Foreign company forming or joining a local company (art. 123 LGS)
A foreign company wishing to form or participate in a local company must prove its existence and register its constitutive instrument, amendments and representatives with the competent registry.
What article 123
Article 123 sets the requirements for a foreign company to form or participate in a company in Argentina.
To form a company in the Republic, foreign companies must first prove before the registration judge that they were incorporated in accordance with the laws of their respective countries and register their constitutive instrument, amendments and other enabling documentation, as well as documents concerning their legal representatives, in the Public Registry of Commerce and, where applicable, the National Registry of Companies by Shares.
Source: Law 19,550, art. 123 — InfoLEG (updated official text)
Commentary
This is the standard route for foreign investment entering Argentina as a shareholder or member of a local company, as opposed to Article 118, which governs direct operations. Registration must precede participation in the local company.
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