Designing your company and getting it started
Castro Sammartino & Pierini can advise on and assist you with laying the foundation of your company, helping you with:
- Deciding if the company is going to have one or more partners, which is the best corporate type for the venture (corporation, limited liability company, simplified corporation, one or more companies for each of the business units), what its corporate purpose will be, and what share capital would be required according to its business plan;
- Devising customized by-laws or organizational agreements, regulating, among other issues, the corporate governance and controls, and the restriction to transfer shares and quotas;
- Executing the articles of incorporation, registering the company with the Public Registry, and filing for the additional government authorizations required for regulated activities;
- In the case of foreign businesspersons or companies, registering with the Public Registry the branch or the foreign(s) company(s) to set up the local subsidiary business entity;
- Implementing the corporate ruling governing in detail the board or management body´s operation;
- Drafting shareholders or partnerships´ agreements to prevent conflicts. ;
- Planning the succession for family businesses drafting the family protocol governing the relationships among the family, the company and the ownership;
- Applying for trademarks, patents and other industrial and intellectual property rights;
- Entering into ancillary agreements to set up the business (e.g. leasing facilities, construction contracts, employment agreements, commercialization contracts – agency, concession, distribution, franchising;
- Granting the power of attorneys needed for running the business;
- Getting the specific licenses to run the business for regulated activities.
Castro Sammartino & Pierini with your company, to be better, always.
From our Legal Blog
COVID-19 has disrupted business all over the world and Argentina is not the exception, although perhaps more informed and prepared because the outbreak of the virus is reaching our country later than in Asia or Europe. Yet, the business impact is significant and has a wide range of legal projections, some of which we will briefly go through in this post.
Registration and good standing of foreign companies in Argentina: significative business activity and decision-making center outside the country
To register as foreign companies or keep their good standing, among other requirements, foreign companies in Argentina must show evidence that they carry out or keep a significant business activity and their decision-making center outside the country.
By way of its General Resolution No. 2/2020 (hereinafter, the Resolution), published on the Official Gazette on 21 February 2020 and effective as of the same date, the General Inspectorate of Justice (Inspección General de Justicia. Hereinafter the IGJ) reinstated tighter controls on foreign companies in Argentina and additional obligations for their legal representatives.