Argentina

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DOING BUSINESS

 


Local business incentives - Legal forms of companies - Registration and licensing procedures - Legal framework - Foreign exchange control - Regulations concerning equity investment - FDI inflows - Expertise of the political risk

Local business incentives

The industrial promotion programme is implemented by the Decree n2054/92, which came into effect on February 1st 1992. The Investment Sub-secretariat, division of the the Secretariat of Trade and Investments, determines sectors and areas to promote and the kind of advantages foreign investors can claim. The mechanism of investment's aid has been revised.
In Principle, the aid is not under the shape of tax exemptions or cuts, but under the shape of tax credit titles, covering the project's theoretical fiscal cost, calculated acording to the development level of the fostered activity area.
Both the Fundacion Invertir Argentina and the ADI (Agencia de Desarrollo de Inversiones) are in charge of promoting international investments in Argentina. They offer an on-line investment guide and should be contacted for further information about investment opportunities.

 

Legal forms of companies

Form Number of partners/shareholders Minimum and/or maximum capital Liability Registration fee Release of financial documents
Empresa Unipersonales is a sole proprietorship. 1 person No minimum capital The entrepreneur is liable for debts of the company on his personal belongings. No
La Sociedad Anonima (SA) is a Public Limited Company. Minimum 2 shareholders. Minimum ARP 12,000.
At least 25% of the capital must be paid when the company is set up and the remainder within 2 years.
Liability is limited to the amount contributed. ARP 1,000 to 2,000 excluding tax stamp (1% of subscribed capital) plus other professional expenses. Yes, if capital is superior to ARD 2.1 million.
La Sociedad de Responsabilidad Limitada (SRL) a Private Limited Company. Minimum 2 partners. Maximum 50 partners. No minimum capital.
At least 25% of the capital must be paid when the company is set up and the remainder within 2 years.
Liability is limited to the amount contributed. ARP 1,000 To 2,000 excluding tax stamp (1% of subscribed capital) plus other professional expenses. Yes, if capital is superior to ARD 2.1 million.
La Sociedad en Commandita por acciones ( SCA) is a partnership limited by shares. Two types of partners: the active partners and the sleeping partners. No minimum capital. Liability of active partners is unlimited
Liability of sleeping partners is limited to the amount contributed.
Lower expenses as compared to a Public Limited Company No
La Sociedad en Commandita simple (SCS) is a limited partnership. Two types of partners: active partners and sleeping partners. No minimum capital. Liability of active partners is unlimited
Liability of sleeping partners is limited to the amount contributed.
Lower expenses as compared to a Public Limited Company No

Registration and licensing procedures
Status must be drawn up in Spanish, in a deed authenticated by a notary. The incorporating documents must be published in the Official Bulletin and with the Trade Register (Inspeccion General de Justicia) where the company is located. Branches and divisions of foreign companies must also be registered. Finally, a specific registration must be made with the Tax Office (branches included).

Legal framework
The law controlling foreign investments is the Law on Foreign Investments n°21.832 of 1976, modified several times, especially through the LAw on economic crisis, dated 25 Septembre 1989, and by the decree 1853/93

Foreign exchange control
The Conversion Law dated April 1st,1991 and the Deregulation Decree of November of 1991 suppressed currency exchange controls. Consequently, free conversion of currencies is carried out as well as the right to transfer profits and capital, with no limitation of time and with no declaration procedure.

Regulations concerning equity investment
All sectors of the economy are open to foreign investors, who have the same opportunities as national investors.
The investment regime is liberal. Foreign investment is not subject to any authorization or declaration, whatever the amount or the activity involved and even in the case of a majority partial take-over of a local company.  


Foreign Direct Investment inflows in Argentina

FDI inflows 2003 2004 2005 World rank (*)
2005
FDI inflows (USD million) 1 652 4 274 4 662 83/141
Source : UNCTAD - World Investment Report
Note : (*) World Rank = UNCTAD Inward FDI Performance Index. It is a measure of the extend to which a host country receives inward FDI relative to its economic size. It is calculated as a ratio of the country's share in global FDI inflows to its share in global GDP.

 

Last modified in 2006 - ongoing update
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