{"id":31,"date":"2019-04-01T12:02:00","date_gmt":"2019-04-01T15:02:00","guid":{"rendered":"https:\/\/bcoabogados.com.ar\/en\/legal-newsletter-april-2019\/"},"modified":"2026-10-30T22:09:01","modified_gmt":"2026-10-31T01:09:01","slug":"legal-newsletter-april-2019","status":"publish","type":"post","link":"https:\/\/bcoabogados.com.ar\/en\/legal-newsletter-april-2019\/","title":{"rendered":"Legal Newsletter &#8211; April 2019"},"content":{"rendered":"<p>Relevant news:<\/p>\n<ul>\n<li>Anticorruption National Plan (2019 \u2013 2023) for the public administration.<\/li>\n<li>Regulation of Law 22.362 of Trademarks and Trade Names.<\/li>\n<li>Regulation regarding fair trade<\/li>\n<li>Requirements for participation in shareholders meetings by foreign shareholders<\/li>\n<li>Simplified export regime for minor operations<\/li>\n<li>Import regime for major investment projects<\/li>\n<li>Increase of values of compensations payable to hydrocarbon permit and concession\u00b4s landowners<\/li>\n<\/ul>\n<p><!--more--><\/p>\n<table style=\"width: 100%;\">\n<tbody>\n<tr>\n<td style=\"background-color: #025b8c;\">\n<h1 style=\"text-align: center; margin-bottom: 15px; margin-top: 15px;\"><span style=\"color: #ffffff;\">LEGISLATION<\/span><\/h1>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<h3>Decree N\u00ba258\/2019 &#8211; Anticorruption National Plan<\/h3>\n<p>The Executive Branch issued Decree N\u00ba258\/2019 (the, \u201cDecree\u201d) which approves the Anticorruption National Plan for the period 2019-2023 for the public national administration. The Decree contains several initiatives such as mechanisms to improve the transparency and efficiency of public contracts and the access to public information, among others, in line with the international conventions on corruption, organized crime and money laundering.<\/p>\n<h3>Decree N\u00ba242\/2019 &#8211; New Regulation on Trademarks and Trade Names<\/h3>\n<p>Decree N\u00ba242\/2019 (the, \u201cDecree\u201d) issued by the Executive Branch sets forth a new regulation of Law N\u00ba22,362 about trademarks and trade names which shall enter into force on June 2nd, 2019. Among other aspects, the Decree brings a new version of the protectable products and services classification system, clarifies certain features regarding the duration of the registered trademarks, introduces some new requirements for foreign applicants and updates the amounts of the fines applicable under Law N\u00ba22,362.<\/p>\n<h3>Decree N\u00ba274\/2019 &#8211; Fair Trade<\/h3>\n<p>The Executive Branch issued Decree N\u00ba274\/2019 (the, \u201cDecree\u201d) which contains new regulations regarding fair trade. The Decree, which provisions are mandatory, sets forth the actions that will be considered as an unfair trade conduct and the applicable sanctions which include the payment of fines and even the closure of the establishment. The Decree also contains provisions regarding advertising and product information requirements. It also provides the rules that will govern the applicable administrative procedure and creates the Electronic System for the Resolution of Conflicts for consumer\u2019s claims.<\/p>\n<h3>General Resolution N\u00ba789\/2019 &#8211; Shareholders Meetings of Listed Corporations<\/h3>\n<p>By means of General Resolution N\u00ba789\/2019, the Stock Exchange Commission modifies the requirements to be met by foreign shareholders in order to participate in shareholders\u2019 meetings while it allows listed companies to implement a computerized registration system instead of the stock deposit and attendance to shareholders\u2019 meetings registry books.<\/p>\n<h3>Joint General Resolution N\u00ba4458\/2019 &#8211; Simplified Export Regime<\/h3>\n<p>Tax Authority (\u201cAFIP\u201d) and Ministry of Production and Labor issued the Joint General Resolution N\u00ba4458\/2019 which modifies certain aspects of the \u201cSimplified Export Regime\u201d created under Resolution N\u00ba4049\/2017, which aims to facilitate minor commercial exports not exceeding USD 600,000 FOB value per year through certain authorized and registered logistic operators.<\/p>\n<h3>Resolution N\u00ba 446\/2019 &#8211; New VAT Aliquots for Import of Movable<\/h3>\n<p>Resolution N\u00ba446\/2019 issued by Tax Authority (\u201cAFIP\u201d) modifies the VAT aliquots applicable to the definitive import of movable property.<\/p>\n<h3>Resolution N\u00ba 242\/2019 &#8211; New Import Regime for Major Projects<\/h3>\n<p>Resolution N\u00ba242\/2019 (the, \u201cRegulation\u201d) issued by the Ministry of Production and Labor implements a new regulation for the import of assets destined to major investments projects for the improvement of companies\u2019 competitiveness approved by the enforcement authority. The Regulation also applies to new assets destined to the treatment and\/or disposal of polluting substances to be integrated to plants producing tangible assets or energy, whether new or pre-existing.<\/p>\n<h3>Resolution N\u00ba 4465\/2019 &#8211; New Sanctions to Employers<\/h3>\n<p>Resolution N\u00ba4465\/2019 issued by Tax Authority (\u201cAFIP\u201d) modifies the sanctions that AFIP may apply to employers in case of non-compliance with their obligations to make the contributions to the social security system, to register or de-register an employee as required by the applicable regulations, to keep proper records of employees and in case of errors in such records.<\/p>\n<h3>Resolution N\u00ba 4468\/2019 &#8211; Tax on Financial Revenue<\/h3>\n<p>Resolution N\u00ba4468\/2019 issued by Tax Authority (\u201cAFIP\u201d) regulates the way tax payers shall declare and pay tax on financial revenue set forth under Income Tax Law.<\/p>\n<h3>Resolution N\u00ba 4469\/2019 \u2013 Regulation of Reduction of Employer\u2019s Charges<\/h3>\n<p>Joint Resolution N\u00ba4469\/2019 issued by Tax Authority (\u201cAFIP\u201d) and Ministry of Production and Labor regarding the benefit created by Decree N\u00ba128\/2019 (the, \u201cDecree\u201d) consisting in the increase of nontaxable minimum amount of employer\u2019s charges which perform the activities listed in the Decree, sets forth the requirements to be met by such employers performing such activities as of December 31st, 2018 in order to apply for such benefit.<\/p>\n<h3>Resolution N\u00ba230\/2019 &#8211; Extension of the Start Up Date of Power Plants of Renewable Energies<\/h3>\n<p>Resolution N\u00ba230\/2019 issued by the Secretary of Energy allows to request an extension of time for the achievement of the start \u2013up date and beginning of commercial operation of power plants of renewable energies which will supply big consumers under National Law N\u00ba27,191. To such effect, interested parties shall comply with the new requirements contained in the aforementioned Resolution in order to access to this benefit.<\/p>\n<h3>Decree N\u00ba355\/2019 &#8211; Neuqu\u00e9n Province Regulation of Electric Power Obtained from Renewable Sources<\/h3>\n<p>The Executive Branch of the Province of Neuqu\u00e9n issued Decree N\u00ba355\/2019 which regulates provincial law N\u00ba3108 which adhered to National Law N\u00ba27,191 regarding the promotion regime for the use of renewable energy sources destined to the production of electric power.<\/p>\n<table style=\"width: 100%;\">\n<tbody>\n<tr>\n<td style=\"background-color: #025b8c;\">\n<h1 style=\"text-align: center; margin-bottom: 15px; margin-top: 15px;\"><span style=\"color: #ffffff;\">LATEST NEWS IN THE HYDROCARBON SECTOR<\/span><\/h1>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<h3>Resolutions N\u00ba1 and 2\/2019 &#8211; New Values of Compensations Payable to Landowners<\/h3>\n<p>Resolutions N\u00ba1\/2019 and N\u00ba2\/2019 issued by the Secretary of Agriculture, Livestock and Fishing and the Secretary of Non Renewable Resources and Fuels Market set forth as from August 31, 2018 an increase in the amounts to be paid under previous regulations to landowners by oil and gas exploration, exploitation and transportation companies as compensation for the activities performed in their land.<\/p>\n<h3>Resolution N\u00ba148\/2019 &#8211; Discount on Gas Prices<\/h3>\n<p>By means of Resolution N\u00ba148\/2019 issued by the Secretary of Energy it was resolved to grant a discount on natural gas and induced propane\u2019s rates for residential consumers of 27% and 12% for the months of April and May, 2019 respectively.<\/p>\n<h3>Resolution N\u00ba204\/2019 &#8211; New Values of Gas Sub-Distribution Charges<\/h3>\n<p>Gas Enforcement Authority (\u201cENARGAS\u201d) approved by means of Resolution N\u00ba204\/2019 the new values of the charge to be collected by the gas sub-distributors from clients categorized as big users or GNC stations.<\/p>\n<h3>Resolution N\u00ba175\/2019 &#8211; Natural Gas Supply Agreements with Distributors<\/h3>\n<p>Secretary of Energy issued Resolution N\u00ba175\/2019 which abrogates Articles N\u00ba 5, 6 and 7 of Resolution N\u00ba752\/2005 and therefore allows users categorized as \u201cGeneral Service P Group III\u201d to acquire natural gas directly from gas distributors under the complete service mode in accordance with the Natural Gas Law.<\/p>\n<h3>Resolutions 219\/2019 and 108\/2019 &#8211; Opinions on Gas Regulation Projects<\/h3>\n<p>Gas Enforcement Authority (\u201cENARGAS\u201d) issued Resolution N\u00ba219\/2019 which extends for an additional 60-day period the term set forth under Resolution N\u00ba117 for all interested parties to express their opinions regarding the project of new regulation for the registry of qualification licenses. The ENARGAS also extended for 45 days the term set forth under Resolution N\u00ba108\/2019 for all interested parties to express their opinions and proposals regarding the project of new regulation for natural gas dispatch.<\/p>\n<h3>Resolutions N\u00ba228 and 230\/2019 &#8211; Opinion on Gas Regulations Projects<\/h3>\n<p>By means of Resolutions N\u00ba228 and 230\/2019 the Gas Enforcement Authority (\u201cENARGAS\u201d) called all interested parties to express their opinions and proposals regarding the projects of modification of the regulations NAG-314\/1995 and NAG-332 for a 60-day period counted as of April 24th, 2019.<\/p>\n<h3>Disposition 28\/2019- Modification to the Regulations of Reservoirs of LPG<\/h3>\n<p>Disposition N\u00ba28\/2019 issued by the Subsecretary of Hydrocarbons and Fuels contains several modifications to the regulations for the testing, conditioning and destruction of micro-tanks, tanks (\u201cgarrafas\u201d) and cylinders containing LPG.<\/p>\n<h3>Resolution N\u00ba223\/2019 &#8211; Modification of the Regulation for the Gas Distribution Regime<\/h3>\n<p>Resolution N\u00ba223\/2019 issued by Gas Enforcement Authority (\u201cENARGAS\u201d) modifies certain articles of the Regulation to the Gas Distribution Service License.<\/p>\n<h3>Resolution N\u00ba229 \/2019 &#8211; Advance Payment of the Control and Audit Fee<\/h3>\n<p>Resolution N\u00ba229\/2019 issued by Gas Enforcement Authority (\u201cENARGAS\u201d) sets forth the amount of the second advance payment of the \u201cControl and Audit Fee\u201d.<\/p>\n<h3>Disposition N\u00ba29\/2019 \u2013 New Regulation for Domestic Supply of GLP<\/h3>\n<p>Disposition N\u00ba29\/2019 issued by the Subsecratry of Hydrocabros and Fuels modifies the regulation applicable to the determination by the enforcement authority of the volumes of GLP to be supplied by producers to the local market for domestic use and the total quota of butane and propane GLP to be provided by each company.<\/p>\n<h3>Resolution N\u00ba222\/2019 &#8211; Gas Export Authorization<\/h3>\n<p>By means of Resolution N\u00ba 222\/2019 the Secretary of Energy granted Pan American LLC Suc. an authorization to export gas interruptible to Enel Generaci\u00f3n Chile S.A. for a maximum volume of 1,000,000 m\u00b3\/day up to May 1st 2020 or up to the export of an amount equivalent to the daily authorized amount multiplied by the amount of days of the authorization, whatever occurs first.<\/p>\n<p>&nbsp;<\/p>\n<p>Please, do not hesitate to contact us in case you have any further questions or comments:<\/p>\n<div class=\"tm-article-columns uk-text-left uk-margin-large\">\n<p style=\"text-align: center;\">Mar\u00eda Victoria Tiscornia<br \/>Senior Associate<br \/>mvtiscornia@bcoabogados.com.ar<br \/> +54 11 4326-7777<\/p>\n<p style=\"text-align: center;\">Leandro Martin Orts<br \/> Senior Associate<br \/>lorts@bcoabogados.com.ar<br \/> +54 11 4326-7777<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Relevant news: Anticorruption National Plan (2019 \u2013 2023) for the public administration. Regulation of Law 22.362 of Trademarks and Trade Names. Regulation regarding fair trade Requirements for participation in shareholders meetings by foreign shareholders Simplified export regime for minor operations Import regime for major investment projects Increase of values of compensations payable to hydrocarbon permit [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":32,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-31","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/bcoabogados.com.ar\/en\/wp-json\/wp\/v2\/posts\/31","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bcoabogados.com.ar\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bcoabogados.com.ar\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bcoabogados.com.ar\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/bcoabogados.com.ar\/en\/wp-json\/wp\/v2\/comments?post=31"}],"version-history":[{"count":1,"href":"https:\/\/bcoabogados.com.ar\/en\/wp-json\/wp\/v2\/posts\/31\/revisions"}],"predecessor-version":[{"id":227,"href":"https:\/\/bcoabogados.com.ar\/en\/wp-json\/wp\/v2\/posts\/31\/revisions\/227"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/bcoabogados.com.ar\/en\/wp-json\/wp\/v2\/media\/32"}],"wp:attachment":[{"href":"https:\/\/bcoabogados.com.ar\/en\/wp-json\/wp\/v2\/media?parent=31"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bcoabogados.com.ar\/en\/wp-json\/wp\/v2\/categories?post=31"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bcoabogados.com.ar\/en\/wp-json\/wp\/v2\/tags?post=31"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}