Tax Shields to Protect Identity of Shareholders

In Guatemala "there are still ways to start a business with due secrecy for its owners."

Wednesday, January 23, 2013

Specialists in corporate and tax law in Guatemala say the Forfeiture Act, Decree 55-2010, leaves the gate open for owners of shares of companies to withhold their identity.

Alvaro Castellanos Howell, a lawyer at the law office Consortium, cited as an example the establishment of a company in countries "where bearer shares are allowed, and then an investment is made in Guatemala with shares, buying moveable goods as an off-shore entity".

The primary intention of the Forfeiture Act, Decree 55-2010, Articles 71 to 74, in modifying bearer shares for registered shares, is to make transparent the source of life-giving capital to companies, a fact which, according some lawyers, caused the registration of corporations to fall by 18 percent during the past year.

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More on this topic

Conversion of Bearer Shares to Nominal Shares

April 2013

Commercial companies in Guatemala have until June 28 to make the conversion.

According to the explanation give by Oscar Chile Monroy in an article in Prensalibre.com, the Forfeiture Act (LED by its initials in Spanish), does not specifically establish a financial penalty to those who do not perform this procedure in time, however, it should be noted that the omission can bring serious tax consequences and commercial risks.

No More Bearer Shares in Guatemala

December 2010

The Extinction of Ownership Law includes approved amendments to the Commercial Code, so from now on company shares can only be nominal.

The Law aims to attack drug trafficking and regulates "the obligations of legal entities or individuals engaged in a profession or activity that could be used for the transfer, use, concealment and movement of goods from criminal or illegal acts.”

Guatemala Eliminates Bearer Shares

November 2010

If successful, the initiative presented by the Executive branch to the National Assembly, would eliminate bearer shares in corporations.

The reform modifies three articles of the Commercial Code by removing references to bearer shares and replacing them registered shares.

Anonymous offshore corporations & the bearer share

April 2008

Panama Corporations are known world wide for being the most anonymous corporations in the world.

There are many advantages to incorporating your offshore company in Panama. The company has strict privacy laws, easily accessible banks, they don’t recognize tax evasion as a crime or participate in any tax treaties and a corporation can be set up within a matter of days.

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