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Panama Foundation

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Panama Foundation

With many traits of trusts and corporations, Panama foundations have wide variety of uses for estate planning since they were introduced. The foundation has a separate legal personality and limited liability while operating in a manner similar to both a company under civil law and a trust under common law. Due to the high degree of privacy, fast and convenient establishment and maintenance, foundation has become more and more popular among wealthy families around the world. We assist our clients with Panama Foundation establishment under the Panama Foundations Act (No. 25 of June 12, 1995). Be noted that the clients do not need to travel to Panama to set up a Panama foundation.

To register a Panama foundation, the documents and information that the client needs to provide include the name of the foundation to be used, the identity documents of the founders and council members of the foundation, due diligence documents of the above parties such as passports, address proofs or company registration certificates and a due diligence questionnaire.

The establishment of a Panama foundation, under normal circumstances, can be registered within 10 working days at the earliest. In addition, the costs of foundation setup and maintenance are much more cost-effective in comparison with that of trust ,thus, the foundation has become more and more popular as estate planning vehicle for High Net Worth Individuals.

  1. Panama Foundation Registration

    Our services for foundation setup include:
    (1)
    The client engages us to handle the registration matters, and send the information set out in Section 4 below to us by email or mail.
    (2)
    The client completes Kaizen’s due diligence questionnaire;
    (3)
    The client proposes three names of the foundations, and we will search and reserve the names. The name of the foundation must end with the word "foundation". The name can be in any language, but must be expressed in the alphabet.
    (4)
    The client determines the members of the foundation committee; the member committee needs at least 3 individual members, or an enterprise member; (Note 1)
    (5)
    The initial capital of a Panama foundation is US$10,000, which does not need to be paid in. we usually register with this initial capital. Client can also register more than the initial capital; (Note 2).
    (6)
    Prepare the articles of association and bylaws of the foundation;
    (7)
    We submit all required documents and the articles of association of the foundation to the Panama Public Registry for registration;
    (8)
    The Panama Public Registry issues a foundation certificate (or "certificate of good standing").

    Notes:
    (1)
    According to the Panama Foundation Law, the names of the founders of the company and the names and addresses of the members of the foundation committee must be published in the Charter of the foundation. If the client wants more protection for privacy, we can provide nominee committee members. If so, there will be a separate agreement to be executed, containing a general power of attorney to ensure the founder's control over the foundation, and to appoint the founder as the foundation's protector. We will notarize and authenticate the agreement.
    (1)
    Under the Panama Foundation Law, capital registration tax is required. If the initial registered capital exceeds US$10,000, the firm will levy client fees based on the tax amount of the Panama government and reimburse the government on actual basis.

  2. Basic Structure of Panama Foundation

    The basic structure of the Panama Foundation is as follows:

    Foundation Name: The name of the foundation must contain the words "Foundation" in any language, but must be in alphabets;

    Founder: A person who donates assets to establish a foundation can be an individual or a company;

    Beneficiaries: Those who benefit from the foundation, usually the founders and their family members;

    Council: The day-to-day operation and management of the foundation requires at least 3 individual members, or 1 corporate member;

    Protector: The person who protects the interests of the foundation, not necessarily, can be an individual or a company;

    Charter: Public documents, which need to be registered in the Panama Public Registry;

    Bylaws: Private documents, including beneficiary information and other content that the founder is unwilling to disclose.

  3. Timetable for the establishment of Panama Foundation

    Generally, we can complete the establishment of the Panama Foundation within 10 working days. The specific timing is listed in the table below:

    Step

    Description

    Estimated timeframe (days)

    1

    The client signs a service agreement with the firm and arrange for payment of Kaizen’s fees

    Client to decide

    2

    The client provides the firm with identification documents of the founder, the council members, beneficiaries, protector and information regarding the assets to be endowed in the foundation for our due diligence

    Client to decide

    3

    The firm arranges a search for the name of the foundation

    1

    4

    Preparing legal documents such as the Foundation Charter and Regulations

    3

    5

    The client confirms the foundation's Charter and Regulations and other legal documents

    3

    6

    File the Charter with the Panama Public Registry and register

    3


  4. Documents and information required for the establishment of a private foundation in Panama

    For the establishment of a Panama foundation, the client needs to provide the following information to us:
    (1)
    The passports and address proofs of the founders, the council members, protectors, and beneficiaries.
    (2)
    If any of the above parties mentioned in (1) is a company, it is required to provide the articles of association, the register of directors, the register of members of the company and the passports and address proofs of the company's shareholders and directors.

    We will provide a list of documents required after the client signs the service agreement and settle the fees.

    The identity documents listed above must be certified by our staff or by an accountant, lawyer or notary public in the client's location. If clients require our staff to provide this service, please visit any of our offices for document verification for free.

  5. Documents available to clients after registration

    After the establishment of the Panama Foundation, we will hand over the following documents to you to prove that the foundation has been successfully established:
    (1)
    Certificate of Public Registration (or "Certificate of Good Presence") issued by the Public Registry of Panama; (Note 1)
    (2)
    General Power of Attorney (if any) notarized by the Notary Public in Panama and apostilled;
    (3)
    The Charter and Regulations of the foundation.

    Note: The certificate can be notarized and apostilled, which is helpful for the foundation to open a bank account.

  6. Annual maintenance for Panama Foundation

    Panama Foundation shall be operated under the related laws and regulations of Panama to maintain the good standing. The annual maintenance includes:
    (1)
    Paying the annual franchise tax to the Panamanian government;
    (2)
    Providing a copy of the foundation's accounting records; and reporting the name and contact information of the person keeping the accounting records and supporting documents, and the address where such accounting records and supporting documents are located.

We will send a notice of the annual renewal by email to our clients at least two months in advance.

Disclaimer

All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.

If you wish to obtain more information or assistance, please visit the official website of Kaizen CPA Limited at www.kaizencpa.com or contact us through the following and talk to our professionals:

Email: info@kaizencpa.com
Tel: +852 2341 1444
Mobile : +852 5616 4140, +86 152 1943 4614
WhatsApp/ Line/ WeChat: +852 5616 4140
Skype: kaizencpa

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