The Argentine in the Twentieth CenturyMartínez, Alberto B.
History
The Argentine in the Twentieth Century
Martínez, Alberto B.
Argentina -- Commerce; Argentina -- Economic conditions; Finance -- Argentina
The constitution of public companies is subjected by the Commercial Code
to rigid formalities, in accordance with the most advanced principles of
universal legislation upon such matters, in order to assure their proper
operation as well as the interests of the shareholders.
The indispensable conditions of the formation of such companies are
the following: the number of associates must not be more than ten; the
capital of the venture, or its first issue, must not be less than 20 per
cent. of the total, and must be entirely paid up; the shareholders must
contribute 10 per cent. of the capital actually subscribed, a sum which
must be deposited in an official or private bank; the company must be
constituted for a fixed term, and must be authorised by the Government,
which cannot refuse its authorisation if the functions, organisation,
and articles of the company are in conformity with the code, and if its
object is not contrary to the public interests.
To gain the right to publish the prospectus appealing to possible
shareholders, the company must also conform to the following rules: it
must indicate the date of the provisional formation of the company,
must mention the place where the charter of the company was drawn up
and registered, and what journals have published the articles and the
Governmental authorisation; it must give details of the object of the
company, its capital, the number of shares, and the conditions of
subscription and payment; it must explain the exceptional advantages
claimed by the founders of the company, and convoke the subscribers to a
general meeting, which must take place within three months, at which the
company shall be definitively constituted.
The law formally forbids the founders of limited companies to reserve
any sum or advantage whatever, in the form of shares, debentures, or
founders’ shares, in exchange for concessions gratuitously granted by the
Government. It concedes them a maximum of 10 per cent. of the capital, or
10 per cent. of the realised and liquid profits during a term which must
not exceed ten years.
The founders or administrators of any company are responsible, jointly
and severally and without any limit, for all that has been done in the
name of the company up to the time of its definitive constitution,
without appeal against the latter, if it take place.
If the company be finally constituted, the expenses and the consequences
of all proceedings undertaken to that end by the founders will be charged
against the exclusive account of these latter, nor will they have any
resort or recourse to appeal against the subscribers.
Public-domain text, read in full here on John Shaqi.
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