Monthly Archives: March 2012

Legal Opinion

Legal Opinion

Legal Opinion Lawyer Argentina:Legal Opinion Buenos Aires Attorney

Legal opinion letters are required in many types of transactions. Financial institutions request them before they make loans to businesses. Purchasers of businesses or real estate may require the seller to deliver a legal opinion letter before closing the transaction. Supporting legal opinion letters may be required in connection with the sale of stocks or bonds. Many transactions with governmental entities require legal opinion letters. Legal opinion letters typically address matters such as legal authority and the enforceability of the agreements being entered into, and may also include industry specific legal opinions.
Our lawyers have the experience and reputation to issue legal opinion letters in all types of transactions. They know which types of opinions should be issued and which should not. Our lawyers can help you get your transaction to close, while protecting you from unreasonable demands from the other side of the transaction.

Argentina Residency and Citizenship for Individuals and Families

We assist individuals and families in their efforts to relocate to Argentina and obtain Argentinian  residency and citizenship. We manage and oversee a team of local Argentinian service providers to ensure that our clients’ applications are filed properly and that all follow up work with the Direccion Nacional de Migraciones (DNM) is handled in a timely and cost-effective manner.

Our services are catered to clients who wish to rest comfortably knowing that Argentinian licensed attorneys are monitoring their immigration status.

Our package includes:
• Reviewing all necessary documentation by an Argentinian licensed attorney in conjunction with our local team of immigration experts.
• Scheduling of all necessary appointments with the DNM.
• Obtaining certified translations of all documents.
• Obtaining notary stamps on all documents from licensed escribanos (notary publics).
• Ensuring that all documents are properly registered with the civil registry.
• Accompanying you to the DNM to submit your residency application.
• Tracking your residency application and immigration status.
• Accompanying you to government offices to apply for your temporary National Identification Card (Documento Nacional de Identidad).
• Responding to any additional requests by the DNM.
• Obtaining necessary follow up documentation, translations and notary stamps.
• Updating your residency application.
• Accompanying you to government offices to apply for your permanent National Identification Card (Documento Nacional de Identidad).

Residency Process

An Overview of the Residency Application Process

Kier Joffe takes great pride in walking its clients through each step of the application process. At no point will you be left to fend for yourself and you can rest assured knowing that your application is being managed by an Argentinian licensed attorneys in conjunction with our team of local experts.

A general overview of the residency application process is as follows:

Proving Identity
The applicant must gather his or her certified birth certificate and, if applicable, a certified marriage (or dissolution of marriage) certificate. These documents must be either “apostilled” or “legalized” depending on which country issued the document.

Criminal Background
The applicant must obtain police reports from the applicant’s country of birth, countries of citizenship and each place of residency over the last 5 years. Police reports must be either “apostilled” or “legalized” depending on which country issued the document.

Proof of Income
The applicant must demonstrate that his or her income level is sufficient to cover his or her living expenses, including those of any dependents. Generally, this requires a notarized letter from the applicant’s lawyer or accountant certifying that the applicant has sufficient levels of income. Our staff will work in conjunction with your lawyer or accountant to draft the necessary language.

Traveling to Argentina and Submitting Your Application
All applicants must travel to Argentina to apply for residency. Argentina does not require an entry visa for any passport holder from the OECD or from any South American country if the visitor’s stated purpose is tourism. As a result, we highly recommend the applicant enter as a tourist.

Lastly, the applicant must physically appear before the local immigration office (DNM) to submit his or her application. Appointment times should be reserved at least three weeks before the desired dates. The moment the application is accepted by the DNM the applicant is considered a temporary resident.

A temporary resident is entitled to live and work in Argentina, much like a Green Card holder is permitted to live and work in the USA. Because of the overwhelming number of residency applicants, it now takes approximately 1 to 2 years for temporary residents to be granted their permanent residency. Permanent residents need only visit Argentina once every 3 years to maintain their permanent residency status. Please note that the DNM requires that applicants actually reside in Argentina in order to be granted permanent residency.

Why should I choose Kier Joffe to assist me with my residency application?

The answer is the professional and personalized service you will receive from our attorneys in conjunction with our team of local Argentinian service providers.  We have found our services in demand by those applicants who do not wish to micromanage the affairs of Argentinian service providers who often lack the diligence and competence our clients are accustomed to. Our law firm has located the best and most diligent native residency experts so our clients will not suffer unnecessary delays in their application.

Free, confidential consultation
We understand how daunting it can be to choose a lawyer in Argentina from another country. Please feel free to contact us with any questions, or to discuss retaining our legal services.
We offer a free initial consultation on your legal matter, with full protection of attorney-client confidentiality.

“Give us a call today, or just fill out the Quick Contact Form on the right, and we will get back to you.” 

USA: +(1) 212.300.6377
ARG: +(54) 115.218.3100

Elias Kier Joffe
Managing Partner

Attention! We cannot represent citizens of the following countries unless a retainer of $95 USD is paid by credit card prior to any consultations:  Afghanistan, Albania, Algeria, Bahrain, Bangladesh, China, Egypt, India, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Nigeria, Oman, Palestine, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, Turkey, United Arab Emirates, and Yemen.

Argentina Divorce Attorneys Buenos Aires Divorce Lawyers

Argentina Divorce Attorneys Buenos Aires Divorce Lawyers Law Firms

Argentina Divorce Attorneys Buenos Aires Divorce Lawyers Law Firms


Argentina Divorce Lawyer Buenos Aires Divorce Attorney

Consult with a Proven Buenos Aires Divorce Lawyer in Argentina

The proven Buenos Aires family lawyer professionals at the Kier Joffe law firm are experienced in the effective resolution of family lawsuits as related to familial disputes or child custody issues. Buenos Aires family attorney professionals are knowledgeable in all areas of general family law, including but not limited to divorce proceedings, child custody and foster care claims in Buenos Aires Argentina.

Contact a Buenos Aires Family Attorney with

Experience Litigating Many Types of Family Related Incidents:

– Adoptions
– Child Abuse and Neglect
– Child Custody
– Child Support
– Child Welfare
– Civil Unions
– Divorce
– Family
– Foster Care
– Juvenile Criminal
– Legal Separation
– Paternity
– Surrogacy
– Visitation Rights

As a branch of civil law, Argentina family law involves the legal issues pertaining to the relationships among family members. Buenos Aires family law encompasses a broad scope of issues, including adoption, child custody, divorce, domestic violence, juvenile dependency and delinquency, property rights, support obligations, visitation rights and paternity. Family law courts are governed at the state level, so the laws and regulations may vary by state.

The grounds for divorce depend on the state, and may be based on no-fault or fault. A no-fault divorce is available in some form in all 50 states; many states also have fault-based grounds as an additional option. A no-fault divorce is one in which neither the husband nor the wife officially blames the other for the breakdown of the marriage. Common bases for no-fault divorce are “irreconcilable differences,” “irretrievable breakdown” or “incompatibility.” Another common basis for no-fault divorce is that the parties have lived separately for a certain period of time with the intent that the separation be permanent. The list of grounds for a fault-based divorce may include: adultery, physical cruelty, mental cruelty, attempted murder, desertion, habitual drunkenness, use of addictive drugs, insanity, impotency, and infection of one’s spouse with venereal disease.

If the parents cannot agree on custody of their child, the courts decide custody based on “the best interests of the child.” Determining the child’s best interests involves many factors, no one of which is the most important factor. All 50 states have adopted child support guidelines. Some states use tables that indicate a support amount for different ranges of income, similar to tax tables. Although some states base support on the payor’s income, many states use an income shares model, which is based on the income of both parents.

Adoption is the process by which a legal parent-child relationship is created between individuals not biologically parent and child. In most cases, adopted children may inherit on an equal basis with biological children under state laws of distribution upon death of a parent. In some states, doctrines of “equitable adoption” allow courts to recognize adoptions when not all statutory procedures have been carried out.

A Buenos Aires family lawyer is knowledgeable in all areas of family law, and understands the strain that disagreements in the household place upon a family. The Buenos Aires family attorney professionals at Kier Joffe law firm are available for counseling in these delicate situations.

The Buenos Aires Divorce Lawyer Source in Argentina

The Buenos Aires family attorney professionals of Kier Joffe law firm are distinguished by a history of successful family claim recoveries and resolutions. If your family is involved in a dispute or disagreement case, please call a Buenos Aires family lawyer with the Kier Joffe law firm in Argentina.

Foreign Holding of Rural Lands in Argentina

Millionaire businessmen, magnates and multinational corporations are all buying up huge areas of land in Argentina. Making the most of the cheap prices and lack of restrictions they now own a significant percentage of Argentine soil. A new law is being introduced to help limit the dominance of foreign holding of rural lands buyers.  The new bill is called ‘Protection of National Dominium of Property, Possession or Holding of Rural Lands (in Spanish, Protección al Dominio Nacional sobre la Propiedad, Posesión o Tenencia de las Tierras Rurales). The President Christina Fernández has decided to urgently push this bill through that will impact the investments of foreign magnates.

The law will limit the control of foreign holding of rural lands to 20%. The law will affect rural land that is already been bought by foreign investors. Non-Argentine owners will be given 180 days to report their possessions to the government. A new National Register of Rural Lands will also be created that will keep a record of land ownership and the nationalities of owners. So why should the government defend the ownership of the rural areas? The government argues that land is a non-renewable resource that is different from normal types of investments. Nevertheless, the main reason for introducing such a radical and protectionist law is the sheer number of hectares owned by foreigners in Argentina.

The worst foreign holder of rural land ‘offender’ is Luciano Benetton, owner of the famous Benetton fashion brand, who possesses one million hectares in Patagonia: is the size of a small country. When Benetton bought the land it caused huge controversy and brought the issue to the attention of the Argentine public and media. Another foreign owner of Argentine land is Douglas Tomkins, a multimillionaire American and ecologist. Tomkins owns 350,000 hectares in Corrientes, Santa Cruz, Neuquén and Tierrra del Fuego. He does put the land to good use: implementing areas of preservation and conservation, however many Argentines feel it unfair that a foreigner could have so much dominium in their country.

Other famous foreign owners of Argentina include; Englishman Joe Lewis owns 18,000 hectares in Río Negro and American Ted Turner owns 5,000 hectares in Neuquén and Tierra del Fuego. It isn’t just millionaire individuals buying up rural areas: in recent years, Arab and Asian corporations have also jumped on the bandwagon. For instance, the Chinese corporation Heilongjiang will use 330,000 hectares of land in Río Negro to produce food products for export.

The new law will limit the percentage of ownership and prevent foreigners from buying more than 1000 hectares in any one place. The bill is similar to legislation in force in the UK and USA.

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

Argentina Real Estate Market

The Argentine housing market, along with many other parts of the economy, has seen some interesting ups and downs in the last decade. Following the 2002 crisis, the housing market benefited greatly for two reasons: First, as people had lost their faith in the financial market, the started pouring their financial resources into real estate. Secondly, construction costs that were measured in dollars fell dramatically, due to devaluation.

Unlike the 1990s, when demand was mostly stimulated by mortgages, the early 2000s saw many purchases being made in cash. The buyers and builders came from all sorts of different economic sectors, and they all saw a positive revenue flow as a result.

Today, all of these conditions have, once again, changed dramatically. Not only is Argentina is in the midst of economic and political uncertainty, but the mortgage advertisements have made little to no impact, as that credit simply isn’t available. And given the recession, people are less willing to turn their cash into bricks, preferring to retain liquid assets until the political and economic situations develop further. Many have expected a devaluation of the peso after the election, and, furthermore, nobody can tell how long the recession will last.

If the peso continues to fall, so will the salaries of those working in exportation sectors. However, if the dollar falls, it will become increasingly difficult to put any stock in the current dollar prices that apply to the real estate market.

Currently, the market is hampered because most people won’t accept that their home or property is worth less than they think it is, or less than it should be, which is the case for so many. On the other hand, it is important to remember that the market is what dictates these values, and the real price of assets can fluctuate from day to day, or month to month.

So property owners can maintain that their property is worth, say, USD 500,000, but if there are no buyers, then what can be said of that value? At the same time, those who did buy property in recent years are in a great situation, because they have no mortgage companies urging them to sell. They can hang on to their properties longer, assuming the costs of maintaining that asset don’t change too much (taxes, etc.).

If people do not have the resources to buy a place of their own, then, there is always the option to rent. Costs, however, are not so agreeable, and it is increasingly difficult to find people who can actually afford the asked rent. In short, the Buenos Aires real estate market isn’t dynamic because the prices simply do not meet the demand, both in properties for sale and for rent.

But looking at the near future, we can consider the following: 1) given the lack of money currently circulating and available, we can expect the emergence of mortgages that are actually realistic for potential buyers, which will, in turn, invigorate the market. And 2) an increase in the exchange rate will decrease the price per square meter, again, stimulating the housing market.

So it is important to realize that the market can only truly be unlocked if people are willing to accept that all assets have lost some value in Argentina, and the situation will only change if we look at long-term growth. Unfortunately, many are not willing to look at the long-term situation due to the political and economic uncertainty, but it is absolutely necessary in order to move forward into healthier, more prosperous times.

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.