The questioned decree establishes that the BNA enables the entry of private capitals. Prohibited any administrative action aimed at its implementation until the substantive issue is resolved.
The Federal Justice of La Plata ordered the Suspension of Decree 116/2025, which ordered the conversion of the Bank of the Argentine Nation (BNA) into a corporation, and prohibited any administrative action aimed at its implementation until the substantive issue is resolved. The interim precautionary measure was issued within the framework of a cause in which the legality of the entity’s privatization is questioned.
The ruling, signed by Judge Alejo Ramos Padilla, argues that the transformation of the BNA into a corporation could contradict the provisions of Law 27,742, known as Base Law, which explicitly excluded the bank from the list of entities subject to privatization. In addition, he stressed that Any change in the legal structure of the National Bank must be approved by the National Congress.
The measure was adopted in response to a presentation of a group of workers of the bank, among whom is Juan Honorio Guerrero Iraola, who argued that the decree signed by the Executive Power represents an “overlapping attempt” of privatization. In its resolution, the magistrate stressed that the BNA is an autarkic entity whose creation and eventual modification corresponds exclusively to the Legislative Power, and that the Executive could have exceeded the powers delegated by Congress.
The questioned decree established that the BNA would operate under the regulations of Law 21,526 of financial entities and framed the transformation within the state reorganization process promoted by the Government. Likewise, he enabled the Ministry of Economy to subscribe the share capital of the new company and to dictate the complementary norms for its operation.
The judge considers that the interim precautionary measure was necessary due to the possibility that the transformation of the bank into a company Anonymous derives in the loss of its public character and allows the eventual incorporation of private capital, which could generate “legal, economic and social consequences irreversible. “
In his ruling, Ramos Padilla recalled that the BNA administration itself and the National State had previously requested that the issue be declared abstract, given that privatization had been discarded during the parliamentary debate of the Base Law. However, the recent publication of Decree 116/2025 revive the controversy, which led the plaintiffs to request the intervention of justice.
The judicial decision establishes that the National State and the Nation Bank must refrain from executing any action to apply the decree and gives them a period of five days to present a report detailing the public interest committed in the case.
Source: Ambito
