CNV: Normas (N.T. 2013), nuevas modificaciones.

Mediante la Resolución General 645/2015 (22/9/2015), la Comisión Nacional de Valores introdujo nuevas modificaciones a las Normas (N.T. 2013). Se trata de la sustitución de los artículos 1°, 2°, 3° y 4° de la Sección I del Capítulo II, Título XIII, con vigencia a partir del día de la publicación en el Boletín Oficial. A continuación, la parte dispositiva de la norma en comentario.

 

LA COMISIÓN NACIONAL DE VALORES
RESUELVE:

Artículo 1° — Sustituir los Artículos 1°, 2°, 3° y 4° de la Sección I del Capítulo II, Título XIII de las NORMAS (N.T. 2013), por el siguiente texto:

“PROCEDIMIENTO.

ARTÍCULO 1°.- La Resolución de la Comisión que disponga la comparecencia personal de las partes involucradas en la investigación, en el marco del procedimiento abreviado dispuesto por el Artículo 140 de la Ley N° 26.831, hará constar la fecha de la audiencia preliminar y la designación del funcionario que actuará como Conductor del Procedimiento Abreviado.
En lo pertinente, se aplica al Procedimiento Abreviado lo dispuesto en los artículos 9, 10 y 11 de la Sección II, del Capítulo II, Título XIII de las NORMAS (N.T. 2013).

AUDIENCIA.

ARTÍCULO 2°.- En la audiencia preliminar, el funcionario designado como Conductor del Procedimiento Abreviado formulará el requerimiento de las explicaciones que estime necesarias, y podrá discutir discrepancias sobre cuestiones de hecho con los investigados, pudiendo resolver la realización de un cuarto intermedio.

INFORME.

ARTÍCULO 3°.- Del resultado de la audiencia, o en ocasión del cuarto intermedio, el Conductor del Procedimiento Abreviado elevará, junto con el acta de la audiencia preliminar, un informe al Directorio de la Comisión con su valoración jurídica y recomendaciones para la consideración del caso.

RESOLUCIÓN.

ARTÍCULO 4°.- La resolución que adopte la COMISION NACIONAL DE VALORES, que deberá ser aceptada por parte del investigado respecto a las conductas atribuidas, podrá disponer la conclusión de la investigación y, en su caso, fijará la sanción que corresponda teniendo en cuenta a los efectos de la graduación, la colaboración del administrado.
En caso contrario, se dispondrá el procedimiento sumarial.”

Art. 2° — La presente Resolución General entrará en vigencia a partir del mismo día de su publicación.

Art. 3° — Regístrese, publíquese, comuníquese, dése a la Dirección Nacional del Registro Oficial, incorpórese en la página web del Organismo www.cnv.gob.ar, agréguese al texto de las NORMAS (N.T. 2013 y mod.) y oportunamente archívese. — Cristian Girard. — David Jacoby. — Guillermo Paván.

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