DEFENSE OF THE CONSUMER
(Resolution Nº 9/2004 of the Secretariat of Technical Coordination of the Department of
Economy and Production)



We inform you that the Bank of the Nation Argentina, it has for not any clause and/or existing condition fixed in his contractual documents of Banking of Consumption that, for his text or nature, could be considered to be included in the forecasts of the Resolution of the title.

Also we communicate that if in the Contracts of Consumption celebrated with the Bank there should exist some clause of the tenor of the descriptas, the same one it will be considered to be not applicable, without detriment to it and to the ends of making compatible the Resolution with the procedural norms that allow to extend the jurisdiction in hereditary matter, one confirms that to all the legal effects the agreed one is supported contractualmente. Complementarily, we clarify that the faculty of compensation awarded to the Bank in the consumption contracts, is protected by the article 818 and concordant of the Civil Code, by the article 793 (last paragraph of the Code of Commerce) and by the regulatory norms of the Central Bank of the Republic Argentina.

Seguidamente transcribes entirely the Annex III of the Resolution that occupies us:

In the Contracts of Consumption that take the rendering of service as an object
financial and/or bank, there will be considered to be excessive the clauses that:

a) Grant to the provider the faculty to modify unilaterally
I hire, except as regards those who had been celebrated for
indeterminate time and that, also, the following requisites assemble:

Possible I.Los changes will be definitely foreseen in
contract.
II.El change does not alter the object of the contract or it will be able to import a decline with regard to the services compromised to the moment

of hiring.
III.Se determines criteria and/or objective parameters inside
which the modification could take place and whenever
the same do not authorize changes to affect the balance in
relation between the parts.
IV.Se is foreseen the notification of the change to the user, with
advance not lower than SIXTY (60) days of the entry in
validity of the change and it is foreseen that the consumer that not
I will accept a contractual modification it will have the option of
to cancel without charge the contract.

b) When in contracts which duration is superior to the SIXTIES (60) days and the automatic renewal will have been foreseen, they do not establish
obligation of the provider to notify the consumer with an advance
not lower than SIXTY (60) days, the charges for renewal or others that,
with variable character, they will be foreseen in the contract.

The fixed-term deposits contracts remain excepted I fix anyone it was his duration.

c) Authorize the provider to cancel without cause the contract, “without it coming up
nonperformance of the consumer”, except as regards the celebrated ones
in indeterminate time, which will be able only to be cancelled without cause,
notification before to the consumer, studied with not minor advance
to SIXTY (60) days, unless the norms that they regulate specially
the activity determine a different term.

d) When by the nature of the service she is foreseen,
accesoriamente, the hiring of an insurance and the provider does not offer
to the consumer the possibility of choosing between different companies
insurers.