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Offshore
Corporations in Panama
Panama is internationally renowned as a banking
and financial center. Since the opening of the
Panama Canal in the early 20th century, Panama has played banker
for the world's largest corporations. The commerce of the canal
has thus led to the development of a collection of financial institutions
within Panama. This article purposes to shed some light on the aspects
of incorporating an offshore business in Panama.
Over the years, Panama has developed an interesting
array of services for those who wish to conduct their business offshore,
through non-resident corporations. Law 32 of 1927, or Panama's "General
Corporation Law" sets down the ground rules for those who wish
to develop an offshore corporation. The offshore corporation provides
beneficial taxation by the host nation ( Panama in this case), simplicity
of maintaining a corporation outside of your native jurisdiction,
asset protection from financial liabilities, and most of all, anonymity.
According to the "General Corporation Law", two or more
persons of lawful age, of any nationality even though not domiciled
in the Republic of Panama may form a corporation for any lawful
purpose or purposes. There are two main types of offshore companies
that may be incorporated in Panama according to Law 32:
- Resident Corporation: If the corporation
conducts business in the Republic of Panama, it is considered
resident and therefore is subject to Income taxes
- Non-resident corporation: Conducts business
outside of the republic and therefore is not subject to Panamanian
taxes (excepting a $US 150 yearly corporate tax
In most instances, the offshore corporation
is of the non-resident type, because it is sheltered from Panamanian
taxes, and in addition any income derived from banking or investment
of that corporation conducted in Panama is also exempt from taxes.
The corporation must have a legal address
in Panama. Each offshore corporation must also have three Directors
and three officers (President, Secretary and Treasurer). Any person
of the corporation may hold two or more offices. There are no requirements
so far as residency of the Directors or officers of the corporation,
making offshore corporation an attractive option for anyone wishing
to take advantage of Panama's network of business and investing
from outside the country. The confidentiality provided with offshore
corporations located in Panama is perhaps the best offered anywhere
in the world. Only for large offenses relating a corporation to
drug trafficking or money laundering, for example, will cause privacy
to be lifted.
In order to incorporate an offshore business
in Panama, certain professionals exist which can assist with preparing
the necessary documents of incorporation. A lawyer is needed, however,
in order to file these documents in the Panamanian registry. Therefore
it is a good idea to work with a Panamanian lawyer throughout the
incorporation process.
After acknowledging some of the basics of
offshore corporations in Panama, it is time to get started on the
process of forming the corporation. The first thing that is needed
is a name. A corporation can have a name in any language, but it
must be followed by S.A., Inc., Incorporated, Corp. or Corporation.
With a preferred name chosen (having a standby will help, in case
another offshore company already has rights to your preferred choice),
it must be presented to and approved by the Companies Registry of
Panama. This can be facilitated by a professional or lawyer specializing
in offshore corporations. The next step is to gather all the necessary
paperwork for presentation. If time is important, there is the option
to open a shelf corporation. These can be provided for similar or
greater cost to the client by a registered agent, but they are already
incorporated and ready to conduct offshore or resident business.
Costs for a shelf corporation may range from $US 950 -$US 1200,
including all legal and government expenses. Click
here to see our legal fees for starting a Panama Corporation.
Once the corporation begins operating, the
only requirements are the keeping of a minute book and of a stock
register, although these can exist and be kept offshore, anywhere
in the world. Also, any general meetings that are held by the corporation
may be done so by proxy, but there are no mandates requiring such
meetings to be held by the directors of the offshore corporation
or of their stockholders. Once again, the flexibility of Panamanian
offshore incorporation becomes readily apparent.
Click on the link below to see our legal fees, or
contact us for more information about Panama Corporations.
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