Facultades sancionatorias del Banco Central de la República Argentina

Abstract

The article develops the sanctioning powers that  regulatory framework attributes to the Central Bank of the Argentine Republic so that it can fulfill its mission of regulating the functioning of the financial system and of applying the Law of Financial Entities and the rest of the regulations issued as a consequence.

The recognition of sanctioning powers to the body is consistent and proportionate with the aforementioned powers of regulation and supervision of the financial system, for the proper exercise of which the existence of coercive and disciplinary powers is necessary, without which the attribution of the former will not make sense, which is would become inoperative and ineffective.

The sanctioning procedure currently in force is described, called "Disciplinary Regime in charge of the Central Bank of the Argentine Republic", which was established in 2017 with the aim of providing the processing of financial summaries with the greatest transparency, predictability, legality, reasonableness, equal treatment and economy of resources, time and possible administrative and judicial costs.

The sanctions that can be applied by the BCRA within the framework of a financial investigation are differentiated from other measures that can be adopted by the SEFyC or the Board of Directors against financial entities.