Protection Regime To The National Domain On The Ownership, Possession Or Ownership Of The Rural Lands.

Original Language Title: Régimen de Protección al Dominio Nacional sobre la Propiedad, Posesión o Tenencia de las Tierras Rurales.

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LAND rural land rural Law 26.737 regime for protection of national dominance over the ownership, possession or ownership of the rural lands. Adopted: 22 December 2011 promulgated: December 27, 2011 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: regime of protection to the domain national on the property, possession or holding of the land rural chapter I scope territorial and personal of the law article 1º - this Act applies throughout the territory of the nation of Argentina, as a matter of public order. Must be observed according to the respective jurisdictions, by the authorities of the federal, provincial and municipal governments, and shall apply to all natural and legal persons which, by itself or by any person, holding rural land uses or production agricultural, forestry, tourist or other uses; For the purposes of this law means all property located outside the urban ejido rural land, regardless of their location or destination.

Chapter II object article 2 - configure the object of this law: to) determine the ownership, cadastral and ownership, of the situation of possession, under any title or situation of rural land, and establish the obligations that arise from the domain or possession of such lands, according to the provisions of this law; (b) Regular, with regard to them people physical and legal foreign, the limits to the ownership and possession of lands rural, any is its destination of use or production.

Chapter III of the limits to the foreign domain on the property or possession of rural land article 3º - for the purposes of this Act, shall include as foreign ownership of property or possession of rural land, any acquisition, transfer and assignment of rights of possession, whatever form, denomination that impose you the parties (, and temporary extension of them, in favor of: to) individuals of foreign nationality, whether or not their real domicile in the territory of the nation of Argentina, with the exceptions laid down in article 4 of this law; (b) legal persons, according to the framework laid down in article 32 of the Civil Code, incorporated under the corporate laws of the nation of Argentina or abroad, whose share capital, in a proportion greater than fifty-one percent (51%), or necessary proportion to social majority will regardless of the stock percentage, is owned by natural or legal persons of foreign nationality , under the conditions described in the preceding paragraph. Any modification of the share package, by public or private instrument, shall be notified by the legal person to the national registry of rural land, within a period of thirty (30) days of produced the Act, for the purposes of the controller of the compliance with the provisions of the law. They are also included in this article: 1. legal persons, whatever their social typicity, who are in the position of controlled by any corporate form or foreign cooperative, in accordance with the definitions provided for in this law, in more than twenty five percent (25%), or have the votes needed to control the corporate will regardless of the stock percentage. 2. those people physical or legal foreign that without accredit formally quality of partners act in a society as if it were. 3. the societies which have issued corporate bonds or debentures and this allows its legitimate holder enhancing on their stock holdings or turn them into actions by a percentage greater than twenty-five percent (25%), or be allowed to form majority social will regardless of the stock percentage, and whether natural persons or legal foreigners, in accordance with the definitions provided for in this law. 4. when transferring the property, under any of the forms provided for in the laws, pursuant to a contract of trust whose beneficiaries are natural persons or legal foreign percentage higher than the authorized in the previous paragraph. 5. the societies of accidental involvement, collaboration groups and unions transitional companies, according to the regulation of the companies Act, and any other form of business collaboration from accidental and temporary character that is regulated in the future, when in participating individuals or legal foreign percentage higher than the authorized under this law; (c) legal entities of public law of foreign nationality; d) simple associations under the terms of article 46 of the Civil Code or companies in fact, on an equal footing with respect to their social capital to those provided for in subparagraph (b)) of this article.
Article 4. - are exempted from the application of this law, the following natural persons of foreign nationality: to) those who have ten (10) years of continuous, permanent and proven residence in the country; (b) those who have Argentine children and demonstrate a proven, continuous and permanent residence in the country of five (5) years; (c) those who are United in marriage with citizen/Argentine with five (5) years prior to the creation or transfer of the relevant rights and prove continuous residence, proven and permanent in the country by the same term.
Article 5º - regulation will determine the requirements that must be observed by foreign legal and natural persons to demonstrate compliance with the provisions of this law, being in charge of the enforcement authority control and execution.
Article 6º - is prohibited any interposition of physical people of Argentine nationality, or legal persons constituted in our country, for the purposes of setting up a figurative national ownership for infringing the provisions of this law. This will be considered an illegal and fraudulent simulation.
Article 7º - all legal acts concluded in violation of provisions of this law will be total, absolute and irreparably, nullity without the right to claim any compensation for the benefit of authors and participants of the antijuridico Act. Participants who make the land or granting instruments, public or private, that conformaren the antijuridico Act, which will respond in solidarity and personal way with their heritage for the harmful consequences of these acts will be considered for the purposes of this provision. The implementing authority is empowered to examine legal acts according to its real nature, without attached to the name that impose you preference-giving parties.
Article 8º - is set to fifteen percent (15%) the limit to all ownership of domain or possession of rural land in the national territory, with respect of persons and cases regulated by this chapter. Such percentage will be calculated also on the territory of the province, municipality, or equivalent administrative entity in which is located the rural property.
Article 9º - any natural or legal persons of a foreign nationality, shall exceed thirty percent (30%) of the percentage assigned in the previous article to ownership or foreign possession on rural land.
ARTICLE 10. -Rural land of a same foreign proprietor shall not exceed the thousand hectares (1,000 has) in the area core, or equivalent area, according to the territorial location. That equal acreage will be determined by the Interministerial rural land Council laid down in article 16 of this law, according to the following parameters: to) the location of rural land and their proportion with respect to the municipality, Department and province that integrate; (b) the capacity and quality of rural land for their use and exploitation. The enforcement authority, for the purposes of the grant of the certificate of qualification, must control the amount of rural land holder the acquirer person possess either. Likewise, prohibits the ownership or possession of the following properties by foreign persons defined in article 3 of this law: 1. which contain or are coastal bodies of water of major and permanent. 2. real estate located in areas of border security with the exceptions and procedures established by the Decree-Law amended by law 23.554 15.385/44.
ARTICLE 11. -For the purposes of this Act and in accordance with bilateral treaties of investment (TBI) signed by the Republic of Argentina and are current to the date of entry into force of this law, is not understood as investment the acquisition of rural land, because it is a natural resource not renewable provided by the host country.
ARTICLE 12. -The owners or possessors of rural land, physical or legal persons, that obligation the condition of foreigners, shall within the period of one hundred and eighty (180) days, from the date of entry into force of the regulation of this law, proceed to the complaint to the national registry of rural land, provided by article 14, of the existence of such ownership or possession.
ARTICLE 13. -The acquisition of a rural property located in security zone by a person covered in this law, requires the prior consent of the Ministry of the Interior.

Chapter IV of the register national rural land article 14. (- Created the national registry of rural land in the area of the Ministry of Justice and human rights, integration of the Ministry of agriculture, livestock and fisheries of the nation, which shall be the Authority's application with the following specific functions: to) carry the registration of data concerning rural land of ownership or foreign possession in terms of this Act; b) require the competent provincial agencies in registration, cadastre and registration of legal persons, the information necessary for the performance of its functions; (c) issuing certificates of qualification of any act by which possession or property rights in rural land in the cases covered by this law are transferred. Enabling certificates will be regulated by the regulations of this law and shall be kept by the notary public or judicial authority intervening; (d) exercise control over compliance with the present law, with active legitimization to prevent administrative, or claim the annulment in courts, of the acts prohibited by this Act.
ARTICLE 15. -Provides the realization of cadastral, property survey and registration of legal entities that determine the property and ownership of farmland, according to the provisions of this law, which will take place within a period of one hundred and eighty (180) days of creation and implementation in functioning of the national registry of rural land.

Chapter V of Council Interministerial rural land article 16. -Create the Inter-Ministerial Council of rural land, which will be chaired by the Ministry of Justice and human rights and formed by the Ministry of agriculture, livestock and fisheries, by the Secretary of environment and development sustainable of the Cabinet of Ministers, the Ministry of defence and the Ministry of the Interior, with representatives of the provinces (, which will have the following functions: to) direct actions for compliance with this Act; b) implement the national policy on rural land; c) seek the cooperation of organizations of the Administration centralised and decentralised from the national Government and the provinces; (d) determine the equivalence of surfaces of the territory referred to in article 10 of this law, on the basis of technical instruments drawn up by the competent official bodies.
ARTICLE 17. -This Act does not affect acquired rights, and its provisions will enter into force the day following its publication.
ARTICLE 18. -Clause transient: all acquisition, transfer, assignment of rights possession, any is it form, denomination and extension temporary that you imposed them parts, in favor of people physical or legal foreign in them terms of the article 3 °, that is perform in the period understood between the entry in force of it law and its regulation by the power Executive national, is reached by them provisions of the present law and subject to them consequences planned in the article 7 °.

Date of publication: 28/12/2011