Sections 118, 123 & 124 · updated July 2026

Registering a foreign company in Argentina

Branch or shareholding, what the May 2026 reform actually changed, why an unregistered parent can block its own subsidiary at the registry — and the one section of the Companies Act that quietly turns an offshore structure into a local one.

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For an international group, incorporating a new Argentine company is not the only route. The Companies Act allows you to register the entity you already have — and it contains one rule that can dismantle the whole structure if it is ignored.

⚠ In force since 27 May 2026IGJ General Resolution 4/2026 consolidated the requirements into Section 164 of Annex A of GR 15/2024, unified the common base for Sections 118 and 123, admitted foreign digital documentation and repealed twenty-nine articles of the previous regime. Filing is materially lighter than it was in 2025.
Framework

The four situations

  • Isolated acts. Permitted without registration, including appearing in court. The difficulty is one of degree: repeated, organised or habitual activity is no longer isolated.
  • Section 118, third paragraph — habitual activity. Registration to establish a branch, seat, agency or permanent representation.
  • Section 123 — shareholding. Registration enabling the foreign company to incorporate or hold an interest in an Argentine company. It does not create an Argentine company; it authorises participation in one.
  • Section 124 — the rule nobody explains. A company incorporated abroad whose seat is in Argentina, or whose principal object is to be performed in Argentina, is treated as a local company for the purposes of formation, amendment and supervision. This is the anti-avoidance rule of the system: an offshore structure whose real activity is entirely Argentine will not receive the treatment its owner expects.
Choosing

Section 118 versus Section 123

 Section 118Section 123
PurposeHabitual activity through branch, seat, agency or permanent representationIncorporating or holding an interest in an Argentine company
Who operatesThe foreign company itselfThe local company
Legal personalityNo entity separate from the parentThe local company has its own
ExposureBranch obligations may reach the parent directlyShareholder liability follows the local entity type
AccountingSeparate accounts and financial statements for the Argentine representationAccounts of the Argentine company
Typical useThe parent wants to trade directly in the countryThe parent wants a subsidiary, to acquire shares or to join a local joint venture
The 2026 regime

What you have to file

Base requirements — Section 123

  • Certificate of good standing or registration, issued no more than six months earlier.
  • Constitutive instrument and amendments, or consolidated text.
  • Resolution of the competent corporate body deciding to register and appointing the legal representative in Argentina.
  • Acceptance of office by the representative and election of a special domicile.
  • Sworn statements on politically exposed persons and ultimate beneficial ownership.
  • Apostille or consular legalisation, and translation by a sworn translator registered in Argentina.

Requirements removed for Section 123 registrants include the declaration of financial year-end and the statement of not being in liquidation.

Additional requirements — Section 118

The corporate resolution must also state the seat in Buenos Aires City (or authorise the representative to fix it), the financial year-end and the assigned capital if any; plus publication in the Official Gazette.

One registration is enoughRegistration under Section 118 dispenses with Section 123. A registered branch does not need a separate registration to hold interests in local companies. Where a company cancels its Section 118 registration but wishes to keep local shareholdings, a simplified procedure now operates within the same registry file.
The point most guides miss

Why this is not a formality

Where an Argentine company has foreign shareholders, those shareholders must be registered under Section 118 or 123 for corporate acts to be filed. Acts in which the votes of an unregistered foreign company were decisive cannot be registered until registration is evidenced.

In operational termsIf the parent is not registered, the Argentine subsidiary can be blocked from filing capital increases, changes of officers, amendments to bye-laws or reorganisations. Section 123 registration is a condition of the structure's operability, and the time to resolve it is before the first meaningful shareholders' meeting — not after a transaction has stalled at the registry.
Compliance

Beneficial ownership and the ownership chain

Individuals holding, directly or indirectly, at least 10% of capital or voting rights, or exercising ultimate control by other means, must be identified. Where there is a chain of companies, trusts or funds, it must be documented all the way up to the controlling individual.

Structures from non-cooperative or high-risk jurisdictions are subject to a specific regime and may attract additional documentary requirements. In practice, reconstructing the chain is the step that most often delays registration for groups with intermediate holding companies — and it is the step to start first, not last.

The local representative

Appointment, liability and resignation

The registered representative is not a nominal figure. They assume corporate, tax and registry obligations and are liable on the footing set out for administrators under Section 121 of the Companies Act.

GR 4/2026 introduced a procedure to register the resignation of a legal representative even where the parent company has not formally addressed it, subject to conditions and deadlines: formal notice to the parent and, once the period expires without response, filing with the IGJ together with the notarial instrument recording the notice and a certified statement of the company's position. This resolves a common situation that previously had no clear exit for representatives of groups that had lost contact with head office.

Checklist

Documentation from the parent

  • Certificate of good standing (issued within six months).
  • Bye-laws, constitutive act and amendments.
  • Resolution of the competent body approving registration and activity in Argentina.
  • Appointment of the representative, with sufficient and specific powers.
  • Identification of shareholders and beneficial owners, with supporting documentation of the chain.
  • Apostille, or consular legalisation where the Hague Convention does not apply.
  • Translation by a sworn translator registered in Argentina, with professional-body legalisation.
Digital documentationThe 2026 regime admits corporate resolutions issued digitally and reproduced on paper where duly apostilled and where integrity, traceability and immutability can be verified. Feasibility depends on the signature and apostille system of the country of origin, and should be confirmed before the board meeting is convened — not after the minutes have been signed.
Quick answers

Frequently asked questions

How long does registration take?

Around 30 business days from a complete filing. Preparation — the parent's resolution, certificate of good standing, apostille and sworn translation — usually takes longer than the filing itself.

Can I register the foreign company and incorporate the local one at the same time?

Yes. Simultaneous processing is admitted, conditional on the foreign company meeting its own requirements.

What if my holding company is in a non-cooperative jurisdiction?

It remains feasible, but under a stricter control standard and with longer timelines. It is often worth assessing an intermediate entity in another jurisdiction before filing.

Does a branch pay less tax than a subsidiary?

Not as a rule. The comparison requires analysis of how income is treated, how profits are remitted, and whether a double taxation treaty applies.

Our parent company never formally accepted the representative's resignation. Is he stuck?

No longer. The 2026 regime allows the resignation to be registered after formal notice to the parent and the expiry of the applicable period, filing the notarial instrument that records the notice together with a certified statement.

What does it cost?

Registrations are quoted individually, by country of origin, available documentation, complexity of the ownership chain and number of entities. Volume arrangements are available for groups registering several companies at once.

AF
Aníbal Falivene
Attorney · CPACF Volume 71, Folio 132 · Buenos Aires

25+ years in Argentine public and private law. Foreign investment structuring, corporate law, residency and citizenship, with direct service in English, Spanish, Portuguese and Chinese.

Updated 22 July 2026. Registry criteria are applied case by case and provincial registries may differ from the IGJ. 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.

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