Setting up a Business in Argentina

Overview by Globlatrade.net:

Legal Forms of Companies

Types of Companies and Capital (Max/Min) Number of Partners/Shareholders and Liability Registration Fees
The Empresa Unipersonales is an individual businessman alone.
 
 
No minimum capital
1 person
 
 
The businessman is liable for the company's debts on his personal property.
N/C
The Sociedad Anonima (SA) is a public limited company .
 
 
12 000 ARP minimum.
At least 25% of the capital must be paid up at the creation of the company, the balance within 2 years.
Minimum 2 shareholders
 
 
Their liability is limited to the amount of capital contributed.
1,000 to 2,000 ARP before fiscal stamp (1% of subscribed capital) and other professional expenses.
The Sociedad de Responsabilidad Limitada (SRL) is a limited liability company .
 
 
No minimum capital.
At least 25% of the capital must be paid up at the creation of the company, the balance within 2 years
Minimum 2 partners. Maximum 50 partners.
 
 
Their liability is limited to the amount of capital contributed.
1,000 to 2,000 ARP before fiscal stamp (1% of subscribed capital) and other professional expenses.
The Sociedad en commandita por acciones (SCA) is a limited joint-stock partnership .
 
 
No minimum capital.
There are two types of partners, active partners and silent partners.
 
 
The liability of the active partners is unlimited.
The liability of the silent partners is limited to the amount of capital contributed.
Costs less than those of a SA
The Sociedad en commandita simple (SCS) is a limited partnership.
 
 
No minimum capital.
There are two types of partners, active partners and silent partners
 
 
The liability of the active partners is unlimited.
The liability of the silent partners is limited to the amount of capital contributed.
Costs less than those of a SA.
 
 

Business Setup Procedures

Administrative Formalities
The Articles of Association must be written in Spanish, in the form of a notarial deed. The incorporation of the company must be published in the Official Gazette and registered at the Inspeccion General de Justicia (in Spanish) (Register of Commerce) where the headquarters of the company is situated. Branch offices and offices of foreign companies must also be registered. Finally, a specific registration must be carried out with the Tax Services (including for branch offices).
The Competent Organization
Inspeccion General de Justicia (General Inspection of Justice) (in Spanish)
Time Necessary for Registration
2 weeks with the help of a specialized lawyer.
Several months if the formalities are carried out directly by the applicant. The formalities are complicated and information available incomplete.
 

Recovery Procedures

Principle
It is possible to present a reorganisation proceeding to the council appointed by the commercial tribunal, made up of 3 professionals who check the feasibility of the plan of action.
Minimum Debt-to-Capital Ratio Triggering Liquidation
As soon as one can no longer pay one's creditors. For more details, consult the Mondaq report " Insolvency And Bankruptcy Rules In Argentina"
Bankruptcy Laws
Consult the I nsolvency Proceedings in Argentina.
Reorganization and Rehabilitation Laws
Law 20758

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