Frequently
Asked Questions
Q: Who are you and where are you located?
A: We are a full service law firm that specializes
in establishing corporations and foundations in the Republic of
Panama. Our attorneys are registered agents in the Panama Public
Registry. We are located in Panama City, Panama and our physical
address and PO box is listed at the bottom of the website.
Q: Why are
your prices so low?
A: We are wholesalers! We supply many of
the major offshore providers with Panamanian corporations and
foundations. We generally deal with wholesale clients but have
recently begun offering discounted retail prices to the public
for establishing Panamanian corporations, foundations and corporate
accounts.
Q: How can
I trust your service, can you provide references?
A: We are a reputable provider in the offshore
industry. If you would like, we can provide you with a list of
professional correspondent references. Unfortunately, due to the
confidential nature of our business, we cannot provide our clients
as references.
Q: Do I
need to come to Panama to finalize anything?
A: No, you do not need to come to Panama.
Everything can be done through email and courier. However, Panama
is a beautiful country to visit and we encourage you to do so.
Our attorneys would be more than happy to schedule a meeting with
you for special consultations. Our attorneys charge an advance
fee of US$100 per hour (with a minimum of 3 hours) for consultations.
Q: What
if I want a shelf entity?
A: No problem. When you complete the order
form, just indicate that you want a shelf entity instead of a
new entity. If you need immediate delivery, then request a shelf
entity. The price for a shelf corporation (or foundation) package
is only US$1200.
Q: Do you
recommend a new corporation (or foundation), or should I use a
shelf entity?
A: That depends on your needs. If you want
to use a specific name then you need to set up a new entity. If
you need instant delivery and you can accept any company name,
then we recommend a shelf entity.
Q: Can I
see a list of the shelf entities available and choose from them?
A: Yes, we can send you a list of shelf entities
to choose from. Just contact our sales staff and request the shelf
list.
Q: What
is the difference between a corporation, foundation or trust?
A: For banking purposes, there is very little
difference. All entities come with everything you need to open
bank or brokerage accounts. Generally, corporations are used for
profit ventures involving business activity such as securities
trading, banking, international trade, ownership of assets etc..
Most of our clients establish corporations. Foundations are generally
used for non-profit activities such as charities, receiving or
giving donations, grants, etc., but can also be used for holding
purposes such as holding ownership of corporations or any other
type of asset. Most of our clients use Foundations to hold ownership
of their corporations for additional confidentiality and asset
protection. Trusts are generally used for holding purposes such
as owning corporations, or holding assets such as real estate.
Very few of our clients establish trusts due to the extensive
offshore trust reporting rules that exist in many of our clients
home countries around the world (USA, Canada, UK, Australia, New
Zealand, etc.). As a result of the declining popularity of offshore
trusts, we have refrained from selling or recommending offshore
Trusts at this time. However, these are simply general guidelines
for what each type of entity was initially created for and these
guidelines do not have to be strictly adhered to as there is no
authority in Panama that enforces the uses of each type of entity.
Q: Can I
use my entity (Corporation or Foundation) to hold ownership of
real estate property in my home country?
A: That depends on the country you are located
in and the real estate ownership rules in that country. Some countries
have extensive reporting requirements, additional property taxes,
and all kinds of red tape to go through when titling real estate
in the name of a foreign entity. For example, we do not recommend
that you use Panama corporations, foundations, or trusts to hold
ownership of real estate in the USA due to the extensive reporting
requirements, additional property taxes, etc. imposed under the
FIRPTA (Foreign Investment in Real Property Tax Act). If you are
interested in asset protection for domestic real estate, then
we generally recommend that you title the real estate in the name
of a domestic entity (such as a domestic corporation, LLC, or
trust) and then have the domestic entity owned by an offshore
entity, such as an offshore corporation or foundation.
Q: Is there
any requirement to file Panama tax returns, keep books for the
corporation, have an accountant, etc.?
A: Yes. Offshore
companies must file an annual tax declaration stating that they
are "offshore companies", so they don't pay tax in Panama.
Panama offshore companies earning money outside of Panama don't
pay income taxes in Panama. It is not a requirement to keep books
for the corporation or have an accountant, however, we recommend
that you do keep your own internal (private) books for accounting
purposes.
Q: Are there
annual renewal fees for the corporation or foundation?
A: The annual fee for registered office,
resident agent and nominee directors is only a total of US$450.
The first year's fee is included in the purchase price. On each
anniversary date of the corporation, beginning in year number
two, we will invoice you for this fee. If you choose not to extend
the life of your entity, you simply do not pay the annual fee.
In this case, your corporation will be removed from the public
registry, and the corporate name will be made available again
for new formations.
Q: What
will I receive for US$1000?
A: Each Panamanian corporation package comes
complete with articles of incorporation (with official English
translation), resident agent, registered office, share certificates
(issued either to the Bearer, or in Nominative form), and a resignation
letter from the subscribers. Foundations include the registered
foundation charter (with official English translation), resident
agent, registered office, and notarized Private Protectorate Document.
Optionally, you can ask us to provide nominee
directors or council (no additional fee). In this case we will
also include pre-signed, undated letters of resignation from each
director (or council member), plus a Notarized and Appostiled
General Power of Attorney. The Power of Attorney comes with a
blank space so you can complete it with any name you want. The
persons name who appears in the Power of Attorney would have authority
to actually operate the corporation (or foundation), e.g. sign
contracts, open and operate bank and brokerage accounts etc.
We also include one corporate brokerage account
with each package. When you purchase the entity (corporation or
foundation), you will receive the brokerage account application
forms - all you need to do is to sign them where we indicate and
send them back to us along with a photocopy of your passport or
valid photo ID, one financial reference letter, and the initial
deposit of US$3000 (check, wire, or e-gold).
Q: What
are nominee directors and nominee signatories?
A: Nominee directors (or nominee council
members) are directors that our law firm appoints for you. Each
corporation or foundation must have 3 directors appointed when
the entity is registered in the public registry of Panama. The
directors names and passport numbers are on the public deed of
the corporation (or foundation) and this information is publicly
available. In many cases, our clients prefer to NOT be appointed
as directors on the offshore entities due to either privacy reasons,
or foreign public directorship reporting rules in their home countries.
When we appoint nominee directors on our clients entities, we
provide our clients with pre-signed, undated letters of resignation
from each director so they can replace the directors at any time.
The nominee directors we appoint are only there to fill in the
blanks at the public registry and they have no authority over
the entity for any kind of decision making.
Nominee signatories are signatories that
our law firm appoints for you on your corporate accounts. In many
cases, our clients prefer to not be the signatory on the corporate
accounts due to either privacy reasons or foreign account signing
reporting rules in their home countries. When we appoint nominee
signatories on our clients corporate accounts, we charge an annual
fee of US$1000 (or 1%, whichever is more) for this service. When
our clients want a transaction done on their corporate account,
they would simply contact a designated service representative
within our firm, and make the request, then we forward the request
to the bank or broker to execute the transaction.
Q: Can I
transfer securities to the corporate brokerage account that you
set up for my corporation?
A: Yes, once the corporate brokerage account
is set up, we will provide you with DTC instructions to transfer
the securities to the corporate brokerage account. All you need
to do is instruct your broker to DTC transfer the securities to
the instructions we provide. If you have stock that is in physical
certificate form, you must either deposit the stock in a brokerage
account and DTC it to the corporate brokerage account, or have
the stock certificates re-issued in the corporations name, then
send the certificates to the brokerage firm along with the stock
powers and the brokerage firm will deposit them into the corporate
brokerage account.
Q: Can I
transfer mutual funds, IRA's, 401K's, or pension funds to the
corporate brokerage accounts that you set up for my corporation
(or foundation)?
A: In most cases, mutual funds can be transferred
without a problem through a DTC transfer if the are publicly traded
mutual funds. Otherwise, if they are mutual funds that are not
publicly traded (they do not have a symbol on the market like
a stock), then it is slightly more difficult as you have to instruct
the mutual fund company to transfer the ownership to the corporation.
We do not assist our clients in transferring mutual funds, we
only provide DTC instructions to transfer publicly traded securities.
IRA's, 401k's, or pension funds cannot be transferred to the offshore
corporation or foundation.
Q: Do you
provide additional services such as legal consulting, corporate
mail forwarding, etc.?
A: Yes, we provide legal consulting, however,
we charge US$100 per hour with a 3 hour minimum (US$300) which
we require that you pay in advance for. You can contact us for
details. We also offer corporate mail forwarding services, corporate
contracts and agreements, legal immigration services, real estate
law, and much more.