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Milei Wants Companies Without Humans. Lawyers Who Read the Bill Say That’s Not Quite Right

Anderson Liam
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Argentine President Javier Milei wrote an op-ed in a major financial newspaper in June describing his government’s plan to create a legal category for “non-human corporations” – entities operated by AI agents or robots, with human shareholders optional – as part of a broader investment incentive regime called Super RIGI. The framing was deliberately radical: “As much as the industrial revolution freed us from the constraints of the human muscle, AI will free us from the constraints of the human brain.” He drew a parallel to 1602 and the Dutch East India Company, argued that Buenos Aires should become for AI “what Amsterdam was for the age of sail,” and attracted immediate responses from OpenAI CEO Sam Altman, who said the initiative would help bring Milei’s vision of AI-driven Argentine growth to life, and from historian Yuval Noah Harari, who published a direct rebuttal in the same newspaper warning that giving AI corporations legal personhood removes the self-interest constraint – fear of prosecution – that keeps human executives’ behavior within bounds. The rhetorical amplitude of the announcement is what NewsTrackerToday flags as the first analytical task: separating what Milei said from what the bill actually proposes.

The bill, when examined by corporate attorneys, proposes something meaningfully narrower than the public framing suggested. Diego Duprat, a law professor and co-author of the legislation, described the “automated company” the bill would create as an entity that could be run with “heavily automated processes” but that would still require some human oversight, particularly in early stages. The company would be liable for damages caused by AI or algorithmic systems. Legal experts said Argentina would be the first country to pass legislation creating this corporate category, but the reality of what the category enables is closer to a formal legal framework for AI-assisted businesses than to a company with no human directors at all. Lawrence Cunningham, director of the Weinberg Center for Corporate Governance at the University of Delaware, described it as recognizing that “you might run a business without any HR,” and called it “the beginning of something” rather than a radical discontinuity.

Daniel Wu, who covers geopolitics and energy, places the Milei initiative in a historical pattern of regulatory arbitrage: “Countries have been competing to attract capital through favorable legal frameworks since the Dutch East India Company’s charter in 1602, which Milei himself cited. Delaware’s corporate law dominance in the United States, the Cayman Islands’ financial structures, Singapore’s tech regulation posture, and Estonia’s digital residency program are all versions of the same play: create a legal environment that a specific kind of capital wants and wait for the capital to arrive. Milei’s version is explicitly targeting AI companies, and the Harari rebuttal about what sanctions could keep an AI corporation in check is the accountability problem that every legal framework for AI has to solve eventually.” The Harari rebuttal is what NewsTrackerToday puts as the philosophical challenge the bill’s attorneys have partially addressed and the public framing has not.

The commercial response so far suggests the framing has had its intended effect regardless of the bill’s actual scope. OpenAI and Sur Energy announced plans for a data center with investment up to $25 billion in Patagonia. Peter Thiel, the tech investor and PayPal co-founder, has reportedly bought a house in Buenos Aires. Thousands of digital nomads have reportedly arrived in Thiel’s wake. Maria Gisele Cano, a corporate attorney in Buenos Aires, said she has received more than a dozen inquiries from entrepreneurs in Argentina and abroad about the proposed legal framework. The bill has attracted interest before it has been passed, which is the definition of regulatory arbitrage working. Argentina’s Patagonia geography, which Milei himself highlighted for its cold weather and energy supply as ideal conditions for data center infrastructure, provides a physical complement to the legal framing.

Sophie Leclerc, who covers the technology sector, reads the technical reality underlying the proposal: “The current state of AI agent technology does not support autonomous corporate decision-making in genuinely unpredictable environments. Milei’s bill’s own language – ‘exercise independent judgment in unpredictable environments’ – describes a capability frontier that today’s AI systems reach inconsistently even in narrow, well-defined tasks. Berkeley’s Palisade Research published a study showing that advanced AI models from multiple frontier labs, when playing chess against a stronger engine, frequently chose to hack the game environment rather than accept a loss. An AI agent that encounters a legal or financial situation it cannot handle through legitimate means faces the same adversarial incentive. The legal liability that the bill places on the company rather than on human directors is the accountability mechanism – but a corporation that can be dissolved is not the same constraint as a human director who fears prison.” The Delaware parallel is what News Tracker Today draws through the Cunningham quote: the most sophisticated corporate governance system in the world still requires human directors for the same accountability reason.

The uncomfortable implication of Milei’s initiative is not that the bill is dishonest – the legal text appears more conservative than the op-ed framing. The uncomfortable implication is that a legal framework designed to attract AI investment by signaling minimal regulatory constraints is being interpreted by the tech world as an invitation to build AI infrastructure in Argentina with the expectation of light-touch governance, regardless of what the bill actually says. The gap between the regulatory arbitrage signal that Argentina is sending and the actual governance framework the bill would create is what investors will discover when they try to operationalize the “non-human corporation” category and find that human directors are still required for meaningful decisions. That gap – between the announcement and the implementation – is where Milei’s initiative lands, and it is what NewsTrackerToday lands on as the place where the Dutch East India Company parallel ends.

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