Best Corporate & Commercial Lawyers in San Justo

About Corporate & Commercial Law in San Justo, Argentina

Corporate and commercial law in San Justo follows national Argentine laws together with provincial and municipal rules that apply in the Partido de La Matanza. San Justo is part of the Province of Buenos Aires, so company incorporations, certain registrations and local permits are processed under provincial and municipal authorities. Core legal frameworks include the Argentine Civil and Commercial Code - Código Civil y Comercial de la Nación - which governs contracts and commerical relationships, and the Ley de Sociedades Comerciales - the general corporate law framework that sets out company types, governance and duties. Many commercial matters also involve tax, labor and administrative regulators at national, provincial and municipal levels.

Why You May Need a Lawyer

Business and commercial activities involve legal risks and formalities. You should consider engaging a lawyer in the following common situations:

- Company formation and structuring - choosing the right corporate form for liability protection, taxation and governance.

- Drafting or reviewing bylaws, shareholder agreements, partner agreements and operating rules.

- Preparing, negotiating and enforcing commercial contracts - sales, distribution, supply, lease and service agreements.

- Mergers, acquisitions, share transfers and corporate reorganizations.

- Regulatory compliance - licensing, permits, sector-specific rules and registration with provincial or national authorities.

- Employment and labor issues - hiring, termination, collective bargaining and disputes under the Ley de Contrato de Trabajo.

- Tax planning and disputes - registration with AFIP, provincial tax matters with ARBA and defense in audits or assessments.

- Intellectual property protection - trademarks, patents and trade secrets, including registration procedures with INPI.

- Insolvency, restructuring and creditor negotiations.

- Commercial litigation, arbitration and out-of-court dispute resolution.

Local Laws Overview

The legal environment for corporate and commercial matters in San Justo is shaped by three tiers - national, provincial and municipal - and by specialized regulators. Key aspects to know include:

- Corporate forms - The main company types used by businesses in Argentina are Sociedad Anonima (S.A.), Sociedad de Responsabilidad Limitada (S.R.L.) and Sociedad por Acciones Simplificada (S.A.S.) for many small and medium enterprises and startups. Each form has different capital, governance and reporting requirements.

- Company law - The Ley de Sociedades Comerciales (and its later reforms and amendments) governs formation, governance, director duties, shareholder rights and dissolution procedures. The Código Civil y Comercial de la Nación frames contractual relationships and general commercial obligations.

- Registration - Companies headquartered in the Province of Buenos Aires register with the provincial public registry - Registro Público de Comercio / Dirección Provincial de Personas Jurídicas - while companies in the City of Buenos Aires use the Inspección General de Justicia (IGJ). The registry is where bylaws, incorporations and changes in company records are filed.

- Taxation - National taxes and employer obligations are handled by AFIP - Administración Federal de Ingresos Públicos. Provincial taxes and rates are handled by ARBA - Agencia de Recaudación de la Provincia de Buenos Aires. Municipal rates, commercial licenses and local plant permissions are administered by the Municipalidad de La Matanza.

- Employment and labor - Employment relationships are regulated by the Ley de Contrato de Trabajo and by collective bargaining agreements applicable to particular industries. Labor courts and administrative labor authorities enforce employee rights and employer obligations.

- Consumer and competition - Consumer protection rules and unfair competition laws apply to commercial practices. National and provincial regulators enforce advertising, warranties and competition standards.

- Sectoral regulation - Certain activities such as financial services, health, food production, construction and transport require specific permits and oversight from sectoral authorities.

- Foreign investment and currency - Cross-border investment, repatriation of profits and foreign currency transactions are affected by national exchange controls and registration requirements with AFIP and the Central Bank of the Argentine Republic - BCRA.

Frequently Asked Questions

How do I choose the right business structure for a company in San Justo?

Choosing between S.A., S.R.L. and S.A.S. depends on factors such as the number of partners, desired liability protection, capital contribution, governance complexity, investor needs and tax considerations. An S.R.L. often suits small businesses with a limited number of partners. An S.A. is common for larger companies and those seeking external investors. A S.A.S. may be attractive for startups because of simplified incorporation and flexible rules. A lawyer together with a contador público can assess your business plan and recommend the best form.

What are the basic steps to incorporate a company in San Justo?

Typical steps include: deciding the company type; preparing articles of incorporation and bylaws; obtaining initial approvals from the company registry of the Province of Buenos Aires; registering tax identification with AFIP to obtain a CUIT; registering with the provincial tax authority ARBA and the municipal authority for licenses and rates; and opening a corporate bank account. A legal advisor usually prepares and files the required documentation and coordinates with accountants.

How long does registration and incorporation take?

Times vary by company type and workload at the registry. A S.A.S. can often be incorporated faster due to simplified procedures. For S.A. and S.R.L. the process may take several days to weeks, depending on whether additional approvals or notarized acts are required and on the completeness of documentation. Delays may occur for tax registrations or municipal permits.

Do I need a local address or presence in San Justo to register a company?

Yes. Companies in Argentina must provide a legal domicile in the jurisdiction where they register. For a business headquartered in San Justo, the municipal address is necessary for registration, tax notifications and municipal licenses. Foreign companies wishing to operate in Argentina may need a local representative or register a branch in the province.

What taxes should my company expect to pay?

Businesses face different taxes at national, provincial and municipal levels. Common taxes include income tax (Impuesto a las Ganancias), value-added tax - IVA, social security contributions for employees, provincial gross receipts tax (Ingresos Brutos) administered by ARBA, and municipal fees and license taxes. Tax liabilities depend on activity, turnover and company structure. A tax advisor should be consulted early to ensure compliance and optimize tax planning.

How do I hire employees in San Justo and what legal obligations apply?

Hiring requires compliance with labor law, registration of employees with AFIP, payment of social security contributions, adherence to relevant collective bargaining agreements and proper employment contracts. Employers must respect minimum wage, working time, paid leave and termination procedures. Labor regulations are strictly enforced, and labor disputes commonly involve compensation claims, so legal and accounting support is recommended.

When should I use arbitration instead of litigation for a commercial dispute?

Arbitration can be faster and more private than court litigation and is often used in commercial contracts, especially where parties prefer specialized arbitrators and enforceability internationally. Consider arbitration when parties agree in advance, when confidentiality is important, or when technical or industry-specific matters are involved. A lawyer can draft enforceable arbitration clauses that specify rules, seat and procedures.

What documents protect my business relationships the most?

Key documents include clear and complete commercial contracts, non-disclosure agreements for sensitive information, well-drafted shareholder or partner agreements spelling out decision-making and exit rules, supplier and distribution agreements that set terms and liability limits, and employment contracts that clarify duties and IP ownership. Proper documentation limits disputes and clarifies expectations.

How can I protect my trademarks and inventions locally?

Use the National Institute of Industrial Property - INPI - to register trademarks and patents. Registration gives stronger legal protection and enforcement tools in Argentina. Also consider contractual protection such as confidentiality clauses and employment agreements that assign IP created by employees to the company. Local counsel can help prepare filings and manage potential oppositions.

What happens if my company faces insolvency or inability to pay creditors?

Argentine law provides for reorganizations and insolvency proceedings aimed at business rescue or orderly liquidation. Early legal advice is critical to evaluate restructuring options, negotiate with creditors and comply with formal insolvency procedures. Delayed action can limit options and increase creditor claims.

Additional Resources

Below are types of authorities and organizations that can assist or provide information for corporate and commercial matters in San Justo:

- AFIP - Administración Federal de Ingresos Públicos - for national tax registration and obligations.

- ARBA - Agencia de Recaudación de la Provincia de Buenos Aires - for provincial tax issues, including Ingresos Brutos.

- Registro Público de Comercio / Dirección Provincial de Personas Jurídicas de la Provincia de Buenos Aires - for company registration and filings.

- Municipalidad de La Matanza - for municipal permits, commercial licenses and local zoning or activity regulations in San Justo.

- Banco Central de la República Argentina - BCRA - for foreign exchange, foreign investment and banking regulations.

- INPI - Instituto Nacional de la Propiedad Industrial - for trademark and patent registrations.

- National and provincial consumer protection agencies and labor courts - for sector-specific compliance and dispute resolution.

- Local Colegio de Abogados - Bar associations in La Matanza and the surrounding judicial district - for referrals to qualified corporate and commercial lawyers.

- Local chambers of commerce and industry - for practical business guidance, networking and informational resources.

- Certified public accountants - contador público - who work alongside lawyers on tax planning, payroll and accounting matters.

Next Steps

If you need legal assistance with corporate or commercial matters in San Justo, here are practical next steps:

- Gather basic information - prepare a concise summary of your business activity, desired corporate structure, key contracts and any pending disputes or regulatory interactions.

- Arrange an initial consultation - contact a corporate or commercial lawyer experienced in Buenos Aires Province matters. Ask about experience with company formations, tax coordination and municipal procedures in La Matanza.

- Coordinate with an accountant - tax and bookkeeping matters are tightly linked to legal structuring. A joint meeting with a lawyer and contador público saves time and reduces errors.

- Clarify fees and scope - before engaging counsel, agree on the scope of work, estimated fees and communication methods. For discrete tasks such as incorporations or contract drafting, ask for a written engagement letter.

- Prioritize compliance tasks - obtain necessary CUIT from AFIP, register with provincial and municipal authorities and secure any sectoral permits before starting operations.

- Keep organized records - maintain corporate books, minutes, contracts and filings in a centralized and accessible way to ensure ongoing compliance and to facilitate audits or future transactions.

- If facing a dispute or urgent regulatory action - seek immediate legal advice to preserve rights, meet filing deadlines and explore negotiation or alternative dispute resolution options.

Working with local professionals who know the municipal, provincial and national landscape will help you navigate formalities and reduce legal and commercial risk. Start with a short consultation to map out a clear plan tailored to your situation.