By preventing professional companies from being established as SAU or SAS, the IGJ seeks to guarantee that these companies have the necessary organizational and patrimonial structure.
The IGJ resolution will come into force as of January 1, 2024.
Through the General Resolution 16/2023 of the General Inspection of Justice (IGJ), published in the Official bulletinthe impossibility of professional societies being established was ruled as sole proprietorships (SAU) or simplified joint stock companies (SAS).
The IGJ ruled that SAUs and SAS are not corporate types that fall under in the conditions and characteristics required to be registered as professional associations.
The resolution was based on the following arguments:
- The Regulation of Professional Societies issued by the Professional Council of Economic Sciences of the Autonomous City of Buenos Aires (CPCE CABA) establishes that professional associations must be integrated by more than one professional and that its objective must be to provide graduates who are part of the association with the administrative and organizational support necessary for the provision of professional services.
- He Code of ethics of the CPCE CABA regulates that associations between professionals, established to develop professional activities, must be dedicated, as such, exclusively to said activities.
- General Resolution (IGJ) No. 7/2015 establishes that there is no limitation of liability of the social type adopted for professional practicein accordance with the ethical and professional standards that impose personal responsibility for the exercise of the profession.
The objective of the measure
The IGJ resolution aims to protect professionals and users of their services. By preventing professional companies from being established as SAU or SAS, the IGJ seeks to guarantee that these companies have the organizational and patrimonial structure necessary for professional practice, as well as that the professionals who comprise them are personally and unlimitedly responsible for the acts they carry out in the exercise of their profession.
The IGJ resolution will come into force as of January 1, 2024. Professional companies that are already established as SAU or SAS must adapt their corporate type to one of the types accepted by the resolution before that date.
Source: Ambito
