New PRC requirement: companies must report its beneficiary owner

Newsletter

The Public Registry of Commerce of the city of Buenos Aires- Inspección General de Justicia (IGJ)- published General Resolution 09/2015 in the Official Gazette of the Argentine Republic, in which, among other measures, IGJ demands local, foreign, binational companies, association contracts and trusts to inform their final beneficiary owner. This must be submitted once per calendar year, starting November 2, current to December 31, 2016, exceptionally determined, in order to regularize the required periodicity since the following year.

Final beneficiary is defined as the individual who has at least 20% of the capital stock or the voting rights of a legal entity or by any other means exercises the final, direct or indirect control over a legal entity.

This must be reported by filing an affidavit, signed by the legal representative of the entity, or the beneficiary itself, whose signature must be certified by Public Notary and, if signed abroad, it must be legalized or with the apostille of the Ministry of Foreign Relations.

The affidavit must be submitted with the PRC in the first opportunity in which the filing for registration of any corporate act is requested, being sufficient proof to mention its compliance in subsequent procedures that are performed within the same calendar year.

It could also be filed when the annual informative regime is submitted in the case of foreign companies.

In the case of trust agreements, the final beneficiary /ie s owner/s of the trustor, and the trustee should be individualized , and of the beneficiary/ies and the final trust beneficiary, if determined.

In the event of association contracts, the final beneficiary / ies owner/s of the entities who enter into such contracts should be individualized.

If you have any questions or comments regarding the foregoing, do not hesitate to contact us by calling at (54.11) 4326.7386 or via e-mail addressed to pubs@berettagodoy.com.
Beretta Godoy shall not be liable for any acts or omissions carried out in relation to or as a consequence of the information contained in this web page and, under no circumstances, shall it be liable for any loss or damage arising out of the use of said information. We recommend readers to seek specific advice on each particular case. The descriptions, referencesor links to other publications or web sites contained in this site do not imply Beretta Godoy’s endorsement or approval of said publications. The information contained in this site may be modified at any time.


© 2016 —Beretta Godoy —Todos los derechos reservados
Av. del Libertador 6250, Piso 8º, Buenos Aires, C1428ARS, Argentina. T. +5411 3220 7166 —info@berettagodoy.com