protezionepatrimoniale

Asset protection

Doing business and investments require an asset protection planning, not only to manage assets that are subject to creditors’ claims, but to plain short term and long term financial results.

Maltinti y Asociados is a long time specialized Firm in providing the best solution for each case. In addition, to evaluating the most appropriate form of asset protection, the Firm handles everything concerning the constitution, organization and representation of the asset protection form chosen.

In particular, Panamanian law presents three options:

International Business Company

Private Interest Foundation

Trust

International Business Company

The International Business Company is one of the most appreciated instruments for the asset protection.

All assets on Company name (e.g. real estate, ships, aircraft, shares, property rights, image rights, etc.) form part of the Company’s assets, that are separated from the Shareholders’ assets, because the Company is a separate legal entity that owns the assets of the Company. So Shareholders and their creditors have no direct rights to the assets of the Company, and Company’s creditors cannot make claims against Shareholders.

Panamanian law favors Companies with provisions relating to:

  • Anonymity
  • Constitution and Managing
  • Taxation

For more information click here.

Private interest foundation   

 The Private Interest Foundation is an entity created to manage assets, capital or shares in accordance with the directives of a Founder in favor of a Beneficiary.

The Founder can also be an International Business Company.

The Private Interest Foundation is an excellent instrument for asset protection and tax planning.

The Foundation can manage assets and values, pursue educational purposes and generate income, provided that they are reinvested, according to the nature of the Foundation.

The law encourages the constitution of Foundations by patrimonial and fiscal facilitations.

For more information click here.

Trust

The Trust is a contract with which a Trustor transfers assets to a Trustee o Fiduciary, to administer them for the benefit of a Beneficiary.

The Fiduciary can be a natural or legal person and also a Company. The parties can be of any nationality and the Trustee can identify with the Beneficiary. The Trust may be revocable or irrevocable.

The law does not place limits on the assets of the contract, which can be present and future, nor on its purposes, with the exception of those that threaten morals or public order.

This type of contract is highly valued as an instrument of asset protection, investment or to provide a guarantee.

For more information click here.