LEGAL
RESTRICTIONS ON OWNERSHIP FOR NON-RESIDENT PERSONS
Foreign ownership is unrestricted except in certain
areas of national security, such as frontier zones. A foreign investor
who wishes to acquire immovable property in such area must seek
the prior consent of the National Commission of Security Zones (“Comisión
Nacional de Zonas de Seguridad”).
Investor must provide the Commission with documentation
concerning the projected use for the property to be purchased (capital
to be invested, nationality of labour to be employed, etc.), and
documentation concerning the buyer company (company´s by-laws,
latest balance sheet, details of the members of the board of directors,
etc.), all of which must be certified by a Public Notary, translated
by a public translator and legalized in the nearest Argentine consulate
in the country of origin of the investor or “Apostilled”
through the systems of the Hague Convention of 1961 on Recognition
of Foreign Documents if the country of origin of the investor has
adhered to the system of the Hague Convention of 1961.
Although the power of the National Commission
of Security Zones to grant approval for a purchase by a foreign
investor is discretionary, the Commission’s permission is
normally granted.
Additionally, due to recent regulations of the
Public Registry of Commerce of Buenos Aires, any purchase when made
by a foreign company, must be also recorded by the Public Registry
of Commerce. Moreover if the Public Registry of Commerce considers
the foreign company is not merely acquiring the property, but carrying
out permanent commercial activities in Argentina, the Public Registry
of Commerce may request also the registration of the foreign entity
in the named Public Registry of Commerce.
Additional Information:
*
Warranties
granted to the buyer
* Transfer
money to Argentina
* CDI
(Tax Indentification number) & Taxes involved in the purchase
of property
* Intermediaries
and rates
*
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