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Legal Newsletter - March 2024

Relevant News

  • International Treaty for the Exchange of Tax Information (FATCA)
  • Money Laundering
  • Companies’ Minimum Share Capital
  • Relaxation of Requirements for the Registration of Foreign Companies
  • Reversal of Offshore Exploration Permits

LEGISLATION

International Treaty – FATCA

On March 13th 2024, in accordance with Law N° 24.080, it was published in the official gazette the International Treaty executed on December 5th 2022 by the Argentine Republic and the United States of America regarding the improvement of international tax compliance based on mutual assistance and automatic exchange of tax information, and implementation of “FATCA” (Foreign Accounts Tax Compliance Law).

Law 27.739 – Amendment to Criminal Law regarding Money Laundering

Law N° 27.739 amends National Criminal Code regarding money laundering and financing of terrorist acts. Among others, the Law aggravates criminal consequences, includes digital assets, set forth a long list of subjects obliged to report to the Financial Information Unit (UIF) and creates a unified public registry for ultimate beneficial owners under the scope of Tax Authority (AFIP)

Resolutions 42/24, 48/24 and 49/24 – Information Obligations regarding Money Laundering

By means of Resolutions N° 42/2024, 48/2024 and 49/2024, the Financial Information Unit (UIF) set forth the minimum requirements for the identification, evaluation, monitoring, administration and mitigation of money laundry risks to be adopted and applied by attorneys, accountants and notaries acting on behalf of their clients within the transactions provided therein, as per their information obligations to UIF in accordance to Subsection 17, Section 20, Law 25.246.

Resolution 56/24 – Suspicious and Unusual Operations regarding Money Laundering

By means of Resolution N° 56/2024, the Financial Information Unit (UIF) amends previous resolutions by replacing the definition previously provided to the terms “Suspicious Operations” and “Unusual Operations” regarding money laundry and report obligations. The Resolution also amends previous UIF Resolution N° 76/2019 regarding the, among others, the content, extent and deadline regarding “Suspicious Operations” and “Unusual Operations” report obligations.

Decree 209/24 – Companies’ Minimum Share Capital

By means of Decree N° 209/2024, the Executive Branch set forth that companies’ share capital, upon their incorporation, shall be no less than Pesos Thirty Million (AR$ 30.000.000).

Resolution 10/24 – Amendments to the Registration of Foreign Companies

By means of Resolution N° 10/2024, the Superintendence of Corporations (“IGJ”) abrogates previous General Resolution N° 8/2021 which provided a strict regime to be complied by foreign companies registered within the City of Buenos Aires, and consequently partially amends previous General Resolution N° 7/2015 regarding same.

LATEST NEWS IN THE HYDROCARBON SECTOR

Resolutions 27/24, 28/24 and 32/24 – Reversal of Offshore Exploration Permits

By means of Resolutions N° 27/2024, 28/2024 and 32/2024, the Secretary of Energy declared the extinction of the offshore hydrocarbon exploration permits over Areas MLO_113, MLO_117 and MLO_118 previously granted within the framework of the International Public Offshore Bidding N°1, and reversal of same in favor of National State. In all cases, the extinction was a consequence of the voluntary resignation by the parties holding the permits, in accordance with subsection b), section 81, Law 17.319.

Please, do not hesitate to contact us in case you have any further questions or comments:

Dámaris Martinez
Senior Associate
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+54 11 4326-7777

Leandro Martin Orts
Partner
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+54 11 4326-7777