Estatuto de la Tecnicatura en Martillero Público y Corredor de Comercio
Concepts of the Statute of Auctioneers and Brokers
In this section, the speaker delves into the basic concepts of the statute that regulates auctioneers and brokers, emphasizing its evolution from a 1973 law to recent modifications under the Civil and Commercial Code of Argentina.
Development of Regulations
- The initial regulation focused on auctioneers, later expanded to include brokers with Law 25028, necessitating a thorough review due to outdated norms.
- The former Code of Commerce governed auction acts, including auctioneers and brokers as commercial auxiliaries. However, this chapter is absent in the current Civil and Commercial Code.
Conditions for Practicing
- The statute outlines enabling conditions such as being of legal age without any disqualifications specified in Article 25.
- A significant reform in 1999 introduced the requirement for a university degree for practicing as an auctioneer or broker.
Inhabilitation Criteria
- Two key requirements are set nationwide: possessing a university degree and meeting specific disqualification criteria applicable to both auctioneers and brokers.
- Issues arise due to discrepancies between past regulations under the repealed Code of Commerce and current laws governing who can engage in commerce.
Inhabilitation Criteria and Exclusions
This segment explores further details regarding disqualifications for engaging in commercial activities based on various legal provisions beyond the Civil and Commercial Code.
Lack of Regulation for Traders
- Criticism arises towards the new Civil and Commercial Code for not addressing regulations concerning traders or businesses adequately.
Disqualification Factors
- Prohibitions on engaging in commerce stem from special laws like bankruptcy regulations rather than directly from the Civil and Commercial Code.
Specific Exclusions
- Individuals with fraudulent conduct post-rehabilitation face restrictions up to five years. However, certain clauses have lost relevance due to changes in bankruptcy laws.
Additional Disqualifications
- Restrictions extend to individuals with criminal records related to property disposals or specific offenses like theft or fraudulence.
Disciplinary Sanctions
New Section
This section discusses the regulations and requirements for registration related to auctioneers in Argentina, emphasizing the national law's application across the country while local rules govern specific registration conditions.
Regulations and Requirements for Registration
- Auctioneers must possess a university degree from a public or authorized private institution, be of legal age (18 years), and demonstrate good conduct. Good conduct certification has raised constitutional concerns due to its administrative nature.
- The certification of good conduct is gradually being replaced by a criminal record certificate issued by the national government, detailing any criminal convictions. Other requirements include establishing domicile jurisdiction and providing a real or personal guarantee to the registration control authority.
- The requirement of a guarantee to cover fines and damages incurred during professional activities has been challenged constitutionally as it may restrict freedom to work. However, compliance with local regulations is mandatory alongside national laws.
Local vs. National Regulations
- Local regulations supersede national laws concerning registration criteria. Each province, including Buenos Aires City and the national level, imposes specific requirements for registration.
- Control over registrations has shifted from judicial bodies to auctioneers' and brokers' associations established at provincial levels. These entities manage individual records containing personal data and modifications publicly.
Access to Public Information and Guarantees
- Legislation in Argentina grants access to public information under Law 27,275, ensuring transparency in maintaining public records by professional bodies exercising local policing powers.
- The guarantee provided by auctioneers is non-seizable and solely covers damages caused during professional activities, fines imposed, or declared responsibilities. Immediate restoration of the guarantee is required if affected.
New Section
This section delves into guarantees provided by auctioneers regarding damages caused during their activities, fines imposed on them, as well as their responsibilities according to legislation in Argentina.
Guarantees Provided by Auctioneers
- The guarantee serves as protection against damages caused during professional duties; however, its terms may pose challenges due to potential discrepancies between guaranteed amounts and actual liabilities.
- Immediate restoration of the guarantee upon depletion is crucial for maintaining one's registration status. Incompatibilities exist primarily for public employees acting as auctioneers unless specified otherwise by special laws.
Incompatibilities Regarding Auctioneers
- Specific restrictions apply mainly to public employees who are also registered as auctioneers when conducting auctions ordered by their respective branches of government administration.
New Section
The discussion revolves around the regulation of auction acts, the role of auctioneers and brokers, and their responsibilities in conducting auctions.
Regulation of Auction Acts
- The act of auction is not regulated in general substantive legislation.
- Unlike the previous Commercial Code, today's legislation does not explicitly mention auction acts as commercial acts.
- Auctioneers have the authority to conduct public sales of various goods and provide valuations.
Responsibilities of Auctioneers
- There is debate regarding auctioneers' authority to conduct valuations, but it is clear that they have legal authorization to inform about the market value of goods for sale.
- Auctioneers can also gather necessary reports from public offices and banks for fulfilling obligations related to auctions.
Duties and Obligations
- Auctioneers are empowered by law to request certificates related to property conditions from relevant authorities.
- They can request measures from competent authorities to ensure smooth auction proceedings.
New Section
This section discusses the obligations related to record-keeping, verification of titles, and financial aspects in auctions.
Record Keeping
- Despite modernization in accounting laws, auctioneers must maintain specific books as required by general and special legislation.
Verification of Titles
- It is crucial for auctioneers to verify the existence and validity of titles allowing disposal of properties up for auction.
Financial Aspects
- Auctioneers need to agree in writing with the authorized party on covering auction expenses.
New Section
This part focuses on advertising requirements, legal announcements, and compliance with consumer protection laws during auctions.
Advertising Requirements
- Auctioneers must advertise auctions adequately based on decrees like 274/19 and laws such as consumer rights protection (24 240).
Legal Announcements
- Specific details like date, time, location, property description, ownership conditions should be included in all announcements for transparency.
New Section
This section discusses the regulations related to consumer relations and advertising norms within the Civil and Commercial Code of the Nation, providing guidelines for understanding legal criteria in auction cases conducted by companies.
Regulations on Consumer Relations and Advertising Norms
- Reference to the Civil and Commercial Code of the Nation for guidance on legal parameters in advertising practices.
- Modifications in local jurisdictions concerning auctions of lots in developing towns, emphasizing compliance with planning regulations.
- Necessity to update outdated norms regarding auction procedures according to current legislation.
- Guidelines for conducting auctions, including displaying necessary information prominently before commencing.
- Requirements for auction proceedings, emphasizing clear communication of legal aspects and property details.
New Section
This segment delves into the documentation requirements and financial transactions involved in auction processes, highlighting the importance of adhering to legal standards.
Documentation and Financial Transactions in Auction Processes
- Emphasis on documenting sales agreements accurately as per current Civil and Commercial Code provisions.
- Challenges related to payment methods for movable goods during auctions, necessitating adherence to valid payment forms.
- Obligations regarding financial reporting post-auction, stressing timely submission of accounts within specified deadlines.
New Section
This part explores accountability measures for auctioneers, focusing on detailed account reconciliation procedures and potential consequences for non-compliance.
Accountability Measures for Auctioneers
- Importance of detailed documented account reconciliation following auctions based on legal requirements.
- Consequences of failing to provide a descriptive account reconciliation post-auction, including loss of commission and liability for damages.
New Section
The discussion shifts towards post-auction responsibilities such as maintaining records, certificates, and fulfilling legal obligations after property transfer.
Post-Auction Responsibilities
- Requirement to retain records, certificates, and reports related to auctioned properties until final ownership transfer is completed.
Norms and Regulations for Auctioneers
The discussion revolves around the rights of auctioneers regarding reimbursement of expenses, commissions determined by judges, considerations of local tariff laws in failed auctions, and the responsibilities of auctioneers in case of auction failure.
Rights to Reimbursement and Commissions
- Auctioneers may claim necessary and useful expenses even if not expressly agreed upon.
- Judges determine commissions based on work importance and incurred expenses.
- Local tariff laws govern failed auctions due to non-attributable causes; judicial instances decide appropriate commissions and expense reimbursements.
Commission Determination in Failed Auctions
- Local tariff laws supersede national laws; judicial instances decide commission amounts and expense reimbursements.
- Commission is based on actual sale price if auction fails due to lack of bidders; otherwise, it's based on the item to be auctioned unless another economic guideline was agreed upon.
Responsibilities and Societal Considerations
- If auction is annulled due to non-auctioneer reasons, the responsible party covers the commission payment.
- Auctioneers can form various types of societies except cooperatives for exclusive auction purposes post 1973 legal changes.
Legal Framework for Auction Societies
This section delves into the formation of auction societies by auctioneers under new legal frameworks post-1973, barring cooperatives. It also discusses shared responsibilities within these societies.
Formation of Auction Societies
- Auction societies can be established under newer legal frameworks post-1973 excluding cooperatives.
- Members forming such societies are jointly responsible for damages resulting from auctions conducted by the society.
Operational Requirements
- Societies must conduct auctions through registered auctioneers and enroll in specialized registers managed by relevant authorities.
Digitalization Impact on Auction Processes
The impact of digitalization on auctions is explored with a focus on electronic platforms for public, judicial, state-owned property, or bank auctions.
Digitalization in Auction Processes
- No prohibition exists against conducting digital auctions as long as they comply with pertinent public order regulations.
Bookkeeping Requirements for Auction Entities
Bookkeeping obligations for both individual auctioneers and societies are detailed concerning sales records, client accounts, and management accountability.
Bookkeeping Obligations
Detailed Explanation of New Legislation
The speaker discusses the impact of new legislation on the manifestation of obligations related to bookkeeping for auctioneers.
Impact of New Legislation
- Significant changes have occurred in how books can be maintained legally by auctioneers since 1973.
- Auctioneers are required to chronologically archive documents related to their operations and are prohibited from engaging in certain activities, such as influencing auction prices.
- Prohibitions include not buying goods for third parties or themselves, within specific relationships, and not signing sale documents without proper authorization.
- Auctioneers are forbidden from retaining more than their commission and agreed-upon expenses from the sale price.
- Usage of misleading terms or actions during auctions is strictly prohibited.
Enforcement and Penalties
The discussion focuses on the enforcement mechanisms and penalties for non-compliance with auction regulations.
Enforcement Measures
- Violations of regulations can lead to fines, suspension, or cancellation of licenses, with authorities responsible for determining and applying sanctions.
- Sanctions imposed will be recorded in individual files of auctioneers by professional bodies in each jurisdiction.
Responsibility and Consequences
This part delves into the responsibilities and consequences faced by auctioneers for misconduct.
Accountability
- Auctioneers face severe repercussions if a sale is suspended or annulled due to their fault or deceit, including loss of commission rights and liability for damages incurred.
Regulation Compliance
Addressing the necessity for compliance with regulations to conduct auctions legally.
Legal Compliance
New Section
This section discusses the regulations and legal frameworks governing judicial auctions, emphasizing the precedence of specific laws over general ones in such proceedings.
Regulations for Judicial Auctions
- Judicial auctions are governed by their own legal framework, prioritizing specific regulations over general laws.
- The judicial auction process adheres to procedural codes and organic laws of justice, with this legislation applicable nationwide.
- Incorporation of previous commercial code laws into the civil and commercial code ensures continuity for brokers and auctioneers.
- Provisions for brokers extend to commerce brokers, encompassing various brokerage modalities as outlined in specific articles.
- Specific provisions on brokerage contracts detailed in the civil and commercial code require careful consideration within the professional scope.
New Section
This segment delves into the prerequisites and conditions necessary for individuals aspiring to become brokers, highlighting educational qualifications and registration requirements.
Requirements for Brokers
- Prospective brokers must meet specified conditions, including being of legal age and possessing a recognized university degree.
- Registration mandates entail compliance with local regulations, potentially involving unified or separate broker associations across regions.
- Domicile requirements, educational certifications, and guarantees form essential criteria for broker registration eligibility.
- Compliance with additional prerequisites set by local regulations is crucial for individuals seeking to practice as brokers.
- Fulfillment of conditions is imperative; failure to meet these standards may result in legal repercussions regarding fee collection or professional conduct.
New Section
This part elucidates the role and responsibilities of a broker in facilitating business transactions without being bound by exclusive relationships with any party involved.
Broker's Role and Responsibilities
- Brokers act as intermediaries connecting multiple parties without forming collaborative or representative ties with any single entity.
- While not obligated to represent either party exclusively during transaction execution, brokers can be entrusted with certain contractual acts upon request.
Contract of Brokerage - Key Provisions
In this section, the speaker delves into the key provisions related to the contract of brokerage, focusing on defining the contract and outlining the obligations and responsibilities of a broker.
Contract Definition and Scope
- The contract of brokerage is defined within the context of producing a reform in the civil and commercial code.
- Brokers can be individuals or legal entities, enabling societies to engage in brokerage activities.
Broker Obligations
- Brokers must ensure the identity verification and legal capacity of parties involved in transactions they mediate.
- Precision and clarity are essential when proposing deals, avoiding misleading information that could lead to errors.
Professional Responsibilities
- Brokers have a duty to inform parties about all relevant circumstances influencing a transaction's outcome.
- Maintaining confidentiality regarding negotiation details unless required by judicial or competent public authority.
Broker's Duties and Commissions
This section explores further duties and commissions associated with brokers, emphasizing professional conduct and financial aspects.
Information Handling
- Brokers must assist in finalizing transactions by overseeing conclusive agreements and object exchanges.
- Prohibition against acquiring goods under negotiation for personal gain or having any vested interest in such negotiations.
Commission Regulations
- Brokers are entitled to stipulated commissions upon successful deal closures resulting from their intervention.
- Legal provisions prioritize local tariff laws over commission agreements if not explicitly stated otherwise.
Commission Payment Conditions
Discusses specific scenarios where commission payments are due or exempted based on contractual outcomes.
Commission Entitlement
- Brokers are entitled to commissions even if contracts are subject to conditions or do not reach completion.
Detailed Analysis of Legal Concepts
In this section, the discussion revolves around the responsibilities of a broker in ensuring that legal requirements are met before proceeding with transactions and the rights of brokers regarding expense reimbursements.
Responsibilities of Brokers
- The broker should have verified the legal capacity of the parties involved or ensured proper representation.
Rights to Expense Reimbursement
- According to the civil and commercial code, brokers are entitled to reimbursement for expenses even if a transaction does not materialize unless agreed otherwise.
- Clarity is needed in stating that necessary and useful expenses must be reimbursed, whether or not the transaction is completed.
Clarity on Expense Reimbursement
- It should be explicitly agreed upon that brokers will be reimbursed for expenses even if a deal falls through to avoid misinterpretation.
- This chapter clarifies that lack of agreement on expense reimbursement may lead to misunderstandings regarding broker rights.