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Español
Calle George W. Goethals,
#2268B, Balboa, Ancón
Apartado 5464, Balboa Ancón
Rep. de Panamá
info@lbg-law.com
Phone: (507) 314-0015
Fax: (507) 314-0507
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Local
Services
Lawsuit
Lambraño, Bultrón &
de la Guardia offers legal advice and representation in all kind of
legal proceedings before the Panamanian Judicial system, as we
have broad experience in all the branches of Civil, Trade, Labor,
Administrative, Family Law and Industrial Protection.
Our legal team is highly capable and very knowledgeable about the
judicial proceedings with regards to civil matters. For several
years our attorneys have dedicated to civil litigation, torts,
malpractice suits and special procedures.
Likewise our law firm conducts proceedings related to the industrial
and intellectual property, before the appropriate jurisdiction for
actions under commercial law.
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Tax Law
We have the reliable support of accountants that allows us to provide
our clients full advice to prepare the tax returns as well as to
forecast the accounting in order to obtain the best possible benefit
offered by our tax legislation.
We provide
advice to
implement the laws that provide tax incentives for a variety of
activities, such as investment in the construction field, investment in
tourism and forest development.
Among our
outstanding
services, it is worthy to mention: draw up of financial
statements, audits, determination of your requirements for internal
controls, as well as assistance in its implementation and tax advice.
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Labor Laws
We provide legal
advise
regarding labor and employees, and provide you with the guidelines and
counseling for labor contracts, development of labor rules within a
company, and related judicial proceedings.
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Commercial Law
We
include continuous legal advice services for our regular clients,
specially in relation to Contracts, Negotiable Documents and overall
management of the company.
We have full
experience
in the field of the Cooperatives and companies engaged in financial
operations.
These services
are
complemented with our handling and processing of Commercial Licenses,
Operation Permits, Municipal authorizations and others.
Likewise, we
arrange for
Health Registries, Industrial protection, trade names, patents and the
formalities for the registry of copyrights.
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Maritime Law
Since its early beginning as a Spanish colony until nowadays as an
independent State, the Republic of Panama has been linked to the
international maritime activity. Its privileged geographic
position, situated in the middle of the American continent, turned into
a bridge for the world commerce and obligatory path of the merchant
navy due to the construction of the Panama Canal early this century,
with vast littoral and important ports as much in the Atlantic Ocean as
in the Pacific Ocean. All the above has fostered the development
of the Republic of Panamas as a unique International Maritime Center in
the world.
In parallel to its maritime activity, today Panama serves as an
International Financial Center. About 100 banks of diverse
nationalities, as well as international service companies, trusts,
insurance companies and underwriters companies are established in
Panama.
For nearly about 70 years, the Panamanian Merchant Navy has been
growing sheltered by a flexible legislation that offers incentives to
maritime traffic. This legislation, joined to the expertise
professional sector, has converted the Panamanian Merchant fleet in the
largest merchant fleet of the world.
A logical consequence of the link of the Republic of Panama with the
international maritime community has been the development of the
Maritime Jurisdiction.
Panama has a two Maritime Court who serves as venues for maritime cases
for cases arising all over the world. As of the year 1982, the
Republic of Panama has adopted a new legislation that permits its
jurisdiction to know, transact and decide in harmonious and quick, safe
and effective manner, the maritime cases.
Before the year 1982, such cases of maritime nature related to the
Canal and the main ports, were known by US courts. The Law 8 of
1982, that created the Panamanian Admiralty Jurisdiction besides to
contain national rules of court, maintains a procedural system
influenced by the legislation of the United States, Great Britain,
France, Germany, Spain and Argentine and permits the application of
substantive rules of international character.
It is
important to highlight:
1. The maritime processes are mostly oral, and written record of the
actions carried out are kept. There is a preliminary hearing
wherein the Maritime Judge examines the evidences and instruct the
parties to reach an agreement.
2. The prior negative covenant to seize will be valid.
3. The Maritime Court and the Executor Court Officer of the Maritime
Court are available during the 24 hours of the day, even in nonworking
days, and the work is performed in close collaboration with
administrative entities and agencies of the Canal, in order to achieve
the arrest of such ships whose attachment has been decided and obtain
the release of the measures decided against them.
4. The Maritime Code contains a series of rules of international
character which are enforceable within the process as substantives
rules that govern the litigious relation. Among them are the
legal rules of the country of the registry of the ship, also, those
ones of the place where the shipment was carried out, or where the
embark the passengers was carried out, or the place where the accident
/ damages took place, thus offering flexibility to resolve any conflict
that may arise from the international maritime commerce.
Registry of
Ships
Panama offers modern facilities and many advantages for the registry of
ships. During the last seventy years, the merchant fleet of
Panama has been placed on the top of the list of registered gross
tonnage, this is increasing every year.
In its capacity as Financial Center, in Panama the income arising from
outside sources is not taxable, and therefore, the ships are exempted
to pay the internal revenue tax on the profits, dividends, and retain
profits also the wages of the crew are exempted.
It is worth mentioning that the information related to the ship-owner
and the ship mortgage must be recorded in the Public Registry.
These records ensures additional security to the financial and maritime
community. No restrictions with regard to the anonymity or
nominal character of the ship-owners and shipbuilders exists, nor with
regard to the fact that the management of the ship be conducted outside
the Republic of Panama. The ships generally are registered as
company property, for this purpose, a Panamanian corporation is the
best option as it provides excellent advantages to its owners.
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Environmental
Law
The topic of the environment is more and more important in every
activity intended to be carried out. We are qualified to assist
in working out Environmental Impact Studies of any type, as we have
available professionals that are experts in such matter, ensuring that
in addition to fulfill all the legal requirements, also the technical
part will be successfully accomplished.
We are able to conduct all the steps, from the initial coordination to
perform the study until the final delivery and approval by the
appropriate authorities. authorities.
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Mineral Resources Code
Our law firm has vast experience in handling concessions with the
Government. We have worked as local lawyers in drawing up the
Draft Bill of the Amendment to the Code of Mineral Resources supported
by the International Bank along with a team of international lawyers,
who are experts in Environmental Law, Mineral Resources Code,
International Law, Community Participation, Economy, among others
disciplines.
The project consists in the implementation of a modern and efficient
legislation to attract the national and international investment in the
mining field and at the same time, respecting the rights of the
communities and the environment, assuring that all the formalities be
clearly conducted, also providing legal certainty to the investors.
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Contracts with the State
During the last years, Latin America has been typified by a noticeable
tendency to the privatization of companies that provide public services
and / or a tendency to sale government properties. Panama did not
escape to this reality.
Since 1994, a large amount of privatizations were performed, such as
the telephony, the electricity service and the ports. The
privatization of the International Airport and the ATLAPA Conventions
Center, among others, is still pending, thus the local and /or foreign
business man may go for the opportunity for safe and profitable
investments.
We offer advice and up grading with regard to the possibilities to
invest in bids, concessions, contracts with the Nation, exploitation of
the areas reverted in 1999 at the end of the Canal Treaties and other
aspects that may offer new opportunities to invest in Panama.
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Immigration
Due to an increase
in business activities and tourism, Panama is experiencing a
large
migration of foreign investors and foreign retirees. Furthermore,
several
multinational companies are exploring the region to establish their
presence in Panama
and many have already done so. With that in mind, LBG has vast
immigration experience to provide our clients with the highest level of
service
and ethical considerations. Our comprehensive approach of the
Panamanian
immigration formalities includes work and permanent residence permit
applications, up-to-date guidance and strategic planning based on the
latest
immigration changes, corporate immigration compliance, advice on
taxation, and
other related services. Below we provide a general review of the
most
usual types of work and temporary residence visas available in Panama:
General Non-Immigrant Visas
Temporary Visitor
Visa as Expert or Technician: Granted
to foreign workers of companies that will
render services in a technical capacity in the Republic of Panama,
for a term not to exceed five (5) years.
Temporary Visitor Visa as Manager: Granted to
foreign employees with managerial duties.
Special Temporary
Visitor's Visa. For foreign workers
that are contracted as
executive officers of an international or multinational company, and
whose
salary is not less than one thousand dollars (US$ 1,000.00) per month,
and
whose salary is paid from a foreign source and not from a Panamanian
source,
and their main activities take place or effect abroad. This visa is
granted for
one (1) year, renewable for successive periods of one (1) year, each
time. This visa, in addition to other benefits, allows the holder
to
obtain temporary residence for the spouse and minor children of the
principal
applicant.
Special Visas: With the existence of new
special regulations to promote foreign investment, new Visas have being
created
which expedite the process and provides longer terms for the visas.
Processing Zones for Export: Law 25 of
1992 (and amendments), creates special territories within Panama
where companies will set up
to process, produce or ensemble goods or services intended to be
exported
either out of the country or trespassed to another processing zones or
to Colon
Free Zone. There are 5 types of
companies that can be established in the Processing zones:
a. Factories, dedicated
to create goods to be exported.
b. Companies dedicated
to ensemble partially produced goods (Maquiladoras).
c. Companies dedicated
to process finished goods, parts, machinery, accessories, etc.
d. Companies dedicated
to export Services, such as banks, insurance,
finance, communications,
data,
etc. (Services to be provided offshore).
e. General services
companies, are those who will provide personal services to employees of
the
companies, as restaurants, laundry, pharmacies, beauty parlors, gyms
and
similar.
The foreign employees of companies
operating in Processing Zone will have the right to file for a
Temporary
Residence (from any of the actual categories of visas) valid for
the term of
the contract. (General Visas are
valid only for a year, renewable). They
will have also to obtain a Work Permit, but no special provision was
created in
order to have the Work Permit issued for the same period of the Visa. Foreign investors who present evidence of
investing at least US.$250,000.00 can request a Permanent Residence.
Call Centers: According to Lay 55 of
2001,
the benefits created to the Processing Zones for Export are applicable
to all
Call Centers. In order to be able to
petition for the fiscal benefits and special migratory regime, the
companies
have to comply with some requirements and obtain a concession from the
Panamanian Government for setting a call center.
Panama Pacific Special
Economic Area: The old US Air Force base
of Howard has
being transformed to special
area with tax exemptions for companies. They
have a special migratory regime: Working
Visas for employees who receive
their salary in Panama´s payroll
and comply with the10% quota, the Visa will be issued up to five years. For technicians the visa will be issued up to
3 years. The Special Temporary Visa will
be regulated by the general provisions; this means it will be issued
only for a
year renewable.
This law also estates that the
Visas/Work Permit will be
issued by an agency set in the area of Howard.
City of Knowledge
(Ciudad del Saber): Is another special area
with fiscal benefits,
which include a migratory regime. Located
in the old US Air Force base of Clayton. It
is based in an agreement between the
Government and Foundation Ciudad
del Saber, intended to attract universities, centers for scientist’s
investigation, technology and cultural transfer of knowledge for
productive
activities, superior education programs, centers for capacitating
personnel,
etc.
Cinematography Industry: Approved on
July 2007, this new law provides tax breaks to companies that will come
to Panama
engaged in the cinematography business, which contains a special
migratory
regime to carry out such activity.
Regional Offices for Multinational companies: Published on
the Official Gazette on August 2007, this law incentives the
establishment in Panama
of regional offices for multinational corporations, providing tax
breaks and
creating a special Migratory Regime, with Visas granted up to five
years,
without the requirement of obtaining a Work Permit.
Immigrant Visa
• Foreign nationals
that voluntarily obtain their domicile in the territory of the Republic
of
Panama by fulfilling the requirements established by the laws, among
others,
through any of the following visas, are consider immigrants:
• Immigrant Visa
as Investor: This visa classification is granted to foreign
nationals
that invest in the Republic
of Panama their
own
personal funds to establish commercial, financial or industrial
activities. The performance of such activities must not be
restricted by
law to the exclusivity of Panamanian citizens.
• Immigrant Visa
as spouse of a Panamanian citizen. A foreign national that is
married
to a Panamanian citizen, may apply for an immigrant visa.
Initially
the visa is granted for a provisional period of one (1) year, and upon
expiration of such provisional period the permanent residence permit is
granted. After three (3) years, the permanent residence spouse
may apply
for the Panamanian citizenship.
In addition to the above listed visa classifications,
our
Immigration Department also grants the following visas:
• Tourist
• Passengers in Transit
• Pensioner visa (retiree)
• Temporary Resident Visa
The retired tourist visa in addition, provides to the
resident in Panama
some tax exemptions and benefits when moving the baggage and household
furniture to our country.
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