Best Structured Finance Lawyers in Salta

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Estudio Jurídico BAR is a law firm based in Argentina that concentrates on mass debt collections, enterprise and financial services. The firm builds its esteemed reputation on the prestige and track record of the professionals who comprise the team, delivering focused, results oriented legal...
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1. About Structured Finance Law in Salta, Argentina

Structured finance in Salta is built on a national framework that governs how assets are packaged, financed, and securitized. While provincial courts handle local enforcement and contract matters, the substantive rules come from federal laws and regulator rules. Practitioners help ensure that complex vehicles like fideicomisos (fiduciary structures) and asset backed securities comply with applicable rules.

In Argentina, the most relevant federal framework includes capital markets regulation and fiduciary structures used to isolate risk. Local lawyers in Salta routinely coordinate with national regulators when structuring deals that involve investors from outside Salta or cross-border financing. The advisor is responsible for aligning contract design, disclosure, and governance with both the law and the expectations of investors.

CNV notes that securitization and structured financing have become essential tools for capital markets in Argentina, requiring rigorous disclosure and fiduciary governance.
Source: Comisión Nacional de Valores - cnv.gob.ar

Because Salta has a strong agricultural sector and local mid-market lenders, many deals involve agribusiness receivables, equipment financing, or real estate backed structures. A Salta based abogado will tailor the structure to local asset pools while remaining compliant with the federal regime. The practical effect is that a well drafted SPV and a compliant trust agreement improve access to funding for local businesses.

2. Why You May Need a Lawyer

  • You plan a securitization of Salta agribusiness receivables using a fideicomiso financiero. A lawyer helps select the right SPV form, draft the trust deed, and ensure mandatory disclosures to investors and regulators.

  • You want to issue asset backed securities to local and international investors. An abogado will navigate CNV rules for offers, prospectus content, ongoing reporting, and cross-border tax considerations.

  • You need to create a Salta based special purpose vehicle to isolate risk. A lawyer will coordinate with fiduciarias, draft governance agreements, and clarify asset transfer mechanics and enforcement priorities.

  • You are negotiating a loan securitization with a regional bank. A legal counsel helps include covenants, triggers, and default remedies that align with Argentine law and provincial enforceability standards.

  • You face potential disputes over asset transfer, servicer performance, or investor rights in a structured finance program. A lawyer can draft dispute resolution provisions and represent you in local courts if needed.

  • You need to understand tax and regulatory implications for securitized structures. An abogadо can coordinate with AFIP and local tax advisors to optimize the structure and filings.

3. Local Laws Overview

Argentina operates under a national regime for structured finance, but Salta residents primarily interact with federal law and regulation as well as provincial civil procedures for enforcement. The following laws and regulations are central to most Salta structured finance projects:

Ley de Mercado de Capitales, Ley 26.831 (2012)

This law provides the foundational framework for the issuance of securities and activities in the capital markets, including securitization and asset backed arrangements. It establishes the responsibilities of issuers, intermediaries, and investors, and it is enforced by the CNV. The regime has evolved with ongoing regulatory updates since enactment.

Key practical effect in Salta: issuers and servicers must comply with disclosure, governance, and reporting standards when marketing securitized products to local and foreign investors. The law is federal, so Salta aligns with its provisions just like other provinces.

Código Civil y Comercial de la Nación, Ley 26994 (2015)

The Civil and Commercial Code modernizes contracts, fiduciary arrangements and corporate acts used in structured finance. It entered into force in 2015 and applies across all provinces, including Salta. It also shapes how fideicomisos and corporate governance are structured in financing transactions.

Practically, this code governs the enforceability of SPV contracts, the transfer of assets into trust structures, and the rights and obligations of trustees and beneficiaries in Salta.

Ley de Fiducia Mercantil, Ley 24.441 (1995)

The Fiducia Mercantil regime regulates fiduciary arrangements used in structured finance, including the creation and operation of fideicomisos. It supports the separation of assets from the originator and provides a framework for administration by fiduciary entities in Argentina.

In Salta, this law underpins typical structures such as fideicomisos financieros used to securitize receivables or project finance assets, ensuring asset isolation and defined distributions to investors.

Additional context for Salta: the provincial environment often involves land, agribusiness, and small to mid-sized enterprises seeking capital; local counsel coordinates with regulators to align provincial enforcement practices with federal rules. Ongoing regulatory developments at the CNV and BCRA influence how disclosure, rating, and risk retention are implemented in practice.

CNV notes that securitization activity has grown in recent years, with a broader range of asset classes being securitized and stricter disclosure practices to protect investors.
Source: Comisión Nacional de Valores - cnv.gob.ar

4. Frequently Asked Questions

What is structured finance in Salta and why does it matter?

Structured finance packages assets into securities or notes to diversify risk and access capital. In Salta, this often involves local assets like agribusiness receivables or real estate. A proper structure improves liquidity and investor confidence.

How do I start a securitization in Salta with a local abogada?

Begin with asset identification, select an SPV or fideicomiso financiero, consult a lawyer to draft the trust and governing documents, and obtain CNV pre-approval or guidance if required. Plain language disclosures are essential.

What is a fideicomiso and how is it used in structured finance?

A fideicomiso is a fiduciary arrangement where assets are placed under a trustee's control for beneficiaries. In securitization, it isolates assets and streamlines distributions to investors.

Do I need a lawyer to issue asset backed securities in Salta?

Yes. A lawyer ensures compliance with Ley 26.831, the Civil and Commercial Code, and fiduciary rules. They also coordinate with regulators and tax authorities for a smooth process.

How long does it take to set up a SPV in Salta?

Experience shows a typical timeline of 6 to 14 weeks from initial structuring to documentation completion, depending on asset type and regulator review.

Can a Salta SPV be used to attract foreign investors?

Yes. Structured finance structures often attract both local and international investors, but you must address regulatory disclosures, currency rules, and tax considerations for non-residents.

Should I hire a local Salta abogado or a national firm?

Local expertise is valuable for provincial enforcement and asset specifics, while national firms provide broader regulatory coverage and cross-border experience. A hybrid approach can work well.

Do I need CNV registration for my securitization?

Many securitization programs require CNV interaction, disclosure, and compliance obligations. Your abogado will determine if registration or filings are necessary for your deal.

How much does it cost to hire a structured finance abogado in Salta?

Costs vary by complexity, asset class, and the size of the deal. Typical engagements include a fixed retainer plus hourly rates or success-based components for transactional work.

What is the role of the fiduciary in a securitization?

The fiduciary administers the trust, holds assets, enforces covenants, distributes proceeds to investors, and ensures compliance with governing documents and regulations.

What is the timeline for a securitization from start to finish?

From initial due diligence to closing, plan for 2 to 6 months for straightforward securitizations, longer for complex or cross-border deals with regulatory hurdles.

Is a trust structure required for agribusiness receivables in Salta?

A trust or fideicomiso is common for isolating receivables and enabling asset backed financing, but structure choice depends on asset type, investor needs, and regulatory guidance.

5. Additional Resources

  • Comisión Nacional de Valores (CNV) - Federal regulator of the securities market; provides rules, guidance, and forms for issuers and investors. https://www.cnv.gob.ar
  • Banco Central de la República Argentina (BCRA) - Regulates financial institutions and prudential aspects of finance including securitization activities in Argentina. https://www.bcra.gob.ar
  • Administración Federal de Ingresos Públicos (AFIP) - Federal tax authority with guidance on tax treatment of securitizations and fiduciary structures. https://www.afip.gob.ar
  • Poder Judicial de la Provincia de Salta - Provincial court system. Useful for enforcement and local procedural matters in structured finance disputes. https://www.justiciasalta.gob.ar

6. Next Steps

  1. Define the asset pool and financing objective. Confirm if agribusiness receivables, real estate, or equipment financing will back the securities.

  2. Engage a Salta based abogado with experience in fideicomisos, SPVs, and CNV interactions. Seek a preliminary consult to outline the structure and timeline.

  3. Prepare a high level term sheet and identify potential SPV or fiduciary counterparties in Argentina. Obtain initial regulatory expectations from CNV and BCRA if applicable.

  4. Draft core documents: trust deed or fiduciary agreement, governing bylaws, and a basic prospectus or information memorandum for investors.

  5. Submit required regulatory filings and disclosures, and set up governance and reporting cadence for ongoing compliance.

  6. Coordinate with tax advisors to align with AFIP guidance on securitizations and cross-border investments, if relevant.

  7. Close the deal and implement ongoing investor communications, with regular updates and annual audits as required by CNV rules.

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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.