LAU & LAU Attorneys at Law within their professional practice advises
national and international companies in various types of transactions. As a sampling
of our experience and bonding, we break down different areas where we had the opportunity
to collaborate for the benefit of our customers.
The members of LAU & LAU individually or together have been active in the corporate
sector in the management of several areas among which we mention:
The establishment and incorporation of companies and the consolidation of different
types of businesses ranging from retail, wholesale, service and import and export.
LAU & LAU to date has achieved the establishment of a significant number of legal structures
(corporations, foundations etc) within the jurisdiction of Panama, as well as in
various offshore jurisdictions worldwide.
In the banking industry between 2009 - 2010 LAU & LAU was directly involved in achieving
an international share pledge agreement for Ram Power Corporation and Polaris Energy
Corporation, companies dedicated to the generation of energy for a geothermal power
energy project in Nicaragua, representing the applicants for a loan for $USD 77MM.
LAU & LAU has been involved in advising construction companies and real estate brokers
in the development of various projects, as well as potential investors processing
transactions for the sale of properties, to date, LAU & LAU advice has been involved
in transactions that are worth more than $ USD 800MM. Thru the advisory services
that have been developed in countries such as England, Spain, Colombia, Venezuela,
Russia, Panama, Ireland, USA, Canada and others. Investors or end customers who
have also been given legal advice during the transaction have been citizens from
all continents of the world.
In the acquisition sector LAU & LAU was involved in the sale of stocks in a pharmaceutical
laboratory in Panama City (Prieto Laboratories) representing sellers for a transaction
of $ USD 2MM. Between 2008-2009.
In the automotive sector in 2010 was developed the legal opinion for Panama requested
by TMI Associates for the client Toyota Motor Corporation (TMC) in relation to the
application of the EDR (Event Data Recorder) and its potential global implementation.
We offer professional services in the field of intangible property such as copyrights,
trademarks, patents, trade secrets, licensing, plan varieties, industrial designs,
and utility models.
LAU & LAU attorneys offer a professional service that combines
the legal background of Intellectual Property in addition of the new trends of international
commercial law.
Copyrights
LAU & LAU provides legal services in the process of the protection
of all the expression of the ideas, including the registration process at the Ministry
of Education, licensing, contracts and the advices in the business plan for the
artistic expression.
Trademarks
We provide legal advices in the registration of any trademark. Panama’s law 35 establishes
the process for trademark registration
LAU & LAU has a team specialized in the area of intellectual property
that can help all our clients not only in the process for trademark registration,
but also drafting all necessary agreements, licensing, and procurement of the good
will.
Patents
LAU & LAU will provide professional service in patent, industrial
designs and utility models, including but not limited to the registration process
at the Ministry of Commerce and Industry, exploitation of the idea and licensing.
We also get involved in the marketing and business plan of our clients in order
to bring the idea into a profitable project.
Trade Secrets
We work with our clients in confidential and non disclosure agreements as well as
black box agreements. Additionally we are involved in all steps needed to maintain
a competitive secrecy while maintaining its commercial value.
Franchises
We offer to our clients professional advice in all the steps of the franchise process,
including the permits and registrations, the intellectual property rights, including
the trade dress, as well as all the process regarding the franchise.
LAU & LAU advices our clients in the licensing process, including
all the necessary steps for the success of the franchise, combining intellectual
property with business law.
Entertainment
LAU & LAU a service that is comprehensive and extends from contractual
representation, Intellectual Property rights and negotiation of all kind of contracts.
We make it our priority to have the flexibility and adaptability to satisfy all
our client’s requirements at all times.
Advertising & Marketing
LAU & LAU provides services in the area of advertising and marketing
including but not limited to all areas of intellectual property protection, draft
of contracts, non disclosure agreements etc.
Health Registration
LAU & LAU provides to our clients health registration for both
pharmaceutical and cosmetic products, before the Pharmacy and Drugs Department of
the Ministry of Health. We also provide health registration of food products before
the Food Protection Department of the Ministry of Health.
E-Commerece
In the rapidly evolving area of law of electronic commerce and computer software,
our attorneys work closely with the client to make sure that all legal aspects are
attended.
LAU & LAU advice in e-commerce contracts, and also provide the service of
domain name registration before the domain name registration offices, PANNET, and
the registration and protection of the web page as copyright, plus all the legal
and financial advice in order to get into e-business and e- commerce.
LAU & LAU Business and Corporate practice offers advice in a wide range of
issues affecting corporate and industrial clients, many of which are foreign corporations
and multinational corporations doing business in Panama.
Incorporating a business
The Republic of Panama decided since the enactment of the Corporation Law in 1927
to attract offshore financial business and to provide favorable tax treatment coupled
with the adoption of investment incentives law and confidentiality, making a legitimate
policy and business decision of becoming banking and a free trade zone sanctuary.
LAU & LAU team will provide all the necessary support needed to to incorporate
any type of corporation for the protection or the creation of wealth.
Our program includes the possibility of incorporating corporations, offshore companies,
private interest foundations, trust, and other legal entities that will support
the company incorporation, including mergers and acquisitions.
Contracts
The firm's practice includes negotiation and drafting of contracts as well as commercial
and financial documents of all kinds.
Export Processing Zones and Free Zones
Panama has the biggest free zone in the Americas and the second worldwide. There
are several export processing zones across the nation.
Estate Planning
The team of LAU & LAU develops estate plans tailor to the specific needs
of our clients. This plan includes strategies such as corporations, private interest
foundations, holdings, bank accounts, wills and other legal structures that can
help plan and protect for the future. This is done not only with a logistic support
team but also with the help of economists and accountants.
Corporations
Benefits of an incorporation of a Panamanian company:
- There are not currency restrictions in Panama. The U.S. dollar is the circulating
medium.
- It is not necessary to have a paid-in capital. This is mandatory in other countries.
- There are no requirements to file any reports with the Panamanian government regarding
any off-shore activities, except the annual government franchise tax to remain in
good standing.
- Taxation in the Republic of Panama is based to the territorial source principle.
Therefore incomes is obtained from operations performed abroad are not taxable under
our law
- It is not necessary for the interested parties to be present for the purpose of
organizing a Corporation. In this case, corporations are formed through nominee
incorporators in Panama, who execute the basic instrument for the incorporation
called Articles of Incorporation (Pacto Social).
- The directors, shareholders and officers, may be of any nationality and resident
of any country.
- Meetings of directors and shareholders may be held in the Republic of Panama, or
in any country.
- Share certificates may be issued to the bearer or in the name of its owner and may
be issued with or without par value. Neither the directors nor the officers need
to be shareholders.
- The accounting books of the corporation may be kept within Panama or abroad.
- Corporations conducting business outside of Panama, do not require a commercial
license for offshore activities.
- A corporation could own any kind of property or perform in any kind of legal activity.
Private Interest Foundations
A corporation allows you to open accounts, bargain any existing contract, purchase
any real state, run a business, and involve your assets in any commercial transaction.
The Private Interest Foundation allows you to protect your assets and to work as
a will.
Every individual who has sufficient wealth to consider establishing a foundation
as part of a traditional estate plan must consider asset protection as one of the
primary design objectives. Life is full of unintended, unexpected and unforeseen
risks. Ignoring them doesn’t mean they go away. Planning for them is good risk management.
The private Interest foundation structure has traditionally been the most flexible
and useful means of establishing an estate plan for Continental Europeans and Latin
Americans. Private Interest Foundation enables the owner of assets to efficiently
and effectively achieve personal objectives, as well as minimize the imposition
of taxation. It enables the founder to establish management responsibility for assets
and to secure their beneficiaries a wealth in the future.
Panama foundations shall not be profit oriented, because its objectives are the
protection of the assets and the wealth security of the love ones.
The assets shall constitute an estate separate from the founder’s personal assets
for all legal purposes, and may not be seized, or attached, or be subject to any
precautionary action or measure.
Virtually, any kind of assets which are capable of being transferred free and clear
can be settled into a foundation. Cash, securities, partnership interest, and real
estate are typical of some of the types of property which can be suitable placed
into foundation.
Under the Panama foundation, the founder can exercise different levels of powerful
direct or indirect control over the foundation council, the protector, any committees,
the beneficiaries or the assets.
The acts of constitution, amendment or extinction of the foundation as well as the
acts of transfer, transmittal or encumbrance of assets of the foundation and the
income arising there from, or any other act in connection therewith, are exempted
from all taxes, contributions, duties, liens or assessments of any kind, provided
they are related to:
- Assets located abroad.
- Money deposited by natural or juridical persons whose income is not obtained from
a Panamanian source or is not taxable in Panama due to whichever reason.
- Shares or securities of any kind issued by corporations which income is not derived
from a Panamanian source or which are not taxable for whatever reason, even when
such shares or securities are deposited in the Republic of Panama.
Open a bank Account
Panama has over 90 international banks
Requirements: Each bank has its own requirements, but for most of them you should
be prepared to provide the following information and documentation
- A personal interview
- A clear copy of passport as well as any other identification
- Bank references for each of the beneficial owner
- Two professional references
- Brief details of the applicants business (nature of the company, location)
- Origin or source of the funds to be deposit in the new account
- The approximate annual/ monthly volume of fund which will pass through the new account
Benefits:
- Panama confidentiality laws
- No tax on any bank account nor on the interest gain
- US dollar as the legal currency
- Possibility to open a bank account in yens, euros etc.
- Companies’ confidentiality
- Most of the banks offer internet banking
LAU & LAU is involved in all aspects of public procurement law and counsels
clients at every stage of contract development, from proposal preparation through
performance evaluation.
We assist our clients in the process of creating business proposals for obtaining
government contracts.
Public Bids
LAU & LAU works hands-on with our clients in the process of a public bid,
not only providing legal advice, but also technical.
We are involved in the process of creating proposals and offers, including negotiating
with the government and the creation of a contract.
The Republic of Panama is known as one of the countries with the greatest growth
in real estate, proof of this are the millions of dollars invested by nationals
and foreigners, motivated by cutting edge projects and many financial and legal
incentives.
LAU & LAU attorneys at law is committed in responding to the needs and requirements
of investors and buyers. We keep a close relationship with national and international
real estate companies, banks, insurance companies and other institutions that allow
us to offer a broad range of alternative to our clients.
Our services include but not limited to:
Contract negotiation and draft
From reservation agreement up to purchase agreement, LAU & LAU attorneys at law
offer support to the client, attends and establish all the necessary legal steps
and due diligence in order to procure the best possible contract.
Public Deed
The Panamanian Legislation oversees the protection of the commercial activities
of transaction of goods and services related to the scope of real estate. As a result
the acquisition of properties in Panama is given by means of property titles which
are then elevated by means of public deeds before a notary and formalized in the
Panamanian Public Registry Office.
Property Title
We recommend for the purchase of real estate to use corporations or private interest
foundations because of the many benefits that these legal entities provide, nevertheless
a natural person can also be the owner of the property (foreigners or nationals
alike)
Financing
Panama offers financing facilities, throughout more than 90 banking centers. LAU
& LAU offer to their clients’ legal support in the whole process of obtaining a
mortgage or a loan.
Renting
LAU & LAU provide the draft of contracts between the tenant and the landlord,
with all the formal steps required by law.
LAU & LAU attorneys at law also manage the proceedings of horizontal property;
contracts in general, license agreement for a hotel flag, legal structures of timesharing
and condo hotel, legal managements to assure the investment of commercial, industrial
or residential use
Permanent Residency Permit
Panama is an attractive country because its immigration system offers ample possibilities
with regards to obtaining permanent residency.
Permanent Residency as a Pensioned
It gives the right to reside in Panama.
The applicants must receive a minimum monthly pension of US$1000.00. Married Couples
can apply jointly if the sum of their pensions adds to US$1000.00.
Additionally if the applicants own in their own name a property with registered
value over US$100,000.00 the required pension is only US$750.00 per month.
The pension must be of defined benefit and for life
It is required to provide a letter from the company or entity that certifies the
pensioned retiree status of the applicant, a certificate of existence of this company
in case it is from the private sector, two copies of the last two (2) cashed retirement
checks and prove that the company paying the pension have sufficient funds to pay
the pension for the duration of the life of the pensioned.
Benefits:
- Taxes are not paid in Panama from the Pensions received nor from interest obtained
from Certificate of Deposit Accounts (CD’s)
- No taxation on importation of all household content up to the amount of US$10,000.00
- No taxation on the importation of a vehicle for personal or family use every two
years
- All benefits given to national retirees and pensioners, according to Law No. 6 of
1987 are applicable to foreigners in equal conditions.
Residency Permit as a Retired Independent
Grants residency in Panama If the applicant can provide proof of a fixed term deposit
in the “Banco Nacional de Panamá” or the “Caja de Ahorros” for a term of 5 years
which generates an interest of US$2000.00 per month.
Benefit:
Special Panamanian travel passport
Residence Permit for Reasons of Personal Economic Solvency - Real Estate Investment
Requires the applicant to make a real estate investment of more than US$300,000.00
(must show proof of ownership and the amount that has been invested). The US$300,000.00
can be invested in one or more properties but all properties must be under the own
name of the applicant or under the name of a private interest foundation where the
applicant is the founder an a beneficiary and be free of any liens (properties cannot
have a mortgage). Mortgage are allowed only in the case that a single property is
worth over US$300,000.00 and US$300,000.00 are paid in cash then the balance can
be financed through a mortgage.
Additional US$3000.00 must be added to the investment for each dependant.
This is required in order to prove that the person has the necessary financial solvency
to live in this country.
Residence Permit for Reasons of Personal Economic Solvency - Time Deposit
Requires the applicant to establish in any bank with general license in the Republic
of Panama a fixed time deposit of at least US$300,000.00 for a minimum term of 3
years. The Deposit must be free of any liens.
This is required in order to prove that the person has the necessary financial solvency
to live in this country.
Additional US$2000.00 must be added to the investment for each dependant.
Residence Permit with base in the Panama-Italy Covenant
The Friendship and Cooperation Covenant between Panama and Italy grants the Italian
nationals the right to obtain the Panamanian residency always that they fulfill
the requirements established by the law, which include, prove of economic solvency
(which is shown through bank reference letters proving that the applicant has sufficient
funds to finance his/her stay in Panama) and justification for the residency in
Panama (For example that the applicant would engage in business in Panama).
Permanent Residence Permit as an Investor
This permit is granted to the foreigners who prove to have realized an investment
of at least $160,000.00 in a business in Panama which is not reserved for nationals
(retail business are reserved for nationals while wholesale, service and industry
business can be practiced by nationals or foreigners alike).
The investment can be proven with by example, property deed or rental contract over
the local where the business would be performed, bank accounts in name of the company,
invoices for the expended in furniture for the local, vehicles acquired for the
business.
The investment must be done through a corporation; the applicant must own at least
$160,000.00 and the proportional investment must be at least $160,000.00 as well.
Additionally it is required for the company to have 5 Panamanian workers under contract,
earning at least the minimum wage and being registered with the Social Security.}
Permanent Residence Permit as a Reforestation Investor
This permit is granted to the foreigner who invests in Panama a minimum of $80,000.00
in activities of Reforestation or Forest Planting in a minimum surface of 5 ha.
There are companies in Panama that dedicate to the selling of land lots for reforestation.
These companies would handle the reforestation business for the applicant.
This investment can be done personally or through a corporation. However we recommend
it to be done through a corporation for reasons of asset protection.