Knowledge Economy: expansion of the scope of certification and obtaining the certificate. Modifications to the Operational Regulations.

Legal News - August 4, 2023

On 02.08.2023, the Secretary of Knowledge Economy, under the Ministry of Economy, issued Resolution No. 498/2023 (Resolution 498), published today in the Official Gazette of the Argentine Republic and effective as of its publication. This resolution introduces modifications to the Operational Regulations for the “Certification of Argentine Knowledge Economy Companies” (OR), approved by Section 2 of Resolution No. 292/22 of 19.12.2022 (Resolution 292) issued by the same Secretariat, and the obtaining of the corresponding certificate.

In order to contribute to the consolidation of knowledge economy companies, Resolution 498 broadens the scope of the initiative and mainly provides:

  1. To modify the name assigned to the certification and certificate by Resolution 292, replacing it with “Argentine Certification for Knowledge Economy Companies” and “Argentine Certificate for Knowledge Economy Companies.”
  2. To replace Section 4 of the OR. Accordingly, the new wording of the article extends the recipients of the certification by incorporation Sole Proprietorship Companies.
  3. To replace Section 5 of the OR. Consequently, through Resolution 498: (i) the requirement established in section 1 of Section 5 of the OR was eliminated, which stated that recipients seeking to obtain the certificate must prove to be made up of national capital, owned directly or indirectly by natural or legal entities established in the country that directly or indirectly own not less than fifty-one percent (51 %) of the capital that integrates it; and (ii) added to the provisions set forth in Section 5 of the OR in order to obtain the certificate, the requirement to be registered before the Federal Public Revenue Administration (FPRA) under certain codes of the Classifier of Economic Activities (CEA) listed in Annex II of Resolution No. 268/22 (Resolution 268) of the Secretary of Knowledge Economy, or any future replacement, related to the development of products or the provision of services related to the activities contemplated in Section 2 of Law No. 27.506 and its amendments.Consistently with what was established in point 3, the documentary requirement related to the shareholding composition, set forth in section “g,” subsection 2, Section 6 of the OR, was eliminated in order to allow access to the certificate by recipients who comply with the other conditions and requirements established in the OR.

You may access to the Resolution 498 at the following link: https://www.boletinoficial.gob.ar/detalleAviso/primera/291552/20230804

Liban Angel Kusa: liban.kusa@bruchoufunes.com
Nicolas Nogueira Castellini: nicolas.nogueira.castellini@bruchoufunes.com
Antu Aguilar: antu.aguilar@bruchoufunes.com
Luciana Rodríguez: luciana.rodriguez@bruchoufunes.com
Juan Salvador Mayedonchi: juan.mayedonchi@bruchoufunes.com
Ezequiel Lipovetzky: ezequiel.lipovetzky@bruchoufunes.com
Pablo Martin Muir: pablo.muir@bruchoufunes.com
Daniela Rey: daniela.rey@bruchoufunes.com
Maximiliano Yudica Bartels: maximiliano.yudica.bartels@bruchoufunes.com

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