Best New Business Formation Lawyers in San Martin

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Abogadas San Martin
San Martin, Argentina

English
Abogadas San Martin is a Buenos Aires based law firm that provides specialized legal representation across civil, family and commercial matters. The practice is grounded in integrity, professional excellence, and a strong commitment to justice, with a goal of becoming the trusted partner clients...
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1. About New Business Formation Law in San Martin, Argentina

San Martin, located in the Buenos Aires Province, adheres to Argentina's national framework for starting new businesses. The core laws cover how companies are formed, governed, and registered across the country, with provincial registries handling some local filings. The Civil and Commercial Code of the Nation and the Ley de Sociedades Comerciales shape the basic structure for most entities used in San Martin, such as SRL and SA. Official resources provide the current texts and updates for these regimes: InfoLEG and Inspección General de Justicia.

The Civil and Commercial Code of the Nation consolidates civil and commercial law in Argentina and guides corporate formation, governance, and dissolution across jurisdictions.

Source: InfoLEG and official government publications.

In practical terms, forming a new business in San Martin typically involves selecting a legal structure, drafting bylaws or creation documents, registering with the appropriate registry, and obtaining tax identifiers. After registration, you must complete tax registrations with the federal authorities and, if needed, with provincial and municipal bodies. The process is a mix of federal rules and provincial registry requirements that vary by entity type and location.

Because local practice can differ by jurisdiction within the Buenos Aires Province, consulting a qualified attorney in San Martin is prudent to ensure compliance with both national and provincial rules. For up-to-date guidance, rely on official sources such as InfoLEG and IGJ.

2. Why You May Need a Lawyer

Starting a business in San Martin requires careful legal planning to prevent later disputes and avoid delays. A lawyer can translate complex laws into actionable steps tailored to your situation. This section highlights concrete scenarios where legal counsel is essential.

  • Choosing the correct entity type for specific business goals - A local attorney can compare SRL, SA, or cooperative forms and explain tax, governance, and fundraising consequences before you invest.
  • Drafting and aligning corporate bylaws with national standards - Your attorney ensures bylaws address transfer of shares, quorum, and director duties under the Civil and Commercial Code.
  • Completing registration with the appropriate registry - San Martin requires filings with provincial registries in many cases; a lawyer coordinates documents, apostilles, and translations if needed.
  • Obtaining a CUIT and complying with AFIP obligations - A legal advisor helps secure tax IDs and establish payroll, social security, and reporting regimes from AFIP.
  • Negotiating shareholder agreements and capital structures - An attorney drafts equity arrangements and prevents conflicts as the company grows or ownership changes hands.
  • Navigating local permits and municipal licensing - Some activities require municipal licenses or zoning approvals in San Martin; a lawyer can streamline these applications.

3. Local Laws Overview

This section identifies key laws that govern new business formation in Argentina and their relevance to San Martin. It also notes typical effective dates and how these statutes are implemented at the provincial or local level.

  • Código Civil y Comercial de la Nación (Civil and Commercial Code of Argentina) - Modernizes civil and commercial rules, including corporate formation, governance, and liability. Effective since 2015, with ongoing updates through official reforms. For texts and updates, see InfoLEG.
  • Ley de Sociedades Comerciales (Law on Commercial Companies) - Ley 19.550 - Establishes the main corporate forms such as SRL and SA, including share structure, governance, and dissolution. Its framework remains in force with amendments and related regulations published by the IGJ. See InfoLEG for official texts.
  • Ley de Emprendedores (Entrepreneurship Law) - Law 27.264 - Aims to promote micro, small and medium enterprises and reduce red tape for startup activities, with simplified procedures for incorporation in many cases. Texts and updates are available through official portals; see InfoLEG for the official statute.

In San Martin, provincial and municipal rules may add requirements such as local fiscal registrations or permits. Always verify with the local registry and AFIP to ensure you meet all national and local obligations. For authoritative texts, consult InfoLEG and IGJ.

4. Frequently Asked Questions

What is the first step to form a new business in San Martin?

The first step is selecting the entity type and drafting the founding documents. Then initiate registry filings and obtain a CUIT from AFIP to start tax obligations.

How do I know which entity type fits my plan best?

Consider ownership structure, capital needs, and liability. An attorney can compare SRL, SA and other forms under the CCyCN and Law 19.550 to find the best fit.

When should I register with AFIP and the provincial registry?

Register with AFIP as soon as you have a defined business and before operation. Provincial registry filings follow once you have signed formation documents and official notices ready.

Where can I find the official texts for these laws?

Official texts are available on InfoLEG and IGJ websites. These sources provide the current provisions, amendments, and procedural rules.

Why might I need a local San Martin attorney specifically?

Local attorneys understand municipal requirements, local registry procedures, and common delays. They tailor filings to reduce risk of rejection or delays.

Can I form a company entirely online in Argentina?

Some forms and steps can be completed electronically, but most registries require physical documents and notarization. An attorney helps coordinate online filings with required originals.

Should I prepare a shareholder agreement before registration?

Yes. A shareholder agreement clarifies equity, transfer rights, and dispute resolution. It helps prevent later conflicts among founders or investors.

Do I need a local address or office in San Martin to form a company?

Many entities require a local address for registration and notices. A lawyer can advise on acceptable options and compliance rules for the registry.

Is there a minimum capital requirement for SRL or SA formations?

Terminology and amounts have evolved under the CCyCN and Ley 19.550; your attorney checks current rules and ensures capitalization meets legal thresholds and bank requirements.

How long does the incorporation process typically take in San Martin?

Completion usually spans 2 to 6 weeks, depending on document completeness and registry workload. Delays can occur if there are missing apostilles or translations.

What costs should I expect when forming a new business?

Costs include notary fees, registry fees, and legalize documents, plus start-up taxes and potential municipal licenses. An attorney provides a detailed, itemized estimate.

Do I need to publish a founding act or corporate notices?

Some entity types require publication or notices in official registries. Your lawyer ensures all publication requirements are satisfied to avoid valid objections.

5. Additional Resources

Access to official guidance can reduce risk and confusion during formation. The following resources provide authoritative, government-backed information.

  • - Federal tax authority responsible for CUIT registration, tax compliance, and employer obligations. Website: afip.gob.ar
  • - Regulates the formation and registration of certain corporate entities and oversees corporate governance standards. Website: argentina.gob.ar/justicia/igj
  • - Portal for official texts of national laws including CCyCN and Leyes related to business formation. Website: infoleg.gob.ar

6. Next Steps

  1. Clarify your business model and choose the entity type you will form. This will determine filing requirements and taxes. Timeline: 1 week.
  2. Consult a San Martin lawyer specialized in corporate law to review your documents and plan the formation steps. Schedule an initial consult within 2 weeks.
  3. Prepare founding documents, bylaws and shareholder agreements with your attorney. Ensure alignment with CCyCN and Law 19.550 requirements. Timeline: 1-2 weeks.
  4. Register with the appropriate registry (national or provincial) and obtain a CUIT from AFIP. Coordinate filings through your lawyer for efficiency. Timeline: 2-6 weeks.
  5. Complete any municipal licensing or permits required for your activity in San Martin. Your attorney can identify local requirements and help with applications. Timeline: 2-4 weeks.
  6. Establish banking and accounting systems compliant with Argentine standards. Your lawyer can propose compliant structures and ongoing reporting needs. Timeline: 1-3 weeks.
  7. Review ongoing compliance needs, including annual filings, tax reporting, and changes in ownership or governance. Schedule annual reviews with your attorney.

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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.