The firm offers multiple services to companies and their executives, assisting them to manage their businesses in the proper manner. CASTRO & BERGUIDO incorporates these services with advice on labor, corporate and tax matters for corporations under formation as well as those already incorporated.

In the international scope, we offer corporate services to local and foreign clients, advising them in the tax and hereditary planning through the organization of corporations, trusts, foundations, among others.

Corporations
The firm incorporates offshore corporations in Panama, British Virgin Islands (hereinafter “BVI”) and the Bahamas. These three jurisdictions are worldly recognized for being among the ones that offer greater flexibility and confidentiality, and the ones that generate less incorporation and maintenance expenses.

At the request of our clients, we can provide them two classes of offshore corporation in Panama, BVI and The Bahamas:

Corporations already incorporated: Corporations that our office has already incorporated and that are ready to be used. The corporate purposes of the incorporating documents of said corporations are drafted in a broad manner, which allow the use of the corporation for any activity or transaction.

New corporations: Corporations organized following the requirements and needs of the client.

Corporations in Panama
The Panamanian corporations are very flexible and adapt to each type of business or investment. The corporations in Panama, fast to incorporate, pay taxes for the principle of territoriality.

If their income is produced by activities outside of Panama, they do not pay taxes.

Some features:.

• The shares may be issued to the bearer or in registered form
• The authorized capital does not need to be fully or partially subscribed or paid
• The board of directors and the shareholders may meet anywhere in the world
• The annual meetings are not compulsory
• The Panamanian corporations may have assets anywhere in the world and they are not bound to have them in Panama
• There are no restrictions on the kind of investment to be made by the corporation nor for the use of its goods or assets
• The name can be reserved for the corporations
• There are no control of changes

International business corporations
In The Bahamas as well as in the British Virgin Islands (BVI), the international business companies are the fruit of a flexible legislation and from a broad experience in this type of figure.

Some features they share:

• They are not subject to the payment of income tax
• The local authorities do not demand any type of income tax return or reports from income derived from foreign sources
• The name of the corporation to be organized can be reserved for up to 90 days
• The assemblies of members and meetings of directors may be held anywhere in the world
• The decisions, both from the members and from the directors, may be adopted without need of meeting each other, by means of resolutions approved by any written or electronic means
• The companies in both countries can have assets or bank accounts anywhere in the world and they are not bound to have assets or accounts in The Bahamas or in BVI
• High confidentiality, since the only documents that are registered in the Public Registry are the Articles of Association, the By-laws and the Certificate of Incorporation (in The Bahamas, in addition, the registry of Directors is required)

In BVI, as British territory, is highly recognized the figure of the Trust with broad benefits.

Trusts
The figure of trust constitutes a special vehicle, generally of offshore nature, that allows the owner of one or more goods (trustor) transfer the ownership of such goods to a person (trustee) to manage and dispose of them in favor of a beneficiary (trustee), who can be the trustor himself. The firm renders services that go from acting as trustees, processing the license to operate as a trust company, as well as advice and drafting of trusts, in most of the cases for asset protection.

Description of Trust
In the trust, a person named Trustor transfers goods or assets to another person named Trustee, with the purpose that he manages them in favor of the Trustee or beneficiary of the Trust.

Some features

• It can be revocable or irrevocable
• It can be definite or indefinite
• The goods given in trust constitute a separate patrimony of the personal goods of the trustee for all legal purposes.The patrimony of the trustee will be not attachable and unseized, except for obligations or damages in the event of the execution of the trust.
• The trusts must have a resident agent (a lawyer or a law firm in Panama)
• Strict confidentiality. Except in the case of real estate located in Panama, there is no public registration of the instrument or agreement of trust.
  

Financial and Tax Planning
CASTRO & BERGUIDO advises in asset planning and management, as well as in tax matter. Our services in this area of the law include:

• advice in family hereditary planning
• advice on the development and construction of plan for the orderly transfer of family assets
• formation and management of private interest foundation
• development and management of trusts
• tributary advice
• advice on hereditary matter

We represent corporate clients, on matters of tax planning, as well as high-economic profile individuals.

Private interest foundations
The private interest foundations are, basically, a hybrid between trust and a corporation and constitute an efficient and versatile vehicle for the handling of bank accounts, to make stock market transactions, control and exercise share rights, to own real estate, plan the succession and to protect assets, among others. CASTRO & BERGUIDO has an ample experience in the establishment of private interest foundations and offers to its clients advice to adapt the use of this instrument to their needs.

Management of corporations
We help them to create the corporate model most adequate to their interests and we also offer them the management thereof. Our firm may assume the following services:

P.O. Box and forwarding of correspondence: If the client wishes that the corporation or corporations have a postal address different from his, we offer him the service of receipt and forwarding of correspondence.
Telephone and fax service: We receive and answer you calls and we forward the faxes in the name of your corporation.
Re-invoicing: Thanks to the re-invoicing service, our fees are fixed attending the needs of each client. The mass of papers, preparation of invoices, seals, courier expenses and others that generate this service, are invoiced separately.
Bookkeeping: In the event of being required, we can offer him the service of bookkeeping. We count with certified accountants that render the service from our office.
Other management services: There is no limit. The needs of the client mark the management services to be provided.

Contracts
We have large experience in matters of advice, negotiation and drafting of contracts, such as purchase and sale, loans, guarantee, representation, agency and distribution, and in general, all kind of contracts that allow our clients to protect their interests, preventing or avoiding conflicts.

We offer advice on investment in general, particularly in real estate investment, starting from the diagnosis of the condition of the property on tax matters and restrictions to be transferred or acquired, up to the preparation of promise of purchase and sale agreements and the final purchase and sale, carrying out all the required proceedings for the registration of the property in favor of the new purchaser in the Public Registry. Our advice in this area is based on the best tax structure to be followed.

The firm offers its services on immigration matters, regarding visas and work permits, commercial licenses, contracts and public auctions.
These are some of the services:

Domestic and international commercial arbitration
The arbitration processes as alternative means to the solution of conflicts look through ad-hoc courts, to offer to the users, a faster and specialized justice to the one obtained at ordinary justice courts, keeping the possibility to achieve mediations that put an end to the controversy. Our services fundamentally include:

• request of precautionary measure
• legal assistance in the arbitration stage, proofs and pleading practice
• appeal for annulment in arbitration award
• arbitration award execution

Business labor law
We offer consulting in the labor field, with the main purpose to adapt and facilitate the handling the work relationships of our clients, in their majority, important domestic and foreign companies. In addition, we offer advice in the negotiation and services on the preparation of individual and collective work contracts, assistance and representation of suits and labor claims and preparation of by-laws, among others. We specialize in the attention of multinational companies as well as in labor auditings.

Mercantile and banking law
CASTRO & BERGUIDO offers specialized advice on international transactions, starting from the negotiation stage and drafting of commercial contracts of different nature. Likewise, we attend cases of unfair trade and consumer defense. We include proceedings regarding import and export operations, international purchase and sale contracts, regulations of commercial exchange and goods market expansion and services.

Maritime law
The firm is capable of handling any type of litigation that may arise in the maritime businesses. In addition, we have experience on topics related to the default of charterparties, conflicts related to contracts, charter expenses and damages caused to merchandise, among others.

Intellectual property
We provide full advice on the acquisition, protection and trade of script and industrial property. We manage the registry and defense of products marks and services, patents and in general, all the rights of intellectual property. One of the most current and important fields of law.

Stock market law
We offer advice on the development of private placements and public stock offering. We handle the processing of brokerage house licenses, managers and investment advisors, financial analysts, stock brokers, senior executives and other intermediaries. We also constitute and register mutual funds (investment company) and we offer legal services related to the stock market in general.

Insurance law
In the field of insurance and reinsurance, we give advice on and represent the interests of national and foreign companies for their organization, the obtainment of licenses, or the contracts and representation before the Superintendency of Insurances and Reinsurances of the Republic of Panama.

Immigration
For those who have decided to come to Panama planning to have a residence, there is a great variety of options of visas to which a foreigner can apply. Among some of these visas, we can mention:

• Private Income Retiree Visa
• Visa as Pensioned Tourist
• Immigrant Visa in the capacity as a Person of Self-Economic Means
• Temporary Residence Permit in the capacity as a Small Business Investor
• Temporary Visa under the City of Knowledge Agreement
• Visa under the Resolution of the Ministry of Labor and Work Permit
• Temporary Visitor Visa in the capacity as Students

CASTRO & BERGUIDO has an ample experience in the scope of Migratory Law and acknowledges the importance of this practice area due to its direct link to Human Rights.
In addition to the petitions for visa described above, CASTRO & BERGUIDO offers other migratory services such as:

• Authorized Visas for countries of restricted nationality
• Visas for Multiple Entry and Exit
• Frequent Traveler Visa (non-resident)
• Work Permits
• Openings of Account
• All type of legal migratory assistance