TRUST AND ESTATES
Since 1984 Panama has a law that regulates trust and grants the Superintendent of Banks the faculty and the obligation to supervise and audit the activity.
Panama’s objective at regulating the fiduciary activity is to facilitate the use of the jurisdiction in an orderly and organized manner, but always thinking of the convenience of the customer. That being the case, the law states the total exoneration of taxes regarding the formation, modification or termination of the trust, as well as the transfer of the assets placed in trust, including the proceeds of the same or any act regarding the same, as long as the income produced by those assets are not a Panamanian source.
Our Firm specializes in counseling our clients regarding assets planning and management, as well as in offering counseling services with regards to tax matters.
Our services within this legal area include:
Counseling in family equity planning.
Counseling in the formation and structuring of schemes for the orderly transfer of family assets.
Formation and management of Private Interest Foundations.
Structuring and management of Trusts.
Counseling in inheritance matters.
We represent corporate clients in tax planning matters, as well as individual with high spending power.
PRIVATE INTEREST FOUNDATIONS
Panama created the Private Interest Foundation ("PIF") in 1995 taking characteristics from our corporations and merging them with elements from the European and Common Law Trusts.
FIPs are modern and flexible and at the same time their creation and maintenance big virtues in comparison to their cousins from the old continent. This makes them more attractive to those looking to protect their patrimony in an organized manner.
There are several advantages to FIPs, such as:
Offer a fiduciary structure for organized transfers and the disposition of assets to beneficiaries after death of the Founder, basically replacing a testament, avoiding a probate process;
The laws of inheritance applicable to the Founder and the beneficiaries do not affect the assets of the Foundation, nor do the laws affect the validity or execution of the main objectives of the Foundation;
They may from time to time perform commercial actives, exercise rights relative to its securities and possess property and other obligations.
The assets of the Foundation are considered legally independent and do not form part of the patrimony of the Founder. Said assets cannot be attached and may not be subject to any action or preventive means, with except under certain circumstances.
The transfer of property, titles, deposit certificates, assets, funds, securities or shares undertaken in order to comply with the objectives of the Foundation, or its termination, in favor of relatives in the first degree or the spouse of the Founder are also exempted from all taxes.
With all these advantages, the flexibility in the structure and the legal certainty that regulates them, they are among the best instruments for asset protection.
With over 35 years of experience, our firm provides services on company formation and administration in Panama and in other well reputable jurisdictions.
Patton, Moreno & Asvat have a very skillful Compliance Division, that through policies and procedures according to the laws in each of the jurisdictions, mitigates the risks associated with the industry.
Contact our specialist on other related services that we may offer, after the completion of the requirements indicated by our Compliance Division.