The norm, in detail
Neuquén sets entry rules to operate in Vaca Muerta: registry and minimum equity
Decreto provincial 1342/2015 (Neuquén)
in forcePROVINCIAL
Energy and natural resources
Decreto 1342/2015 creates the provincial registry of hydrocarbon companies: registering and ratifying every July is a condition to operate.
What changed and who it applies to
What changed
Decreto 1342/2015 (06/19/2015) creates the Provincial Registry of Hydrocarbon Companies, run by the Undersecretariat of Mining and Hydrocarbons. It establishes mandatory registry enrollment for every company that operates or wants to operate in the province, with annual data update/ratification (July). It sets a solvency threshold: to hold an exploration permit or an exploitation concession —and for an assignment of rights to be authorized— the company must evidence a Net Equity of no less than $2,000,000 (TWO million Argentine pesos, NOT dollars; the amount is NOT indexed, so inflation has eroded it to a symbolic floor). Equity is evidenced with financial statements audited and certified by the Professional Council. The decree distinguishes operator companies (must evidence technical capacity to develop hydrocarbon projects, Art. 2.2.1) from non-operator / investor ones (exempt from technical capacity, they may hold stakes in permits, Arts. 2.1.1-2.1.3). In transfers: total assignments (Art. 1.4.2) require the future concessionaire to hold that minimum Net Equity when requesting authorization; partial assignments (Art. 1.4.3) require the resulting association to maintain it. Sanctions (Art. 4.1): warning, suspension of up to 5 years or removal from the registry. verif Jun 19, 2015 ↗
In force
2015-06-19 prob Jun 19, 2015 ↗
Are you in or out?
Operators and investor (non-operator) companies that want to hold permits/concessions or acquire stakes in Neuquén areas; buyers and sellers in M&A operations over concessions (regulatory due diligence); legal-accounting firms that assemble the enrollment and certify financial statements. For satellite-service SMEs the decree is context (it does not enroll them but their operator clients), but it defines the universe of potential clients the province enables to operate. prob Jun 19, 2015 ↗
The norm
Decreto provincial 1342/2015, Provincia del Neuquén, dated Jun 19, 2015. It creates the Registro Provincial de Empresas Hidrocarburíferas (provincial registry of hydrocarbon companies) under the Subsecretaría de Minería e Hidrocarburos. Companies already listed in the national registry (Decreto nacional 5906/67) as of Dec 31, 2014 are deemed registered (Art. 5), but must file proof of that registration together with the July 2014 ratification. Pending confirmation in the primary source: the number and date of the issue of the Boletín Oficial de Neuquén in which it was published (the Boletín's official site does not open). verif Jun 19, 2015 ↗
Our reading
Neuquén has clear rules on who can enter and assign areas in Vaca Muerta: mandatory registry and evidenced equity. For the satellite ecosystem it is a signal of predictability —the serious operators pass the filter without friction (the peso equity floor is symbolic today) and assignments are approved in an orderly way, like GeoPark's entry buying areas from Pluspetrol. thesis
What do you have to decide with this?
Tell us what your company does and we tell you whether this rule obliges you, enables you or does not apply, and what it changes for selling to the projects.
Analyze my companyWhere it lands, province by province1
Neuquén Requirements for transferring unconventional concessions: registry enrollment, environmental license and a minimum Net Equity of $2,000,000 (Argentine pesos, not indexed — a symbolic floor today); the real filter is the accredited technical capacity and audited Financial Statements. Applied in M&A (e.g., Pluspetrol→GeoPark). favorable thesis
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How to read the seals → verif primary source · prob primary source pending · unconf a source said it · estim our own calculation · thesis our reading · the date belongs to the datum, at the precision its source allows
Ignacio Aredez· Chief analyst
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Fact sheet built on the published rule, with the gaps declared. Back to the reforms