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Companies Act 19,550 · Article 124 — Company with its seat or principal purpose in the Republic

Company with its seat or principal purpose in the Republic (art. 124 LGS)

A foreign-incorporated company whose seat is in Argentina or whose principal corporate purpose is intended to be carried out there is treated as a local company for formation, amendment and supervision purposes.

Source: Act 19,550

What article 124

Article 124 determines when a foreign-incorporated company is treated as local because its seat or principal corporate purpose is in Argentina.

Official text · Act 19,550, art. 124

A company incorporated abroad that has its seat in the Republic or whose principal corporate purpose is intended to be carried out therein shall be regarded as a local company for purposes of complying with the formalities of incorporation or amendment and supervision of its operation.

Source: Law 19,550, art. 124 — InfoLEG (updated official text)

Commentary

Article 124 is a mandatory rule aimed at formally offshore companies that are in substance Argentine. If the real seat or principal purpose is in Argentina, local formation formalities and Argentine regulatory supervision apply.

The IGJ has actively applied Article 124 to foreign companies lacking genuine activity in their country of origin. Foreign investment structures should therefore assess recharacterization risk in advance.

Distinctions often confused

Article 118 (genuine foreign company) is not the same as Article 124 (foreign company treated as local). Article 118 governs a genuinely foreign company operating in Argentina; Article 124 recharacterizes as local a company incorporated abroad but having its seat or principal purpose in Argentina.

Practical impact

Using a merely formal foreign company to operate in Argentina may result in recharacterization as a local company, with corresponding registration and supervision obligations.

Frequently asked questions

When is a foreign company treated as local?
When it has its seat in Argentina or its principal corporate purpose is intended to be carried out there. It must then comply with local formation and supervision rules.
Is incorporating abroad enough to avoid Argentine company law?
No. If the real seat and principal activity are in Argentina, Article 124 allows the entity to be treated as local.
This page is informational and does not constitute legal advice nor replace professional consultation. It quotes the official text of the rule; for its application to a specific case, consult a licensed professional.

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