1 The purpose of CONAC is to issue accounting standards and guidelines for financial reporting to be applied by public authorities. The legal nature of accounting in the context of statutory accounting has been the subject of much discussion. Some authors, as indicated by Cornejo Costas, have confirmed that it is a burden, an obligation or a duty. Most domestic and foreign doctrines interpret it as an obligation. Rules that govern accounting in our country: The other articles stipulate that natural persons engaged in commercial activities must have a general ledger and, in the case of legal entities, a logbook, in addition to all the legal and tax requirements that must be fulfilled. As you can see, the tax framework of accounting is quite broad, so it becomes with Tax Consulting, a company that knows the entire regulatory field. Spanish doctrine affirms that legal regulations induce the principles: 1) Fidelity: a true picture of the reality of business; 2) Clarity: affects formal expression so that it is understandable; (3) Unit: means the person and the period; 4. Continuity: refers to the permanent nature of activities; 5) Prudence: the option of the best possible reflection of reality. Accounting is a system in which evaluations of internal and external transactions that affect the financial situation of a company are presented and carried out. The legal framework for accounting is defined in Articles 33 to 38 of the Commercial Code. Article 33 states: “Every trader shall maintain and maintain an adequate accounting system. This system can be implemented with the instruments, resources and recording and processing systems that best suit the specific characteristics of the company.
The revision of the basic rule of Article 43 of the Commercial Code, relating to the obligation of accounting, brings us closer to the daily issues of the smooth running of business. The role of books and their records is so relevant that Legeais said in France that brokers` accounting provides services to the national economy. In addition, Article 28 of the Federal Tax Code (SBB) sets out all the elements that make up accounting, such as: books, accounting systems and records, working documents, bank statements, special accounts, books and social documents, as well as all tax requirements that must be met. – Commercial Code and other commercial regulations – Edition de Ramón Bernabé García Luengo – Editorial Aranzadi-Madrid 1998-p. 115 – Legeais, Dominique-Droit comercial-Sirey Edition – tenth edition-Paris 1995, p. 48 – Garreta Such, José María “Introducción al Derecho contable”-Monografías jurídicas-Marcial Pons Ediciones Jurídicos S.A., Madrid 1994, p. 33 – Jiménez Sánchez, Guillermo J.-Lecciones de Derecho Mercantil-Editorial Tecnos-Madrid, 1995, p. 110 et seq. – RF-Le Legal Guide new accounting law – Groupe Reveu Fiduciaire- Paris 1999, p. 10 – Bello Knoll, Susy Inés and D`Albora Francisco (h). Wrong balance.
VII. CONGRESS OF COMPANY LAW AND III IBERO-AMERICAN CONGRESS OF COMPANY AND COMMERCIAL LAW. Buenos Aires, September 1998. Volume III, p. 286 – CNCom., Room C, June 30, 989. Molino Central Norte S.A. v. Lalla, Sunday. Note on the judgment “The probative value of negotiation books.
Disposition. (Accounting: customs duty?) ” by Emilio Cornejo Costas-Revista Jurídica La Ley t. 1990-D, p. 176 – quoted after Cornejo Costas in footnote: Fargosi, Horacio P. “Cuestiones de derecho comercial” Ed. Alvarez, Buenos Aires, 1965 and Revista Jurídica La Ley, vol. 111, p. 932, who succeeded none other than Ascarelli accompanied by Carnelutti and was the author of the reform of 1963/83; Fernandez, Raymundo L.
and Gómez Leo, Osvaldo R., “Tratado Teórico-Práctico de Derecho Comercial”, vol. II, ed. Depalma, 1984, who argue that it is the majority; Etcheverry, Raúl « Manual de Derecho Comercial » ed. Astrea, 1977; Meinke, Horacio “Libros de Comercio” in “Elementos del Derecho Comercial” by E.M. Alberti, No. 7, Astrea, 1987; Obarrio, Manuel « Curso de Derecho comercial » t. I, p. 70, éd.
Científica y literaria Argentina, Buenos Aires, 1924. Position supported by the new Article 61 of the Commercial Companies Act. – according to Cornejo Costas in the note cited: Reverend LA LEY, T. 41, p. 545; T. 100, p. 759; T. 81, p. 242; J.B. Siburu, Zavala Rodríguez, Halperín; CS, judgments: T. 202, p. 241; Abiatti, Luis E.
Revista del Derecho Comercial y de las Obligaciones (Journal of Commercial Law and Obligations), 1963, pp. 477 et seq., ed. Depalma, which also states that the issue of books before the courts may be extended by the judge to third parties who are not parties. We believe that the social and/or general interest that exists in the accounts does not necessarily mean allowing this extension, unless it is exceptional and justified, since it is indispensable for the decision of the trial, since such a social interest does not nullify the character of private property, even if it is evidence, and this is clear from Article 57. 58 and 59 of the Code. trade. – according to Cornejo Costas in the note cited: Anaya, J.L and Podetti, H.A., `Commercial Code and complementary laws`. Omeba, 1965; Fontanarrosa, Satanowsky and Ernesto E.
Martorell; – Fontanarrosa, Rodolfo O.-Derecho Comercial Argentino-Editor Zavalia 1995, ninth reprint, p. 330 – CNCom., Room D, 30 April 1992. S.R.L. One Way with note on the judgment “Omission of books and documentation: qualification of culpable or fraudulent conduct?” by Alicia Noemí Santiago. Revista Jurídica LA LEY t. 1993-E, p. 232. – Fontanarrosa, Rodolfo O., “Derecho Comercial Argentino”, Parte general, ed. Víctor P. de Zavalía, Buenos Aires, 1995. p. 331 – CNCom., Room B, 16.10.2001.
Dunlop Argentina S.A. v Flex Hidráulica Capital and others. Revista Jurídica La Ley, tomo 2002-A, p. 662. – CNCom, Room A, August 12, 1994. Coero Borga y Cía S.A. v Frigorífico Agusti S.A. with comments on the judgment “Sale of livestock. Legitimación pasiva y prueba de libros” by Pablo José Fortín-Revista Jurídica La Ley, tomo 1995-D p. 404.
– CNCom., room D, 2002/10/09.- Banco Crédit Lyonnais Argentina v. Montesano, Ricardo O. et al. commented on by the judgment “La preuve du fait constitutive du droit. Duties of judges. Value of negotiation books” by Roland Arazi. Revista Jurídica LA LEY t. 2003-C, p. 171. – CNCom., Room D, 9 August 9-990, Bodegas Esmeralda S.A. v.
Lauzeau, Osvaldo, commented on the judgment “Supporting and additional documents in the proof of the negotiation books” by José Luis García Caffaro-Revista jurídica La Ley t. 1992-C, 453 – Daniel Balonas, Instituto de Derecho Comercial del Colegio de Abogados de Lomas de Zamora “Dr Ángel Mauricio Mazzetti”, “Balance sheet rules in the preliminary draft reform”, XLI Meeting of the Commercial Law Institutes of the Bar Associations of the Province of Buenos Aires. San Isidro, April 2005. If we examine the history of the accounting obligation from a normative point of view, a general decree with the pragmatists of 4 December 1549 and 11 appears in Castile. March 1552, by which it was imposed on all bankers and merchants to settle in Spanish “must and must see” the money received and paid, with the penalty of the loss of property if they are not settled, with which, according to HERNÁNDEZ ESTEVE, it was the first country to have explicit legislation establishing the obligation, that all merchants, businessmen and bankers operating in their kingdoms keep their accounts strictly according to the double-entry accounting system. The Argentine Code has not adopted a specific accounting policy. However, it determines the extrinsic forms that must be taken into account when using and making entries in books. This warns that there is no direct penalty for not taking account.
That in case of wear and tear, the merchant must choose a method that meets the requirement to faithfully represent the reality of the company. It also provides for the obligation to keep original supporting documents for all transactions. PRESENTATION: The merchant is required by law to keep accounts. Nevertheless, there is no direct penalty for not taking account. Nor does it matter what method the merchant uses to comply with this accounting obligation.
