Proceedings Regarding Access to Public Information

On January 28, 2015, the “Inspección General de Justicia” (“IGJ”), in charge of the Public Registry of Commerce of the City of Buenos Aires, issued General Resolution No. 1/2015 (the “Resolution”). The aim of the IGJ is to reconcile and balance two constitutional rights: the constitutional right to access to public information and the constitutional right to obtain protection of personal data. The Resolution establishes which information is open to public access and therefore can be requested without submitting evidence of a “legitimate interest”, and which is restricted.

The Resolution states that the documentation filed by legal entities with IGJ is not per se public information open to free and unrestricted access. Therefore, the Resolution distinguishes between documents and information of public interest –which are available to the public– and those exclusively pertaining to individuals –in which case, the claimant must demonstrate a legitimate interest.

Accordingly, the information open to public access is as follows:

1) Regarding companies, including Argentine and foreign companies:

1. Full name of the partners of Argentine companies, except for corporations and limited partners of limited joint-stock companies; including the subsequent updates, as registered with IGJ.
2. Date of incorporation of the company.
3. Legal domicile registered with the IGJ.
4. Corporate capital.
5. Members of the board of managers, board of directors or attorney–in-fact, as registered with the IGJ.
6. Member of the board of Statutory Supervisors, as registered with the IGJ.
7. Date of closing of the financial/fiscal year.
8. Information regarding the registration with the IGJ of the incorporation of the company; number of registration, number of Book and Volume of said registration with the IGJ.
9. Duration of the company.
10. Dates of amendments of the company’s by-laws.
11. Existence of in rem rights on company’s quotas.
12. Bankruptcy of a company, its partners, directors or managers, attorneys-in-fact or members of the board of the statutory supervisors.
13. Precautionary measures affecting the company.
14. Precautionary measures affecting the company’s shares or quotas, the amendment or lifting of said measures.

2) Regarding non-profit organizations:

1. Full name of founders or incorporating partners, also with all the additional subsequent updates.
2. Date of incorporation of the legal entity.
3. Legal domicile registered with the IGJ.
4. Initial capital.
5. Members of the Board of administration, as registered with the IGJ.
6. Members of the Board of statutory Supervisors registered with the IGJ.
7. Date of closing of the financial/fiscal year.
8. Information regarding the IGJ Resolution approving the authorization of incorporation of the non-profit organization.
9. Duration.
10. Dates of amendment of by-laws.
11. Injunctions affecting the legal entity.

In the event any other kind of information is required, the IGJ will analyze in detail if each case needs to evidence a legitimate interest.

This resolution came into force on January 31, 2015.