Picture
Picture

Castro Sammartino & Pierini. Attorneys at Law
 Posted: 25 days ago

 Read time: 0 mins 20 secs

Corporate governance in Argentina: corporations. Part 1: management body, appointment and removal directors and operation of the board

This brief deals with corporate governance in Argentina with a focus on the management of corporations, governed in general by the General Companies Law Number 19,550 (Ley General de Sociedades or LGS by its Spanish acronym). Continue reading on our Legal Blog

Picture
Picture

Castro Sammartino & Pierini. Attorneys at Law
 Posted: 34 days ago

 Read time: 0 mins 22 secs

Minority shareholder rights in Argentina: the need for prevention and dispute resolutions methods

When partnering to do business, it should always be considered the rights the Argentine General Companies Law Number 19,550 (Ley General de Sociedades Nº 19,550 or LGS for its Spanish acronym) grant to minority shareholders or partners – many of them with no minimum shareholding requirement -, such as … continue reading on our Legal Blog.

Picture
Picture

Castro Sammartino & Pierini. Attorneys at Law
 Posted: 41 days ago

 Read time: 0 mins 42 secs

Entrepreneurs in Argentina: tax benefits for investors

The recently enacted Law
Number 27,349 on Support for Entrepreneurial Activities (Ley de Apoyo al Capital Emprendedor or LACE) is aimed to provide a
legal framework to foster and fund entrepreneurship in Argentina. The LACE has
established special tax benefits for investors, a crowd funding system and the
Simplified Corporation as a new company type.

All in
all, the LACE will enhance the venture capital industry in Argentina, providing
the myriad of high-skill entrepreneurs the country has with their most scarce
resource up to know: funding. Continue reading on our Legal Blog: http://cspabogados.com.ar/en/entrepreneurs-in-argentina/
[1] To know more about this flexible and simple legal vehicle, please, read our article “Simplified Corporations in Argentina: a new and streamlined legal vehicle to do business” on our Legal Blog.

Picture
Picture

Castro Sammartino & Pierini. Attorneys at Law
 Posted: 54 days ago

 Read time: 0 mins 54 secs

Simplified Corporations in Argentina: a new and streamlined legal vehicle to do business

On April 22, 2017, it was published in the National Official Gazette Law Number 27,349 on Support for Entrepreneurial Activities (Ley de Apoyo al Capital Emprendedor or LACE). Outstanding among its different provisions is the introduction of a new company type: the Simplified Corporation, also known as Simplified Joint Stock Company or Simplified Shares Company (Sociedad por Acciones Simplificada or SAS by its Spanish acronym). Under Article Number 33 of the LACE, the SAS will be governed specifically by LACE´s provisions and supplemented by the appropriate dispositions of the General Companies Law Number 19,550 (Ley General de Sociedadesor LGS).

Despite the fact that SASs have been introduced by statute with the aim of supporting entrepreneurship, the new company´s legal use and scope are not restricted to entrepreneurs, and due to its streamlined structure, SASs will surely be adopted by many companies of all sizes. SAS´ distinctive features are: … continue reading on our Legal Blog.

Picture
Picture

Castro Sammartino & Pierini. Attorneys at Law
 Posted: 76 days ago

 Read time: 0 mins 25 secs

Security interests in Argentina and other legal tools to enforce collection of debts. A brief for foreign lenders

1. Security interests

Security interests in Argentina may be structured through different agreements according to the nature of the assets included as collaterals.The Civil and Commercial Code of the Nation (Código Civil y Comercial de la Nación or CCCN) makes a distinction between personal or movable property and real property or real estate (Articles Number 225 and following). Continue reading

Picture
Picture

Castro Sammartino & Pierini. Attorneys at Law
 Posted: 90 days ago

 Read time: 0 mins 31 secs

Distribution Agreements in Argentina: basic regulations no distributor may risk to ignore

Until the new Civil and Commercial Code of the Nation (Código Civil y Comercial de la Nación or CCCN) became in force on August 1, 2015, distribution agreements had not had statutory regulation in Argentina.

The CCCN has set forth that the concession contract´s provisions will also govern the distribution agreement as far as those provisions are relevant to the distribution contract (CCCN, Article Number 1,511, Sub-article b)). Therefore, the following provisions will apply to the distribution agreements in Argentina … continue reading

Picture
Picture

Castro Sammartino & Pierini. Attorneys at Law
 Posted: 115 days ago

 Read time: 0 mins 26 secs

Foreign wills in Argentina

Foreign wills in Argentina have had a new regulation with the enactment of the Civil and Commercial Code of the Nation (Código Civil y Comercial de la Nación or CCCN), effective as of 1 August 2015. The CCCN has introduced significant changes to the Argentine internal Inheritance Law (Articles Number 2,277 through 2,531), as well as to the International Private Law from Argentine sources (Articles Number 2594 through 2671). Continue reading on our Legal Blog

Picture
Picture

Castro Sammartino & Pierini. Attorneys at Law
 Posted: 132 days ago

 Read time: 0 mins 26 secs

Trademarks in Argentina in a nutshell

1) Trademarks in Argentina: legal framework

Trademarks in Argentina are governed by Law Number 22,362, as amended (the Trademark Law or TML). The TML supplements the Civil and Commercial Code of the Nation. Argentina is a party to the Paris Convention and has in force the Trade-Related Aspects of Intellectual Property Rights (TRIPS) provisions of the General Agreement on Trade and Tariffs (GATT).

2) Conditions for registration Under Article 1 of the TML, ... continue reading.

Picture
Picture

Castro Sammartino & Pierini. Attorneys at Law
 Posted: 149 days ago

 Read time: 0 mins 58 secs

Hiring foreign workers in Argentina

Hiring foreign workers in Argentina involves reviewing immigration laws in force. Immigration to Argentina is governed by the Migration Law Number 25,871 (Ley de Migraciones or LM), its Regulatory Decree Number 616/2010, and supplementary dispositions enacted by the National Direction of Migrations (Dirección Nacional de Migraciones or DNM) that is the agency in charge of enforcing migration laws (such as Dispositions Number 1170/2010, 1171/2010 and 1824/2013).

Under Argentine immigration laws, there is no cap or quota as to the number of foreign workers that may be hired. However, to hire foreign workers in Argentina legally, companies must follow proper migration procedures, so as to avoid significant sanctions and liabilities. Under no circumstance can a foreign individual lawfully work in Argentina without a temporary residence granted by the DNM, as it will be explained below.

1) Migration procedures

Foreign individuals entering the country and wishing to work legally in Argentina must first obtain a temporary residence. The procedure differs according to the applicant´s country of origin:

a) Mercosur and associated states´ citizens ... continue reading on our Legal Blog

Picture
Picture

Castro Sammartino & Pierini. Attorneys at Law
 Posted: 153 days ago

 Read time: 0 mins 42 secs

Real estate in Argentina: how to acquire title to or lease urban property to do business in Argentina

To a greater o lesser extent, doing business in a country always encompasses the use of real estate. In this article, we will cover the basics of real property rights and leases over urban facilities in Argentina.

1) Real property rights

Real property rights to do business in Argentina may be acquired mainly through ownership or surface rights. They are governed by the Civil and Commercial Code of the Nation (Código Civil y Comercial de la Nación or CCCN).There is no restriction for foreign individuals or companies to acquire title to real estate in Argentina, except rural lands and border areas.When individuals hold real estate, inheritance law must be addressed ... continue reading.