Can spouses own a company together? (LGS art. 27)

Under its current wording, section 27 of the General Companies Law allows spouses to participate together in companies of any form, including Section IV companies. The 2015 reform removed the former restriction that allowed spouses to associate only in share companies and limited-liability companies.

What article 27

Section 27 expressly permits a company between spouses in any statutory form.

Source: Law 19,550, art. 27 - InfoLEG (updated official text)

Commentary

Before 2015, spouses could be members together only in share companies or SRLs, in order to avoid mixing the matrimonial property regime with unlimited liability. That restriction has disappeared: they may now participate in any company form, including those involving broader liability and Section IV companies.

The change aligns with the Civil and Commercial Code, which permits different matrimonial property regimes. Even so, when structuring a company between spouses it is advisable to take the chosen property regime into account and plan for succession and a possible dissolution of the marital relationship.

Distinctions often confused

Practical impact

Companies between spouses are common in family businesses. The structure should be coordinated with the matrimonial property regime and should anticipate divorce or death.

Frequently asked questions