measure, through acts, incidents, intimidation or threats;
b. To cause the blockade or takeover of an office; to totally or partially block or obstruct the entrance or exit of people and/or things to the office;
c. To cause damage to people or things owned by the company or third parties located at the office (facilities, goods, supplies and raw materials, tools, etc.) or to improperly withhold them.
4. Foreign Trade
International Trade and Customs Department Report
By L. Augusto Vechio and Guido Hernán Krolovetzky
In the field of foreign trade and customs law, several changes were made to Law No 22,415 (Customs Code). Also, Law No 25,626, regarding the prohibition of importing tires, was repealed. Below are the most relevant changes:
• Article 37 of the Customs Code was amended, removing the mandatory requirement for a customs broker in import or export operations; it is now optional for the operation. Additionally, Article 41 of the Customs Code simplified the requirements for acting as a customs broker.
• Articles 42, 43, 44, 45, and 46 of the Customs Code were repealed, eliminating the need to apply for registration with the Customs Brokers Registry to act as a customs broker.
• Article 92 of the Customs Code was replaced, stating that any natural or legal person may request customs destinies and carry out foreign trade operations without the need to register. Thus, the Federal Importers and Exporters Registry was eliminated.
• Article 94 of the Customs Code was modified, reducing limitations for individuals or legal entities to engage in import or export operations (maintaining restrictions such as having been convicted of any customs, tax, or social security offense, among others).
• Articles 120 ter and 120 quarter were added to the Customs Code, stipulating that all regulations related to foreign trade operations, including technical opinions from the Tariff Classification Division, must be public. Additionally, all procedures for international trade must be carried out through the VUCEA.
• Article 130 of the Customs Code now allows the submission of transport documentation before the arrival of the goods.
• Article 217 of the Customs Code was modified to introduce the option of requesting a destination in advance through direct clearance, a trade facilitation mechanism allowing the provision of merchandise information before it arrives in the customs territory.
• Supplementation for import operations is now regulated in Article 227 of the Customs Code. In contrast, supplementation for export operations is regulated in Article 324 of the Customs Code.
• Articles 226 and 323 of the Customs Code were replaced, allowing for binding advance consultations on classification, taxation, origin, prohibitions, and valuation, regarding import and export operations, with a response period of 30 days.
• Article 245 has been revised, specifying that in the case of a customs offense, upon the filing of a complaint by the customs agent, the goods must be released, and the importer is obligated to furnish a guarantee if deemed necessary. Failure to comply will result in suspension
• Article 278 bis was added to the Customs Code, including the possibility of submitting a destination request prior to the arrival of the goods. Additionally, article 284 of the Customs Code establishes the procedure for advance declaration for all customs import destinies.
• Article 463 of the Customs Code underwent amendments, introducing the option to appeal to the Federal Tax Court and initiate legal proceedings in the event of a rejected guarantee request. A five-day period was established for the customs service to respond to the guarantee request, providing the opportunity for recourse to the Federal Tax Court or the judiciary in the absence of a decision
• Article 609 of the Customs Code was modified, stipulating that the Federal Executive cannot establish economic prohibitions or restrictions on imports and exports.
• Articles 613, 614, 615, 616, 617, 618, 619, 620, 622, 623, 632, and 633 of the Customs Code were repealed, eliminating regulations on economic prohibitions and preventing the Federal Executive from establishing economic prohibitions or quotas on imports or exports.
• Articles 663, 665, and 666 of the Customs Code were repealed, removing cases where the Executive Power could establish specific import duties.
• The Price Equalization Tax regulated in articles 673 to 686 of the Customs Code was eliminated.
• Article 1037 of the Customs Code was modified, stating that in processes of challenge, infringement, and repetition, the customs must notify the opening of the summary and the condemnatory resolution.
Law No. 25,626, which prohibited the import of retreaded and used tires classified under tariff positions 4012.10.00 Retreaded tires and 4012.20.00 Used tires, was repealed.
5. Bioeconomy
Publi Law and Environmental Law & Climate Change Departments Report
By Juan Antonio Stupenengo, Santiago J. Barbarán and Manuel Frávega
The Decree repealed various regulations related to the protection of rural lands and economic agricultural activities. The main repeal regulations are as follows:
– Law No. 26,737 (2011), established the legal regime for the protection of National Domain over the property, possession, or tenure of rural lands.
– Law No. 18,600 (1970), which regulated contracts for the production of wine.
– Law No. 18,770 (1970), established the legal regime of sugar deliveries for consumption in the domestic market.
– Law No. 18,905 (1970), which regulated the national viticulture policy.
– Law No. 21,608 (1977), which established the legal regime for industrial promotion.
– Law No. 22,667 (1982), which regulated the federal quota for wine production.
– Law No. 27,114 (2015), which established a legal regime for yerba mate establishments.
– Law No. 12,916 (1946), which created the Federal Olive Corporation.
– Law No. 18,859 (1970), governed the packaging regulations for products intended for livestock feeding.
– Law No. 19,990 (1972), which laid the groundwork for implementing a comprehensive cotton policy.
Sections j), n), and r) of Article 4, sections e) and f) of Article 5, and Articles 22 and 24 of Law No. 25,564 (2002), which created the Yerba Mate Federal Institute.
6. Mining.
Mining Law Department Report
By Alejandro Poletto and Juan Pablo Perrino
Title VII of the Decree deals with some issues related to mining activity. More specifically, the following laws are repealed:
1. Law No. 24,523 (1995), which created the federal mining trade system.
2. Law No. 24,695 (1996), which created the Federal Mining Information Bank.
7. Energy
Power and Corporate Law Departments Report
By José Carlos Cueva and Ricardo Castañeda
Title VIII of the Decree deals with various matters related to the energy sector. More specifically, the following regulation is repealed:
• Decree No. 1060/00, which provided for maximum durations of exclusive fuel supply contracts with service stations.
• Decree No. 1491/02, which stipulated that contracts for export by Firm Power and Associated Electric Energy, and Generation Marketing Agreements related to certain exports, were not covered by Law No. 25,561. It established the exchange rate for these contracts at US$ 1 = AR$ 1, allowing the parties to update the resulting amount through customary guidelines in long-term international operations contracts.
• Decree No. 634/03, which authorized the Federal Energy Secretariat to adjust the fee or price for the missing part of the execution of a High Voltage Electric Power Transmission Expansion or Trunk Distribution when the cost of its main components reaches an average variation of 10% from the contract prices.
• Decree No. 311/06, which approved the granting of reimbursable loans from the National Treasury to the Unified Fund, created by Article 37 of Law No. 24,065, intended for the payment of obligations due to the Fund for the fulfillment of its specific functions and the support, without distortions, of the price stabilization system in the Wholesale Electricity Market.
• Law No. 25,822 (2003), which prioritized the implementation of the Federal Electric Transport Plan and its sources of financing.
Regarding the Promotion Regime for distributed generation of renewable energy integrated into the electricity grid, established by Law No. 27,424 (2019), the Decree repeals articles 16 to 37, which (i) created and regulated the public trust fund called the Fund for Distributed Generation of Renewable Energies (articles 16 to 24); (ii) regulated instruments, incentives, and benefits to promote distributed generation of electric energy from renewable sources (articles 25 to 31); and (iii) created the Promotion Regime for the National Manufacturing of Systems, Equipment, and Inputs for Distributed Generation from renewable sources (articles 32 to 37).
Finally, the Decree empowers the Federal Energy Secretariat to readjust the current subsidy structure, to ensure that end-users have access to basic and essential energy and natural gas consumption. This benefit should mainly consider a percentage of the household income, individually or collectively, for electricity and natural gas, to be determined by regulations.
8. Air Commerce
Public Law Department Report
By Juan Antonio Stupenengo, Juan Pablo Perrino and Santiago J. Barbarán
Firstly, the Presidential Decree repeals Decree-Law 12,507/56 (national policy on aeronautics), Law 19,030 (Commercial Air Transport), and the Urgency and Necessity Decree 1654/02 (which declared a State of Emergency in Commercial Air Transport).
Secondly, the Decree modifies different regulations of the Aeronautical Code. It is relevant to highlight the following:
• The Decree modifies the territorial scope of application of the Aeronautical Code by replacing the concept of “jurisdictional waters” with the more precise terms “territorial sea” and “adjacent waters.” It further specifies that it applies to “all those spaces in which the Argentine Republic exercises jurisdiction and/or rights of sovereignty, in accordance with and in compliance with the international treaties of which it is a party.” Additionally, it introduces the concept of the “Argentine airspace,” encompassing the airspace covering the territory of the Argentine Republic, its territorial sea, adjacent waters, and all spaces where the Argentine Republic exercises jurisdiction and/or rights of sovereignty.
• The Decree declares “commercial civil aeronautics,” “ramp services in general,” and “air traffic control” as essential services.
• The Decree clarifies that the concept of “civil aeronautics,” which is the material scope of application of the Aeronautical Code, also includes “all legal relationships derived from air commerce in general.”
• The Decree eliminates the provision stating that flight protection services (Air Traffic Service, Aeronautical Telecommunications, Radio Aids to Air Navigation, and Aeronautical Meteorology) must be exclusively provided by the national government, with the possibility of making agreements with private companies for partial aspects. Instead, it assigns to the Executive Power the responsibility to regulate how the “essential air navigation services” should be provided.
• The Decree stipulates that “airport services” (i.e., “all those services provided within the scope of an airport, excluding air navigation services”) must be regulated by the aeronautical authority. In the case of “essential airport services,” regulation should align with the principles of ensuring safety, promoting free competition, and facilitating market access.
• It introduces the concept of unmanned aircraft.
• Regarding the National Aircraft Registry, the Decree establishes that registrations will be made “electronically or in the format determined by the aeronautical authority.” It further specifies that “all those that are opposable to third parties” can be registered and eliminates the registration of the “articles of incorporation or bylaws and their amendments, as well as the names and addresses of directors or administrators and agents of companies owning Argentine aircraft.” Additionally, it states that access to the registry can be made through electronic means.
• Regarding the ownership of Argentine aircraft, the Decree changes the requirement for individuals to have a real address in the Argentine Republic to instead require a legal address.
• The Decree states that within the scope of aircraft contracts, the principle of freedom of form applies, except for contracts transferring the operator’s status, which must be in writing and registered in the National Aircraft Registry to release the owner from liabilities inherent to the operator.
• It alters the scope of the authorization granted to the Executive Power to subsidize “air transportation services on routes of general interest to the Nation” by specifying that demand may be subsidized.
• It establishes that the investigation of aviation accidents will be carried out by a “competent and independent authority for the technical investigation of aviation accidents” instead of the aeronautical authority.
• It delegates to the Executive Power the issuance of a “General Regulation of Civil Aviation Offenses” and specifies that until it is issued, the current system of offenses, which is also modified, will apply.
• The Decree establishes that commercial activity requires prior authorization – previously it required a concession – which will be granted according to the provisions of the Aeronautical Code. In the case of foreign flag carriers, Argentina will adhere to international agreements, and the Executive Power will seek principles of reciprocity.
• It states that companies are free to set fees without any restrictions.
• It repeals Section E of Law 17,285, which regulated issues related to the transport of Postal Cargo.
Finally, it amends Article 4 of Law 26,412, authorizing the total or partial transfer of shares of Aerolíneas Argentinas S.A. and Austral S.A. in accordance with the Participated Ownership Program.
9. Justice
Corporate Law Department Report
By Gustavo Papeschi
1. Obligations in foreign currency
Through the modification of Articles 765 and 766 of the Argentine Civil and Commercial Code (“CCCN”), obligations in foreign currency (i.e., currency not recognized as legal tender in the country) will now be treated as obligations to deliver money, (rather than obligations to provide specific quantities of goods).
This amendment reaffirms the complete validity and effectiveness of obligations expressed in foreign currency, and it restricts judicial intervention in matters concerning payment methods or the agreed currency. Specifically, the right of conversion is abolished, thereby preventing debtors from satisfying a foreign currency obligation by settling its equivalent value in the local legal tender.
In practice, this modification especially affects two situations concerning obligations contracted in foreign currency: (i) those obligations that, despite being denominated in foreign currency, lack specific language at the time of their formation (e.g., waivers to the right of conversion, waivers to the theory of unforeseeability, stipulation of special exchange rates, etc.), which will now be deemed effective and payable in such currency; and (ii) to eliminate doubts regarding the effectiveness of the language included in typical clauses in this regard.
Indirectly (and although no changes have been made to the provisions in this respect), it could be interpreted that differences in the value of foreign currency (resulting from market fluctuations) may not be subject to review on the basis of the theory of unforeseeability (article 1091, CCCN) or injury (article 332 and cc, CCCN).
2. Freedom of Contract
The amendment to Article 958 of the CCCN strengthens the concept of freedom of contract, emphasizing the autonomy of individuals in contractual matters. Consequently:
(i) References to morals and good customs as potential limitations on freedom of contract are removed.
(ii) The idea of the supplementary application of legal provisions in contractual matters to the explicit intent of the contracting parties is reaffirmed. This clarifies that (a) it is not necessary for the law to explicitly state supplementary provisions for them to be considered as such, and (b) a rule must be expressly designated as mandatory to be considered as such (with a restrictive interpretation applied).
Concerning these amendments, it should be noted that:
(i) Beyond the elimination of the references to morals and good customs in the new article 958, such concepts are maintained in other rules of the CCCN (abuse of rights – article 10, CCCN -, acts of disposition over one’s own body – article 56 -, an object of the legal act – article 279, CCCN -, prohibited conditions – article 344, CCCN -, the distinction between absolute and relative nullities – article 386, CCCN -, transferability of rights – article 398, CCCN -, among others).
(ii) Beyond the addition to article 958 of the CCCN, article 962 of the CCCN has not been modified, which establishes that the legal rules relating to contracts are supplementary to the will of the parties, except for those whose unavailable character arises from their mode of expression, their content or their context.
(iii) Neither has been modified Art. 988, subsection b), which considers as unwritten the rules that extend the rights of the predisposing party resulting from supplementary rules in adhesion contracts.
This amendment may have significant practical implications in the regulation of agency, concession, and franchise contracts within the CCCN. Many of its provisions, such as notice and compensation for clientele, are commonly regarded as non-negotiable, even in the absence of explicit legal designation to that effect.
3. Judicial Authority to Amend Contracts
Judicial Authority to Amend Contracts
The amendment to Articles 960 and 989 of the CCCN restricts the authority of judges to modify contractual provisions.
Thus:
(i) Judges may only modify contractual provisions at the request of a party and only when authorized by law (e.g., injury – article 332, CCCN – or cases of nullity – article 383, CCCN). Thus, the possibility of doing so ex officio has been eliminated, even in those cases in which public order is manifestly affected. In this regard, it should be noted that Article 387 of the CCCN, which allows judges to declare ex officio an absolute nullity (the legal consequence par excellence of a legal act that violates public policy) if it is manifest, or which prohibits the reorganization of the null act by confirmation, has not been modified.
(ii) When the judge declares the partial nullity of a contract, he must not integrate the provisions declared null.
Beyond the conceptual aspect, in the in the realm of commercial contracts, these provisions should not necessarily have a substantial practical effect, since it would be unlikely that an interested contractual party would fail to plead an assumption of nullity (absolute or relative). However, there may be important practical effects in the field of consumer contracts. In this regard, it should be noted that the DNU has not repealed Article 37 of the Consumer Defense Law, which imposes on the judge the duty (when declaring the partial nullity of a clause) to integrate the contract (if necessary).
Justice
Real Estate & Hospitality Department Report
By Pedro Nicholson
Through the DNU, Law 26,737 concerning Land and Law 27,551 regarding Rentals was derogated, and modifications were made to the Argentine Civil and Commercial Code (“CCCN)”. The key aspects of the Decree pertinent to the Real Estate & Hospitality Department are outlined below.
Article 154 of the Decree provides for the repeal of Law 26,737 on Lands, the purpose of which was to determine the cadastral and ownership of rural lands, as well as to regulate -concerning foreign individuals and legal entities- the constraints on ownership and possession of rural lands, irrespective of their intended use or production purpose. The Decree states that the Land Law restricted the right of ownership of rural land within the country and, more significantly, limited investments in the sector.
Article 249 of the Decree provides for the repeal of Law 27,551, known as the “New Rent Law”. The Rent Law, published in the Official Gazette on June 30, 2020, had introduced changes to the CCCN. In the same line, through the Decree, several articles of the National Civil and Commercial Code related to the rental agreement were modified.
The primary articles affected are outlined below:
Article 958 of the Argentine CCCN on freedom of contract, has been amended. It now explicitly states that legal rules will always be applied as supplementary to the intentions expressed by the parties in the contract.
Additionally, Article 1198 of the CCCN has been replaced. This means that there are no longer prescribed minimum or maximum durations for real estate leases. Instead, the term will be determined by the agreement between the parties in the contract. In cases where the parties have not specified a term, the default duration will be two years for residential leases and three years for commercial leases.
Articles 1204 and 1204 bis of the CCCN, addressing the “loss of luminosity of the property” and the “compensation” for expenses and claims payable by the lessor, have been eliminated.
A new provision, Subsection d), has been included in Section 1219 of the CCCN, specifically addressing termination attributed to the lessee. Now, the lessor has the authority to terminate the lease “for any cause set forth in the lease contract.”
Article 1220 of the CCCN has been modified by including an additional note to subsection a). It clarifies that the lessee has the right to terminate the lease if the lessor fails to fulfill the obligation of maintaining the property suitable for the agreed use and enjoyment, “except when the damage has been caused directly or indirectly by the lessee.”
Article 1221 of the CCCN, which referred to early termination, was replaced by a new article that establishes that the lessee may terminate the lease at any time by paying 10% of the balance of the future rental fee, calculated from the date of the notice of termination until the termination date agreed in the lease.
Article 1221 bis of the CCCN, which regulated the renewal of the contract, was derogated.
10. Health
Health and Life Sciences Department Report
By Ana Andrés
Under Title XI, which is divided into nine chapters going from Art. 264 to 325, the Decree regulates health-related issues. According to the considerations of the Decree, the primary aim of most of these modifications and/or derogations is to “increase competition in the sector and reduce prices for the users”.
In this regard, the most important aspects to highlight from the Decree concerning Health or associated with Health are as follows:
• Law No. 27,113, which declared as national and strategic interest public production laboratories and aimed to promote their business, is derogated. Under such law, the National Agency of Public Laboratories, better known as ANLAP, had been created. According to the considerations of the Decree, this measure is considered necessary “for greater efficiency in the operation of the public sector.”
• Decree 743/2022, which set a cap on the increase in the fees payable by affiliates to Prepaid Medicine Companies for 18 months from February 2023, is derogated.
• Article 2 of Law 25,649, which promotes the use of drugs by their generic name, is amended by simplifying its wording and eliminating the possibility of indicating the brand name in the prescription. It emphasizes that the prescription must express “exclusively” the generic name or international common denomination.
According to the considerations of the Decree, the use of generic drugs aims to “reduce the cost of medications, facilitate their use and access, as well as achieve better development of pharmaceutical activity”.
Regarding the regulatory framework of Prepaid Medicine Companies, established by Law 26,682, the following is established:
• Article 30 bis is added to the law clarifying that the provisions of Law 26,682 apply “only” to voluntary affiliates of Prepaid Medicine Companies whose relationship with the insurer is outside the framework of Law No. 23,660 (which regulates Social Security Entities);
• Article 17 of Law 26,682 is modified, removing references to supervision and authorization by the regulatory authority of increases in the fees these companies charge their affiliates. In the same sense, the function of the regulatory authority in Article 5, authorizing and reviewing fee values and modifications, is eliminated; other articles related to this are similarly modified;
The article that establishes that contracts between these companies and their affiliates must conform to models established by the Regulatory Authority is eliminated.
Regarding the regulatory framework of Social Security Entities (Obras Sociales), regulated by Law 23,660, the following significant points are established:
• Social security entities of the central administration of the National State and its self-governing and decentralized bodies, social security entities of state-owned companies, and any other entity created or to be created that does not fall within the list provided in Article 1 will operate as non-state public law entities, with legal, financial, and administrative individuality, having the character of a legal entity, as established by the Argentine Civil and Commercial Code for legal persons;
• Union social security entities, social security entities of management personnel and professional associations of entrepreneurs, and social security entities established by agreement with private or public companies will operate with administrative, accounting, and financial individuality and will have the character of a legal entity within the scope established by Article 148 of the Argentine Civil and Commercial Code;
• Entities covered by this law will allocate their resources primarily to health services and may provide other social services. Regarding health services, they will be part of the National Health Insurance System – as natural agents thereof.
• Entities covered by this law, as agents of Health Insurance, must register with the registry that will operate within the scope of the Superintendence of Health Services (“SSS” for its Spanish acronym). Compliance with this requirement will be necessary to apply the funds received for health services.
• Resolutions adopted by the Ministry of Health and the SSS, exercising the functions, powers, and faculties granted by the legislation, will be mandatory for entities, exclusively regarding their status as Health Insurance agents.
• Full-time employees, both in the private and public sectors, retirees and national pensioners, and beneficiaries of non-contributory national benefits are mandatory beneficiaries of entities covered by the law.
• The SSS may authorize, with the requirements it establishes, the inclusion of other ascendants or descendants by consanguinity of the titular beneficiary, who are dependent on them, in which case an additional contribution of one and a half percent is set for each person included.
• Employers or equivalents, as withholding agents, must deposit their contributions along with the contributions they should have withheld from their employees within fifteen calendar days from the date the remuneration should be paid to the entity selected by the beneficiary.
• When entities receive additional contributions beyond the sum of the contribution and the contributions provided for in Article 16 of the law, they must deposit 20% in the Solidarity Redistribution Fund.
• Funds provided by this law and those corresponding to entities for any reason must be deposited in banking institutions. They will be exclusively allocated to the provision of services and other obligations of the entities and administrative expenses required for their operation.
• Judicial collection of contributions, surcharges, interest, and updates owed to entities, and fines established in the law will be carried out by the enforcement procedure provided in the Argentine Civil and Commercial Procedural Code, the debt certificate issued by the entities or the officials to whom they have delegated this power serving as sufficient executive title.
• The SSS will act as the Enforcement Authority, with jurisdiction over the entities listed in Article 1 of the law.
• Article 5, subsection f) of Articles 10, and 42 are derogated.
• The National Health Insurance System, regulated by Law 23,661, is modified to consider prepaid medicine companies as insurance agents. These companies must adjust their health services to the rules dictated. They will be governed by the provisions of this law, its regulations, and the Social Security Entities law, as appropriate. This law is also modified to reflect the changes in Law 23,660.
• Regarding the right to choose, regulated by Decree 504/1998, its article 13 is modified to indicate that workers starting a work relationship may exercise the right to choose the insurance agent of Law 23,661. Article 14 is modified to establish the minimum period of stay with the selected agent, which can never exceed one year, and after that period, they may exercise that option again.
• Law 26,906, which regulates the Tracing and Verification Regime of the Technical Aptitude of Active Medical Devices in Use, undergoes several modifications, derogating Articles 6, 7, 8, and 11 and incorporating new provisions related to authorization requirements and the functions of the enforcement authority.
It is worth noting that active medical devices are any medical devices whose operation depends on electrical energy or any power source other than that generated by the human body or gravity and operate by converting this energy.
• Law 27,553, known as the law of electronic or digital prescriptions, is also modified so that the prescription and dispensation of medications and any other prescription can only be written and signed through electronic platforms enabled for this purpose. Thus, the possibility of prescribing on paper and handwriting is eliminated.
Also, by amending Article 3 of the mentioned law, the National Executive Power assumes the responsibility to set the deadlines to achieve total digitization in the prescription and dispensation of medications and any other prescription. It is indicated that this cannot exceed July 1, 2024, as well as the regulation of the use of telehealth platforms.
According to the considerations of the Decree, the aim is to “achieve greater agility in the industry and minimize costs”.
Consistent with the amendment to Law 27,553 and Law 25,549, Law 17,132, regulating the practice of medicine is modified to establish that prescriptions must be electronic or digital and indicate the generic name or common international designation.
Law 17,565, which regulates the operation of pharmacies, undergoes several modifications:
• Article 1 is simplified, and the reference to “whatever the condition of sale” of medicinal specialties is eliminated, referring now to “medicinal specialties that require a prescription”.
• In Article 2 of the law, referring to pharmacy authorizations, it is added that “Pharmacies may be established through any legal form allowed by current legislation”.
• In Article 6, the possibility is incorporated for pharmacies to operate at the times they decide without any restriction, with the only obligation of communicating them to the health authority and respecting the communicated hours.
• Consistent with the modification of Article 1 of this law regarding the forms of dispensing drugs, medications, and medicinal specialties, the previously contemplated form of “free dispensing” is eliminated.
• The previous regime is modified concerning a pharmacist who could not be the technical director of more than one pharmacy, now expressly stating that the pharmacist can be the technical director of more than one pharmacy, being obliged to “monitor the preparation and dispensation of medications in all locations under his charge, signing the prescription book daily at the end of the last dispensed prescription”.
• The previous prohibition of Article 36 is eliminated, and drug wholesalers are expressly authorized to dispense prescriptions, for which they must comply with the terms of this law and establish themselves as pharmacies open to the public.
• Articles 13 and 20 related to restrictions on pharmacies and pharmacists regarding other activities are derogated. Provisions related to Herbalists are also derogated.
11. Communication
TMT Department Report
By Florencia Rosati
Title XII of the Decree encompasses two chapters, spanning from Article 326 to 330.
Modifications to Law 26,522 include replacing Article 45, removing restrictions on the national level’s license multiplicity and maintaining, with slight modifications, limitations on license concentration at a local level. It stipulates that individuals or legal entities may hold or have a stake in companies holding audiovisual communication service licenses, subject to the following specific limitations: a license for sound broadcasting by amplitude modulation (AM); a license for sound broadcasting by frequency modulation (FM) or up to two licenses when there are more than eight licenses in the primary service area; and a license for television broadcasting. In no case shall the total number of licenses granted in the same primary service area or set of them, overlapping predominantly, exceed the quantity of four licenses.
Article 46 of Law 26,522, Audiovisual Communication Services, which established non-concurrence, is repealed. Article 46 stipulated that “licenses for direct satellite broadcasting services and mobile broadcasting services shall have, as a condition for granting and maintaining their validity—each of them—that they cannot be accumulated with licenses for other services of a different class or nature, except for the transmission of existing open terrestrial television service before the transition to digitized services and the channel that replaces it in due course.”
Regarding modifications to Law 27,078, “Argentina Digital”, subsection a) of Article 6 is replaced, which previously contained the definition of subscription broadcasting. The updated definition now includes a reference to satellite links, defining it as “any primarily unidirectional form of communication intended for signal transmission to a determinable audience, using radio frequency or physical or satellite links interchangeably. This includes the broadcasting service offered by an ICT service provider using IP protocol-based technology (IPTV) for access to live programs and/or linear television.”
In a similar sense, Article 10, which had been modified by Decree 267/2015 and contained a reference to physical and/or radioelectric links, is replaced to also include satellite links. The first paragraph of the new Article 10 is drafted as follows: “Subscription Broadcasting service through any link is incorporated as a service that ICT providers may register. Subscription Broadcasting services will be governed by the requirements established in the subsequent articles of this law and others stipulated by regulations. The provisions of Law No. 26,522 are not applicable in these cases.”
Article 34 of Law 27,078, “Argentina Digital” – as modified by Decree No. 267/2015 – is substituted, replacing the requirement for obtaining authorization for satellite facility provision with a mere “registration” to coordinate the use of radio frequency and prevent interference. Thus, the new wording of Article 34 establishes that “the provision of facilities for satellite communication systems will be free. Holders of such systems will be required to register for their operation, solely for coordinating the use of radio frequencies and preventing interference with other systems according to the regulations set by the Regulatory Authority. The provision of any satellite ICT service will be subject to the general regime established by this law.”
12. Sports Law
Corporate Law Department Report
By Ramón I. Moyano
In the realm of sports, Decree 70/2023 amends Sport Law No. 20,655. The main modification set forth by the Decree is that football clubs and/or any sports organization are no longer obligated to adopt the form of a non-profit civil association. Instead, they are now authorized to opt for the formation of Sports Anonymous Societies (SAD), as is the case in most countries.
This amendment to the Sports Law implies the need to revise the statute of the Argentine Football Association (AFA) to lift the restriction on affiliation to legal entities not constituted as non-profit civil associations.
In this regard, Article 335 of the Decree incorporates Article 19 ter into Law 20,655 which states that “Any right of a sports organization, including its right to affiliate with a confederation, federation, association, league, or union, shall not be prevented, hindered, deprived, or diminished based on its legal form, provided it is recognized in this law and complementary regulations.”
Lastly, it should be noted that FIFA exhibits low tolerance for governmental intervention in Member Associations (such as AFA). Therefore, if the current government attempts to impose regulations or statutes on AFA, the situation could lead to intervention and sporting sanctions.
In conclusion, if these modifications are confirmed, a scenario of increased litigation is anticipated. Various clubs may file claims against AFA for obstructing the application of a law based on rules of lower hierarchy, as outlined in the statute of a civil association.
Sports Law
Company Law Department Report
By Miguel M. Silveyra and Valeria Kemerer
Several aspects related to Sports Law No. 20,655 have been amended. Among these:
The original language for Article 19 bis establishes that “Civil sports associations that are part of the Institutional System of Sports and Physical Activity are considered those legal entities provided for in Article 168 of the National Civil and Commercial Code. Their object is the practice, development, support, organization, or representation of sports and physical activity, following the general principles set out in Chapter I of this law, and meeting the characteristics indicated in Articles 20 and 20 bis.”
As a consequence of the Decree, said Article as rephrased for it to say:
“Civil sports associations that are part of the Institutional System of Sports and Physical Activity are considered those: a) Legal entities provided for in Article 168 of the National Civil and Commercial Code, which have as their object the practice, development, support, organization, or representation of sports and physical activity, following the general principles set out in Chapter I of this law, and meeting the characteristics indicated in Articles 20 and 20 bis; b) Legal entities constituted as anonymous societies set forth by Section V of Law No. 19,550 and its amendments, which have as their object the practice, development, support, organization, or representation of sports and physical activity, following the general principles set out in Chapter I of this law.”
Consistent with the modification to Section 1 of Article 77 of the General Companies Law, which contemplates the possibility of transforming civil associations into commercial societies, Sports Law now considers legal entities constituted as anonymous societies, whose social object is the “practice, development, support, organization, or representation of sports and physical activity,” as civil sports associations within the Institutional System of Sports and Physical Activity.
13. General Law of Companies
Company Law Department Report
By Miguel M. Silveyra and Valeria Kemerer
Regarding the General Companies Law No. 19,550, Decree 70/23 establishes the following modifications:
• The wording of the article before the reform: “ARTICLE 299. – Limited liability companies, in addition to the control of the constitution, are subject to the supervision of the authority of control of their domicile, during their operation, dissolution, and liquidation, in any of the following cases: 3º) They are partially owned by the State or are included in Section VI;”
• The wording of the article after the reform: “ARTICLE 299. – Limited liability companies, in addition to the control of the constitution, are subject to the supervision of the authority of control of their domicile, during their operation, dissolution, and liquidation, in any of the following cases: 3º) They are of state participation, either by the participation of the national state, the provincial states, the Autonomous City of Buenos Aires, the municipalities and/or the state agencies legally authorized for that purpose.”
Important aspects of the reform:
The purpose of the reform is to transform into limited liability companies or enterprises with state participation, whatever the type or corporate form adopted, as stated in Article 48 of the Decree. “ARTICLE 48. – The companies or enterprises with state participation, whatever the type or corporate form adopted, will be transformed into limited liability Companies.”
In this sense, those State Companies that do not have a corporate legal form, the State Companies, the limited liability Companies with Majority State Participation, the partially owned State, and all those other corporate organizations where the national state has participation in the capital or the formation of the corporate decisions will be transformed into limited liability Companies. It is provided that “limited liability Companies transformed will be subject to all the effects to the provisions of the Companies General Law and its amendments on equal terms with the companies without state participation and without any public prerogative.”
The Decree in its Article 51 establishes 180 days from the issuance of the Decree for the Application Authority to transform into limited liability Companies the previously mentioned companies and for the registration of the transformed companies in the Public Registries of Commerce that corresponds. “ARTICLE 51. – A maximum transition period of 180 days from the issuance of this Decree is established for the Application Authority to proceed with the application of article 48 and the registration of the transformed companies in the Public Registries of Commerce that corresponds.”
Finally, ARTICLE 52 of this Decree provides that the Financial Administration Law 24.156 and other control regulations of the public sector will only be applicable in cases where the State has a majority shareholding in the limited liability companies, as a result of the transformation determined in the aforementioned articles.
Reform to Art. 30 of the Companies General Law.
The wording of the article before the reform: “ARTICLE 30. – Corporations and limited partnerships may only be part of joint stock companies and limited liability companies. They may be part of any associative contract. Limited liability companies and limited partnerships by shares can only be part of joints stock companies and limited liability companies. They may be part of any associative contract.”
The wording of the article after the reform: “ARTICLE 30. – Limited liability companies and limited partnerships by shares can only be part of joint-stock companies and limited liability companies. Associations and non-profit entities can only be part of joint-stock companies. They may be part of any associative contract.”
Important aspects:
It incorporated the possibility that associations and non-profit entities are shareholders of limited liability companies. Likewise, it is established that both types of entities, associations, and non-profit entities may be part of any associative contract.
Reform to subsection 1 of art. 77 of the Law N° 19,550. The wording of the subsection before the reform: “1) Unanimous agreement of the partners, unless otherwise agreed to what is provided for some types of companies;”
The wording of the subsection after the reform: “1) When it comes to commercial companies, unanimous agreement of the partners, unless otherwise agreed to what is provided for some types of companies. When it comes to a civil association that is transformed into a commercial company or decides to be a partner of limited companies, vote of two-thirds of the associates.”
14. Tourism
Public Law Department Report
By Juan Antonio Stupenengo and Santiago J. Barbarán
Title XV of Decree No. 70/23 repeals various regulations related to tourist activities:
– Repeals Law No. 18,828 (1970), which established mandatory registration for commercial establishments in tourist areas within the National Hotel Registry.
– Repeals Law No. 18,829 (1970), which regulated the activity of Travel Agencies.
– Repeals Law No. 26,356 (2008), which regulated the activity of Time Shares.
15. Automobile Registry
Corporate Law Department Report
By Gustavo Papeschi
Title XVI of Decree No. 70/23 amends certain provisions of Decree-Law No. 6582/58, which established the so-called “Automobile Legal Regime” (ALR), governing the National Motor Vehicle Property Registry and Sectional Registries. It is important to note that the Decree did not modify other automobile-related regulations, such as the National Traffic Law No. 24,449.
The main modifications implemented by the Decree follow below:
(i) Promotion of digital means for the completion of ALR procedures and simplification regulations. For instance, motor vehicle titles to be issued in digital format, elimination of mandatory use of physical documents for ALR procedures, elimination of the need to obtain a duplicate motor vehicle title, valid digital motor vehicle identification cards that will not expire as long as there is no change in the vehicle’s ownership.
(ii) Domain registrations, modifications, encumbrances, and other procedures can be carried out directly before the National Bureau of National Registries of Motor Vehicle Property and Chattel Credits, enforcement authority for ALR. To this end, the Decree sets forth the need to create a remote, open, accessible, and standardized registration service at the National level to allow for direct registrations or annotations ordered by the owners or intermediaries. Also, vehicle registration according to the domicile of the domain owner or habitual custody requirement is repealed.
(iii) The Decree also sets forth that the existence of regular patent debts or automobile-related fines cannot prevent the registration or transmission of motor vehicles. It should be noted that although no specifics were given for what is to be understood as “regular” debts, it may be construed as those that have not been brought to court.
(iv) Finally, the Decree includes a transitional clause that mandates the National Bureau must implement its remote, open, standardized, and accessible Registry no later than May 2, 2024.
Do not hesitate to contact us if you require any further information on this matter.
Sincerely,
The Beccar Varela Team
info@beccarvarela.com