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The Government will once again promote SAS, flexible companies that seek to simplify the creation of new businesses and SMEs - Infobae
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El Gobierno volverá a impulsar las SAS, las sociedades flexibles que buscan simplificar la creación de nuevos emprendimientos y pymes
Esta semana, la IGJ anunciará un plan de transición para que estas sociedades puedan volver a constituirse, obtener su registro, inscripción en AFIP y habilitación de libros digitales en un plazo máximo de 72 horas
www.infobae.com
April 08, 2024
This week, the IGJ will announce a transition plan so that these companies can re-establish themselves, obtain their registration, registration in AFIP and enable digital books within a maximum period of 72 hours.
According to official sources, the IGJ will also repeal general resolutions issued during the previous administration by which the SAS were required to comply with demands that the law creating these figures did not impose on them (Freepik)
The Government will give a new opportunity to the SAS, the Simplified Share Companies (SAS), which Mauricio Macri created and were left aside during the administration of Alberto Fernández.
It is a more flexible company formation format that seeks not to be so bureaucratic. The changes are in charge of the General Inspection of Justice, headed by Daniel Roque Vítolo , and would be published in the Official Gazette this Thursday, as confirmed to Infobae by official sources.
"Given the urgent need to provide entrepreneurs and SMEs with the possibility of resorting to this legal structure, during this week the IGJ will announce a transition plan so that the SAS can be easily and quickly re-established, so to be able to obtain your registration, registration in AFIP and authorization of digital books, within a maximum period of 72 hours,” the Government confirmed to this medium.
In parallel, the IGJ is preparing to repeal a series of general resolutions issued during the previous administration by which the SAS were required to comply with demands that the law creating these figures did not impose on them and that “had the sole purpose of discouraging and discourage businessmen and investors, preventing them from registering these companies at the national level,” he stated.
Mauricio Macri presented the SAS in 2018
Among the regulations that would be issued during the course of this week would be the immediate possibility of establishing SAS in 72 hours through two basic procedures. The first of them would be the incorporation of the company with the intervention of a notary with a digital signature, under a model statute provided by the organization on its website, or by a statute freely drafted by the partners. The second mechanism would be to establish the SAS via TAD (Distance Procedures) with a digital signature of all constituents, also under a model or freely drafted statute.
These procedures would be available starting Monday, April 15, and would have instructions that would be published on the websites of the organization and the professional associations.
Then, in the second half of May, a third alternative would be added to these two options, which will allow those who do not wish to resort to a public deed or do not have a digital signature, to also be able to establish a SAS by going to the IGJ offices where Their signatures will be approved by an authorized Inspector, under a shift system.
According to Government sources, there will be other measures to support the simplification and facilitation of the constitution and operation of the SAS. Between them:
- Suspend certain requirements in the edict publication regime.
- Accept the minimum share capital provided by law as sufficient for the constitution of the company without making any consideration in relation to the object pursued by the company.
- Allow computing the incorporation and registration expenses as part of the capital integration.
- Release SAS administrators from having to provide guarantees for the exercise of their functions.
- SAS with significant capital will not be considered within the permanent supervision regime of the organization.
- These companies will be freed from having to present balance sheets to the IGJ.
- The correction of electronic signatures will be allowed through ratification by the current partners of the company in the next procedure they carry out before the organization, without the need to resort to the founders.
comings and goings
Law 27,349 that created the SAS companies was voted unanimously in the Senate and by an overwhelming majority in the Chamber of Deputies in 2017, with favorable votes from across the political spectrum. In the first three years of operation, more than 10,000 companies registered with this format.“In trying to comply with the presidential instruction, the IGJ encountered the fact that the servers through which the constitution of these SAS companies was generated—which were housed in the area of the former Ministry of Modernization—the computer platforms that generated the procedure and the technical assistance contracts that supported the system were practically deactivated and down, as a consequence of a sustained boycott action during the four years of the previous government to discourage this type of companies, requiring no less than ninety (90) days—in the best of cases—to try to put the procedure back into operation,” the Government said.
According to official data, last year the Electronic Document Management System (GDE) classified 61 files with requests for the incorporation of SAS, of which only eight concluded with the registration of the company.
