Revindication of consignments and commercial paper- Liquidation and distribution.. Presentation of reports by the liquidator.. Criminal liability of bankrupt. Proceedings to classify the bankruptcy- Liability of debtor who enters into a composition and of other Discharge or reinstatement of bankrupt.... Special provisions for companies___ Provisions applicable to small bankruptcies_ Transitory provisions.. Trade marks_ Inhibitions in the law.. Use of a trade mark. FOREWORD To attempt to enter a foreign market without at least a reasonable working knowledge of the laws under which the entrant will be conducting his business may prove to be a costly experience. 66 Ignorance of the law excuses no man "either as to liabilities unwittingly incurred or profits lost, and while it is not the purpose of this monograph to attempt an exhaustive treatise of the laws of Argentina, it nevertheless will serve as a guide to the exporter who is seeking a practical exposition of those laws with which he will come in daily contact-the laws of commerce. The object of this compilation of laws is only to provide a practical handbook, and it should be borne in mind that to proceed without the advice of competent legal counsel would entail grave risk. The Bureau of Foreign and Domestic Commerce at all times has in its files lists of qualified American and foreign lawyers who specialize in this practice. This is but one of the many similar services available to the American public upon request to the Bureau. In Argentina, American goods and services of many varieties find a ready welcome and an expanding market of vast potentialities. Primarily an agricultural and cattle-raising country, it is rapidly developing its local industries in a wide range of manufactured products. The stability and maturity of its institutions and the sound business qualities of its people are attractive to American business, and to the exporter who enters the Argentine market properly prepared to meet intelligently all legal requirements will belong that freedom of action which is so highly prized by business men everywhere. This publication replaces Trade Information Bulletin No. 242 (1924) and Trade Promotion Series No. 74 (1929) issued by the Bureau under the same title; it was prepared under the supervision of Guerra Everett, Chief of the Division of Commercial Laws. All translations of excerpts from codes and laws were made or verified by the reviser, Henry P. Crawford, of the Division of Commercial Laws. The summary of the new Bankruptcy Law was prepared by Mariano H. Ramírez, formerly of the Division of Commercial Laws, and the chapter on Industry Property is the work of James L. Brown, of that Division. MAY 1935. CLAUDIUS T. MURCHISON, Director, Bureau of Foreign and Domestic Commerce. Checks. Companies under the Code of Commerce. Changes in contract of association. Liability of members as to third parties.. Right of the members to engage in business_ Sociedad en comandita (limited partnership). General characteristics.. Formation__ Company name.. Partial rescission of the contract of association_ Sociedad de responsabilidad limitada (limited liability company). 8 8 8 9 10 11 11 11 12 12 13 14 16 17 18 20 Companies under the Code of Commerce-Continued. Sociedad anónima (corporation)_ General characteristics____ Formation___ Government authorization_. Publication and inscription. Public subscription___ Liability of promotors and incorporators_ Name of corporation. Duration and domicile. Corporate books-Rubrication_ Capital and shares. Provisions for increase of capital. Nonresident shareholders _ Meeting of shareholders__. Directors.. Syndics.. Reserve fund and dividends_. Corporate accounts and reports. Government interference__ 55 56 Dissolution___ Registration__ Appointment of manager.. Revocation and precautions. Amendments to constitutive act.. Liquidation__ Right of corporation to issue bonds and debentures_. Expenses of incorporation.. Operation of foreign companies in Argentina_ Partnerships- Corporations_. Meaning of reciprocity. Application under law no. 8867 Application where no reciprocity exists_ Policy regarding registration__ Cost of registration__ Taxation___ When a foreign company must register. Companies doing business through an independent merchant_. Taxation. Relations between employer and employee. Law no. 11729, reforming articles 154-160 of the Code of Commerce.. Agency General considerations_ Managers (factores) - Contracts of a manager. Delegation of duties__ Obligations of principal and of manager. Comisionista or consignatario (commission merchant or consignee) 74 74 Acceptance of the commission or consignment.. 75 Powers of comisionista when orders and instructions have been 76 Powers of comisionista in absence of orders and instructions_ |