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FEDERAL CONSUMER PROTECTION LAW - page 15 / 38

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The regulations shall detail and specify aspects such as the characteristics of the goods and services that can be subject-matter of the aforesaid marketing systems; the minimum contents of adhesion contracts; characteristics, incorporation and, if applicable, authorization and liquidation of groups of consumers; terms to operate the systems; fixing of contributions and types of fees and accounts; awards and allocations; administrative expenses, costs, contractual penalties, returns and interest that consumers shall pay; management of resources by the aforesaid suppliers; rescission and cancellation of contracts; establishment of guarantees, insurance and collection; reviews or supervision of the operation of the abovementioned systems by third professional parties or external auditors; characteristics of the information that suppliers shall furnish to consumers, to authorities with competent jurisdiction and external auditors; and criteria on the advertising addressed to consumers.

ARTICLE 63 BIS.- In the operation of the marketing systems indicated in the preceding article, it is prohibited to market goods which are not certain or determinable; the incorporation of groups which adhesion contracts do not expire on the same date, considering that the date when the group in question is liquidated shall be the date of expiration; the incorporation of groups to market different goods or goods that have a different purpose; the transfer of resources or financing of any type, either from one group of consumers to another group or to third parties; to combine groups of consumers and relocate consumers from one group to another, as well as any other act that breaches the provisions of this Law and the regulations hereto, or which purpose is to evade the compliance thereof.

Any amount to be paid by consumers shall be fully identified and detailed with the item that gave rise to it, and shall be allocated solely to pay the relevant items, pursuant to the provisions set forth in the selfsame regulations.

The following persons may not take part in the administration, management and control of corporations that manage marketing systems:

I. Persons who have brought a civil or commercial action against the supplier in question;

II. Persons sentenced by means of a final sentence executed with regards to an intentional crime that deserves imprisonment, or who have been barred to fulfill an employment, position or commission within the financial system;

III. Bankrupts and debtors whose rights have not been reinstated; and

IV. Third professional parties or external auditors, and persons who perform reporting, inspection or surveillance duties with respect to suppliers.

ARTICLE 63 TER.- Corporations that manage marketing systems indicated in Article 63 shall act in the capacity as suppliers, under the provisions of Article 2 of this Law. The supplier shall be responsible to deliver the good contracted to the consumer within the term agreed, and under the conditions set forth in the relevant adhesion contract, and shall be accountable for the nonperformance of any contractual clause. The supplier may not charge to the consumer any penalty if the consumer leaves the group due to any nonperformance attributable to the supplier.

The Agency may resolve that one or several suppliers shall suspend, on a temporary basis, the execution of new contracts with consumers whenever the supplier or suppliers have violated the relevant provisions either seriously or repeatedly, without prejudice to the penalties that may apply. The above notwithstanding, during the time the cited suspension continues, the supplier or suppliers shall continue to operate the marketing systems in compliance with the obligations they have assumed with the consumers, pursuant to the pertinent provisions.

ARTICLE 63 QUATER.- The following shall be grounds for revoking the authorization granted to the supplier:

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