The Republic of Panama has comprehensive legislation on corporate matters since 1927, which is characterized by not making any distinction between society “in -shore” or “off- shore” and to be based on the principle of free choice in matters private. The Panamanian corporate law is much less complex than that of many other foreign countries, making it much easier to set up, manage, and even the sale of a company.
The characteristics, almost unique, the Panamanian companies do you think these are chosen by many foreign entrepreneurs, and also on the smallness of the costs necessary for the establishment of a corporate entity in Panama.
The tax system of the Republic of Panama is based on the principle of territoriality, according to which only the income derived from activities carried on Panamanian territory (regardless of where the company has its registered office) are subject to direct taxation.
The Republic of Panama also has a good bank secrecy law, which goes so far as to provide for civil and criminal penalties for banks that provide information in violation of the same.
The combination of a bearer share and banking secrecy makes Panama one of the most sought after operations for the protection of corporate assets.
S.A. SHARE CORPORATION
The main advantage, given by a Panamanian company with bearer shares, total secrecy is that you can get the name of the owner.
In fact, for the Panamanian law, the ownership of the company is in the hands of the holder of the shares physically understood (cd bearer of the title), without there being any form of registration that allows to discover the name of the real owner (according to a model that reflects essentially the system of numbered bank accounts in Switzerland).
The particular nature of bearer shares can transfer the company simply by transferring the ownership of the stock itself, without the need for any type of recording.
There are also tax benefits resulting from the fact that there is no kind of taxation on revenues arising entirely from foreign operations, much less is required no statement of the same to the Republic of Panama.
In other words, a company incorporated entirely in Panama, which has not entered into Panamanian territory, will be subject only to annual registration tax of approximately $300.00.
It ‘ important to note that the Republic of Panama is not a party to any tax treaty with any foreign state, which makes it extremely difficult, if not impossible, to get any kind of documentation by the Republic of Panama itself.
THE CONSTITUTION OF A COMPANY
S.A. Corporation in the Republic of Panama, as regulated by the Corporation Law No. 32 of the Commercial Code (as from time to time amended and updated) requires a minimum of three directors (which may also be legal persons) without any restrictions as terms of the number of members, being also configurable single-member companies. E is also necessary to have three Officers (President, Secretary and Treasurer) ; these positions can also be covered by the same person.
This document was drafted in 2010 by the Law Firm Tosolini, Lamura, Rasile & Toniutti LLP, based in New York and Rome and a subsidiary office in Milan. This document and its contents are the exclusive property of Tosolini, Lamura, Rasile & Toniutti LLP, and can not’ be reproduced or copied in any form or manner.
This document does not constitute legal advice. The information contained herein may be incomplete and/or inaccurate. This document is purely informative nature and is ‘ subject to the laws of the State of New York. If, in the course of this document, there are indications related to results obtained with other customers, these results depend on the circumstances of each customer, therefore, results previously obtained can not be guaranteed. This document and representable as advertising for lawyers (attorney advertising).