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Justice validates AFA's change of address, annuls government-appointed supervisors
🇦🇷 Argentina /Culture & Society

Justice validates AFA's change of address, annuls government-appointed supervisors

From La Nación · () Spanish

Translated from Spanish, summarized and contextualized by DistantNews.

At a glance

News Sources not specified Outcome reported
  • Argentina's Football Association (AFA) successfully changed its registered address to the province of Buenos Aires.
  • A court ruling invalidated a government resolution that had appointed supervisors to oversee the AFA.
  • The court found that the provincial body, not the national justice inspection authority, has jurisdiction over the AFA's new location.

Buenos Aires, Argentina – In a significant legal victory for the Argentine Football Association (AFA), a national court has upheld the organization's change of domicile to the province of Buenos Aires. This ruling also nullifies a resolution by the Ministry of Justice that had appointed supervisors to oversee the AFA's operations.

The AFA, led by Claudio “Chiqui” Tapia, officially moved its headquarters to Pilar in the province of Buenos Aires in 2024 through an assembly of representatives. Despite the location currently being an undeveloped plot of land, the move was registered under provincial jurisdiction. The National Civil Chamber's ruling confirmed the legality of this shift.

La IGJ se erigió por encima de la Dirección Provincial de Personas Jurídicas desatendiendo no sólo un acto administrativo válido (...) sino, a su vez, llevando a cabo facultades revisoras y/o fiscalizadoras sobre su par

— MagistratesThe judges criticized the IGJ for overstepping its authority and disregarding a valid administrative act by the provincial directorate.

Judges Gabriel Rolleri, Maximiliano Caia, and Juan Manuel Converset declared the Ministry of Justice's resolution null and void. This resolution had appointed supervisors for 180 business days following an inspection by the General Inspectorate of Justice (IGJ) that identified alleged institutional irregularities within the AFA.

The Chamber's decision was based on the argument that the Provincial Directorate of Legal Entities of Buenos Aires had authorized the change of jurisdiction. Consequently, the court asserted that the national IGJ lacks the authority to inspect or question the AFA's change of headquarters once it has been approved by the provincial body. The judges emphasized that subjecting the AFA to simultaneous oversight by two different state agencies would conflict with federal principles and administrative law.

No resulta posible someter la decisión social de modificar el estatuto de la sociedad trasladando su domicilio a otra jurisdicción a un doble control de legalidad como lo pretende la Inspección General de Justicia

— MagistratesThe court stated that it is not permissible for an entity to be subjected to a double legality check, as attempted by the IGJ, when changing its domicile to another jurisdiction.
DistantNews Editorial

Originally published by La Nación in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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