We invite you to read this article if you want information about insolvency and bankruptcy procedures in Argentina. If you find yourself in the situation of closing your business and want legal assistance, our lawyers in Argentina can guide you. We can explain the legal procedures and represent you before the relevant authorities.
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Key facts about insolvency and bankruptcy in Argentina
The Bankruptcy and Insolvency Law is the legal framework in Argentina for business closure. This law provides information and procedures linked to bankruptcy and insolvency. Let’s see what each means:
- Insolvency – This happens when a business owner no longer meets his financial obligations. This means that he/she cannot pay the debts of the company and neither can the employees. In this case, company assets can be sold to pay off debts and file for insolvency.
- Bankruptcy – When the company becomes insolvent, it can be called bankruptcy. In this case, the court of law can intervene, which can decide on the company assets and how the debts can be paid.
How is the voluntary insolvency done in Argentina?
Voluntary insolvency, called “concurso preventivo” in Argentina allows the continuation of a company’s activities, but applying restructuring methods. This involves reorganizing the business to avoid winding up the company in Argentina. Moreover, business owners must draw up a plan that includes new payment terms for creditors in order to continue with their activities. You can learn more about voluntary insolvency in Argentina from our Argentine lawyers.
How liquidation of debts takes place in Argentina
“Quiebra” is known as the formal procedure for bankruptcy in Argentina. Here’s what it entails:
- The process starts with a petition for liquidation made in a court of law.
- A liquidator must be appointed to sell the company assets. In some cases, a trustee can be appointed by the court to supervise the liquidation process in Argentina.
- Once sold, the liquidator makes sure the company’s debts are paid.
What is out-of-the-court restructuring in Argentina?
In bankruptcy cases, restructuring or reorganization is required. Here we can talk about out-of-court restructuring. Here’s what this means:
- Out-of-the-court restructuring is an arrangement between the debtor and the creditor when the court approves a plan.
- Both debtor and creditor must agree on provisions and measures of company restructuring, however, judicially permitted.
- Also called “acuerdo preventivo”, the out-of-court restructuring enters into force as a plan or formal judicial reorganization of a bankrupt company in Argentina.
About the investment climate of Argentina
If you want to do business in Argentina, we invite you to read the following information to get an idea of the business and investment climate:
- The World Intellectual Property Organization’s Global Innovation Index ranked Argentina 73 out of 132 countries in terms of investments for 2023.
- Argentina’s direct investment overseas reached around USD 613.7 million, according to data for September 2024.
- Economic growth of approximately 6% in 2025 and an inflation rate of around 19% are expected.
Interested in other matters than insolvency and bankruptcy in Argentina? We can help you immigrate to Argentina, for instance. All the formalities related to residency in Argentina can be explained by our experts. Plus, if you want to get citizenship in Argentina, we are here to help. Please contact our law firm in Argentina and request information about the legal services we offer.