Written Communications from Court

Written communications from a court shall be submitted to the Management Office for Legal and Clerical Affairs.

How to submit a written communication

Written communications may be submitted to the Central Bank of Argentina (BCRA), at Reconquista 266, PB, City of Buenos Aires, Mondays through Fridays from 10 am to 3 pm, by paying a AR$15 fee, except for such cases established in the BCRA’s Board Resolution No. 346/2002 . Such fee should preferably be transferred to the following account:

Bank: 030 - Banco Central de la República Argentina CUIT: 30-50001138-2

Account Number: 246000 – DEPOSITOS GERENCIA ADMINIST JUDICIAL (DEPOSITS - MANAGEMENT OFFICE FOR LEGAL AND CLERICAL AFFAIRS)

CBU (SINGLE BANKING CODE): 0300000711000002460000

Alias: BCRAJUDICIALOF

Account Type: Savings account

Currency: Pesos

If your place of residence is outside the City of Buenos Aires, you may address your written communications to: Banco Central de la República Argentina, Gerencia Administrativa Judicial, Reconquista 266, CP 1003, Ciudad Autónoma de Buenos Aires. Please enclose the receipt of payment of the fee (electronically transferred). The Central Bank will not process any written communications in the absence of the relevant receipt of payment, except where waived by Resolution No. 346/2002 .

Formal requirements for submitting a written communication

Formal requirements:

The original written communication shall be submitted along with two copies.
It must be addressed to: “Banco Central de la República Argentina - Gerencia Administrativa Judicial” (Central Bank of Argentina—Management Office for Legal and Clerical Affairs).
The receipt of payment must also be submitted.
In all cases, it is mandatory to provide the National Identity Document (DNI) or the Taxpayer Identification Number (CUIT) of the person against whom an attachment is being ordered or on whom a report is being requested.
- Written communications ordering an injunction (attachment or restraining order preventing a debtor from encumbering or disposing of any of its property), the lifting of such precautionary measure, or the modification of the legal or commercial status of a person: They must be signed by the judge or competent court officer and have the seal of the court, in accordance with the procedural codes of the relevant jurisdiction and pursuant to Law No. 22172.
- Written communications asking for information: They may be signed by court officers or lawyers (whether acting under a power-of-attorney or not). In the case of the latter, written communications shall include transcriptions of the court ruling subject to the above requirements.
- • Written communications from security forces: DThey must include the transcription of the court ruling expressly ordering that bank secrecy should be lifted. Moreover, a copy of the court resolution may be attached to the written communication if the precautionary measure is related to a request for information on deposits or the enforcement of an injunction.
- • Written communications ordering injunctions in foreign currency: They shall provide for the applicable exchange rate for defendants that only have an account for deposits in domestic currency.

Requirements for written communications

If they involve injunctions

Signature of the judge or competent court officer—which must be duly identified—on all pages. The transcription of the ruling and the lawyer's signature will not suffice.
Identification of the person against whom an injunction has been ordered: name, surname, National Identity Document (DNI) number or Taxpayer Identification Number (CUIT).
Amount of the injunction in pesos or the equivalent in pesos, if the amount were stated in foreign currency.
CBU (Single Banking Code) in case the relevant court orders a transfer.
Address—and zip code—to which answer letters must be sent.

If they involve requests for information on financial issues

Identification of the person on whom information is required: name, surname, National Identity Document (DNI) number or Taxpayer Identification Number (CUIT).
Specific identification of the purpose of the written communication.
Address—and zip code—to which answer letters must be sent.
Transcription of the court ruling ordering the precautionary measure.
Signature and name in print of the lawyer submitting the written communication, or signature of the judge or authorized court officer (in the case of the latter, the transcription of the relevant court order is not required).

Frequently Asked Questions

What is the most effective way to request for information on deposit accounts to the BCRA?

Pursuant to the Law on Financial Institutions, Section 39 (bank secrecy), the BCRA has no information available on bank deposit accounts. Therefore, the relevant court must ask the BCRA to circularize the request for information among all institutions within the financial system. In turn, the BCRA issues a Communication “D”, whereby only the institutions concerned are informed of the court order.

Which is the most effective way to levy an attachment or enforce a restraining order on a deposit account??

The BCRA must receive a written communication so ordering, and assumes no obligation whatsoever but to report the injunction ordered. These measures are exclusively informed to the institution concerned through a Communication “D” on a confidential basis. It is not the BCRA but financial institutions that levy attachments or enforce other injunctions on their clients' accounts.

What can I do if I notice that several of my deposit accounts have been attached, actually exceeding the amount informed by the BCRA?

Injunctions are processed under the responsibility of the petitioner. If multiple attachments exceed the amount to be attached, the interested party should send a letter to the BCRA (Management Office for Legal and Clerical Affairs) together with supporting documentation (original or certified copy) from a financial institution stating that the total amount required by the court has been attached. If the debtor subject to attachment is a legal person, the interested party must submit a copy of the power of attorney by virtue of which he/she has been appointed representative of such legal person. The financial system shall be informed of the attachment.

Rejection of Request for Information | On which grounds a request for information or the enforcement of injunctions may be rejected?

Whenever any of the formal requirements referred to above has not been met appropriately or in full, the BCRA shall send back—without any further procedure—any written communication to the relevant court.

Is there any other reason why the BCRA may reject a written communication?

Yes. The BCRA shall send back any written communication without any further procedure whenever it lacks competence to act as requested.

Which are the most usual grounds for the BCRA to return a written communication without any further procedure?

The most usual grounds are listed below:
Formal errors.

Request for information on deposit accounts (not available to the BCRA on grounds of bank secrecy as provided for in Section 39 of the Law on Financial Institutions). This kind of information is only made available by financial institutions.
Request for information on a person's address (not available to the BCRA).
Request for information on bank products and their movements (not available to the BCRA).
Request for recording restraining orders (the BCRA has no record of injunctions).
Order of attachment making the BCRA responsible for preventing the duplication of attachments within the financial system (the BCRA cannot prevent such duplication as it holds no record of injunctions).

How long does it take to process a written communication?

The administrative procedure for processing written communications lasts 10 business days at a minimum, except as otherwise provided by the relevant court.

What happens if, after more than 10 business days of submission, the court receives no information on the measure ordered?

The BCRA will have 10 business days to deal with the administrative procedure. Since financial institutions are always notified, the interested party should wait for another 10 business days for those institutions to send the information requested to the relevant court. If no answer has been provided after such period, the BCRA will report on the status of the request. The petitioner will be asked to supply the file number that has been allocated at the BCRA's reception desk on the date of submission. In the absence of that number, please provide the following information: case name and/or number of the case file and/or relevant court and/or submission date.

How is a response sent to the relevant court?

Letters are sent by mail or delivered in person to the relevant court. They cannot be obtained from the BCRA.

Why is the administrative procedure subject to a fee?

Because—as under Executive Order No. 1757/90—both public and private parties making filings to governmental agencies are required to pay a fee, except for the cases provided under the BCRA’s Board Resolution No. 346/2002

How to lift an injunction that has been notified by the BCRA

The interested party must request the lifting of an injunction to the court that has ordered it, without intervention of the BCRA at this stage. Upon the lifting of an injunction, such circumstance must be informed to the Central Bank for it to forward the decision to financial institutions through a new Communication “D”. Once the court adopts a decision, financial institutions are bound thereto, the Central Bank being no longer involved in the procedure.

How is an injunction enforced in cases brought by AFIP (Federal Administration of Public Revenues), ARBA (Tax Collection Agency for the Province of Buenos Aires), the Ministry of Labor and Social Security, AGIP (Tax Collection Agency for the City of Buenos Aires), ATM (Tax Collection Agency for the Province of Mendoza), the Ministry of Finance for the Province of Córdoba, and the Tax Collection Agency for the Province of Córdoba?

Considering the agreements executed by the AFIP with such agencies (see Communication “A” 6281 and Communication “A” 6286 on this page), court decisions will be informed through the SOJ (system of written communications) without the BCRA’s participation.

How is an injunction requested by the AFIP, ARBA or by the Ministry of Labor enforced?

In these cases, the interested party must submit any request to the AFIP, ARBA or the Ministry of Labor, the BCRA having no concern in this matter.

How is the domino effect of attachments on insurance companies avoided?

In addition to filing multiple attachments, insurance companies may choose, under National Superintendence of Insurance's Resolution No. 31773, Section 1 (dated March 6, 2007) “...to open a bank account with BANCO DE LA NACIÓN ARGENTINA for the sole purpose of enforcing such attachments on funds as are ordered by the relevant court in every jurisdiction. In these cases, any request for attachment sent to the CENTRAL BANK OF ARGENTINA may be honored by withholding the amount attached from the account opened with BANCO DE LA NACIÓN ARGENTINA, provided that there are enough funds deposited.”

How long does it take for the BCRA to process a written communication?

Written communications are processed by the BCRA within the time frame available to public agencies under the procedural codes of each jurisdiction or within the time specified in the written communication.

In the case the BCRA were to give information about technical aspects related to its objectives and duties, it shall directly reply to the relevant court within 30 business days of submission.

In turn, written communications requesting information on deposits or ordering injunctions are dealt with by financial institutions, without the BCRA's participation.

If no answer is provided after 40 business days, you may send an email to consultaoficios@bcra.gob.ar to learn about the status of the request. Please, remember to quote the electronic case number, written communication number, and case name on the subject.