Best Structured Finance Lawyers in San Justo

About Structured Finance Law in San Justo, Argentina

Structured finance covers legal arrangements that transform cash flows or assets into tradable financial instruments. In San Justo - part of La Matanza in Buenos Aires province - most structured finance transactions follow national Argentine law while also being affected by provincial and municipal rules. Common structures include securitizations based on fideicomisos financieros - trust-based vehicles that hold receivables or other assets and issue securities to investors - as well as project finance, asset-backed lending, and bespoke credit enhancement arrangements.

Because structured finance transactions often involve multiple parties - originators, trustees, servicers, investors, rating agencies and regulators - the legal work focuses on documentation, regulatory compliance, tax treatment, perfection and enforcement of security interests, and contracts that allocate risk and cash flows. Even if your project is based in San Justo, the controlling rules are often federal - for example trust law and securities rules - while taxes, registration and procedural steps may require local filings.

Why You May Need a Lawyer

Structured finance transactions are legally complex and can involve significant sums of money. You may need a lawyer if you are:

- Planning to securitize a portfolio of loans, leases, receivables or other assets and need to design the legal vehicle and documentation.

- Acting as an originator, trustee, servicer, investor or arranger and require role-specific contracts and operational procedures.

- Preparing an offering - public or private - and need to comply with the rules of the Comisión Nacional de Valores and other regulators.

- Structuring cross-border funding or investments and need advice on exchange controls, tax implications and conflict of laws.

- Seeking to register or perfect security interests, or to design collateral packages to be effective under Argentine law.

- Facing disputes, enforcement actions or insolvency related to the underlying assets or the special purpose vehicle.

- Evaluating tax exposure - including income tax, VAT, stamp taxes and withholding obligations - and planning for efficient tax treatment.

Local Laws Overview

The legal framework for structured finance in San Justo combines national legislation, regulatory rules and local tax and registration requirements. Key legal points to consider include:

- Trust law - Ley de Fideicomiso No. 24.441: Trusts are a common vehicle for securitization. The law defines trustee duties, the fiduciary nature of the trust and the separation of trust assets from the estate of the settlor.

- Capital markets law - Ley de Mercado de Capitales No. 26.831 and applicable CNV regulations: These govern the issuance, offering and trading of securities. The Comisión Nacional de Valores regulates public offerings, prospectuses, disclosure and market conduct. Certain securitization structures require CNV registration or approval depending on the offer and investor profile.

- Central bank rules - Banco Central de la República Argentina (BCRA): The BCRA issues regulations on foreign exchange, repatriation of funds and certain funding transactions. Cross-border funding and payments may be subject to foreign exchange restrictions, reporting and authorizations.

- Taxation - Administración Federal de Ingresos Públicos (AFIP) and provincial tax authorities: Structured finance transactions may trigger corporate income tax, VAT, withholding taxes and stamp taxes. Stamp tax rates vary by province - for transactions documented in Buenos Aires province there may be local stamp duties or municipal charges that affect net yields.

- Civil and commercial code - Código Civil y Comercial de la Nación: Governs general contract law, obligations and property rights that underpin many transaction documents.

- Insolvency and enforcement - Ley de Concursos y Quiebras and enforcement rules: The treatment of trust assets, priority of creditors and enforcement routes in insolvency scenarios can materially affect risk allocation.

- Public registries and notarial requirements: Certain documents must be filed or registered with the local Registro Público de Comercio or require notarization. Procedures and fees can vary at the provincial level.

Because legislation and regulatory practice evolve, local practitioners routinely monitor CNV resolutions, BCRA communications and AFIP rulings that affect structured finance. Provincial and municipal procedural steps - for example, obtaining certified copies, complying with stamp tax formalities and local registrations in La Matanza - are handled locally.

Frequently Asked Questions

What exactly is securitization and how is it done in Argentina?

Securitization is the process of pooling assets that generate cash flows - for example loans, receivables, leases or royalties - and transferring them to a special purpose vehicle, typically a fideicomiso financiero. The trustee issues securities backed by those assets to investors. The process involves legal transfer of assets, trustee appointment, preparation of flow of funds waterfalls, investor documentation, servicing agreements and regulatory filings if the offering is public. National trust and securities laws set the legal framework, while tax and registration treatment must be analyzed for each transaction.

What is a fideicomiso financiero and why is it used?

A fideicomiso financiero is a trust used in financial transactions where the settlor transfers assets to a trustee for the benefit of beneficiaries or security holders. It isolates the assets from the settlors estate, enables the issuance of securities backed by those assets and provides contractual flexibility. It is commonly used for securitizations because it is recognized under Argentine law and regulators have established practice for its use in capital markets.

Do I need CNV approval to issue securities in a securitization?

It depends on the nature of the offering. Public offerings or offers to a broad public usually require registration or approval by the Comisión Nacional de Valores and compliance with disclosure rules and prospectus requirements. Private placements to qualified investors may follow different, often lighter, regulatory routes but still require careful structuring to remain within the permitted exemptions. A local lawyer will review the target investor base and transaction mechanics to determine applicable CNV requirements.

How are structured finance transactions taxed in Argentina?

Tax treatment depends on transaction type and parties involved. Possible taxes include corporate income tax on profits, VAT on certain services, withholding taxes on interest or dividends paid to nonresidents, and provincial stamp taxes on executed documents. Tax rulings and exemptions may be available for some structures but require detailed planning. Local tax authorities and AFIP practice are relevant, and you should obtain tax advice tailored to your facts.

Are there exchange control issues for foreign investors or cross-border payments?

Yes. The BCRA has rules that affect the purchase and sale of foreign currency, repatriation of funds and registration of certain cross-border financial transactions. Measures can change depending on macroeconomic conditions. Transactions that involve nonresident investors, foreign currency payments or cross-border guarantees should be analyzed for BCRA and AFIP implications in advance.

What local filings or registrations should I expect in San Justo or Buenos Aires province?

Expect to interact with the Registro Público de Comercio for corporate and trust filings, provincial authorities for stamp tax compliance, and possibly municipal offices for local fees or certifications. Documents often require notarization and certified copies for registration. Procedures and timing vary by office, so local counsel or a notary public in La Matanza is helpful to avoid delays.

How long does a typical securitization take?

Timelines vary with complexity - from several weeks for a small, private transaction to several months for a larger public offering that requires regulatory review, rating agency work and investor roadshows. Key scheduling factors include asset diligence, negotiation of documentation, regulatory filings, tax clearances and local registration steps.

What documents will lawyers prepare or review for a structured finance deal?

Typical documents include the trust agreement or trust deed, issuance terms or prospectus, transfer and servicing agreements, purchase agreements for the assets, investor subscription documents, security and collateral documents, intercreditor agreements, opinions on enforceability and tax memoranda. Local counsel will also assist with filings and registrations.

What are the main risks for investors and how are they addressed?

Main risks include credit risk of underlying assets, operational risk from imperfect servicing, legal risk from defective asset transfers or unenforceable security, liquidity risk and regulatory or tax risk. Risk allocation tools include credit enhancement, reserve accounts, overcollateralization, clear contractual remedies, trustee duties and strong due diligence. Legal opinions and representations are used to mitigate legal risk.

How do I find a qualified lawyer in San Justo or nearby Buenos Aires?

Look for lawyers or firms with experience in capital markets, securitization or banking law. Check professional qualifications, past transactions, client references and familiarity with CNV, BCRA and AFIP practice. Local bar associations or provincial Colegio de Abogados can help identify practitioners active in La Matanza and the Buenos Aires province. Request a clear engagement letter that sets out scope, fees and timelines.

Additional Resources

To learn more or to contact relevant public bodies and professional organizations, consider consulting:

- Comisión Nacional de Valores - for regulations and filing requirements related to securities and public offerings.

- Banco Central de la República Argentina - for foreign exchange rules and monetary regulations that affect cross-border payments.

- Administración Federal de Ingresos Públicos - for tax rules, withholding obligations and formal tax procedures.

- Registro Público de Comercio of Buenos Aires province - for registrations and filings affecting trust and corporate documents.

- Local provincial authorities - for information about stamp tax and other provincial charges applicable in La Matanza and San Justo.

- Bolsa de Comercio de Buenos Aires and market associations - for market practice, guidelines and participants involved in securitizations and capital markets.

- Local Colegio de Abogados - to verify lawyer credentials and obtain referrals to attorneys experienced in structured finance in the La Matanza district.

- University law and finance departments or continuing legal education providers - for background and training materials on structured finance concepts under Argentine law.

Next Steps

If you need legal assistance with a structured finance matter in San Justo, follow these practical steps:

- Gather the basic information - nature and volume of the assets you plan to use, identities of parties, proposed investor profile, timing and funding sources.

- Arrange an initial consultation with a lawyer experienced in structured finance and capital markets. Ask for examples of past securitizations or similar transactions and request a written fee estimate and timeline.

- Ask the lawyer to conduct a legal and tax due diligence checklist - this will identify title and enforceability issues, tax exposures and regulatory hurdles early.

- Define the transaction scope and agree an engagement letter that sets out responsibilities, deliverables, fees and confidentiality.

- Work with the lawyer to prepare documentation, obtain required approvals or filings and to coordinate with notaries, registries and tax advisers for local formalities.

- Maintain clear communication with your legal team throughout the transaction - structured finance deals involve many moving parts and timely coordination reduces costs and execution risk.

Please note - this guide is informational and does not replace personalized legal advice. For a transaction-specific analysis, consult a licensed attorney who can review documents, local registries and current regulatory conditions affecting your structured finance project.