Choosing the legal vehicle for doing business in Argentina

The legal vehicle for doing business in Argentina must be carefully evaluated to find the best suited for the particular business needs

 

Foreign companies in Argentina

 

Under Section No. 150 of the Civil and Commercial Code of the Nation (the CCCN), private legal entities incorporated abroad are governed by the General Companies Law No. 19,550 (the GCL).

The GCL establishes that companies incorporated abroad are governed as to their existence and form by the laws of the place of incorporation (Section No. 118).

They may perform isolated acts in Argentina and be in court without registration (GCL, Section No. 118. Isolated acts).

To carry on business in Argentina, foreign companies usually establish a branch, incorporate a domestic company, or acquire shares in an existing local company. In all cases, foreign companies must first register with the Public Registry.

To register in the Public Registry, foreign companies must:

  • prove the existence of the company under the laws of its country (GCL, Section No. 118, Habitual Exercise. 1);
  • establish a domicile in Argentina, complying with the publication and registration required for companies incorporated in Argentina (GCL, Section No. 118, Habitual Exercise. 2);
  • justify the decision to create such representation and designate the person in charge of it (GCL, Section No. 118, Habitual Exercise. 3), and
  • comply with the other rules of the Public Registry about registering foreign companies. 

The organization of the Public Registries is under the jurisdiction of the Autonomous City of Buenos Aires and each of the provinces, so the regulations are not uniform, and different requirements may be imposed for the registration of foreign companies.

Within the jurisdiction of the Autonomous City of Buenos Aires, the Public Registry in charge of the General Inspectorate of Justice has established demanding requirements for the registration of foreign companies.

For more information on the activity of foreign companies in Argentina, please see:

How to register a foreign company in Argentina

Legal vehicles most used by foreign companies to conduct business in Argentina

The most common form or organization used by foreign companies in Argentina are corporations and limited liability companies.

 Foreign companies usually do business in Argentina through the establishment of a branch, the incorporation of a domestic company, or the acquisition of shares in an existing local company.

The most common types of companies used by foreign companies to do business in Argentina are the corporation and the limited liability company.

 

More to consider when Doing Business in Argentina

 

Besides getting the best counsel, doing business abroad requires to understand basic aspects of that particular environment. We are here to help you know the basics for Doing Business in Argentina

 

Foreign investments in Argentina

Foreign investments

Foreigners enjoy the same rights as Argentine citizens for doing business in Argentina. Know more.

Choosing the legal vehicle

The legal vehicle for doing business in Argentina must be carefully evaluated to find the best suited for the particular business needs. Know more.

Leasing premises

Foreign companies usually do business in Argentina by leasing premises. Know more.

Employment laws

Argentina´s employment laws are complex, with many public policy norms employers need to know. Know more.

selling products and services in Argentina

Selling products and services

Distribution and agency contracts. Know more

franchising in Argentina

Franchising

An agreement legally regulated. Know more

protecting IP in Argentina

Protecting IP

Intangibles make a difference. Know more

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