Guatemala Corporation
Posted: Monday, September 14, 2009
by Max Zutphen
Guatemala Law
Introduction to Guatemala Incorporation: The corporations formed in Guatemala are classified as an "Anonymous Society" or Sociedad Anonima. They are bearer share corporations and having the physical stock certificates makes you the owner and able to control the entity. It's not necessary to have a name of a person or entity on them and they can be made out in blank. There are no restrictions on where the certificates can be stored and you do not have to report any transactions to any government. Thus, they are easily transferable and keep you anonymous since your name will never be documented in a public registry.
Another way to gain control over the corporation is for us to grant you a General Power of Attorney.
Guatemala Exchange of Information: Guatemala has not signed any treaties that call for the exchange of information for tax issues. This means no double taxation treaties or tax information exchange agreements of any sort.
What this means to you is that if one country charges you of a criminal tax offense and your money is in Guatemala, Guatemala will not share your information. This is because of the principle of dual criminality-the offense must be criminal in Guatemala for it to be punishable, and no tax matters are criminal activities here.
Guatemala Mutual Legal Assistance Treaties: Guatemala has not signed any MLAT. This does not mean Guatemala is a criminal haven; the government will still cooperate if you are involved in a case that Guatemala considers criminal, such as human trafficking, terrorism, kidnapping, etc. It only means that frivolous lawsuits or charges involving money laundering and other white collar crimes do not lead to their cooperation.
For example, if a foreign prosecutor would cry that you moved the funds into Guatemala to protect them from creditors, they would virtually always fail. Guatemala would not help a foreign party collect judgments.
Guatemala Extradition: Extradition is not a common event in Guatemala by any means, especially if you were a citizen or had a permanent residency. The laws are vague and they are difficult to enforce, making it a extraordinary occurrence. We have included this information to emphasize Guatemala's political relations with the rest of the world.
Taxes: Guatemala actually is a tax haven, though it is not included in the usual list of tax havens. This means that Guatemala does levy taxes on offshore-derived income. This is beneficial in many ways, not in the least the relative obscurity that this provides. The rest of the tax havens are held up in the limelight as legal examples, though Guatemala is largely ignored since maybe 1% of the country's bank account holders are foreigners. It is not worth the time and effort to go after these people where there is juicy, low-hanging fruit in other countries.
Time to Form A Corporation: We ask for one to two weeks to form the corporation. It can be done in one day for an additional charge. For the total package with the bank account it can take an extra one to seven days. We invite you to come to Guatemala and check us and the bank out, but you do not need to. We will be happy to help you arrange this visit.
Bank Account: Guatemala has excellent bank secrecy laws. You will be placed in a large bank that offers online banking and the ability to send wires online. The signatory on the account is issued a secured Visa card. This card would not be anonymous, but we do offer anonymous Visa cards from Mexico. However, they can be used in ATMs worldwide as well as online and for purchases in stores. The minimum deposit is $5,000.
We can open accounts in USD, Euros, or Quetzals, the Guatemalan currency.
Asset Corporation: This is a unique type of corporation that is similar to a North American trust fund. It is not a share holder, but do possess a beneficiary owner and must have a natural person as a signatory in the bank account, which can be the law firm after signing a Trust Agreement. You still retain control of the corporation and bank account through the law firm. Another way is to have the law firm transfer the assignment rights to you or an entity that you own. These can be formed in one to two days and fourteen to twenty one days if you also are order a bank account.
Special Trust Services: The law firm can be the signatory on the bank account as well as the beneficiary owner. This is done after creating and signing an International Trust Agreement which stipulates the terms of the agreement. The law firm will not act without your express permission, and the relationship is defined in the agreement. You still have access to the online banking, but cannot get the secured Visa cards in your name. However, we offer secured, anonymous Visa cards from another bank.
Special Judicial Seal on Your Bank File: If you want the bank account to be in your name there is another layer of protection available beyond corporate and bank secrecy. A Guatemalan judge can seal all of your bank records. The sealing would take place in a private hearing in Judges Chambers. To break the seal, there would have to be a court order and would only be done if there were evidence against you. The requirement to go to a court in Guatemala is a major deterrent and the chances of a foreign party winning are virtually nonexistent.
The employees of the bank will know who the signatory is which is necessary information, but they would not be able to access your records.
Identity Documents Required: You need a notarized copy of your passport and driver's license. If you cannot get them notarized, then they must be stamped by a lawyer or verified by a barrister. If you do not have a driver's license, then another government-issued ID is fine, but we do ask that you use your passport for this.
Trust Services- As a fee for assuming liability, the law firm deducts 3% of the incoming funds. This is only done if the law firm is the signatory on the bank account.
http://www.guatemalalaw.org
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