In Guatemala were published in the Diario de Centroamerica the sanctions of the laws for the Simplification of Administrative Requirements and Procedures and Free Zones, regulatory frameworks that aim to encourage investments and job creation.
In the June 1, 2021 edition of the Diario de Centroamerica, the texts of Decree 5-2021, which corresponds to the Law for the Simplification of Administrative Requirements and Procedures, and Decree 6-2021, which refers to the Free Trade Zones Law, were included. See complete publication.
Two years after the Law to Strengthen Entrepreneurship came into force in Guatemala, only 40 companies have been registered under the figure of Entrepreneurship Companies, a situation that is partly explained by the lack of incentives provided by the legal framework.
The lack of a competition law in Guatemala could expose the country to sanctions from the European authorities, since it is a requirement demanded in the regulations of the Association Agreement with the European Union.
Since the end of 2016, the Association Agreement (AdA) required Guatemala to have a law on the matter, since in 2019 a Central American competition authority would have to be created. However, it cannot operate, because there is no legal framework.
The regulation for Special Public Economic Development Zones, which came into effect in Guatemala on February 4, establishes fiscal incentives for companies operating under this scheme.
Among the tax benefits provided by the Law on Special Public Economic Development Zones (ZDEEP), include the exemption for 10 years of 100% of income tax, as well as the temporary suspension of taxes associated with imports.
In the Central American region, the average unemployment rate for those aged between 15 and 24 is estimated to be around 11%, with lack of work experience being the main barrier to accessing the first job.
According to figures from the Central American Observatory of Social Development, Costa Rica and Panama are the countries in the region with the highest rates of youth unemployment, with 27% and 15%, respectively.
Two years after having been presented at the Guatemalan Congress, the initiative to reform the Free Zones Law is still awaiting approval.
In 2016, initiative 5174 was presented to the Congress of the Republic, and has been debated in speeches made by deputies and in meetings of the Economic Cabinet of the Executive Power, none of which have resulted in its approval.
A bill by the Morales administration in Guatemala proposes creating an agency that would manage issues of commercial promotion, competitiveness, investment attraction and country brand.
Representatives from the Ministry of Economy presented in Congress a proposal for a Law to create the Institute for Commercial Promotion, ProGuatemala, which would absorb the functions and staff that at the moment execute the National Program of Competitiveness.
After making more than 40 amendments to the previous project, the legislative commission will be presenting a proposal and expects the process to move forward without further modifications.
The Economy Commission of the Congress of the Republic reported that they presented a second opinion on the Competition Law initiative, and took the opportunity to explain that among the parties that participated in the work room, they agreed that the topic will be addressed in a single reading and no last minute amendments will be presented.
In Guatemala, reform of the Free Zones Law has been in place for two years, and as a result, several companies have withdrawn, while others are still waiting for the tax benefits to be restored before making any more investments.
Some companies are keeping their investments on hold, because the tax benefits applied to activities that take place in free zones were eliminated withDecree 19-2016.One such case is that of electric vehicle importer Electricmóvil. This companyis waiting for Congress to reform the Law and restore the benefits, before expanding its operations under this regime.
In Guatemala, companies will now have the option of accessing financing using their inventory, agricultural products, machinery, equipment and other assets as collateral.
The Congress of the Republic approved the reforms toDecree 51-2007, on the Law on Secured Transactions, which aims to regulate security interests in loans, non-monetary obligations, credit titles and titles representing merchandise, among other things. The changes will take effect one month after they are published in the newspaper Diario de Centroamérica.
With the amendments to the Commercial Code, it is now possible to register a limited company on the Mercantile Registry site and registration of individual merchants will soon be available.
The changes to the regulations becameeffective at the end of January, and among the most important modifications were the reduction of initial capital for the creation of a company, going down from Q5 thousand ($681) to Q200 ($28).
With the entry into force of the reform of the Guatemalan Commercial Code, from today a company can be incorporated with $28.
The modifications that already apply were published in the Diario de Centroamérica on October 31, 2017. Among the most important changes is the reduction of initial capital for the creation of a company, going down from Q5 thousand ($681) to Q200 ($28).
In Guatemala, four bills are being prepared to facilitate registration of one-person companies, export and import of goods and to regulate bankruptcy of a company.
The goal of the National Competitiveness Program (Pronacom) is to implement a series of measures to help improve the country's deteriorating business climate, which, in addition to being affected by political problems, continues to face the serious problem of excessive bureaucracy.Pronacom is working on four bills that it plans to present next year.
With the reform of the Commerce Code approved by Congress the process has been simplified and costs reduced for inscribing a corporation, among other changes.
Main changes in the new Commercial Code:
- A business may be incorporated with ($28) Q200.Each shareholder must pay, at least, 25 percent of the nominal value of each share subscribed.
The business sector is against making retroactive consultations on mining and energy projects as they are already under development and is demanding regulation of the implementation of the ILO Convention 169 in order to protect investments.
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