Panama Corporations and Private Interest Foundations

This information is for the investors.

Panama is an international financial center that focuses on banking and commerce services. The government actively promotes Offshore activities, in favor of foreign investments. While some Offshore legislations may offer you only a few advantages, in Panama you will find all of them together: confidentiality, security and tax waivers.

Procedures of Panama Offshore Corporation

Two or more persons of full age, of any nationality even though not domiciled, nor physically present in the Republic of Panama, form the corporation for any lawful purpose. Law #32 of 1927 imposes no restrictions upon ownership of shares by foreign citizens or corporations, nor are there any nationality restrictions nor residence requirements imposed upon directors or officers of Panamanian corporations under the said law.

Panama offshore corporations are formed through nominee incorporators in Panama, who execute the basic instrument (Articles of incorporation) before a Notary Public of Panama registered at the Public Registry office.

Articles of Incorporation may be executed anywhere, within or outside Panama, in any language, as long as the signatures are certified by a Notary Public, or by any other public officer at the place of execution thereof their signatures having to be legalized by a Panamanian Consul or apostilled.

Contents of Articles of Incorporation are prescribed by Article 2 of Law Number 32 of 1927, and may be summarized as follows:

- Name and domicile of subscribers or incorporators.

- Name of corporation, (not to be the same nor similar to that of another existing corporation in Panama), and shall include a word, phrase or abbreviation to indicate that it is a corporation. We request several possible names in order of preference, to avoid expenses and delays in communications.

- General purpose(s) for which the corporation is organized, i.e., commercial, shipping, trading, tourism, etc., and which may be ample and general.

- Proposed capital structure or authorized capital, including number, classes of shares, whether with or without par value, whether bearer or nominative (registered) shares, and if there are to be shares of different classes, number of shares in each class, designations and relative rights, preferences and limitations thereof.

- Authorized capital and par value of shares may be expressed in the currency of any country.

- Number of shares that each of the subscribers agrees to take.

- Domicile of the corporation, which may be in Panama or elsewhere, as well as name and domicile of its Resident Agent in Panama who must be an attorney or an attorney's firm.

- Duration of corporation which may be perpetual.

- Full names and addresses of at least three directors.

- Any other lawful clauses. It is usual practice to include full names of the first officers of the corporation consisting of at least a President, a Secretary and a Treasurer, as this affords a considerable time saving.

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What is the Private Interest Foundation ?

Is a legal entity that was developed based on the Private Interest Foundation models from three different jurisdictions including the Principality of Liechtenstein, Switzerland, and Luxembourg. The Panamanian Government carefully designed the Panama Private Interest Foundation with the intentions of creating a more modern, more flexible, and more affordable estate planning vehicle for people from around the globe. The assets of the Panama Private Interest Foundation take on a separate legal identity from the personal assets of the Founder, Protector, Council, or Beneficiaries.

The Panama Private Interest Foundation offers clear advantages for international estate planning, providing the ultimate in privacy, anonymity, and protection to the Protectors, Founders, and Beneficiaries of the Foundation. The Panama Foundation is a solution to a global need for an affordable, anonymous, flexible, private, estate planning vehicle that can be used to hold assets such as corporations, trusts, bank accounts, investment accounts, real estate, or any other type of asset.

Foundations come into existence upon registration in the Public Registry. No approval from any public authority is required. Law No. 25 of June 12, 1995 regulates them.

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