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The Quetzal will Soar its Flight: The public + The private: the winning alliance By Ignacio Grazioso
QIL+4 ABOGADOS, September 2020

Ten years ago, the PPP Law was approved, the regulatory framework that seeks to make the Public Private Partnerships (“PPPs”) viable as a solution to the country's infrastructure deficit. For reasons beyond legal and economic facts, Guatemala has not yet seen its first PPP project born. However, the planets seem to be aligning to propitiate the possible detonation of investment in infrastructure and we see reasons for optimism on the horizon...

Disability and Remote Work
QIL+4 ABOGADOS, September 2020

Teleworking is a work tool that opens a world of possibilities for the reinsertion of sectors of the population that have not had free access to work opportunities. It is a feasible option to provide job opportunities to people for whom moving outside their homes is a limitation; limitations that could occur not only to people with family responsibilities – child and elderly care – or students, but also to people with disabilities...

Telework in Guatemala
QIL+4 ABOGADOS, September 2020

Although in Guatemala there is no legal frame for “Telework”, it could be said that it is a way in which services are provided in a location other than the employer's office or headquarters. What makes this modality so attractive? What is the key to make it work? The key is in TECHNOLOGY, in the innovative and efficient use of tools that allow us to be connected without being anchored to a specific place...

QIL+4 Abogados Introduces New Workplaces Manual: COVID-19
QIL+4 ABOGADOS, June 2020

This new Workplaces Manual covers all General Preventative Measures set for the by the following: Governmental Agreement 79-2020 Ministerial Agreement 146-2020 Presidential provisions in force Provisions of the Ministry of Public Health and Social Assistance Guide to the identification of occupational hazards by Covid-19 and preventive measures in the workplace - IGSS Regulation of Occupational Health and Safety The Manual covers the specifics of all factors involved in halting

Labor Update: COVID-19 Preventative Measures for Workplaces
QIL+4 ABOGADOS, June 2020

The Guide for the Identification of Labor Risks by Covid-19 and Preventive Measures in Workplaces was published by the Guatemalan Social Security Institute...

Corporate Compliance Guide - Chapter on Certifications
QIL+4 ABOGADOS, June 2020

"As demonstrated within this context, actual enforcement can serve as a powerful motivator of intensified corporate compliance efforts. Companies and individuals often want to do the right thing, but an effective compliance programme entails more than just a pristine ethical mindset. Among other elements discussed in this book, a compliance programme requires the commitment of management at all levels and sufficient resourcing to do the job well...

Labor Update New Procedure for Authorization and Registration of Furloughs
QIL+4 ABOGADOS, June 2020

On May 23, 2020, the notice related to the Employment Protection Fund was jointly published by the Ministry of Labor and Social Welfare and the Ministry of Economy, through which a new electronic procedure was implemented for the registration, control and authorization of total suspensions (individual or collective) of employment contracts...

Ministerial Agreement 146-2020: National Strategy for Control of Epidemic of SARS COV-2 and Conditioned of Confinement
QIL+4 ABOGADOS, June 2020

The Ministry of Public Health has published changes in the strategy to be followed for the eventual de-escalation of the confinement measures to be followed, repealing agreement 144-2020...

Hard Knock to the Legal Certainty in Guatemala - Electric Sector in Crisis
QIL+4 ABOGADOS, May 2020

Guatemala dawns today with the validity of a law, contained in the Decree 15-2020, extremely harmful for the country, the economy, the industry and legal certainty, and in violation of the Constitution. This law allows for the possibility of not paying certain basic services (water, cable, telephony, power [sic] (electric power) and internet) by the users, and imposes the obligation to public and private supplier companies not to suspend, under any circumstances, their provision...

How to Celebrate Valid Agreements and Contracts in Social Isolation?
QIL+4 ABOGADOS, May 2020

At QIL + 4, prevention is key and our clients’ and team’s health the most important thing. Under the new measures implemented by the Guatemalan Government, we have analyzed the legal alternatives available for signing commercial and civil agreements virtually...

Tax Update: Payment Plans - New Procedure Established by the Guatemalan Superintendency of Tax Administration
QIL+4 ABOGADOS, April 2020

The SAT, Superintendecy of Tax Administration, has recently published the new procedure to request payment plans (agreements), via email. The procedure goes as follow: 1. Taxpayer should send an email to the email address correspondent to his fiscal address and region:  Central Region: [email protected] Occidental Region: [email protected] Northeast Region: [email protected] South Region: [email protected]...

COVID-19 - Effects on Contractual Obligations
QIL+4 ABOGADOS, March 2020

The outbreak of Coronavirus (COVID-19) which has been recently declared as a Pandemic by the World Health Organization, has affected our country and the entire world.In Guatemala, the Government has been taking an active role by implementing progressive measures to prevent the spread of the virus, measures that will have a significant impact on the country's economy...

The Future of The Law Firms: Building an Effective Relationship Between Millennials and AI
QIL+4 ABOGADOS, October 2018

The role of the Millennial lawyers and the recent incorporation of Artificial Intelligence (“AI”) in law firms are current trending topics. As a 27-year old associate of a law firm based in Guatemala City, every time I read about AI and that global law firms are incorporating AI to their practice, I ask myself, will I be replaced by it (or IT)...

Could Blockchain Help The Recognition Of International Arbitration Awards?
QIL+4 ABOGADOS, May 2018

“We simply cannot go on with this utterly outmoded way of working…Endlessly re-keying in the same information; repeatedly printing and photocopying the same documents; moving files about, losing all or parts of them in the process… It is a heavy handed, duplicative, inefficient and costly way of doing our work and it is all about to go. Considerably past time, we will finally catch up with the world.” Sir Brian Leveson...

Guatemalan Judge Issues Pace Setting Historical Ruling
QIL+4 ABOGADOS, April 2018

Guatemalan respected Judge Erika Aifan issues a historical ruling in a criminal case brought against construction companies. A plea bargain was reached under an abreviated process allowed under Guatemala´s Criminal Law where senior executives for the companies accepted making facilitation payments to the ex-Minister of Construction in order to accelerate backed payments owed for previous construction deals...

Reflections About Neutrality: How The Government Taxes Productivity
QIL+4 ABOGADOS, February 2018

Neutrality is a basic concept in tax policy which establishes that a tax system should not interfere in the decision-making process, so that the decision should be taken based on its economic merits and not in its tax implications. Of course, this is not an absolute principle because it is understood that absolute neutrality is impossible to achieve...

Diversity, It Makes Sense
QIL+4 ABOGADOS, January 2018

Diversity has been a trending topic for the last years. It shows that we, as a society, are acknowledging the past practices of our industries in which one small group of individuals have a platform to thrive and grow within our institution while other groups might have a harder time. There are exceptions to this rule, but it is undisputable that for certain people due to their sex, sexual orientation, race, religion, etc. it’s harder to break the glass ceiling...

Corporate Consilience
QIL+4 ABOGADOS, October 2017

Central America is at an inflection point regarding acceptable compliance and conformity. Among all the anxiety and instability that change will bring, it is welcoming to see that separate disciplines are pushing towards similar objectives in Corporate Governance. A quick discussion on Director´s Responsibility provides a glimpse on how new Governance issues will reshape slanted interpretations of the law...

Guatemala's Anti-Corruption Shock Therapy
QIL+4 ABOGADOS, June 2016

Guatemala is experiencing an unprecedented and well-deserved offensive against corruption. An Ex-President and Vice-President along with many ex-Cabinet members are currently being prosecuted for a growing array of crimes including passive graft, money laundering and tax fraud, among others. The indictments are being brought through the efforts of a UN-sponsored commission which, until recently, had limited success in dismantling “organized crime”, its principal mandate...

Opportunities in Guatemala: Public – Private Partnerships
QIL+4 ABOGADOS, April 2016

Using the Infrastructure Development Partnership Law (Ley de Alianzas para el Desarrollo de Infraestructura Económica) enacted in 2010 and its specific Rules, the Guatemalan Government through the corresponding government agencies (Agencia Nacional de Alianzas para el Desarrollo de Infraestructura Económica – ANADIE and the Programa Nacional de la Competitividad – PRONACOM), is promoting a project portfolio under BOP scheme (built/operate/transfer)...

Drone Regulation in Guatemala
QIL+4 ABOGADOS, December 2015

Although many of us still wonder at a drone cruising the sky, it has become relatively common to see these devices around. Drones are used for commercial, industrial, marketing and informational purposes, and also for pure fun and enjoyment. Drones, technically referred to as Unmanned Aerial Vehicles (UAV), are now part of our lives. As many other aspects of day-to-day life, there is a regulation in Guatemala that applies to drones, though it is scarcely known by the general public...

Notice: Laws Against Corruption
QIL+4 ABOGADOS, December 2012

On November 22nd a law referred as Law against Corruption was published on the official Gazette (Decree number 31-2012 of Guatemalan Congress), which entered into force on November 30th, 2012. This law  mainly incorporates amendments to the Criminal Codes, Law Against Organized Crime and Property Forfeiture Law...

Provisional Suspension Section 180,4 Decree 10-2012
QIL+4 ABOGADOS, November 2012

On Wednesday, October 3rd.,  it was published in the Official Gazette the provisional suspension issued by the Constitutional Court of  Section 180, 4.,  of  Decree 10-2012 which abrogated the withholding exemption contained in Section 12 of Decree 80-2000...

Temporary Suspension of the Definition of Pension Plans
QIL+4 ABOGADOS, November 2012

Temporary Suspension of the Definition of Pension Plans (employees' deductible expenses) as those approved by the “Corresponding Authority” Provisional Suspension of mandatory use of Banking System to evidence Payments and Disbursements of Expenses Higher than Q.30,000.00 In the past, the Tax Administration questioned on a case by case basis Pension Plans administered by private Banks, as employees´ deductible expense...

Temporary Suspension of the Definition of Pension Plans
QIL+4 ABOGADOS, October 2012

Temporary Suspension of the Definition of Pension Plans (employees' deductible expenses) as those approved by the “Corresponding Authority” Provisional Suspension of mandatory use of Banking System to evidence Payments and Disbursements of Expenses Higher than Q.30,000...



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