Best New Business Formation Lawyers in Salta

About New Business Formation Law in Salta, Argentina

New business formation in Salta operates under federal civil and commercial law, complemented by provincial regulations. The common forms are Sociedad Anonima (SA), Sociedad de Responsabilidad Limitada (SRL) and the more recent Sociedad por Acciones Simplificadas (SAS). In practice, formation typically requires a public deed before a public notary and registration in the appropriate registry, followed by tax registrations. Local registries and the national tax authority coordinate to ensure compliance with both provincial and federal rules. Consult a local attorney early to confirm the exact steps for your chosen form.

Key laws shape how companies are formed and governed in Argentina. The national Civil and Commercial Code provides broad rules for corporate entities, while the longstanding Ley de Sociedades Comerciales governs the traditional forms. In recent years, the SAS regime has become popular for its streamlined setup. For residents of Salta, provincial authorities may add filing requirements or permits at the municipal level.

The formation of a company generally requires a public deed before a public escribano and registration in the relevant registry.

Source: InfoLEG

Why You May Need a Lawyer

• You are forming a SRL with local partners in Salta and need a precise operating agreement and the estatutos to fix profit distribution, voting rights, and transfer restrictions.

• You plan to bring in a foreign investor and require assistance with due diligence, foreign ownership limitations, and currency controls applicable to Salta and national law.

• You want to switch from a SRL or SA to a SAS to simplify governance and capital structure, and need counsel on the correct steps and filings in Salta.

• You need a franchise or licensing agreement drafted to comply with provincial and federal requirements, including local permits and employment law considerations.

• You anticipate complex shareholder agreements or buy-sell provisions and require enforceable, well-drafted covenants to avoid disputes in Salta.

• You plan multi-jurisdictional operations and require coordination between AFIP, Rentas (provincial tax), and municipal authorities for seamless compliance.

Local Laws Overview

1. Ley de Sociedades Comerciales, Ley 19.550 - This statute governs traditional corporations such as SRL and SA, including formation formalities, governance, and dissolution. It remains the backbone for many Argentine business entities, with reformas y reglamentaciones posteriores. In Salta, the provincial registry administers the local elements of these rules. See official sources for the latest text and amendments.

   Source: InfoLEG

2. Código Civil y Comercial de la Nación, Ley 26.406 - Governs contracts, corporate governance, and civil obligations for entities including new formations. It modernized many aspects of corporate law and remains applicable nationwide, including Salta. El código entró en vigencia en 2015 and has been subject to ongoing interpretation and reforms. Consult the national code text for specifics.

   Source: InfoLEG

3. Ley de Sociedades por Acciones Simplificadas, Ley 27.349 - Introduced to streamline the creation of small businesses and startups, enabling faster registration and more flexible governance. The SAS framework has been in effect since the mid-2010s and has seen further refinements to align with provincial practices, including Salta. Check current regulatory texts for any recent changes or regional adaptations.

   Source: InfoLEG

Frequently Asked Questions

What is the difference between SRL and SAS in Salta?

SRLs are traditional limited liability structures with formal limitations on share transfer. SAS offers a simpler, faster formation with flexible governance. A lawyer can help you choose based on ownership, liability, and tax considerations.

How do I start a company in Salta?

You typically draft the founding documents with a solicitor, execute a public deed before a escribano, and register with the provincial registry and AFIP for tax purposes. A local attorney can coordinate these steps and avoid delays.

Do I need a notary for formation?

Yes, a public deed executed before a escribano is usually required for many corporate forms. The deed formalizes the estatuto social and incorporation plan before registration.

How much does it cost to form a new company in Salta?

Costs include notary fees, registry filings, and initial legal services. Typical ranges vary by form and complexity; a lawyer can provide a fixed quote after assessing your structure and documents.

How long does registration take in Salta?

Processing times vary by form and registry, but a straightforward SAS or SRL can take several weeks from drafting to final inscription. A local attorney can give a more precise timeline based on current workloads.

Do I need provincial tax registration in Salta?

Yes, after registering the company, you will typically register for provincial taxes and obtain a tax identification number. An attorney can coordinate AFIP and Rentas registrations to avoid compliance gaps.

What documents are usually required to form a company?

Common documents include identifications for all partners, proof of address, a proposed estatuto social, and funds verification for capital contributions. A lawyer can prepare a document package tailored to your form.

Can foreigners form a company in Salta?

Foreign nationals can form Argentine companies, but they may face extra requirements such as identification, visa considerations, and tax registrations. A local solicitor can navigate these steps.

Should I hire a lawyer to draft the estatutos?

Yes. A lawyer ensures the estatutos align with national law and Salta's registry requirements, reducing the risk of invalid filings or later disputes.

Can I form a company online in Salta?

Some filings may be initiated online, but most forms require in-person steps with a notary and provincial registry. A local attorney can confirm what can be completed remotely.

Is there a difference between national and provincial registration?

National rules cover tax registrations and inter-provincial operations, while provincial rules govern local registration and permits. A local attorney coordinates both layers to ensure compliance.

Additional Resources

• InfoLEG - Official repository of Argentine laws including Ley 19.550, CNC, and SAS. Function: provides text and updates of national statutes. https://www.infoleg.gob.ar
• AFIP - Federal tax authority. Function: handles tax identification (CUIT), VAT, social security, and employer obligations for new businesses. https://www.afip.gob.ar
• Gobierno de la Provincia de Salta - Provincial portal with information on local registries, permits, and business-related procedures. Function: directs provincial compliance steps for residents of Salta. https://www.salta.gob.ar

Next Steps

1. Clarify your business form and structure with a Salta-based lawyer. Identify whether SRL, SA or SAS best fits your ownership and risk profile. (1-2 weeks)
2. Gather essential documents for all founders, including IDs, proof of address, and initial capital details. Prepare a draft estatuto social. (1-2 weeks)
3. Consult a local solicitor to draft and review the founding deeds, corporate governance provisions, and transfer restrictions. Request a written engagement letter and a fee estimate. (1 week)
4. File the public deed with the escribano and submit the registration documents to the provincial registry and AFIP for tax purposes. (2-4 weeks after drafting)
5. Complete provincial and municipal permits or licenses required for your activity; verify any sector-specific authorizations. (2-6 weeks, may overlap with filings)
6. Confirm ongoing compliance plan with your lawyer, including annual filings, books, and potential changes in governance. (Ongoing)