•  
  •  
  •  
  •  
  •  
  •  
  •  

General aspects of the Moveable State Guarantees Law

From January 1st, of 2008, the small and medium companies or entrepeneurs will be able to ask for loans or credits, for their own needs and projects and whose guarantees can be personal moveable state property. This is due to the new law passed by the Congress of the Republic to have access on credits where the guarantees can be machinery, vehicles, and harvests, among others.

More...

Setting up a company in Guatemala

To set up a company and start a business in Guatemala, we recommend to get advice about the project facts, before starting to develop it. As an legal advisors, we will guide and advice to the right path according to the plan or projects seeked.

More...

Aspects to take care in a Buying and Selling real estate business.

To our clients and visitors, we share this publication, that contains general aspects of the real estate market and transactions, is subedited to a series of social, legal, and procedural factors and normatives, that in many cases, the lack of attention to one of them causes obstruction, delay and interrupt the real estate transactions or Negotiations. (Esq. Pedro Aragon Muñoz.)

More...

Until the law separate us

"Transparency, clear information and foment the dialogue between all the members of the team", are the keys to survive...

More...

Along with the well-known will made or advice by an attorney, under which we manage the succession of our assets and rights in several legal jurisdictions, it has recognized in several legal jurisdictions the autonomy of the patient and the rights and obligations of clinical documentation and information.

More...

The voluntary immobilization of registered goods or rights

The voluntary immobilization of registered goods or rights, that are registered at the General Property Registration, is guaranteed and safeguarded by law in our legal environment for the benefit and legal certainty of the owner and / or their representatives (in special cases).

More...

Guatemala has the infrastructure and human resources to establish any kind of industry focused on technology. We trust the Guatemalan labor and we have the ability and attitude to learn quickly the tasks of assembling and manufacturing of electronic equipment ... Barreondo Manuel, General Manager, SAT Corporation

... Guatemalan labor force has natural abilities that allow easily be quickly trained in assembly tasks ... Jacob G. Teffel, Fogel Group CFO

Strategic Location

Guatemala has a comparative advantage with other countries in the region, due to its strategic location, making it a natural bridge between the Americas. Complemented by access to the Pacific and Atlantic oceans, as well as access to primary markets in the world.

More...
Home arrow FAQ
FAQ E-mail
Monday, 30 July 2007

We provide our clients and visitors; a reference of frequent asked questions that have been made to us. We respond briefly and as preliminary answer. If you have a question that isn’t listed or you need to extend the answer contact us.

Corporate and Commercial Law

Migration Law

¿H How I set up a company in Guatemala?

Usually the companies in Guatemala are incorporated as Joint-stock company. The joint-stock company is efficient form to organize a company in Guatemala. It main characteristics are:

  • The company must have at least two (2) partners (persons or companies, nationals or foreigners). Each shareholder must have one stock at least.
  • That the company has a social denomination (name), that is not enrolled previously.
  • That the share capital has to be paid, and not less that Q. 5,000.00 (five thousand Quetzales), approximate US$ 650.00.
  • The administration of the company can be in charge of a sole administrator or a board of directors. It is not necessary that the members of the administration is a Guatemala resident or shareholder.
  • The company has to celebrate at least one (1) ordinary assembly, each year, in the four (4) following months at the closing tax year.
  • The extraordinary assemblies are those that deal with any modification to the social writing, and all the others so that the law or the social writing therefore demands it. If you need more information, please read the following publication.


¿ Can I incorporate in Guatemala a foreign incorporated company?
Yes. For it the following requirements are due to fulfill:
  • Check that is properly constituted in agreement with the laws of the country in which it will have been organized.
  • Present a legalize copy (Legalized by a Guatemalan Consulate) of the registered deed of the company with its modifications.
  • Check that the decision to be incorporated at Guatemala has been decided by the competent organ of the company, and legalize the deed.
  • Delegate the representation to a mandatory with plenty representation, ample faculties to make all the acts and legal issues, to represent the company legally, in judgment and outside him, with all pertinent the special faculties that the Law institutes. If the mandatory will not have those faculties, he will be considered invested with them, by ministry of the Law.
  • Constitute a capital assigned for its operations in the Republic and a guarantee in favor of third party by a not smaller amount equivalent of fifty thousand dollars of the United States of America (US$ 50.000,00), that has to be in force throughout that company operates in the country, as well as to commit itself specifically to respond, not only with the goods that it has in the territory of the Republic, but also with that it has in the outside, by all the acts and businesses that celebrate in the country.
  • The oath to summit to he jurisdiction of the courts of the country, by the acts and obligations to celebrate;
  • Present a declaration on which neither the company nor its representatives will be able to invoke foreign rights or law, because they will be regulated by Guatemala law. Declare before retiring of the country, that they will fill the legal requirements.
  • Letter of its last general balance sheet and state of losses and gains.
  • The documents necessary to verify the existence and others that can be ask depending the business to incorporate.



  • ¿ What is a businesses visa and how long is valid?

    The business visa is a kind that is extended to those foreigners whom, acting in individual character or in representation of a foreign company with lucrative character, they need to enter the country by business reasons. This visa is valid by a term of 6 months and is extendable a single time. It can be extended by the Guatemala Consulates and by the Main Director of Migration.




    ¿ What is a transit visa and how long is valid?

    The transit visa is the kind that is granted to foreigners whom they have to enter the country to be able to go to the country of its destiny. This visa has a period of 72 hours, extendable in case of greater force, that force this person to remain more time in the country. This Visa can can be extended by the Guatemala Consulates or any aerial, terrestrial or marine control post migratory, previous presentation of the visa of the destiny country .




    ¿ How long must pass, for a foreigner married with a Guatemalan citizen, to be able to request to a permanent residence?

    Will have to be at least a year as a married person with Guatemalan citizen, to be able to request for a permanent residence.




    ¿ How long has to pass to request a permanent residence, in the case of having a temporary residence?

    To request a permanent residence, it need bee at least 5 years with a temporary residence and to live in Guatemala. To request it, must be 3 or 6 months before.




    ¿ How long is a tourist visa valid, and how long is extendable?

    The tourist visa or visitor visa is valid by a maximum period of 90 days, and is extendable a single time for that period or less.




    ¿ For what reasons can be lost the quality of resident?

    The resident quality can be lost by the following reasons :

    • By a breach in the payment of the taxes to that it has been committed.
    • By a falsification or alteration of the presented/displayed documentation.
    • By a resolution of competent judge.
    • By the absence of the national territory by 1 year, unjustified or without authorization.



    ¿ What migratory category is necessary to be able to work in Guatemala?

    The foreigners who have migratory category of temporary or permanent resident can work in dependency relation as long as they obtain the corresponding authorization of the Ministry of Work and Social security.




    ¿What migratory categories exist to enter Guatemala?

    The foreigners, who want to enter Guatemala sole, can do it under the following migratory categories:
    • Non Resident: these are classified in:
      • People in transit: they are the foreigners who enter the country to leave to another country, in witch they are authorized to stay not exceed 72 hours, applies exceptions;
      • Tourist or visitors: the foreigners who enter the country with allowed aims, without immigration intention or calls to account, for reasons which they do not imply remuneration, they are aloud to stay for 90 days, extendable by a single time by another equal period or less.
    • Resident: these are classified in:
      • Temporary Resident: the foreigners who authorize permanence to them in the country by the period of 2 years, with the aim to dedicate itself to any allowed activity in temporary form.
      • Permanent Resident: the foreigners who constitute their address in Guatemala. The people who can choose to this category are:
        • Pensioners or rentists: the foreigners who count on allowed permanent income, generated in the outside of the country and which they decide to remain per indefinite time in Guatemala without dedicating itself to no remunerated job class, with exception of the cases established in the law.
        • Investors;
        • Smaller or unmarried spouse and children of the people mentioned in the previous numerals;
        • Familiar foreigners of nationals, being understood like such to the spouse (at least 1 year of married), children and parents, when the Guatemalan nationality does not correspond to them; and,
        • People who demonstrate outstanding performances in the fields of science, technology, the arts and the sport.



    ¿ What happen if a foreigner whom obtained his permanent residence by marriage, obtain a divorce?

    The foreigner must ask for the Main directorate of Migration that ratifies its migratory category like a permanent resident as long as it fulfills the requirements that the law for permanent residents establishes.



    ¿ Can a visa be obtained outside of Guatemala?

    Yes, as long as the Guatemala Consulate is properly is accredited and authorized to grant visas.

Last Updated ( Tuesday, 22 August 2017 )
 
< Prev

Language / Idioma

Contact us

5ta avenida 15-45 zona 10
Edificio Centro Empresarial
Torre II, oficina 305
Guatemala, Guatemala, Postal Code 01010

Tel:+502 2367.5222
Fax:+502 2366.4691
Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Mi título contenido de la página