Choosing your Argentine entity

Entity choice is not cosmetic. It determines how much cash must be locked in on day one, who bears liability, how shareholders enter and exit, and how well the structure will withstand scrutiny from a bank, a regulator or the immigration authority. Speed and filing cost — the two things most comparisons lead with — are the least relevant criteria in a serious investment.

Figures current at 22 July 2026. The SAS minimum is indexed to the statutory minimum wage: from 1 August 2026 it becomes ARS 753,200. Always verify the figure on the day of filing.

One or more shareholders, individuals or entities; capital divided into shares; management by one or more administrators. It is the default choice for straightforward operating subsidiaries and for founders who want share-class flexibility without a board.

• Minimum capital: two statutory minimum wages — ARS 744,800 today, ARS 753,200 from 1 August 2026.
• Payment in: 25% of cash contributions on incorporation; contributions in kind, in full.
• Domicile: at least one administrator must have actual domicile in Argentina.
• Best for: services and technology businesses, one or few shareholders, simple operating subsidiaries, early-stage commercial projects.

Model or bespoke bye-laws

Model bye-laws save time and money but will not protect a meaningful investment. Where there are several shareholders, unequal contributions, pre-emption rights, exit clauses, vesting, transfer restrictions, multiple voting or dispute-resolution mechanisms, use bespoke bye-laws and, in most cases, a complementary shareholders' agreement.

Between two and fifty quotaholders; capital represented by quotas; management by one or more managers. The traditional structure for companies with a settled group of partners.

• Minimum capital: none by law — but capital must bear a reasonable relationship to the corporate object, the projected investment and operating capacity. Nominal capital creates friction with banks, suppliers, regulators and any investment-based residency application.
• Quota transfers: require an instrument and registration. The articles may provide for pre-emption, approvals, special majorities, valuation mechanics and rights of first refusal.
• Best for: family businesses, closely held companies, small joint ventures, trading, manufacturing, import and distribution — any project where a stable shareholder base matters more than free transferability.
• Cannot have a single member. For a sole owner, use an SAS or an SAU.

The most formal of the alternatives: capital divided into shares, management by a board of directors. Preferred for institutional investment, regulated projects, companies expecting new shareholders, and activities requiring stronger corporate governance.

• Minimum capital: ARS 30,000,000 (Section 186 of the Companies Act, per Decree 209/2024). It applies to companies incorporated under it; already-registered companies are not required to top up.
• Cash on incorporation: 25% of cash capital — a minimum of ARS 7,500,000. In an SAU, capital must be paid in in full. In practice this single figure is what decides between an SA and the alternatives.
• Director guarantee: each acting director must post a guarantee, with statutory minimum and maximum amounts. A real, recurring cost — and one routinely omitted from published comparisons.
• Board domicile: an absolute majority of directors must have actual domicile in Argentina (Section 256). The remainder may live abroad, and all must elect a special domicile in the country.
• Best for: industrial, mining, energy and large real estate investments; subsidiaries of international groups; institutional shareholders or future rounds; regulated activities; projects needing a formal board, share classes and sophisticated governance.

The IGJ offers expedited incorporation of SAs and SRLs, with a five-business-day official registry period where the filing is complete and unobserved. That period excludes preparation of documents, powers of attorney, apostilles, translations, tax identification and banking.

Large mining, energy, infrastructure, forestry, technology and oil & gas projects may qualify for the RIGI large-investment incentive regime (Law 27,742), which grants tax, customs and foreign-exchange stability in exchange for high minimum investment thresholds and compliance with a committed plan.

For projects shared between several companies, the associative contracts of the Civil and Commercial Code — UTE (temporary business union), collaboration groupings and cooperation consortia — allow parties to cooperate without creating a new legal entity. They are standard in mining, energy and public works, and are frequently the correct answer when a client asks «what company should we set up».

Registries are local. A company files with the IGJ if its seat is in the City of Buenos Aires, or with the legal-entities authority of the relevant province.

Jurisdiction has real consequences for cost, timing, observation practice, proof-of-seat requirements and the availability of entity types. For projects with assets in San Juan, Mendoza, Neuquén, Salta or Catamarca, coordination with the provincial registry and local counsel is usually decisive — and the registered seat should not be chosen for administrative convenience, but for where the asset, the operation and any future litigation will be.

Updated 22 July 2026. The SAS minimum capital is indexed to the statutory minimum wage and changes with it; verify the figure on the day of filing. This page is general information, not personalized legal advice. Corporate, tax, foreign-exchange and immigration rules change, and every file is decided on its own merits. We recommend a consultation before incorporating or preparing documents abroad.