City of Buenos Aires, 10/30/2024
HAVING SEEN File No. EX-2024-112432983-APN-DGDA#MEC, Law No. 21,622 and Necessity and Urgency Decrees Nos. 70 of December 20, 2023 and 553 of June 28, 2024, and
CONSIDERING:
That by means of the aforementioned Law No. 21,622, the STATE COMPANY “CASA DE MONEDA” was created with the purpose of manufacturing circulating money, valued species, control and collection instruments and special documentation required by the NATIONAL STATE and, subsidiarily, and in to the extent that it does not interfere with the aforementioned activity, meet similar needs of the then Municipality of the City of Buenos Aires, current Government of the AUTONOMOUS CITY OF BUENOS AIRES, of the Provinces and their Municipalities and of foreign States and produce all types of forms for official or private entities, national or foreign.
It is important to highlight that it is essential to renegotiate the contracts signed by SOCIEDAD DEL ESTADO “CASA DE MONEDA” in order to provide continuity to the services it provides for the proper functioning of the company, namely: printing of passports, printing of patent badges, stamp printing, among others.
That through the Decree of Necessity and Urgency No. 70/23, a public emergency was declared in economic, financial, fiscal, administrative, pension, tariff, health and social matters until December 31, 2025.
That the aforementioned norm took into consideration that, for the purposes of greater efficiency in the functioning of the public sector, it is necessary to carry out a profound reorganization of public companies.
That, within this framework, Law No. 20,705 was repealed and the transformation of the legal status of Companies or Companies with State participation into Public Limited Companies was established, in accordance with the regime of the General Companies Law.
That, likewise, by article 51 of the aforementioned Decree No. 70/23, a maximum transition period of ONE HUNDRED AND EIGHTY (180) days was established from its issuance so that the Enforcement Authority can proceed to implement the transformation of the Companies of the State; Subsequently, in order to adequately comply with the provisions of Article 48 of the aforementioned Decree No. 70/23, by Decree No. 553/24, said period was extended for the same period of time.
That, by virtue of this, for the purposes of complying with the aforementioned regulatory framework, it is necessary to arrange for the intervention of SOCIEDAD DEL ESTADO “CASA DE MONEDA” for a period of ONE HUNDRED AND EIGHTY (180) calendar days, in order to define its conduct and contribute to optimizing the effectiveness and efficiency of the actions it carries out.
That in order to optimize the activities currently carried out by SOCIEDAD DEL ESTADO “CASA DE MONEDA” it is essential to begin the process that will culminate with the transformation and updating of its corporate purpose.
That the aforementioned transformation, in addition to complying with the legal mandate, seeks to reflect the current business strategy, corporate identity and positioning in the market, thus contributing to greater coherence and recognition by its clients, its partners and the general public.
Consequently, and taking into account the complexity of the task entrusted, it is necessary to appoint an Auditor.
That the relevant legal advice service has taken the intervention of its competence.
That this measure is dictated in use of the powers conferred by article 99, paragraphs 1 and 7 of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINE NATION
DECREE:
ARTICLE 1.- The intervention of the STATE COMPANY “CASA DE MONEDA” is provided for a period of ONE HUNDRED AND EIGHTY (180) calendar days starting on November 1, 2024.
ARTICLE 2.- As of November 1, 2024, Dr. Pedro Daniel CAVAGNARO (DNI N° 29,326,969) is designated as Controller of SOCIEDAD DEL ESTADO “CASA DE MONEDA”.
ARTICLE 3.- In the exercise of his position, the Controller will have the powers that the Statute of the intervened company confers on the Board of Directors and/or its President and, especially, those established in this decree:
to. Prepare and submit to the MINISTRY OF ECONOMY a report on the status of SOCIEDAD DEL ESTADO “CASA DE MONEDA”;
b. Prepare a reformulation, readjustment and action plan for society, which must be submitted to the MINISTRY OF ECONOMY for consideration;
c. Review all of the judicial and administrative processes in which SOCIEDAD DEL ESTADO “CASA DE MONEDA” participates or is involved as a party, third party or potential interested third party, making a report on its status and the recommendations to follow;
d. Review, evaluate and modify by agreement the Collective Labor Agreements for the Company’s Personnel and/or negotiate new ones;
and. Exercise employer representation before union entities and company personnel by reviewing the remuneration and salary guidelines, compensation parameters and separation agreements;
F. Survey, evaluate, modify the fund administration regime, expanding or reducing budget items and/or approving a new one;
g. Modify the Contracting Regulations for works, goods and services of the company and/or approve a new one;
h. Modify the name of the company, with prior approval from the NATIONAL EXECUTIVE BRANCH;
Yo. Survey and modify the organic and functional structure, the corresponding organizational chart and the Professional Regime of contracted, permanent staff and cabinet personnel and/or approve a new one;
j. Determine and propose to the MINISTRY OF ECONOMY the actions aimed at organizing the regime of the personnel of the STATE COMPANY “CASA DE MONEDA” regarding its status as a magazine;
k. Review the company’s purchasing and contracting administration;
l. Arrange a comprehensive audit on the state of the facilities, goods received and their status;
m. Evaluate and report to the MINISTRY OF ECONOMY the existence and compliance of possible observations and recommendations made by the Internal Audit Unit, by the GENERAL OFFICE OF THE NATION, by the GENERAL AUDIT OF THE NATION and on the regularization and/or corrective actions that they would have faced each other;
n. Appoint and remove officers and personnel of the company;
either. Carry out the contracting of goods and services that are necessary for the fulfillment of the powers granted here;
p. Renegotiate existing debts through refinancing, payment and/or asset disposal mechanisms;
q. Evaluate, renegotiate, extend, extend, modify, resolve and terminate existing contracts that ensure the continuity of the provision of services in favor of society and/or third parties;
r. Adopt the necessary measures to transfer from the SOCIEDAD DEL ESTADO “CASA DE MONEDA” to third parties the services provided by said company, the personnel, the movable and immovable property, brands, registrations, patents, licenses and other intangible assets and all those assets that As of the date of issuance of this document, the services provided by the SOCIEDAD DEL ESTADO “CASA DE MONEDA” will be affected;
s. Carry out the necessary contracts in order to carry out the strategic disposition procedure of the company and its business units jointly or separately, in coordination with the Temporary Special Executing Unit “PUBLIC COMPANY TRANSFORMATION AGENCY”, acting in the scope of the MINISTRY OF ECONOMY;
t. Represent society legally.
The detail provided in the preceding sections is only illustrative and does not limit in any way the functions of the Comptroller that may be linked to other regulatory aspects, audit actions and sanctions, economic-financial aspects and the protection of user rights.
If any anomaly is detected, the Controller must inform the MINISTRY OF ECONOMY, through the Temporary Special Executing Unit “PUBLIC COMPANY TRANSFORMATION AGENCY”, acting within the scope of said Jurisdiction, with precision, its economic significance and impact. that causes or has caused on the management, providing all of the respective information or working documents and advising on the actions and measures that should be adopted.
ARTICLE 4.- The MINISTRY OF ECONOMY will provide the necessary adjustments in the General Budget of the National Administration in order to meet the requirements that arise as a consequence of this act.
ARTICLE 5.- The MINISTRY OF ECONOMY, or the body it determines, is empowered to dictate the complementary and/or explanatory rules that are necessary for the implementation of this decree.
ARTICLE 6.- This measure will come into force on the day of its publication in the OFFICIAL BULLETIN.
ARTICLE 7.- Communicate, publish, give to the NATIONAL DIRECTORATE OF THE OFFICIAL REGISTRATION and archive it.
MILEI – Luis Andres Caputo
e. 31/10/2024 N° 77525/24 v. 31/10/2024