Regulation of the PRC regarding the registration of trust agreement

Newsletter

According to the new National Civil and Commercial Code (CCCN) ( Law No. 26,994 and Law No. 27,077) which in Article 1669 requires the registration of trusts, the Public Registry of Commerce (PRC) has issued resolution 6/2016 that modifies General Resolutions 7 and 9, 2015. This way the registration of trust contracts and amendments (including any changes of the parties) whose objects include shares and / or shares of companies registered at the Agency have been regulated, except those that are under the control of the National Securities Commission.

This resolution made changes to certain articles of Title V, Book III of the PRC Rules related to the Trust Agreements especially considering the declarative and informational purposes that the registration of such contracts in that organization produce.

For this purpose and with the intention of having the right information for consultations, the PRC Standards and the requirements for the parties have been adapted by the aforementioned Resolution with the purpose of concentrating the intervention of the Agency regarding the information about shareholders of the companies and / or partners of entities without shareholders.

The objectives sought by the Resolution are:

– Greater efficiency in the registration of such contracts,
– Simplification of procedures and information records,
– Broad Access to the information about those contracts,
– Compliance with national and international regulations regarding the fight against money laundering and terrorist financing.

Thus, the Public Registry of Commerce aims to grant greater security in commercial traffic and protection of third parties in its capacity as Public Registry and control body.

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.
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