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IGJ: Annual fee for Corporations
Through Resolution No. 1737/2022, the Ministry of Justice and Human Rights enabled the payment of the annual fee for Corporations (“Sociedades Anónimas” and “Sociedades en Comandita por Acciones”) registered before the Superintendency of Corporations of the City of Buenos Aires (“IGJ”), for the year 2022.
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New FX incentives for incremental hydrocarbon production
The National Emergency Decree No. 277/2022 created two substantially similar foreign exchange incentives: i) a regime of access to foreign currency for the incremental production of oil (the "Oil Regime" or RADPIP -official acronym-); and ii) a regime of access to foreign currency for the incremental production of natural gas (the "Natural Gas Regime" or RADPIGN -official acronym-).Access the report here.Translated with www.DeepL.com/Translator (free version)The National Emergency Decree No. 277/2022 created two substantially similar foreign exchange incentives: i) a regime of access to foreign currency for the incremental production of oil (the "Oil Regime" or RADPIP -official acronym-); and ii) a regime of access to foreign currency for the incremental production of natural gas (the "Natural Gas Regime" or RADPIGN -official acronym-).
Click here to view the full report (in Spanish).
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Regulation of the employer's obligation to provide day-care facilities in establishments
On 23/3/2022, Decree No. 144/2022 was published in the Official Gazette, regulating the second paragraph of article 179 of the Labour Contract Law, which stipulates that the employer must provide day-care centres for children, according to the conditions to be established in due course.
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Increase in export tariff rates
Effective as of 19/3/2022 and until 31/12/2022, and by Decree n° 131/2022, the Argentine Executive Branch increased the export tariff rates for soybeans, meals, oils and soybean products.
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Calendar of national holidays and non-working days for 2022
The calendar of holidays and non-working days corresponding to the year 2022 is detailed in accordance with current regulations, indicating the dates on which the "transferable" holidays will be enjoyed as well as those corresponding to "non-removable holidays" and "non-removable non-working days." . Likewise, "tourist holidays" and "special non-working days" are included.
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Public occupational emergency. Compensatory aggravation.
The National Executive Branch extended until June 30, 2022 the duration of the public emergency in occupational matters and established a progressive reduction scheme of the severance payment aggravation for cases of unjustified dismissals.
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Income Tax - Payments related to the termination of the labor relationship
The Federal Administration of Public Revenues issued Circular No. 4/2021 in order to provide clarification on the income tax treatment of the amounts paid by employers as severance upon employee terminations.
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Upcoming expiration of the renewal of the Single Registry of the Productive Registry (RUMP)
The deadline to renew the RUMP registration is November 1, 2021.
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Preliminary comments on the Additional Retirement Benefit.
The National Executive Power created an extraordinary Additional Benefit and established that it will be available to the following people: (i) men over 60 years or women over 55 years; (ii) have more than 30 years of service with contributions in the retirement and pension system; and (iii) be unemployed on June 30, 2021.
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Reduction of employer contributions. Regulation.
The Ministries of Productive Development and Labor, Employment and Social Security (MLESS) established the labor hiring modalities in respect of which the employer's contribution reduction regime established by Decree No. 493/2021 will be applicable to new hires of personnel who participate or have participated in Educational, Professional Training or Labor Intermediation Programs. The Federal Administration of Public Revenues and the MLESS established the formal requirements to be complied with by employers in order to have access to such benefit. In addition, the MLESS established the maximum number of workers covered by the reduction of employer contributions for the cases of employers who started their economic activity after the fiscal period of August 2021, and for the new hires celebrated within the framework of Law No. 22250 (construction industry).
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Exemption from attending the workplace. Modifications introduced by the Decree n ° 678/2021.
Among multiple other associated preventive measures and the regulation of the performance of activities with greater epidemiological and sanitary risk, the norm established modifications in relation to the exemption from attending the usual workplace instituted by Resolution MLESS n° 207/2020, extended by its similar n ° 296/2020, and modified by Decree n ° 792/2020 and its extensions.
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Upcoming expiration of the renewal of the Single Registry of the Productive Registry (RUMP)
The deadline to renew the RUMP registration is November 1, 2021.
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Monitoring System of Public Officials’ Private Activities
Through Resolution No. 15/2021, the Anticorruption Office has entrusted the Transparency Policy Planning Office with the design of a System to Monitor the Private Activities of Public Officials Prior and Subsequent to the Exercise of their Public Function. The monitoring system, which will enable citizen control and active transparency mechanisms, will record the background, connections and private interests of persons who asume senior positions in the Argentine Government, and the activities they perform upon terminating their public mandate, in order to compare and verify compliance with public office employment rules and regulations before and after their tenure.
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The Federal Administration of Public Revenues expands controls on the digital economy
During the last months, the AFIP ordered a series of measures aimed at intensifying control over service providers and users of the digital economy.During the last months, the Federal Administration of Public Revenues ordered a series of regulations aimed at intensifying control over service providers and users of the digital economy.
Click here to view the full report (in Spanish).
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Tax Consent: suspension of the progressive taxes reduction
Congress approved the 2020 fiscal Consensusby which it was agreed to extend the suspensionof the progressive reduction of taxeslocal until December 31, 2021 andreaffirm commitments made on theof tax administration.Congress approved the 2020 Tax Consent by which it was agreed to extend the suspension of the progressive reduction of local taxes until December 31, 2021 and reaffirm commitments made on the tax administration.
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New (RUMP): Unique Registry of the Productive Matrix. Term of 120 days to renew the registration.
The Ministry of Productive Development replaced the old “Unique Registry of theMinistry of Production "for the new" Single Register of the Productive Matrix "(RUMP). Registration in the RUMP is a necessary condition for the processing of theaccess to services, programs or procedures in the scope of the aforementionedMinistry. Those who are registered must renew their registration in thewithin 120 days. The Registry of Business Associations and ofProfessionals (RAEP).The Productive Development Ministry replaced the old “Unique Registry of the Production Ministry" for the new "Unique Register of the Productive Matrix" (RUMP). Registration in the URPM is a necessary condition for the access to services, programs or procedures in the scope of the afore mentioned Ministry. Those who are registered must renew their registration in the within 120 days. The Registry of Business Associations and of Professionals (RBAP) was repealed.
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Extension of the prohibition to dismiss and suspend. COVID-19 as a non-listed occupational disease.
The National Executive extended until December 31, 2021 the prohibition of dismissals without just cause as well as dismissals and furloughs due to lack or reduction of work and/or force majeure, and the suspensions for these last causes. The public emergency in occupational matters is also extended and regulations are established on the treatment of COVID-19 as an occupational disease.
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Income Tax: Amendments
Amendments to corporate income tax rates applicable to fiscal years starting January 1, 2021.
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Value Control System for Exports
By means of General Resolution No. 5002/2021 (B.O. 2/6/2021), the Federal Administration of Public Revenues modified the procedure for the selection of cases for value control and for the ex-post determination of the customs value of exported goods.
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Significant changes to foreign company registration requirement in the City of Buenos Aires
Further expanding its supervisory powers in corporate matters, City of Buenos Aires Commercial Registrar Inspección General de Justicia (IGJ) has issued new rules by which it disregards registrations with commercial registers in other Argentine jurisdictions obtained by foreign companies whose principal holdings in Argentina are equity stakes in companies domiciled in the City of Buenos Aires. In addition, the new rules modify the regulations applicable to foreign companies registered as "investment vehicles", emphasizing that such type of registration is exceptional in nature, imposing new requirements that are difficult to satisfy, and favoring interpretations aimed at disregarding such foreign companies’ existence as separate legal entities. Finally, the new rules require both local and foreign companies to justify ultimate beneficial ownership declarations stating that there are no individuals who qualify as ultimate beneficial owners.Further expanding its supervisory powers in corporate matters, City of Buenos Aires Commercial Registrar has issued new rules by which it disregards registrations with commercial registers in other Argentine jurisdictions obtained by foreign companies whose principal holdings in Argentina are equity stakes in companies domiciled in the City of Buenos Aires. In addition, the new rules modify the regulations applicable to foreign companies registered as "investment vehicles", emphasizing that such type of registration is exceptional in nature, imposing new requirements that are difficult to satisfy, and favoring interpretations aimed at disregarding such foreign companies’ existence as separate legal entities. Finally, the new rules require both local and foreign companies to justify ultimate beneficial ownership declarations stating that there are no individuals who qualify as ultimate beneficial owners.
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Protocol for the sale of active substances and phytosanitary products
Protocol for the commercialization of active substances and phytosanitary productsA new protocol for the commercialization of active substances and phytosanitary products was approved, establishing the minimum requirements that must be met by containers containing phytosanitary products and active substances for agricultural and garden use, as well as the conditions for the commercialization and distribution of reusable and bulk containers.A new protocol for the sale of active substances and phytosanitary products has been approved. The protocol establishes the minimum requirements for containers holding phytosanitary products and active substances for agricultural and garden use, as well as the conditions for the sale and distribution of reusable and bulk containers.
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Enabling digital certificates through the use of computer applications
Enabling digital certificates through the use of computer applicationsThe possibility of using computer applications to obtain certain certificates in digital format was enabled.The Prevention Manager of the Superintendence of Labor Risks (SRT) established that employers, Labor Risk Insurance Companies (ART), Self-Insured Employers (EA) and Mutual ART may use computer applications to obtain certain certificates in digital format.Translated with www.DeepL.com/Translator (free version)The Prevention Manager of the Superintendence of Labor Risks established that employers, Labor Risk Insurance Companies, Self-Insured Employers and Mutual ART may use computer applications to obtain certain certificates in digital format.
Click here to view the full report (in Spanish).
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Income Tax: amendments
The amendments to the fourth category income tax for employees, retirees and pensioners became effective as of January 2021.
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Anouncement of presential tasks for vaccinated personnel
The Ministries of Health and Labor, Employment and Social Security established the mechanism for summoning personnel who has received the first dose of any of the vaccines intended to generate acquired immunity against COVID-19 and with respect to health personnel at high risk of exposure who have completed the vaccination schedule in its entirety.The Ministries of Health and Labor, Employment and Social Security established the procedure for summoning personnel who has received the first dose of any of the vaccines intended to generate acquired immunity against COVID-19 and with respect to health personnel at high risk of exposure who have completed the vaccination schedule in its entirety.Click here to view the full report (in Spanish).
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Anti-Corruption Office Resolution No. 2/2021
The Anti-Corruption Office entrusts the design of an integrity and transparency registry for companies and other entities, to contribute to the development, enhancement and maturity of their anticorruption compliance programmes.
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Reduction of employer contributions
The National Executive Power (PEN) issued Decree No. 191/2021 which established a regime of reduction in employer's social security contributions with respect to those new hires for an indefinite period of time of personnel working in the following provinces: Catamarca, Chaco, Corrientes, Formosa, Jujuy, La Rioja, Misiones, Salta, Santiago del Estero or Tucumán.
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CABA: operating protocol for administrative offices
The Government of the Autonomous City ofBuenos Aires approved a protocol withgeneral recommendations for owners to adopt and / ormanagers of establishments where offices operateadministrative in order to prevent and manage in a wayadequate risks of COVID-19 infection.The Government of the Autonomous City of Buenos Aires approved a protocol with general recommendations for owners or managers of establishments where administrative offices operate in order to prevent and manage any risks of COVID-19 infection.
Click here to view the full report (in Spanish).
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New information regime: creation of the "Information System for the Implementation of Economic Reactivation Policies"
The measure affects large companies in the Commerce and Industry sectors, which must report monthly to the Secretary of Internal Commerce the prices and quantities produced and sold of each product, as well as make the corresponding complaints in case of shortage, or lack of delivery of inputs or services necessary for production.
Click here to view the full report (in Spanish).
The measure affects large companies in the Commerce and Industry sectors, which must report monthly to the Ministry of Internal Commerce the prices and quantities produced and sold of each product, as well as make the corresponding complaints in case of shortage, shortage or lack of delivery of inputs or services necessary for production.Click here to view the full report (in Spani -
Regulation of the Telework Law
The National Executive Power regulated Law No. 27.555, and entrusted the Agency for Access to Public Information with the issuance of complementary and clarifying rules in relation to the provisions of Article 16 of the aforementioned law, contemplating the provisions of Law No. 25.326 on Personal Data Protection. The law regulated the following aspects related to the application of telework: right to disconnection, care tasks, reversibility, work tools, compensation of expenses, union representation, hygiene and safety, control system and privacy. Regarding its and entry into force, it subjected to the issuance of a resolution of the Ministry of Labour setting the starting date for the count of the 90 days indicated in article 19 of law 27.555.
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Hazardous Waste: new regulation for the calculation and liquidation of the fees provided by law 24,051 and its regulations.
The Waste Unit (URe) is implemented as a reference unit for the calculation of the rates provided for in the National Hazardous Waste Law and it is unified scattered regulations.
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Supply. Building materials and household appliances.
The measure reaches all establishments that retail essential building materials and appliances that have been included in the list.
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Province of Buenos Aires: New Regulatory Framework applicable to special generators of urban solid waste.
Resolution OPDS 317/2020 establishes the new regulatory framework applicable to the integral management of urban solid waste, incorporating new obligated subjects and extending its scope to the entire territory of the Province of Buenos Aires, among other measures.
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Plan for the Promotion of Argentine Natural Gas Production - Supply and Demand Scheme 2020-2024
The promotion of Argentine gas production was declared of national public interest and the "Plan for the Promotion of Argentine Natural Gas Production - Supply and Demand Scheme 2020-2024" was approved, among other regulations.
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Medicinal Use of Cannabis Plant and its derivatives. Enabling the self-cultivation.
The new regulation of the Law 27,350 of Medical and Scientific Research for the Medicinal Use of the Cannabis Plant and its derivatives was approved.
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Extension of the "Emergency Labour and Production Assistance Programme". Subsidized credit.
The Chief of Cabinet of Ministers raised the notional maximum credit amount at a subsidized rate.
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theoretical maximum rate credit amountsubsidized.theoretical maximum rate credit amountsubsidized. -
IGJ: Annual fee for Corporations
The Ministry of Justice and Human Rights enabled the payment of the annual fee for Corporations for the period 2020 and established as date ofpayment due on december 4th, 2020.
Click here to view the full report (in Spanish).
enabled the payment of the annual feeof the Corporations for theperiod 2020 and established as date ofpayment due on december 42 -
Changes to the formula for calculating the Level of Environmental Complexity in the Province of Buenos Aires
The Province of Buenos Aires has once again modified the formula for calculating the Level of Environmental Complexity used for the classification of industrial establishments in the categories provided for in Law 11,459 on Industrial Settlement. This new formula is expected to revert the negative repercussions caused the regulations that were approved last year, which had resulted in the classification of small and medium sized industries into categories that were higher than those obtained under the original regulations.
The Province of Buenos Aires modified again the formula of calculation of the Level of Environmental Complexity used for the classification of industrial establishments in the categories provided for in Law 11,459 on Industrial Radiation. With the modification it is expected to revert the impacts caused by the regulation approved last year, which would have caused the framing of small and medium industries within categories higher than those obtained under the original regulation.Translated with www.DeepL.com/Translator (free versioClick here to view the full report (in Spanish).
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Information obligation regarding COVID-19
The Ministry of Labor, Employment and Social Security (MTEySS) modified the obligation associated with the general preventive actions and the follow-up of the evolution of the ill persons or those who have been in contact with those determined by the national health authority. This is the reporting to the authorities of any situation that falls within the cases contemplated in Article 7 of the Executive Order (DNU) No 260/2020.
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Tax Planning Mandatory Disclosure Regime
Tax authorities established a tax planning mandatory disclosure regime to be complied by taxpayers and their tax advisors in connection with new and existing tax planning strategies.
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Specific situations of exemption from attending the workplace. Changes in the compensation scheme.
On October 12, Executive Order No. 792/2020 was published, which, among other multiple regulations related to Preventive and Compulsory Social Distance and a new extension of Preventive and Compulsory Social Distance, introduced certain modifications in the compensation scheme of the employees which are exempted from attending the workplace by Resolution MTEySS No. 207/2020, later extended by its analog No. 296/2020.
On October 12, the Decree of Need and Urgency No. 792/2020 was published, which, among other multiple regulations on Preventive and Mandatory Social Distance and a new extension of the Preventive and Mandatory Social Distance, established certain modifications in relation to the economic treatment of the exemption from attending the place of habitual work performance instituted at the time by Resolution MTEySS No. 207/2020, later extended by its similar No. 296/2020.Translated with www.DeepL.com/Translator (free versionClick here to view the full report (in Spanish).
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Amendments to the "Emergency Labour and Production Assistance Programme" (ELPAP). New modifications applicable to September 2020
The Chief of Cabinet of Ministers established new conditions for the liquidation of Complementary Salary benefit corresponding to the salaries of the month of September 2020. Likewise, he extended the term of the benefits of postponement and reduction of the payment of employer contributions to the Argentine Integrated Social Security System (SIPA) and established the possibility of converting the subsidized rate credit into a subsidy, conditioned to the fulfillment of goals, with respect to the salaries and contributions accrued during the month of September 2020. In addition, the extension of the benefits of Credit at Zero Rate and Credit at Zero Rate for the Cultural Sector is hereby approved.
The Chief of Cabinet of Ministers established new conditions for the liquidation of the Complementary Salary benefit corresponding to the salaries of the month of September/2020. Likewise, he extended the term of the benefits of postponement and reduction of the payment of employer contributions to the Argentine Integrated Social Security System (SIPA) and the subsidized rate credit conditioned to the fulfillment of goals, with respect to the salaries and contributions that are accrued during the month of September 2020. In addition, it provided for the extension of the benefits of the Zero Rate Credit and Zero Rate Credit for the Culture sector.Translated with www.DeepL.com/Translator (free versionThe Chief of Cabinet of Ministers established new conditions for the liquidation of Complementary Salary benefit corresponding to the salaries of the month of September 2020. Likewise, he extended the term of the benefits of postponement and reduction of the payment of employer contributions to the Argentine Integrated Social Security System (SIPA) and established the possibility of converting the subsidized rate credit into a subsidy, conditioned to the fulfillment of goals, with respect to the salaries and contributions accrued during the month of September 2020. In addition, it provided for the extension of the benefits of the Zero Rate Credit and Zero Rate Credit for the Culture sector.Click here to view the full report (in Spanish).
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Amendments to the "Emergency Labour and Production Assistance Programme" (ELPAP). New modifications applicable to August 2020.
The Chief of Cabinet of Ministers established new conditions for the settlement of Complementary Salary benefit corresponding to the salaries of the month of August 2020. Likewise, he extended the term of the benefits of postponement and reduction of the payment of employer contributions to the Argentine Integrated Social Security System (SIPA) and established the possibility of converting the subsidized rate credit into a subsidy, conditioned to the fulfillment of goals, with respect to the salaries and contributions accrued during the month of August 2020.
ThChief of Cabinet of Ministers established new conditions for the liquidation of the benefit of Complementary Salary corresponding to the salaries of the month of August/2020. Likewise, he extended the term of the benefits of postponement and reduction of the payment of employer contributions to the Argentine Integrated Social Security System (SIPA) and the conversion into a subsidy of the subsidized rate credit conditioned to the fulfillment of goals, with respect to the salaries and contributions accrued during the month of August 2020.Translated with www.DeepL.com/Translator (free versioClick here to view the full report (in Spanish).
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Extension of the debt adjustment with The Federal Administration of Public Revenues
The Congress approve an extension of the tax moratorium to all taxpayers for social security, tax and customs debts due on 31 July 2020. The deadline to adhere to the moratorium is October 31, 2020. In addition, the statute of limitations is suspended, with general terms, for one year.
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Bill introduced in Congress establishing a “Solidarity and Extraordinary Contribution”
The Government introduced a bill in Congress to approve a new wealth tax called “Solidarity and Extraordinary Contribution” to mitigate the effects of the COVID-19 pandemic. The new tax would be levied on individuals, residents and non-Argentine residents, holding assets equal or greater than AR$200,000,000 existing as of December 31, 2019.
Click here to view the full report (in Spanish).
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Non-requirement of medical certifications or medical studies related to COVID-19.
A joint resolution of the Ministries of Health and Labor establishes that the regulations issued under the emergency law do not empower employees to demand medical certifications or studies related to COVID-19 from workers entering or returning to work.
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IGJ: Delay of gender quota obligations at certain entities
The Superintendency of Corporations of the Autonomous City of Buenos Aires delayed the entry into force of the rule that established the mandatory gender quota, so that the entities reached by this rule that appoint management and surveillance bodies before October 4, 2020 will not be subject to the requirement of gender quota regarding this first appointment.
IGJ: Postponement of validityof the obligations relating to thefemale quota in certainentitieIGJ: Postponement of validity of the obligations relating to thefemale quota in certain entities.Click here to view the full report (in Spanish).
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New Law on Teleworking
A few days ago, Parliament passed Law No. 27,555 of regulation of Teleworking. It has not been still promulgated by the PEN and consequently not published, so it has not yet entered into force. Due to the relevance of the subject, it seems appropriate to make some advance assessments regarding the main contents and characteristics of the regulations.
A few days ago, Parliament passed Law No. 27,555of regulation of Teleworking. It has not beenstill promulgated by the PEN and consequently not published, so it has not yet entered into force. Due to the relevance of the subject, it seems appropriate to make some advance assessments regarding the main contents and characteristics of the regulations. A few days ago, Parliament passed Law No. 27,555of regulation of Teleworking. It has not beenstill promulgated by the PEN and consequently not published, so it has not yet entered into force. Due to the relevance of the subject, it seems appropriate to make some advance assessments regarding the main contents and characteristics of the regulations.Click here to view the full report (in Spanish).
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IGJ: Mandatory gender quota in management and surveillance bodies of certain entities
The Superintendency of Corporations of the City of Buenos Aires established the mandatory quota for women in management and surveillance bodies for civil associations, simple associations, foundations, state-owned companies and certain corporations.
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Health emergency: update of tax and customs measures
It describes the measures adopted to date in tax and customs matters on the occasion of the public emergency decreed by the National Government, relating to the suspension of administrative proceedings, the extension for the filing of tax returns, payment of taxes and adherence to payment facility plans.
Click here to view the full report (in Spanish).
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Amendments to the "Emergency Labour and Production Assistance Programme" (ELPAP)
The National Executive (PEN) approved new modifications to the ELPA Program by incorporating as benefit in addition to the existing rate credit subsidized for companies, the provision that the JGM will establish for certain specific periods the benefits of postponement and reduction of employer contributions to the Argentine Integrated Social Security System (SIPA). In this regard, the JGM issued the complementary and regulatory rules for benefits for the month of July 2020. For its part, the Federal Administration of Public Revenue (AFIP) arranged for the re-registration of companies, as from 7/29/2020 to 8/4/2020, to access the benefit of the Complementary Salary.
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“Online Employer Registration" - CABA: Extension in the deadline for uploading required information.
The deadline for complying with the upload of information required by the "Employers' Online Registry" in force in the City of Buenos Aires (CABA) was extended until September 30, 2020.
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Health emergency: update of tax regulations
It describes the measures taken to date in tax matters on the occasion of the public emergency decreed by the National Government relating to the extension for the filing of tax returns, tax payments and adhesion to payment facility plans.
Click here to view the full report (in Spanish).
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Health emergency: update of tax and customs measures
It describes the measures adopted to date in tax and customs matters due to the public emergency established by the National Government, related to the suspension of deadlines in administrative proceedings, the extension for the filing of tax returns and adherence to payment facility plans, the updating of interest and additional benefits for small and medium-sized taxpayers.
Click here to view the full report (in Spanish).
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Maximum prices: extend their validity until 30/08/2020 but enable procedure to modify them
The National Secretariat of Domestic Trade extended the validity of Resolution No. 100/20 and empowered the Undersecretariat of Actions for the Defense of Consumers to set new maximum prices, in those cases in which the subjects reached or the chambers that represent them, prove in a reliable manner variations in the cost structures that substantially modify the economic-financial equation considered at 06/03/2020.
La Secretaría de Comercio Interior de la Nación prorrogó la vigencia de la Resolución N° 100/20 y facultó a la Subsecretaría de Acciones para la Defensa de las y los Consumidores para fijar nuevos precios máximos, en aquellos casos en que los sujetos alcanzados o las cámaras que los representan, acrediten en forma fehaciente variaciones en lasestructuras de costos que modifiquen sustancialmente la ecuación económico financiera considerada al 06/03/202Click here to view the full report (in Spanish).
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New Changes to the Labor and Production Program
The Chief of Cabinet of Ministers made further recommendations regarding the Complementary Wage benefit and clarified the interpretative criterion regarding the restrictions on the distribution of dividends, repurchase of shares, acquisition of securities and disbursement to related parties with residence, establishment or domicile in a non-cooperating jurisdiction or in a jurisdiction with little or no taxation.
It also extended the term for the granting of zero-rate credits and included the movie and videotape screening activity in the benefit of the reduction of employer contributions to the Argentine Integrated Pension System.
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New restrictions on securities transactions
The Argentine Securities Exchange Commission imposed new restrictions on securities transactions, applicable to both individuals and legal entities, establishing a minimum holding period of 5 business days (period known as "parking") for transactions involving the sale of securities which are settled in foreign currency or transferred to depository entities abroad.
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Anti-Corruption Office: issues recommendations for public contracting in emergency context.
Because of the interaction between the public and private sectors, public contracting is considered an area vulnerable to conflicts of interest. This vulnerability is increased by the COVID-19 emergency. The Anti-Corruption Office (OA) provided recommendations to be implemented by public sector agencies in emergency public contracting, in order to strengthen integrity and transparency.
Click here to view the full report (in Spanish).
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New transfer pricing regulations
AFIP replaced the transfer pricing regulations in order to adapt to the latest amendments to the Income Tax Law, in terms of the obligations to document and determine the market value of transactions. Controls and limitations on the deduction of certain expenses between related parties are also included.
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Virtual procedure for filing Settlement Agreements and Employment Contract Suspensions Agreements before the Ministry of Labour.
The National Direction of the Compulsory Conciliation Services and Domestic Personnel within the Ministry of Labour established the guidelines for filing Settlement Agreements and Agreements of Employment Contract Suspension in terms of section 223 bis of the Employment Contract Law.
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Labour and Production Assistance Program. Supplemental Salary benefit. Regulation.
The Chief of the Cabinet of Ministers extended to every employer, regardless of the Company Size, the obligation to meet the requirements set by Administrative Decisions No. 591/2020 and No. 702/2020 for obtaining the Supplemental Salary benefit. Likewise, he regulated the deferral and reduction of social security contributions to the Argentine Integrated Social Security System ("Sistema Previsional Integrado Argentino" or "SIPA") accrued in May 2020.
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Extension of the labour and production assistance program - Reopening of AFIP registration
The ATP Program benefits concerning the Complementary Salary and the postponement and reduction of the payment of employer contributions to the Argentine Integrated Social Security System with respect to salaries and contributions accrued during the month of May are extended and registration is reopened through the AFIP- ATP Program "web" from May 14 to 21, 2020, inclusive.
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Update on tax and customs COVID-19 measures
Report on the measures implemented to date in tax and customs regulations on account of the public emergency decreed by the National Government, including the suspension of deadlines, extension of tax payments and other measures implemented to safeguard fiscal income.
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Argentina tightens foreign exchange controls
The Central Bank has imposed new foreign exchange restrictions aimed at curtailing the acquisition by both individuals and legal entities of foreign currency through transactions involving the purchase and sale of securities which are settled in foreign currency either abroad (which are known as "contado con liquidación") or within Argentina (which are known as "dollar MEP").
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Public health emergency: Suspension of procedural deadlines and other tax measures
The measures adopted by AFIP, linked to the suspension of administrative procedural deadlines and the extension of benefits for MSMEs and single-tax payers, on the occasion of COVID-19 are updated.
Click here to view the full report (in Spanish).
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Online platforms and digital media in proceedings before the Ministry of Labour
Through Resolution No. 344/2020, the Ministry of Labor, Employment and Social Security (MTEySS) has ordered, in all its branches, to resume its activity in a virtual manner, which includes the Compulsory Conciliation Service (SECLO), by establishing that agreements and ratifications made under this modality will have the same validity as those made in person.
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Statement of competence for the approval of lay-off agreements
The Ministry of Labor has clarified that the Provincial Labor Administrations have the power to substantiate and homologate collective and/or individual agreements under the terms of Article 223 bis of the Labor Contract Law (LCT), within the framework of their respective jurisdictions and in accordance with the provisions of Decree No. 329/2020.Access the report here.The Ministry of Labour has clarified that the Provincial Labour Administrations have the power to substantiate and homologate collective and/or individual agreements under the terms of Article 223 bis of the Labor Contract Law (LCT), within the framework of their respective jurisdictions and in accordance with the provisions of Decree No. 329/2020.
Click here to view the full report (in Spanish).
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Amendments to the "Emergency Labour and Production Assistance Programme"
On April 20, 2020, emergency decree No. 376/2020 was published in the Official Gazette, effective as of that date, adding new amendments to those already established by emergency decree No. 347/2020 to the Emergency Labour and Production Assistance Programme, facilitating access by companies to the benefits granted by the Program, in addition to adding more beneficiaries.
Click here to view the full report (in Spanish).
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Labour and Production Assistance Programme
The Argentine Chief of Staff regulated the conditions of certain benefits of the Labour and Production Assistance Program in the following aspects: (1) it regulates the conditions of access for the granting of the Complementary Wage, distinguishing between companies with up to 800 workers and those that exceed that endowment, and incorporating new and greater conditions for the latter; (2) it provides for the granting of the reduction of contributions to SIPA, in addition to the Complementary Wage, to companies in the tourism, culture and health sectors; (3) the Zero Internest Rate Credit for persons adhering to the Simplified Regime of Small Taxpayers; and (4) the conditions of expiration of the benefits.
Click here to view the full report (in Spanish).
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AFIP expands information regimes and implements the registration of foreign passive entities
The Federal Administration of Public Revenues extended the annual information regime on corporate participations, in order to require information on the final beneficiaries of Argentine and foreign entities, and implemented the registration of foreign passive entities, originally created by the Tax Amnesty Law.
Click here to view the full report (in Spanish).
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Amendment to General Resolution IGJ No. 7/2015 regarding virtual meetings
On March 27, 2020, General Resolution No. 11/2020 ("Resolution 11/20") of the Superintendency of Corporations of the City of Buenos Aires (Inspección General de Justicia or "IGJ") was published in the Official Gazette.The new resolution amends Sections 84 and 360 of IGJ's General Resolution No. 7/2015 in order to allow, subject to certain conditions, virtual meetings for management and governing bodies of companies, civil associations and foundations registered with the IGJ.On March 27, 2020, General Resolution No. 11/2020 of the Superintendency of Corporations of the City of Buenos Aires was published in the Official Gazette. The new resolution amends Sections 84 and 360 of IGJ's General Resolution No. 7/2015 in order to allow, subject to certain conditions, virtual meetings for management and governing bodies of companies, civil associations and foundations registered with the IGJ.
Click here to view the full report.
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Public Health Emergency: Tax and Customs Measures
26 March 2020: A description is given of the measures taken to date in fiscal and customs matters by virtue of the health emergency and the "social, preventive and mandatory isolation" decreed by the National Government on the occasion of COVID-19.
Click here to view the full report (in Spanish).
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Labour aspects of emergency decree No. 297/2020 and MTEySS resolution No. 219/2020
On March 21, 2020, emergency decree No. 297/2020 was published, establishing two general requirements: a) a mandatory isolation; b) the prohibition to circulate. These are of a temporary nature (until 31 March, subject to extension). These obligations apply to all persons living in the country or staying there on a temporary basis.
Click here to view the full report (in Spanish).
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AFIP Tax Recess (DGI, DGA and DGRSS)
On March 18, 2020, by means of General Resolution No. 4682/2020, the Federal Administration of Public Revenues ("AFIP") established an extraordinary tax recess between 03/18/2020 and 03/31/2020, both dates included, within the scope of the provisions of General Resolution No. 1983/2005.
Click here to view the full report (in Spanish).
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National Retail Competition Program Law: Ley de Góndolas
On March 17, 2020, through the publication in the Official Gazette of Decree No. 268/2020, the Executive Branch enacted Law No. 27,545 creating the National Retail Competition Program, also known as "Ley de Góndolas", which was approved by the National Senate on February 28, 2020, during the Extraordinary Sessions period.
Click here to view the full report.
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Report on Resolutions No. 202 and No. 207
On March 14, 2020, Resolution No. 202/2020 of the Ministry of Labor, Employment and Social Security (MTEySS) was published in the Official Gazette, repealing the previous resolutions issued by the same ministry under No. 178 and 184/2020 (granting exceptional licenses in view of the advance of COVID-19) and establishing in its place a suspension of the duty to attend workplaces to certain categories of workers and other measures.
Click here to view the full report (in Spanish).
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Amendment regarding corporate purpose and share capital of local companies
On March 11, 2020, General Resolution No. 5/2020 of the Superintendency of Corporations of the City of Buenos Aires (Inspección General de Justicia or "IGJ") was published in the Official Gazette, amending IGJ's General Resolution No. 7/2015 regarding corporate purpose and share capital of local companies.
Click here to view the full report.
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Exceptional License Res. No. 178/2020 MTEySS (COVID-19)
On 6 March, 2020, the Ministry of Labour, Employment and Social Security issued Resolution No. 178/2020 granting exceptional leave to public or private sector employees who have entered the country from abroad, to remain voluntarily in their homes, in accordance with the recommendations of the National Ministry of Health.
Click here to view the full report (in Spanish).
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Amendment to Registration Procedures for Foreign Companies
On February 21, 2020, General Resolution No. 2/2020 of the Superintendency of Corporations of the City of Buenos Aires (Inspección General de Justicia or "IGJ") was published in the Official Gazette, repealing IGJ's General Resolution No. 6/2018 which had timely simplified the procedures related to companies registered abroad. This regulation reinstates previously applicable requirements for the registration, or for the registration's continuance, of foreign companies with the IGJ for purposes of (i) participating as partner or shareholder in an Argentine company or (ii) carrying out activities on a regular basis in Argentina. These requirements are mainly aimed at providing evidence that the company has substantial activities or assets abroad and at identifying who the partners or the shareholders of the company are. Additionally, the representatives of these foreign companies in Argentina are required to provide a guarantee for the adequate performance of their duties.
Click here to view the full report.
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Changes to export duty rates
On March 5, 2020, the Argentina Executive Branch published in the Official Gazette Decree No. 230/2020, which modifies the export duty rates of certain agricultural and agro-industrial products.
Click here to view the full report (in Spanish).
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Complementary Regulations to the Emergency Law
On January 30, 2020, the Executive Branch published in the Official Gazette Decree No. 116/2020, through which it establishes the assignment of the repatriated assets to certain investments in order to benefit from the exception of the payment of the differential rate of personal assets tax, provided for in Law No. 27,541.
Click here to view the full report (in Spanish).
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Announcement of new partners effective July 1, 2015
Latin Lawyer and Abogados.com.ar announced the appointment of new partners at Mitrani Caballero Ojam & Ruiz Moreno: Mercedes Rodríguez Giavarini, member of the Corporate and Banking & Finance practices, and Juan Ignacio Soma, member of the Corporate practice.
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The firm in an article on legal advice to entrepreneurs published in the La Nación newspaper
In an article published by the La Nación newspaper, Mariel Chichisola, member of the Intellectual Property practice at Mitrani Caballero Ojam & Ruiz Moreno comments on the role of the attorney in startups.
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The firm explains how it assists its clients in cross-border transactions
In an article published in the Legal Supplement of El Cronista on November 4, 2015, Diego Parise, who heads the Banking & Corporate Finance practice and is a member of the Corporate Law Practice at Mitrani Caballero Ojam & Ruiz Moreno elaborates on the firm’s services to Argentine businessmen in search of business, investments or loans abroad.
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Article featured in Abogados In-House on maternity
In November 2015, Abogados In-House magazine published an interview with Jorge Pico, partner of the Labour and Social Security practice at Mitrani Caballero Ojam & Ruiz Moreno, in which he comments on the firm’s maternity policies, a proposal drawn up to strengthen families and minimize inequalities.
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Mónica Pinto Esq., Dean of the UBA Law School, gave a lecture at the firm
On December 4th, 2015, the 21st Encuentro de Mujeres Abogadas (Encounter of Female Lawyers) was held at our offices in the context of a joint initiative of the Cyrus R. Vance Center for International Justice and the New York City Bar, with Mónica Pinto Esq. as a guest.
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CSR: We put together Christmas boxes for a CONIN programme neighbourhood
As in previous years, Mitrani Caballero Ojam & Ruiz Moreno took part in the assembly and collection of Christmas boxes intended for the programme to combat child malnutrition "Cuidemos la Vida y CONIN" (Let’s Take Care of Life and CONIN), by means of which underprivileged families pertaining to the town of José C. Paz are given a helping hand.
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Announcement of new partners effective January 1, 2016
Latin Lawyer, Abogados.com.ar and El Cronista announced the appointment of new partners at Mitrani Caballero Ojam & Ruiz Moreno: Rita Payarola and Esteban Valansi, both part of the Labour and Social Security practice, and Soledad Vallejos Meana, member of the Administrative Law and Business Regulation practice.
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The Firm’s Interview in El Cronista
Julio Caballero, who heads the Labour and Social Security practice at Mitrani Caballero Ojam & Ruiz Moreno, commented on the collective bargaining regarding new salary increase agreements for 2016, during an interview held by the Legal Supplement of El Cronista on February 3rd, 2016.
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Interview on flexible maternity policies to avoid losing female talent
On March 16th, 2016, Abogados.com.ar published an interview with Mercedes Rodríguez Giavarini, partner in the Corporate and Banking and Finance practices at Mitrani Caballero Ojam & Ruiz Moreno. The article describes the firm’s policies tailored to retain professional mothers.
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How does the firm recruit and hire talent?
Jorge Pico, partner in the Labour and Social Security practice at Mitrani Caballero Ojam & Ruiz Moreno, explained to El Cronista, in an interview held on March 2nd, 2016, the means used by the firm to hire new lawyers.
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Client alert: Promotional Regime on Renewable Energy Sources Implemented
Last March 31st, the Argentine government issued regulations [i] implementing the Promotional Regime on the Generation of Electricity from Renewable Energy Sources, created by Law 26,190 [ii], and adjusted by Law 27,190 [iii] (the "Regime").
Click here to a complete report on the Regime. -
Mitrani Caballero Ojam & Ruiz Moreno in collaboration with FORES
Rita Colombo, member of our Intellectual Property practice, lectured in FORES - Foro de Estudios sobre la Administración de Justicia - on "Author's Rights", adressed to students of the 60° Edition of the Lawyers Training Program.
In a very dynamic and warm session, she explained the importance of intangible assets and their protection through intellectual and industrial property rights, focusing on author's rights and related rights and their regulation, protection strategies and applicable cases.
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Our firm on TV
TV show 300MetrosTV interviewed Mariel Chichisola, member of the Intellectual Property practice at Mitrani Caballero Ojam & Ruiz Moreno, on the relevance of protecting intellectual property rights.
Access the interview here. -
Publication of legal articles
The Labor and Social Security Law Review published an article from Lorenzo Gnecco, partner in the Labor and Social Security practice at Mitrani Caballero Ojam & Ruiz Moreno, on "Changes in the socioeconomic framework and collective bargaining".
View the full article here.
Also, the Corporate LiveWire published the article "It's time for Argentina's Capital Market" on the Expert Guide "Opportunities & Developments. Latin America 2016", co-authored by Nicolás Fernández Madero, counsel in our Corporate and Commercial Law practice.
View the full article here.
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Training for Entrepreneurs
In the context of the activities Mitrani Caballero Ojam & Ruiz Moreno performs with INICIA | Comunidad de Emprendedores, our firm hosted the training: "The legal ABC for your venture", on June 8 and June 15.
Click here for more information on the program. -
Book Publication
Lorenzo P. Gnecco, member of our Labor and Social Security practice, published his book "Suspension of labor contracts" (La suspensión en el contrato de trabajo), prefaced by Jorge Rodríguez Mancini. The book will be presented on June 28 at 18:30 hs at the Asociación Argentina del Derecho del Trabajo (Av. Corrientes 1145 10 "A"), with a presentation by Mario Ackerman.
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Argentine chapter on mediation
Partners at Mitrani Caballero Ojam & Ruiz Moreno participated in the chapter "Argentina" of the International Mediation Guide: Second Edition 2016, published by Clifford Chance.
View the full guide here. -
"Open Day" at our offices
We have invited 4th and 5th year Law School students to participate from an "Open Day" on legal aspects of social networks. The event was held on September 7, 2016 (attendance was free upon registration).
Click here for more information on the program. -
Client alert: Argentina Creates New Public Private Partnership Regime Aimed at Promoting Infrastructure Development
On November 16, 2016, the Argentine Congress passed new legislation on Public-Private Partnerships (PPP) aimed at promoting foreign direct investment and allowing a balanced and predictable cooperation between the public and private sectors in a wide variety of areas, including infrastructure.
Click here to a complete report on the Regime. -
Announcement of new partner of the firm effective January 1st, 2017.
Mitrani Caballero Ojam & Ruiz Moreno announces that, effective January 1st, 2017, Mr. Carlos Trogolo Eliçabe was appointed partner of the firm.
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Client alert: New Flexibility in Foreign Exchange Regulations in Argentina
On December 30, 2016, the Argentine Central Bank issued Communication "A" 6137 to increase flexibility of certain foreign exchange restrictions that remained in place following the changes introduced by Communication "A" 6037 in August 2016.
Click here to a complete report.
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New partner promotion in Latin Lawyer
An article entitled “Argentine firms target transactions with promotions” published by Latin Lawer informs on the appointment of Carlos Trogolo Eliçabe as new partner of the firm and publishes extracts of an interview with Diego Parise, who heads our Banking & Corporate Finance practice and is a member of our Corporate Law practice.
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LexLatin reports on Texproil acquisition
LexLatin published an article on the role of Mitrani Caballero Ojam & Ruiz Moreno in connection with the acquisition of Texproil S.R.L. by SageRider West LLC y Sagerider Holdings Limited.
View the full article here. -
Excellence award for Universidad Di Tella’s Students
Mitrani Caballero Ojam & Ruiz Moreno will reward the student of the Universidad Torcuato Di Tella who obtains the highest grade in “Labor Law” course, awarding a scholarship in our Information Center.
For more information access here. -
Interview with C. Mitrani, J. Caballero, J. Ojam and H. Ruiz Moreno in Auno Abogados
Auno Abogados magazine published an interview with Cristian Mitrani, Julio Caballero, Juan Carlos Ojam and Horacio Ruiz Moreno in their December issue.
View the full article here.
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Mitrani Caballero Ojam & Ruiz Moreno in Latin Lawyer
Latin Lawyer announced Ternium/Techint Group v Nippon Steel Corporation Group as winner of the “Deal of the Year” award for Disputes. Mitrani Caballero Ojam & Ruiz Moreno is part of the advisory team of the Ternium/Techint Group.
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Summer Internships Program
The firm successfully completed the first edition of its summer scholarship program. This year the participants were Lorena Emilse Tolaba, a student at the Universidad de San Andrés and Micaela María Delfino, a student at the Universidad del Salvador.
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Client alert: Draft Bill on the Protection of Personal Data in Argentina
The National Agency for the Protection of Personal Data has prepared a draft bill with the goal of replacing the current Act No. 25,326 on data protection.
Click here to a complete report.
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Mitrani Caballero Ojam & Ruiz Moreno in Latin Lawyer’s article on Ternium/CSN bid
The firm represented Ternium on CSN’s bid into Usiminas tender offer.
View the header of the article here.
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Client alert: Stimulus Program for Investments in Vaca Muerta Gas Production
The Ministry of Energy and Mining published Resolution 46-E/2017, which created a program to stimulate investments in natural gas production projects in the Neuquén Basin's unconventional reservoirs.
Click here to a complete report. -
"Open Day" at the firm
We invite 4th and 5th year Law students to attend our "Open Day" to be held on April 19th at 10.30. For further information please open the attached flyer here. The activity is free but requires prior registration (limited spaces).
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Women in the Profession (WIP) Program. 2017 Annual Conference
Mitrani Caballero Ojam & Ruiz Moreno participated in the 2017 Women in the Profession (WIP) Program Annual Conference as member of its organizing committee. The event took place at the Universidad de Buenos Aires, School of Law, on 14 March 2017.
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Article on labor matter published by abogados.com.ar
Abogados.com.ar published an article authored by Jorge Pico, partner within the firm’s Labor and Social Security Law practice: “Delegados de personal. Ejercicio de las facultades disciplinarias del empleador”.
View the article here.
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Client Alert: Regulation on fiscal benefits for Micro, Small and Medium-sized companies
Resolutions SEPME N° 68-E/17 (BO 7/3/17) and AFIP N° 4010-E (BO 9/3/17) regulate the procedure, deadlines and requirements to access tax benefits for micro, small and medium-sized companies (MiPymes), regulated by Law N° 27.264.
View the report (in spanish) here. -
Members of the firm gave a Conference in Mexico City
On March 29, Julio Caballero (Labor and Social Security Law practice partner), Corina Laudato (Tax Law Practice leader) and Diego Parise (Corporate Law practice partner) gave a conference on "Opportunities for Mexican Investments in Argentina” in Mexico City.
The presentation, given during a breakfast hosted by the Mexican-Argentinean Chamber of Commerce and the Mexican Business Council of Foreign Trade, Investment and Technology, was attended by representatives of Mexican companies and business chambers and included the presence of the Argentine Ambassador in that country.
A photograph of the event can be seen here. -
The firm at the UBA's Job Fair
The firm was present at the Job Fair held by the Universidad de Buenos Aires on April 4. We would like to thank everyone who approached our booth!
Click here to view a picture of the event.
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The firm at the Foodie Night hosted by Banco de Alimentos
Mitrani Caballero Ojam & Ruiz Moreno attended the “Foodie Night” hosted by Banco de Alimentos, a local food bank, on April 20.
Click here to view picture of the event.
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Presentation at the Italian Chamber of Commerce
Mitrani Caballero Ojam & Ruiz Moreno gave a conference on “Gestión de Ausentismo y Régimen Disciplinario. Herramientas Legales para su Tratamiento” at the Italian Chamber of Commerce in Argentina, on April, 19th.
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Client Alert: Argentina Moves Towards Flexibilization of the Companies Act
Several initiatives for the simplification of the Companies Act have been considered since the end of 2016. Finally, certain regulations applicable to "Sociedades Anónimas Unipersonales" ("SAU" by its Spanish acronym) were amended in November 2016, eliminating the requirement to appoint at least three directors and a surveillance committee. The reform responds to repeated criticisms against the excessive requirements for the SAUs, which made them an expensive and infrequently used company-type.
View the report here.
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"Open Day" at our offices
On April 19 we held the third edition of Open Day for advanced Law School students.
Special thanks to all the participants!
Photographs of the event can be seen here.
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Vaca Muerta - Exploration investment opportunities: New Horizons Plan and Neuquén Exploration Plan
Gas y Petróleo del Neuquén S.A., the provincial company in charge of procuring the exploration and subsequent exploitation of the blocks that were reserved by the Province of Neuquén, launched Bidding Round V of exploration areas of oil and gas denominated "New Horizons Plan", and the "Neuquén Exploration Plan".
View the full report here. -
Mitrani Caballero Ojam & Ruiz Moreno collaborates with FORES
Rita Colombo, Senior Associate of our Intellectual Property Practice, has collaborated with FORES – Spanish acronym for “Forum of Studies on the Administration of Justice” – in providing a workshop on "Patents and Trade Secrets" for students of the 62nd Edition of the PEA (Spanish acronym for Lawyer Training Programme).
The importance of intangible assets and the protection through intellectual and industrial property was explained in a very dynamic and friendly workshop, with theoretical and practical orientation. Special emphasis was given to patents and trade secrets, their legal treatment and protection strategies, using relevant case studies. We deeply appreciate Raúl Farías and the students of this PEA edition for their support on this valuable workshop.
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Client alert: Minimum Notional Income Tax. Losses. AFIP’s Criteria
By means of General Instruction N° 2/2017 dated May 18th 2017, the AFIP set forth that the Minimum Notional Income Tax ("MNIT") is not applicable when financial statements reflect losses and the tax payer holds tax losses for income tax purposes for the taxable period in question.View the full report (in Spanish) hereBy means of General Instruction N° 2/2017 dated May 18th 2017, the AFIP set forth that the Minimum Notional Income Tax ("MNIT") is not applicable when financial statements reflect losses and the tax payer holds tax losses for income tax purposes for the taxable period in question.
View the full report (in Spanish) here.
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The firm in an article by El Cronista
The newspaper El Cronista published in its legal section an article titled The World of Regional Lawyers, which includes extracts of an interview made to Diego Parise, partner in charge of the firm’s Banking and Finance practice.
View the full article here.
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Client alert. Argentina joins Multilateral Tax Treaty
On June 7, Argentina and 66 other countries and jurisdictions signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting ("MLI"), within the framework of the Organization for Economic Co-operation and Development ("OECD").
Read the full report here.
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The firm in an article by Latin Lawyer
We are pleased to announce that today, Latin Lawyer published an article written by Corina Laudato, head of the firm’s Tax Law Practice. The article, titled “Rising to the Challenge”, focuses on the new OECD/G20 Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (BEPS).
Read the article here. -
Client Alert. Rights to unionization in law enforcement
On April 11th, the Argentine Supreme Court ruled in “Buenos Aires Police Labor Union v/ Ministry of Labor regarding Trade Union Laws”, upholding the prohibition set forth by the Province of Buenos Aires law which states that members of the Law Enforcement Department of that Province may not exercise the right to unionize.
View the full report (in spanish) here. -
Client Alert. Tax Benefits for Micro, Small and Medium-sized Enterprises
On April 17th the Ministry of Production launched the website from which Micro, Small and Medium-sized enterprises can obtain the “MiPyMEs Certificate”, enabling them to access the tax benefits contemplated in the MiPyMES’s Program, regulated under the Law 27,264.Click here for a complete report (in SpanishOn April 17th the Ministry of Production launched the website from which Micro, Small and Medium-sized enterprises can obtain the “MiPyMEs Certificate”, enabling them to access the tax benefits contemplated in the MiPyMES’s Program, regulated under the Law 27,264.
Click here for a complete report (in Spanish). -
Client Alert. New Income Tax Prepayments Regime
Through General Resolution N° 4034-E (B.O. 28/04/2017), AFIP set forth a new regime regarding income tax prepayments.Click here for a complete report (in Spanish).Through General Resolution N° 4034-E (B.O. 28/04/2017), AFIP set forth a new regime regarding income tax prepayments.
Click here for a complete report (in Spanish). -
Training at Academia BA Emprende
On April 28th, Carlos Trogolo Eliçabe (partner in our Corporate practice) and Octavio Krause (associate in our Intellectual Property Practice) gave a training course on the recent developments and benefits of the new Entrepreneurial Law. The course took place as part of the Refresher Program for instructors of Academia BA Emprende, in the Audiovisual District.
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Mitrani Caballero Ojam & Ruiz Moreno collaborates with FORES
Rita Colombo, Mariel Chichisola and Octavio Krause, team members of the firm’s Intellectual Property practice, collaborated with FORES – (Spanish acronym for Forum of Studies on the Administration of Justice) – by giving the “Entrepreneurship & Law to Encourage Entrepreneurial Capital” training course to students of the 62nd Edition of the PEA (Spanish acronym for Training Programme for Lawyers). Special thanks to Raúl Farías and the students for this meeting.
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The Firm at the 2017 INTA Annual Meeting
Mercedes Bullrich, member of the INTA Trademark Administrators Committee, was a speaker at the 139th Annual Meeting, which took place in Barcelona, Spain. The panel discussed the best ways to work and communicate with trademark professionals around the world.
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The firm in CAFIDAP’s forum
Nicolás Fernández Madero, senior consultant of the firm and Coordinator of the Legal Committee of the Argentine Chamber of Productive Direct Investment Funds (CAFIDAP after its acronym in Spanish), participated in the Forum on the recently passed law 27,349 - Support for Entrepreneurial Activity, organized by the CAFIDAP, which took place on June 22nd at the Buenos Aires Stock Exchange.
Mr. Fernández Madero chaired Panel 1 “Simplified Business Corporations (SAS). New corporate type aimed at entrepreneurs”, composed of the drafters of the Supervisory Board of Companies (IGJ) regulations for SAS; and discussed trusts within the entrepreneurial law in Panel 2: “New tools for the promotion of entrepreneurial capital. Tax benefits for investors. FONDCE”. -
The firm in an article by Abogados.com.ar
Abogados.com.ar published an article titled “Reduction of SME Employers' Social Contributions”, written by Rita M. Payarola, partner within the firm’s Labor and Social Security Law practice. The article discusses the reduction of SME employers' social contributions contemplated in Decree N° 814/01View the full article here.Abogados.com.ar published an article titled “Reduction of SME Employers' Social Contributions”, written by Rita M. Payarola, partner within the firm’s Labor and Social Security Law practice. The article discusses the reduction of SME employers' social contributions contemplated in Decree N° 814/01
View the full article here.
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Members of the firm gave a talk at Universidad de Palermo
Mariel Chichisola, María Paula Giannetti, María Luz Nuñez and Adeline De Montmarin (members of the firm’s Intellectual Property practice) gave a talk titled "Legal ABC for your Enterprise" at Universidad de Palermo, on August 9, 2017.
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Client alert. Carcinogenic agents, mixtures and exposure circumstances. SRT Resolution No. 844/17
On August 10, 2017, the Office of the Superintendent of Risks at Work (SRT for its Spanish acronym) published in the Official Gazette, SRT resolution No. 844/17, which replaces the text contained in Annex 1 (list of agents, mixtures and exposure circumstances which are carcinogenic) of SRT resolution no. 415/2002.
View the full report (in spanish) here. -
Client alert. Renewable Energy: new regulations on VAT crediting
On August 9th, the Argentine tax authorities issued General Regulation (AFIP) N° 4101-E implementing the procedure for applying for the expedited VAT reimbursement or credit against any other national tax relating to the purchase, production or import of new fixed assets or infrastructure works performed within the framework of the Promotional Regime on Renewable Energy Sources, created by Law 26,190 amended by Law 27,191 (the "Regime").View the full article here.On August 9th, the Argentine tax authorities issued General Regulation (AFIP) N° 4101-E implementing the procedure for applying for the expedited VAT reimbursement or credit against any other national tax relating to the purchase, production or import of new fixed assets or infrastructure works performed within the framework of the Promotional Regime on Renewable Energy Sources, created by Law 26,190 amended by Law 27,191 (the "Regime").
Click here to a complete report. -
Client alert. Abrogation of gross assets or minimum presumed income tax
The Argentine tax authorities (AFIP) issued General Resolution No. 4083-E / 2017 (B.O. 06/30/17), revoking the general and optional provisions of minimum presumed income tax (MPIT).
View the full report (in spanish) here. -
Client alert. New regime to facilitate payments of tax and social security debts
The Argentine tax authorities (AFIP) issued General Resolution 4099-E (B.O. 28/07/2017), establishing a new regime to facilitate payments of tax and social security debts, withholdings and perceptions and their respective interests, due between 1/6/2016 and 5/31/2017. The plan will be effective between 1/8/2017 and 10/31/2017.
View the full report (in spanish) here. -
Chapter on Anti-Corruption Measures in Argentina
Mariela I. Melhem, partner and member of the Corporate and Mergers & Acquisitions and Compliance and Corporate Crime practices at Mitrani, Caballero & Ruiz Moreno, wrote the chapter titled “Argentina: current anti-corruption landscape” which was featured in “The Investigations Review of the Americas 2018” published by Global Investigations Review.
View the full article here.
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The firm in an article by Latin Lawyer
Latin Lawyer published the article Strength in Numbers, which includes fragments of an interview made to Ignacio Bérèterbide, partner within the Intellectual Property practice at the firm.View the full article here (in Spanish).Latin Lawyer published the article Strength in Numbers, which includes fragments of an interview made to Ignacio Bérèterbide, partner within the Intellectual Property practice at the firm.
View the full article here. -
Client alert. Update on corporate matters and regime of entrepreneurs
Recently, the Supervisory Board of Companies ("IGJ" after its acronym in Spanish) issued General Resolution 05/2017, which modifies General Resolution 07/2015 and establishes a differentiated treatment for the registration of Limited Liability Companies ("SRL"). Also recently, the IGJ issued General Resolution 06/2017 by which the registry regime for Simplified Business Corporations ("SAS") was adopted. Finally, on July 20th, 2017, the Comisión Nacional de Valores (Argentine National Securities Commission) issued General Resolution N° 700, in which the draft regulation to implement the crowdfunding platform contemplated in the law on Support for Entrepreneurial Activity is published and invites interested parties and regular citizens to present views and proposals within the framework of the procedure of "Participatory elaboration of Rules & Regulations".
View the full report here (in Spanish).
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Mitrani, Caballero & Ruiz Moreno Press Release
Mitrani, Caballero & Ruiz Moreno strengthens its Energy & Natural Resources and Infrastructure practices and reorganizes its IP practiceView the press release here.Mitrani, Caballero & Ruiz Moreno strengthens its Energy & Natural Resources and Infrastructure practices and reorganizes its IP practice.
View the press release here.
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Legal Update. New Legislation. Act on Criminal Liability of Legal Entities
On November 8, 2017, National Congress passed an Act addressing Criminal Liability of Legal Entities for crimes committed against the public administration and transnational bribery. The Act will enter into force on the 90th day following its publication in the Argentine Official Gazette.
Click here to a complete report. -
Legal Update. Act on Criminal Liability of Legal Entities for Crimes Committed against the Public Administration
On December 1st, National Act 27,401, on Criminal Liability of Legal Entities for crimes committed against the public administration and transnational bribery (the "Act"), was published in the Argentine Official Gazette. The Act will enter into force on March 1st, 2018. Below, you will find an overview with the main highlights of the law and the aspects of special interest for local and foreign companies.
Click here to a complete report. -
The firm collaborates with INICIA
On November 14th, our firm hosted the second module of the workshop El ABC Legal para tu emprendimiento, in collaboration with Inicia - Comunidad de Emprendedores. Rita Colombo (senior associate within our Intellectual Property practice) and Eduardo Ramallo (IT Manager) gave a training course on copyright, contracts, cloud computing and computer security.
Photographs of the event can be seen here. -
Mitrani, Caballero & Ruiz Moreno collaborates with INICIA
Carlos Trogolo Eliçabe (Corporate), Magdalena Magnasco (Tax), Ana Clara Gómez Casadei (Labor and Social Security) and Cecilia Brunelli (Labor and Social Security) gave the third module of the workshop El ABC Legal para tu emprendimiento, on corporate, tax and labor matters.
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The firm in an event organized by the Argentine Chamber of Exporters
On December 21st, Mariela I. Melhem (partner member of the Corporate, Mergers & Acquisitions and Compliance and Corporate Crime practices), gave a presentation in the Argentine Chamber of Exporters (C.E.R.A.) on “La nueva Ley de Responsabilidad Penal Empresaria y el comercio exterior. Cómo protegerse" (Act on Criminal Liability of Legal Entities and Foreign Trade. Protecting your business from liability).
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Argentine Tax Reform
Argentina's tax reform bill was finally enacted into law on December 27, 2017. The new law was promulgated on December 28 and published in the official gazette on December 29, 2017.
The new law introduced a comprehensive tax reform encompassing federal taxes such as corporate income tax, personal income tax, value added tax, excise taxes and fuel taxes.
Click here to view the full report.
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Client alert. Amendment Protocol to Tax Treaty with Brazil
On July 21 Argentine and Brazilian authorities signed an amendment protocol that updates the treaty to avoid double taxation and prevent tax evasion, originally signed on December 7, 1982.View the full report here (in Spanish).On July 21 Argentine and Brazilian authorities signed an amendment protocol that updates the treaty to avoid double taxation and prevent tax evasion, originally signed on December 7, 1982.
View the full report here (in Spanish).
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Client alert. New Regime on the Import of Used Goods for the Oil & Gas Industry
Decree N° 629/2017 (B.O. 10/08/2017) lays out new rules for the import of used goods meant to be used in the oil & gas industry, allowing their final importation when these are no older than 10 years since their manufacture.View the full report here (in Spanish).Decree N° 629/2017 (B.O. 10/08/2017) lays out new rules for the import of used goods meant to be used in the oil & gas industry, allowing their final importation when these are no older than 10 years since their manufacture.
View the full report here (in Spanish). -
Client alert. Simplified Joint Stock Companies. Requirements for Incorporation.
As of September 1, 2017, General Inspectorate of Justice (IGJ)’s General Resolution Number 6/2017 came into force, allowing the filing for incorporating Simplified Joint Stock Companies or Simplified Shares Companies (Sociedad por Acciones Simplificadas, or SAS by its Spanish acronym) before the Public Registry, through a swift and customizable legal vehicle which combines aspects of Limited Liability Companies and Corporations.View the full report here (in Spanish).As of September 1, 2017, General Inspectorate of Justice (IGJ)’s General Resolution Number 6/2017 came into force, allowing the filing for incorporating Simplified Joint Stock Companies or Simplified Shares Companies (Sociedad por Acciones Simplificadas, or SAS by its Spanish acronym) before the Public Registry, through a swift and customizable legal vehicle which combines aspects of Limited Liability Companies and Corporations.
View the full report here (in Spanish). -
The firm in an article by Abogados.com.ar
On August 30, Abogados.com.ar featured an article written by Federico Sánchez Almeyra (senior associate of the firm’s Tax practice), titled “Nulidad del revalúo bonaerense de 2013 de inmuebles en barrios cerrados y clubes de campo” (Nullity of Buenos Aires’s 2013 revaluation of properties in gated communities and country clubs).View the full article here (in Spanish).On August 30, Abogados.com.ar featured an article written by Federico Sánchez Almeyra (senior associate of the firm’s Tax practice), titled “Nulidad del revalúo bonaerense de 2013 de inmuebles en barrios cerrados y clubes de campo” (Nullity of Buenos Aires’s 2013 revaluation of properties in gated communities and country clubs).
View the full article here (in Spanish). -
The firm in articles on the closing of the acquisition of CSA by Ternium
Mitrani, Caballero & Ruiz Moreno advised Ternium on the acquisition of CSA- Siderúrgica do Atlântico Ltda (Thyssenkrupp’s subsidiary) and in the attainment of a USD 1.5 billion syndicated loan. The transaction was announced on February 2017 and it was completed on September 7.View Latin Lawyer’s article (here) and LexLatin’s article (here).Mitrani, Caballero & Ruiz Moreno advised Ternium on the acquisition of CSA- Siderúrgica do Atlântico Ltda (Thyssenkrupp’s subsidiary) and in the attainment of a USD 1.5 billion syndicated loan. The transaction was announced on February 2017 and it was completed on September 7.
View Latin Lawyer’s article (here) and LexLatin’s article (here). -
Legal update. Labour Law Newsletter: Family Allowances. Mobility Index. ANSeS Resolution N° 175-E/2017
On September 19, ANSeS’s Resolution N° 175-E/2017 was published in Argentina’s Official Gazette. This resolution sets at 13.32% September 2017’s mobility index to calculate categories and values of Family and Universal Allowances.View the full report here (in Spanish).On September 19, ANSeS’s Resolution N° 175-E/2017 was published in Argentina’s Official Gazette. This resolution sets at 13.32% September 2017’s mobility index to calculate categories and values of Family and Universal Allowances.
View the full report here (in Spanish). -
Members of the firm gave a talk at Universidad de Palermo
Rita Colombo and Agustina Ávila, members of the firm’s Intellectual Property practice, gave a lecture at Universidad de Palermo on the legal aspects of videogames. It was a dynamic workshop with a theoretical and practical approach on the importance of intellectual property protection within the videogame industry, which is growing in popularity.
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The firm featured in articles regarding its new members and internal reorganization
Latin Lawyer, Abogados.com.ar and LexLatin published articles which describe the firm’s internal reorganization of its Intellectual Property practice, announce the incorporation of new members to the firm, and include comments made by Cristian Mitrani and Diego Parise.
View Latin Lawyer’s article (here), Abogados.com.ar’s article (here), and LexLatin’s article (here). -
The firm in FORUM – Foros y Conferencias
On November 15th, Ana Clara Gómez Casadei (associate of our Labor and Social Security practice) was an invited speaker at the 18th event on Corporate Tax Planning, organized by FORUM – Foros y Conferencias. She spoke about the changes brought on by the latest legislative reforms on social security contribution.
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The firm in an event organized by CAFIDAP
Nicolás Fernández Madero was a participant in the debate on negotiable debt securities in the new Capital Markets Law, organized by Cámara Argentina de Fideicomisos y Fondos de Inversión Directa en Actividades Productivas – CAFIDAP, carried out in the Buenos Aires Stock Exchange Market on November 28th. Members of the Argentinean Ministry of Finance, which promoted the new law, also participated in the event.
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The firm in an interview on our CSR Committee
The show Noticias RSE, presented by Mercedes Occhi and Sara Beatriz Jumilla Rubin, broadcasted by "Radio Amadeus Cultura Musical FM 91.1”, interviewed Mercedes Rodríguez Giavarini, partner of our Corporate Practice and responsible for the CSR Committee.
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The firm in an article by Latin Lawyer
We are pleased to announce that on December 5th, Latin Lawyer published an article titled “Argentina targets corruption with corporate criminal liability law”, which includes extracts of an interview made to Cristian Mitrani (partner of the firm’s Corporate practice).Click here to read the article.We are pleased to announce that on December 5th, Latin Lawyer published an article titled “Argentina targets corruption with corporate criminal liability law”, which includes extracts of an interview made to Cristian Mitrani (partner of the firm’s Corporate practice).
Click here to read the article.
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The firm in the presentation UCES University’s LL.M in Labor Law
On December 6th, Julio Caballero (partner of our Labor and Social Security Law practice) and Daniel Stortini (Judge in the National Labor Court of Appeal) were speakers in the open class presenting the LL.M in Labor Law, which is due to start in 2018 at UCES University.
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Client alert. Labor report: Online employers registry (CABA)
Buenos Aires’s Official Gazette published on December 7th, Resolution number 3024/SSTIYC/17 which establishes the extension of the deadline for employers with legal address or commercial establishments located in the City of Buenos Aires that employ up to ten (10) employees, to enroll in the Online Employers’ Registry.Click here to view the full report (in Spanish).Buenos Aires’s Official Gazette published on December 7th, Resolution number 3024/SSTIYC/17 which establishes the extension of the deadline for employers with legal address or commercial establishments located in the City of Buenos Aires that employ up to ten (10) employees, to enroll in the Online Employers’ Registry.
Click here to view the full report (in Spanish).
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The firm collaborates with Fundación Sí
On December 20th, the firm hosted a toy paint and assembly workshop. The toys were given to children on Christmas Eve by NGO Fundación Sí.
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The firm in an article by Abogados.com.ar
On January 10th, Abogados.com.ar featured an article written by Ana Clara Gómez Casadei (senior associate of the firm’s Labor and Social Security practice), titled “Modificaciones al régimen de aportes y contribuciones patronales incluidas en el proyecto de reforma tributaria".
Click here to view the full report (in Spanish).
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Fiscal Consensus
On January 2nd, Law Number 27,429 was published in the Official Gazette. The new law implements the Argentine Fiscal Consensus signed on November 16th, 2017 between the Argentine National Government, the Provincial Governments (with the exception of San Luis) and the Autonomous City of Buenos Aires.
Click here to view the full report (in Spanish).
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Chapter on Criminal Liability of Legal Entities Act in Argentina
Mariela I. Melhem, partner and member of the Corporate and Mergers & Acquisitions and Compliance and Corporate Crime practices at Mitrani, Caballero & Ruiz Moreno, wrote the chapter titled “New Corporate Criminal Liability Act – how to protect your organisation” which was featured in “The Investigations Review of the Americas 2019” published by Global Investigations Review.
View the full article here.
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Client alert. Guidelines and Basic Contents of Binding Corporate Rules
On December 7, 2018, Resolution 159/2018 was published in the Official Gazette, whereby the Agency for Access to Public Information passed the "Guidelines and Basic Contents of Binding Corporate Rules". The purpose of the guidelines is to set minimum content that must be considered for the design of binding corporate rules regarding the international transfer of personal data between companies of the same economic group. They must be binding and enforceable for the members of the economic group, employees, subcontractors and third-party beneficiaries.On December 7, 2018, Resolution 159/2018 was published in the Official Gazette, whereby the Agency for Access to Public Information passed the "Guidelines and Basic Contents of Binding Corporate Rules". The purpose of the guidelines is to set minimum content that must be considered for the design of binding corporate rules regarding the international transfer of personal data between companies of the same economic group. They must be binding and enforceable for the members of the economic group, employees, subcontractors and third-party beneficiaries.Click here to view the full report.
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Client alert. New guide on competition law compliance for trade associations, business chambers and professional associations
On December 11, 2018, the National Commission for the Defense of Competition published a guide aimed at trade associations, business chambers and professional associations("the Guide"). "The main goal of the Guide is to set the boundaries between the constitutional right to associate and the duty to avoid practices that may damage competition", sustained Mr. Esteban Greco, President of the National Commission.On December 11, 2018, the National Commission for the Defense of Competition published a guide aimed at trade associations, business chambers and professional associations ("the Guide"). "The main goal of the Guide is to set the boundaries between the constitutional right to associate and the duty to avoid practices that may damage competition", sustained Mr. Esteban Greco, President of the National Commission.
Click here to view the full report.
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Client alert. Anticorruption Regulation Compliance Programmes - Guidelines approved by the Anti-Corruption Office
In the exercise of its functions, entrusted by Decree 277/18, the Anti-Corruption Office approved by means of Resolution 27/2018 (published in the Official Gazette on October 4, 2018) the "Guidelines for the best compliance with the provisions set forth in Sections 22 and 23 of Act 27,401 on Criminal Liability of Legal Entities" ("Guidelines") aimed at providing guidance to legal entities, governmental agencies, members of the judiciary and the professional community".In the exercise of its functions, entrusted by Decree 277/18, the Anti-Corruption Office approved by means of Resolution 27/2018 (published in the Official Gazette on October 4, 2018) the "Guidelines for the best compliance with the provisions set forth in Sections 22 and 23 of Act 27,401 on Criminal Liability of Legal Entities" ("Guidelines") aimed at providing guidance to legal entities, governmental agencies, members of the judiciary and the professional community".
Click here to view the full report.
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Anti-Money Laundering and Countering Financing of Terrorism Regulations. UIF Resolutions 154/2018, 155/2018 and 156/2018. Modi
On December 28, 2018, the Financial Information Unit's ("UIF") Resolutions No. 154/2018, 155/2018 and 156/2018 were published in the Official Gazette. Notwithstanding the approval of "UIF's Supervisory procedure based on risks", which shall apply to control procedures initiated after the effective date thereof, and the incorporation of the "Regulation of the National Securities Commission's (Comisión Nacional de Valores) collaboration duty for the supervisory procedures of the reporting parties under its comptroller", the "Regulation of Superintendencia de Seguros de la Nación´s collaboration duty for the supervision procedures of the reporting parties under its comptroller" and "Rules of National Associativism and Social Economy Institution's (Instituto Nacional de Asociativismo y Economía Social) duty of collaboration for supervision of regulated entities under its comptroller" reflected under Resolution No. 155/2018, the amendments introduced by Resolution No. 154/2018 to Resolutions UIF No. 70/2011 , UIF No. 67/2017, UIF No. 30/2017, UIF No. 21/2018, UIF No. 28/2018 and UIF No. 50/2011 are of special interest.
Click here to view the full report.
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Mitrani Caballero & Ruiz Moreno appoints new partners
We are pleased to announce that José María Aballone, Corina Laudato and Matías Olcese, have been appointed as partners of the firm effective as of January 1st, 2019.
Find full information of the announcement in the following link.
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Project advised by Mitrani Caballero & Ruiz Moreno wins Deal of the Year during Latin Lawyer Awards
At the Latin Lawyer 2019 Awards charity event held in São Paulo on April 10th, our firm, which was nominated for Latin Lawyer Deal of the Year Awards in the Private M&A and Private Equity categories, received the Deal of the Year – Private Equity Award for the work we did in connection with the Union Acquisition-Bioceres exchange transaction.
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The Firm at the 22nd Annual IBA Transnational Crime Conference
Mariela Melhem spoke at a panel on “Managing cross-border internal investigations and regulatory enforcement actions” at the 22nd Annual IBA Transnational Crime Conference, which took place at Palacio Duhau - Park Hyatt Buenos Aires.
Mitrani Caballero & Ruiz Moreno was part of the Local Host Committee, comprising Argentina’s leading lawyers and firms on the subject. The Committee hosted a Reception at the Universidad de Buenos Aires Law School.
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Mitrani Caballero & Ruiz Moreno wins Cross Border Deal of the Year
At the 11th Annual International M&A Awards, which took place during the Global Corporate Growth Summit in New York, June 4-5, 2019, hosted by The M&A Advisor, our firm received the Cross Border Deal (Over US$1B) of the Year award for the work we did in connection with Raízen Combustiveis S.A.'s acquisition of Royal Dutch Shell plc's Downstream Business in Argentina.
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Regulation of the Law on Distributed Generation with Renewable Energies
On November 2, 2018, Decree 986/2018 was published in the Official Gazette regulating Law 27,424 on the System for the Promotion of Distributed Generation of Renewable Energy Integrated into the Public Power Grid.
Click here to view the full report (in Spanish).
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Income tax law regulations
By Decree No. 976 (B.O. 01/11/2018), the Executive Branch regulated the amendments to the income tax law introduced by the tax reform (Law No. 27,430) regarding the sale of real estate and the transfer of rights over real estate, as well as the taxability in income tax of severance payments for management positions.
Click here to view the full report (in Spanish).
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Non-remunerative allowance for dependent workers in the private sector
On November 13, 2018, the Necessity and Urgency Decree No. 1043/2018 was published in the Official Gazette, which (i) on the one hand, provides for the payment of a non-remunerative allowance of five thousand pesos ($ 5000), which in principle covers all private sector employees, and which must be implemented in two equal installments: the first one, equivalent to 50% of that value, together with the remunerations of the month of November of 2018, and the remaining one (the other 50%), with the remunerations of January 2019; and (ii) on the other hand, a temporary regime is established for the proceduralization of the dismissals without just cause.
The norm exhibits a defective legislative technique and suffers from multiple inaccuracies, for which it is highly probable that it will generate conflicts at the time of its interpretation and application.
Click here to view the full report (in Spanish).
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Employer's Social Security Contributions - Reduction
On February 15, 2019, Decree no. 128 was published in the Official Gazette, through which the National Executive Branch, using the powers conferred by the second paragraph of section 173(c) of Law no. 27,430, decided to raise to 100% the percentage applicable to the value of the deduction provided for in section 4 of Decree 814/2001 for employers of certain activities in the primary agricultural and industrial sectors.
Click here to view the full report (in Spanish).
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Reminder - Reinscription of Personal Databases - New Registration System
Please be reminded that pursuant to Resolution 132/2018 passed by the Agency for Access to Public Information, the registration, modification and deregistration of personal databases of a private, state and non-state public nature should be processed exclusively through the platform Trámites a Distancia (TAD), for which a tax code level 2 of the AFIP is needed, or Gestión Documental Electrónica (GDE). These registration procedures are free of charge.
Click here to view the full report.
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Mining Investment Law
Mining projects complying with the legal conditions required by Law No. 24,196 can enjoy the benefit of fiscal stability for a term of thirty years as of the date of submission of their feasibility study. This means that promoted companies cannot have their total tax burden increased, as determined at the time of the submission of their feasibility study and separately in each jurisdiction. In such event they will have the right to request the refund of any sum paid in excess, in accordance to the procedure to be regulated by AFIP (Section 4, paragraph c) of Annex to Decree No. 1089/2003). The referred regulation was pending up until the issuance of RGC 4428/2019.
Click here to view the full report.
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National and International Tender for the Construction and Operation of Transmission Lines.
On March 8th, 2019, Argentine Government Secretariat of Energy's Resolution 81/2019 was published in the Official Gazette. The Resolution calls for a national and international public tender to award a contract for the construction of the extra high voltage 500 kV transmission line "ET Río Diamante-Nueva ET Charlone", transformer stations and complementary works for 132 kV. The Resolution also approves the Bidding Terms for the tender.
Click here to view the full report.
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New Fair Trade Act
On April 22, 2019, Decree No. 274/2019 on Fair Trade was published in the Official Gazette of the Argentine Republic, which repealed the Fair Trade Act No. 22,802 and approved a new regime that replaces the previous one and also complements the Antitrust Act No. 27,442, with the aim of defining a comprehensive and systematized regulation of unfair competition.
Click here to view the full report (in Spanish).
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Legal Update - Initial Coin Offering (ICO)
In April, 2019, the U.S. Securities and Exchange Commission website specialized in innovation and financing technology, FinHub (https://www.sec.gov/finhub), published a brief guide to determine the need to file before the SEC, operations related to cryptocurrencies, such as the offer, sale, distribution, marketing, promotion, trade, market establishment, holding, custody, financing services and, in particular, initial coin offerings (ICO). FinHub's analysis is of interest, given the lack of specific regulations, not only in the USA, but in the world in general and in Argentina in particular.
Click here to view the full report.
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Knowledge-Economy Promotional Regime
On June 10th, 2019, the Argentine federal government enacted Law No. 27,506 known as "Knowledge-Economy Promotional Regime". The purpose of the Regime is the creation, design, development, production and implementation or adaptation of products and services, through the promotion of specific areas and activities
Click here to view the full report.
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Significant Changes to Foreign Exchange and Financial Regulations in Argentina
On September 1, 2019, the Argentine Executive Branch issued Emergency Decree No. 609/2019 and, subsequently, the Argentine Central Bank issued Communication "A" 6770, imposing certain urgent and temporary foreign exchange controls which will remain in effect until December 31, 2019, and passing several rules relating to the Argentine sovereign short-term debt securities which are subject to the maturity rescheduling set forth by Decree No. 596/2019 dated August 28, 2019.
Click here to view the full report.
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Increase in the Minimum Vital and Mobile Wage values
On September 2, 2019, the Resolution issued by the Presidency of the National Council of Employment, Productivity and Minimum Wage (Consejo Nacional del Empleo, la Productividad y el Salario Mínimo Vital y Móvil) was published in the Official Gazette, which set the new values for the Minimum Wage, in accordance with the provisions of article. 140 of Law No. 24,013, for all workers covered by the Labor Contract Law, of the Argentine National Public Administration and of all Argentine government entities and agencies in their capacity as employers.
Click here to view the full report (in Spanish).
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Legal Update - Changes to Recent Foreign Exchange Controls in Argentina
On September 5 and September 12, 2019, the Argentine Central Bank issued Communications "A" 6776 and "A" 6780 relating to the foreign exchange control restrictions initially imposed by Central Bank Communication "A" 6770 dated September 1, 2019.
Click here to view the full report.
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NIC AR : Launching of the Registration of ".ar" Domain Names
On September 11th, 2019, NIC Argentina launched the registration of domain names under the extension ".ar", regulated by Resolution 45/2019 and Provision 201/2019 issued by the Legal and Technical Secretariat of the National Internet Domain Names Registration Office.
Click here to view the full report.
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Non-remunerative Allowance for Private Sector Employees
On September 25, 2019, the Necessity and Urgency Decree No. 665/2019 was published in the B.O., establishing a non-remunerative allowance in the amount of $ 5000, applicable to private sector employees.
Click here to read the full report (in Spanish).
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New Restrictions on Securities Trading and Transfers by Natural Persons
The Argentine Central Bank issued Communication "A" 6799, effective as from October 1, 2019, and clarified by Communication "B" 11892, which establishes new restrictions related to securities transactions carried out by natural persons.
Click here to view the full report (in Spanish).
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News on tax matters
By means of General Resolution 4581 publiched in the Official Gazette on September 18, 2019, the Federal Administration of Public Revenues established the requirements, terms and conditions that must be complied with by VAT registered taxpayers in order to request the VAT credit refund of their technical VAT balance or the VAT invoiced for the purchase, construction, manufacture, processing or definitive imports of capital assets.
Click here to view the full report (in Spanish).
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Partial regulation of the Knowledge Economy Promotional Regime
Through Decree 708/2019, published in the Official Gazette on October 16, 2019, the Executive Branch regulated Law 27,506 (B.O. 10/06/2019) on the Knowledge Economy Promotional Regime. The Decree empowers the Ministry of Production and Labor, designated as the implementing authority, to issue such clarifying and complementary rules as may be necessary for the application of the Regime.
Click here to view the full report (in Spanish).
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Public Emergency in Occupational Matters
On December 13, 2019, Decree of Need and Urgency No. 34 was published in the Official Gazette, declaring a Public Emergency in occupational matters for a period of 180 days as of the entry into force of the norm.
Click here to view the full report (in Spanish).
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Argentina Lifts Caps on Export Duties on Agricultural Products
This past December 14, 2019, the Argentine Government issued Decree 37/2019, which adjusts the formula to calculate export duties on exports of several agricultural goods (such as soybeans and their derivatives) and imposes new duties on other goods.
Click here to view the full report.
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Bill for social solidarity and productive reactivation in the framework of the public emergency
December 17, 2019: the National Executive Branch presented a bill to the National Congress that provides for a series of amendments in tax and customs matters.
Click here to view the full report (in Spanish).
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Argentine Emergency Bill - Tax and Customs Changes
December 17, 2019: the National Executive Branch presented a bill to the National Congress that provides for a series of amendments in tax and customs matters: Subscription of new Fiscal Consensus between National and Provincial Governments - Suspension of tax reductions. Regime for the regularization of national tax, social security and customs obligations for MSMEs. Regularization regime of tax debts in the Province of Buenos Aires for MSMEs.
Click here to view the full report.
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Emergency law: Fiscal aspects
On December 23, 2019, the "Social Solidarity and Production Reactivation Act within the Framework of the Public Emergency" was published in the Official Gazette under No. 27,541.
Click here to view the full report (in Spanish).
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Regulation of the Emergency Law: Fiscal and customs aspects
On December 28, 2019. the Executive Branch published in the Official Gazette Decree No. 99/2019, through which it regulates certain aspects of the "Social Solidarity and Production Reactivation Act within the Framework of the Public Emergency" No. 27,541.
Click here to view the full report (in Spanish).
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Knowledge Economy Promotional Regime - AFIP Regulations
Through General Resolutions published in the Official Gazette on December 30, 2019, the Federal Administration of Public Revenues (AFIP) regulated benefits that can be accessed by subjects reached by the "Knowledge Economy Promotional Regime".
Click here to view the full report (in Spanish).
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Social Solidarity and Productive Reactivation Act - Labour aspects
On December 23, 2019, Law No. 27,541 (known as the Argentine Social Solidarity and Productive Reactivation Act within the Framework of the Public Emergency) and Decree No. 58/2019, which promulgated it with an observation in article 52 of the regulation, were published in the Supplement to the Official Gazette. Decree No. 99/2019, regulating the above-mentioned law, was also published on 28 December 2019.
Click here to view the full report (in Spanish).
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Uniform minimum wage increase
On January 4, 2020, Decree No. 14/2020 was published in the Official Gazette. The norm has been issued invoking the powers conferred to the National Executive Branch by Law 27.541, within the framework of the Public Emergency in economic and social matters declared therein.
Click here to view the full report (in Spanish).
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Tax Regulations for an Inclusive and Supportive Argentina (PAIS)
On January 7, 2020, General Resolution No. 4659/2020 was published through which the Federal Administration of Public Revenues ("AFIP") regulates the "Tax for an Inclusive and Supportive Argentina".
Click here to view the full report (in Spanish).
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New Incoterms 2020
On January 1st, 2020, a new version of the "rules for the use of domestic and international trade terms" -commonly known as "Incoterms®"- came into force. The Incoterms® were originally issued in 1936 by the International Chamber of Commerce (ICC), who usually introduces changes to the same based on the international trade experience.
Click here to view the full report.
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Non-automatic import licenses
Through Resolution No. 1/2020 (B.O. 08/01/2020) the Secretariat of Industry, Economy and Foreign Trade Administration, of the Ministry of Productive Development, extended the list of goods that require non-automatic import licenses and modified the procedure to apply for them, as well as their term of validity.
Click here to view the full report (in Spanish).
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Tax on receivables and payables
On January 17, 2020, General Resolution No. 4665/2020 was published through which the Federal Administration of Public Revenues ("AFIP") regulated the increase of the tax on bank credits and debits established by Emergency Law No. 27,451 (B.O. 23/12/2019), for debits generated by cash withdrawals in accounts held by legal entities.
Cick here to view the full report (in Spanish).
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Payment of Dividends Abroad
On January 16, 2020, the Argentine Central Bank issued Communication "A" 6869 that establishes an exception to the requirement, initially imposed by the Central Bank on September 1, 2019, of obtaining the Central Bank's prior approval to access the local foreign exchange market for payment of profits and dividends to foreign shareholders.
Click here to view the full report.