INTRODUCTIONIn an effort to provide additional opportunities to
the Offshore Community Law 25 of 1995 was created. Said Law contains the
procedures and requirements for the creation of Private Interest
Foundations.
ADVANTAGES OF PRIVATE INTEREST FOUNDATION
Private Interest Foundations may be used as tax and estate planning
device with the following advantages:
1. They provide a fiduciary structure for the orderly transfer and
disposition of assets to beneficiaries upon the death of the
Founder, keeping control of the assets during lifetime;
2. They may be established to have effects from the date of their
constitution or after the death of the Founder;
3. According to Law 25 of 1995, inheritance laws that apply in the
domicile of the Founder or the Beneficiaries, shall not be effective
against the Foundations assets nor may these laws affect the
validity or performance of the Foundations objectives;
4. Foundations are established to carry the specifics goals set out
in the Foundation Charter and may additionally undertake sporadic
commercial activities, exercise rights pertaining to their holdings,
own property, contract obligations and take part in administrative
or judicial proceedings.
5. A Private Interest Foundation should be established with a
patrimony destined to fulfil its objectives, which shall be no less
than US$10,000.00. Said patrimony may be increased by additional
contributions of the Founder or third parties;
6. The assets of the Foundation become legally independent and do
not form a part of the private estate of the Founder. Such assets
are not sizeable and may not be subject to any precautory action or
measure, unless such action or measure pertains to obligations
incurred or damages arising from the fulfilment of the Foundations
objectives;
Notwithstanding the creditors of the Founder or of a third party
shall have the right to contest the contribution or transfer of
assets to a foundation when such transfer constitutes an act in
fraud of the creditors. The rights and actions of such creditors
shall lapse at the expiration of three (3) years, counted from the
date of the contribution or transfer of the assets to the
foundation.
7. According to article 27 of Law 25 of 1995, Private Interest
Foundations are except from payment of any taxes, contributions,
duties, liens or assessments of any kind arising from the acts of
constitution, amendment or extinction of the same, as well as acts
of transfer or encumbrance of the Foundations assets and the income
arising thereof, when related to:
(1). Assets localized abroad;
(2). Money deposited by natural or juridical persons whose income
does not derive from a Panamanian source is not taxable in Panama
for any reason;
(3). Shares or securities of any kind issued by corporations which
income is not derived from a Panama source, or which are not taxable
for any reason, even when such shares or securities are deposited in
the Republic of Panama;
The transfer of unmovable property, titles, certificates of
deposits, assets, funds, securities or shares carried out by reason
of the fulfilment of the objectives of the foundation or the
termination of the same, in favor of relatives within the first
degree of consanguinity or the spouse of the Founder shall also be
exempted from all taxes.
The Foundation Charter shall be executed by the Founder by means
of a private document, in which case it should be authenticated by a
Notary Public, or by means of a public document directly before a
Notary Public.
INFORMATION REQUIRED
In order for us to provide services in the constitution and
management of Private Interest Foundations, the following
information will be necessary:
1. Name desired for the Foundation to check on its availability. The
word Foundation must be included in the name, for example: The Clear
Water Foundation, John Doe Foundation for the Children, etc;
2. Initial patrimony if other by the standard of U.S.$10,000.00;
3. Names and addresses of the members of the Foundation Council,
which will be no
less than three (3) members (natural persons), unless a juridical
person is appointed, in which case a minimum of one member is
required. We may provide nominees for these positions;
4. Domicile of the Foundation, if other than Panama;
5. Duration, if other than limited;
6. Name of the protector if required.
If required, we can provide standard Regulations with blank spaces
to name beneficiaries for an additional fee of US$150
COSTS
We use Panama to form the offshore foundations, because the Panama
law offers most protection.
The fees to form a Panama Private Interests Foundation: US$1350
This price includes:
Notarial and registration fees
Certified translation to English of the Foundational Charter
Notarized Blank Power of Attorney
Three (3) nominee foundation council members (If this service is
required, there will no charge for the first year)
Options:
Certificate of Incorporation with Apostille US$200 (required for any
bank acc)
Courier delivery: $100
Certificate of Good Standing (after first year of existence) US$200.
Nominee services US$400 p.a.
Mail Forwarding: US$400 p.a. + $100 deposit
Bank account in Panama: US$600. (see below)
Process of incorporation will take between 8 to 15 working days
after receipt of payment.
Annual maintenance fees after first year:
Registered Office/Agent: $500 p.a.
Government Licence: $250 p.a.
Options:
Nominee services US$400 p.a.
Mail Forwarding: US$400 p.a. + $100 deposit