AUGUST 13, 2020

Resolución IGJ (G) N°35/2020: diversidad de género en los órganos de administración y fiscalización.

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Company Law Department Report | IGJ Resolution No. 35/2020: gender diversity in managing and auditing bodies

Dear Sir or Madam,

General Resolution No. 35/2020 of the General Inspection of Justice (IGJ), published in the Official Gazette today, complementary to IGJ Resolution No. 43/2020 (published on August 5th), sets forth gender diversity within managing and auditing bodies in non-profit associations, simple associations which request for their registration before voluntary register; corporations which are formed under or contemplated by Section 299 from Law No. 19,550, except for those provided in subsections 1, 2, and 7; foundations with a managing board and if applicable, an auditing board, setting a composition which respects gender diversity.

The new resolution modifies sections 2 and 9 from the prior, providing that it shall be applied to entities which, as of the effective date of this resolution, are already registered before the General Inspection of Justice, and that it shall be applied to all appointments of members of the managing bodies, and auditing bodies if applicable, designated in each opportunity, after the coming into force of such resolution. The date of entry into force is also modified.

By virtue of the foregoing, the modified sections are worded as follows:

“SECTION 2. Non-profit associations, simple associations, corporations formed under or contemplated by section 299 from Law No. 19,550, except for those provided in subsections 1,2, and 7, foundations with a managing board of temporary and elective integration; and State Companies (Law No. 20,705), which are already registered before this General Inspection of Justice as of the effective date of this resolution, shall apply provisions set forth in Section 1 to appointments of managing board members, and auditing bodies if applicable, appointed in each opportunity after the coming into force of this resolution.”

“SECTION 9. This resolution shall come into force sixty (60) days after its publication in the Official Gazette.”

Should you require any further information on this matter, please do not hesitate to contact us.

Sincerely,

Fernanda Mierez
Miguel M. Silveyra
Miguel C. Remmer