How to Open a Business in Argentina

Opening a business in Argentina represents a strategic opportunity for foreign investors looking to expand their operations in Latin America. The country offers a legal framework that guarantees equal treatment with nationals, diverse corporate structures adapted to different investment levels, and immigration mechanisms designed to attract capital.

Content

Register an incorporated company | Present the investment plan | Visas and permits | Bank account opening

Available corporate forms: how to register a company

Sociedad por Acciones Simplificada (SAS)

1. Define the company name and check its availability with the General Inspectorate of Justice (IGJ). It is mandatory to include the designation "SAS" or "Sociedad por Acciones Simplificadas" in the name.
2. Draft a bylaw (which can be a public or private document with a digital signature), or you can use the model of the incorporation instrument approved by the public registries to facilitate the process.
3. Make the initial capital contribution (at least equivalent to two minimum living wages). The initial share capital may be raised within a period of no more than two years from the signing of the incorporation instrument.
4. Process the incorporation online through the Remote Procedures (TAD) platform.
5. Obtain registration with the IGJ (Spanish Institute of Jurisdiction) or the Registry corresponding to the location where the SAS will operate.
6. Once the company is registered with the corresponding Registry, it must apply for a CUIT (Tax Identification Number) from the ARCA and register the company for taxes and social security contributions. Proof of address is not required when starting the process, as there is a 12-month deadline from the date of incorporation. The CUIT is received within 24 hours of starting the process.
7. Open a bank account in the company's name. To do this, banks usually require the SAS's incorporation document and proof of CUIT.

Sociedad de Responsabilidad Limitada (SRL)

1. Select a name and corporate purpose, verifying availability in the IGJ. The inclusion of the designation "SRL" or "Sociedad de Responsabilidad Limitada" (Limited Liability Company) in the name is mandatory.
2. Draft a social contract in the presence of a notary public.
3. Contribute at least 25% of the share capital at the time of incorporation.
4. Submit the documentation to the IGJ for registration.
5. Obtain the CUIT in ARCA and register the company.
6. Enable corporate books signed by IGJ.
7. Open a bank account in the name of the company.
   
   

   Sociedad Anónima (SA)

• Define the company name and initial capital (minimum set by current regulations). The inclusion of the designation "SA" or "Sociedad Anónima" in the name is mandatory.
• Draft the articles of association and execute a public deed before a notary.
• Subscribe and deposit the capital in an authorized bank.
• Submit documentation to the IGJ for registration.
• Appoint the board of directors and authorities.
• Apply for a CUIT (Tax Identification Number) at ARCA and complete tax registrations.
• Sign corporate and accounting books.
• Open a corporate bank account.

Sucursal de Sociedad Extranjera

1. Register the foreign company with the IGJ (submitting current bylaws, minutes, and certifications from your country of origin, apostilled and translated).
2. Appoint a legal representative in Argentina with sufficient powers.
3. Establish legal domicile in the country.
4. Obtain CUIT in ARCA to operate.
5. Register the branch in the tax and labor registries.
6. Open a bank account in the name of the branch.

Important: All procedures require having a legal representative in Argentina and meeting immigration requirements if the investor wishes to reside in the country. Registration and requirements may vary depending on the jurisdiction (national or provincial).

Register a company incorporated abroad

A foreign company wishing to operate in Argentina can do so by registering with the IGJ (General Companies Act), as provided for in Article 123 of the General Companies Law No. 19,550. This procedure enables the company to participate in local corporations and establish branches or representative offices.

Requirements for the procedure

• A certificate proving the validity of the company, issued by the original registration authority, legalized, dated no more than six months from the date of its submission.
• Articles of incorporation, bylaws, and any amendments thereto, in a notarized and legalized copy, in the jurisdiction of origin.
• The resolution of the parent company justifying the decision to participate in a local company, designating the legal representative in charge of the same, the headquarters in our jurisdiction or authorizing the representative to do so, setting the closing date of the fiscal year and a postal and electronic address of the parent company for communications regarding the performance or resignation of the representatives, closing date of the fiscal year, that it is not subject to any liquidation process or that implies any restriction on its activity, granting the powers provided for in Art. 245, second paragraph, or restrictions thereon if it has them, with the signature of the grantors in original, notarized as well as their legal status in origin, legalized.
• The identification of the members as of the date of the registration resolution, pursuant to Article 206, paragraph 4, and 213-Res. 7/15.
• Prove that your economically significant business activity is located outside Argentina in accordance with Arts. 206 inc.4 b), 209, 210, and 212-Res.7/15.
• If the document is in the national language, it must be submitted with simple and certified copies (8 cm wide margin photocopies). If the document is in a foreign language, it must be submitted with a translation prepared by a National Public Translator registered in Buenos Aires City, with their signature legalized by the College of their registration, along with simple and certified copies.
• The documentation provided for points 3, 4, and 5 may be submitted in one or more documents under the conditions provided for in Article 277.
• A document from the designated legal representative, with his or her notarized signature, in which he or she accepts the position, provides his or her personal information, establishes the address if authorized to do so, and establishes his or her special address within the jurisdiction of the City of Buenos Aires.

Present the investment plan

It must be signed by the legal representative of the company or by the representative designated in the Argentine Republic - and must indicate the list of the company or companies in which it is intended to participate or incorporate in the Argentine Republic, detailing the company's address, its name - in the case of an already incorporated company -, the effective activity it carries out abroad and the effective activity of the company or companies developed that it plans to participate in, incorporate or participate in, the identification of the remaining partners, and the number of shares it plans to acquire.

Visas and permits for investors

Foreign investors planning to establish a business in Argentina should consider the immigration requirements that allow them to legally reside in the country while managing their investments. Argentina offers specific categories for commercial and investment activities:

1. Temporary residency: A detailed project must be submitted with the economic, financial, and legal viability of the investment, which must be evaluated by the National Directorate of Immigration (DNM) and the Ministry of Industry and Tourism. A minimum investment of 1,500,000 Argentine pesos with proven origin is required.
2. Temporary business entry: Foreigners who are engaged in the regular conduct of business or commercial or economic transactions on their own account, risk or capital or with a stake in companies or legal entities that carry out that activity or on their behalf, and who are required for such purposes by a natural or legal person registered with the National Single Registry of Applicants (Re.N.U.R.E.).

How to open a corporate bank account

In Argentina, opening a corporate bank account is an essential requirement for a company to formally operate in Argentina. This process allows you to make payments to suppliers, collect payments from customers, record transactions with ARCA, and comply with financial control regulations.

1. Obtain the company's CUIT (Tax Identification Number): Obtain the Unique Tax Identification Code (CUIT) from ARCA. This number is essential for opening any corporate bank account.
2. Appoint a legal representative: Every foreign or local company must have a legal representative domiciled in Argentina. This representative will be authorized to sign with the bank.
3. Gather corporate and legal documentation: This is generally required

• Registered bylaws or articles of incorporation.

• Certificate of appointment of authorities or legal representative.

• Identity documents of partners/representatives.

• Proof of CUIT (Tax Identification Number).

• Proof of tax domicile.

• For foreign companies: apostilled bylaws, translated, and validated in Argentina.

4. Apply to the bank of your choice: Each financial institution has its own checklist, but all follow the rules of the Central Bank of the Argentine Republic (BCRA).
5. Validation of the source of funds: The bank will request documentation proving the source of the capital (balance sheets, international transfers, accounting documentation). This is a key requirement under anti-money laundering regulations.
6. Account opening and activation: Once the documentation is approved, the bank activates the corporate account in pesos and, if applicable, in dollars or another authorized currency. From that moment on, the company can formally operate in the Argentine financial system.

How we can assist you in your expansion

Starting a business in Argentina involves processes that include choosing the appropriate legal structure, complying with tax requirements, immigration procedures, and opening corporate bank accounts. At H&CO, together with our local partner Corpag Argentina, we offer comprehensive support to foreign investors looking to establish themselves in the country.

From company formation and registration to banking and obtaining investor visas, we combine international experience and local knowledge to ensure a solid and secure entry into the Argentine market.