Form of the company agreement: public or private instrument (LGS art. 4)

Section 4 of the General Companies Law permits a company to be incorporated or amended by public or private instrument.

What article 4

Section 4 establishes the form of the instrument of incorporation and its amendments: it may be executed by public or private instrument.

Source: Law 19,550, art. 4 - InfoLEG (updated official text)

Commentary

As a general rule the Law permits a private instrument (with signatures certified for registration), without prejudice to cases in which a particular company form or contribution requires a public deed (for example, a contribution of real estate). Corporations are commonly incorporated by public instrument, while an SRL may be incorporated by private instrument with certified signatures.