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Kier Joffe Attorneys at Law
Buenos Aires, Argentina
Consultation Free · 15 minutes

Founded in 1940
10 people in their team
Spanish
English
Italian
Portuguese
Hebrew (modern)
Notary Services Affidavits & Statutory Declarations Apostille & Embassy Legalization +5 more
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Do you need a lawyer to make a sworn statement in Argentina?

Argentina commonly uses the term declaración jurada for a statement made under oath or on the declarant’s responsibility. There is no single nationwide form for every purpose. The receiving authority’s rules, the statement’s subject and the place where it will be used determine the required wording and formalities.

A lawyer can draft or review a statement when its legal effect is significant, its facts are disputed, or it will be submitted abroad. A lawyer does not, simply by being a lawyer, authenticate a signature. For signature certification or a notarial instrument, the relevant professional is generally an escribano público, whose regulation varies by jurisdiction.

Some declarations can be signed directly before the receiving authority, while others require a notary or another official. Signature certification confirms matters such as the signer’s identity or signature; it does not ordinarily prove that every statement in the document is true.

When legal advice can prevent problems

  • A foreign authority has supplied a form. A lawyer can check whether the wording fits Argentine law and whether the authority requires an Argentine notary, an apostille, or a sworn translation.
  • A declaration could affect a court case. Statements about evidence, residence, income, family circumstances or events may carry legal consequences. Counsel can help distinguish personal knowledge from assumptions and avoid unintended admissions.
  • A business or public filing requires a declaration. A company representative may need to confirm information about ownership, authority or compliance. Legal review can help establish who may sign and what supporting records are needed.
  • A statement concerns a lost document, insurance claim or disputed transaction. A lawyer can check the facts against available records and ensure the declaration does not conflict with a police report, contract or earlier submission.
  • The document will be used in another country. The destination may require a particular form of notarization, legalization, apostille or translation. Requirements differ between authorities and countries.
  • The facts are sensitive or uncertain. Advice is useful where a declaration could expose the signer to civil, administrative or criminal consequences, or where the signer is acting for someone else.

Argentine laws and formalities to check

The rules depend on the purpose of the declaration and the jurisdiction involved. National civil law governs public instruments, while notarial practice is regulated through local rules and professional systems.

  • National Civil and Commercial Code, approved by Law 26,994. It addresses public instruments, including notarial instruments, and their evidentiary effects. The Code took effect on 1 August 2015.
  • Argentine Criminal Code, Law 11,179. Its rules may apply to false statements in particular settings. For example, Article 275 concerns false testimony and reports in specified proceedings; it should not be treated as making every inaccurate private declaration a crime.
  • Organic Notarial Law of the City of Buenos Aires, Law 404. This is an example of local regulation governing notarial practice in CABA. It does not set the rules for every Argentine province or the City of Buenos Aires jurisdiction.

Before signing, confirm the receiving body’s instructions and the rules of the place where the document will be executed. Local notarial requirements and fees can differ across Argentina.

Frequently asked questions

Is an Argentine declaración jurada the same as an affidavit?

It can serve a similar practical purpose, but the terms do not make the procedures identical. Argentina’s civil-law system does not have one universal affidavit procedure for all uses. The receiving authority determines the form and level of authentication it accepts.

Do I need a lawyer to make a sworn statement?

Usually, a lawyer is not required simply to make a declaration. Legal advice is worthwhile when the statement may affect a case, business filing, immigration matter or claim. The receiving authority may separately require a notary or another official.

Should I see a lawyer or an escribano público?

A lawyer advises on the wording, legal risks and consequences of the statement. An escribano público may certify a signature or prepare a notarial instrument, subject to local rules. Some matters require both services, while others require neither.

Must I sign the declaration before a notary?

Not always. Some authorities accept a declaration signed before them, while others require a notarial act or signature certification. Check the recipient’s written instructions before signing, because notarization may not meet every additional requirement.

Can I use a form downloaded from the internet?

A template may omit wording or formalities required by the authority receiving the document. It may also contain statements that do not fit your circumstances. Use the recipient’s own form where available, and seek legal review if the consequences are significant.

Can a declaration signed in Argentina be used abroad?

That depends on the destination country and the institution receiving it. They may require notarization and an apostille, or another form of legalization. An apostille authenticates the origin of a public document, such as a signature or official seal; it does not verify the truth of the declaration.

Will I need a sworn translation?

A foreign authority may require the document in its official language, and an Argentine authority may require a translation into Spanish. Where a certified translation is required in Argentina, a public translator may need to translate the document and follow local professional formalities. Confirm the exact requirements with the receiving body.

How much does it cost?

There is no single national price for preparing, certifying or translating a declaration. The total can depend on the lawyer’s work, notarial fees, the jurisdiction, translation, legalization and any required copies. Ask for an itemized estimate before authorizing the work.

How long does the process take?

A straightforward declaration may be prepared and signed within a few business days if the facts and documents are ready. Notarial appointments, translations, apostilles or corrections can add time. Ask the receiving authority about its deadline and allow extra time for each required step.

Who is eligible to sign?

The person making the declaration must generally be able to understand and assume responsibility for its contents. If someone signs as a representative, the recipient may require proof of authority. Special rules may apply to minors or people who need legal support.

What can happen if a declaration is false?

Consequences depend on the statement, its purpose and where it is submitted. A false declaration can lead to rejection, loss of a benefit, civil or administrative consequences, or criminal exposure under an applicable law. Do not sign wording that is inaccurate or that you cannot verify.

Can I correct a declaration after signing it?

Do not alter a signed or certified document without checking the recipient’s procedure. The authority may require a corrected declaration, a replacement document or a formal explanation. Keep a copy of the original and ask the recipient how to record the correction.

Official resources

  • InfoLEG, Argentina’s official legal information service: consult national legislation, including the Civil and Commercial Code and Criminal Code.
  • Ministry of Foreign Affairs, International Trade and Worship: check current information on apostilles and legalization for documents intended for use abroad.
  • Notarial college for the relevant jurisdiction: the Colegio de Escribanos de la Ciudad de Buenos Aires serves CABA; consult the corresponding provincial college for notarial requirements and professional information elsewhere.

How to find and hire the right lawyer

  1. Identify the receiving authority and purpose. Obtain its current form, deadline and written requirements. This should take a day or two when the instructions are readily available.
  2. Gather the relevant records. Collect identification, source documents, prior declarations and any correspondence. Keep originals available, but do not hand them over without confirming why they are needed.
  3. Search for a lawyer admitted in the relevant jurisdiction. Look for experience with the document’s purpose, such as court filings, business matters or documents for foreign use. Check professional registration through the appropriate bar association.
  4. Ask how the lawyer and notary roles will be handled. Confirm whether the lawyer will draft or review the text and whether an escribano público, translator or apostille is also required.
  5. Request a written scope and fee estimate. Ask what is included, what additional charges may arise, and whether the estimate covers revisions, certification, translation or legalization.
  6. Have the final wording checked before signing. Verify names, dates, supporting facts and the recipient’s formal requirements. Allow several business days for review and more time if translation or legalization is needed.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.

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