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A Look at Panama’s Tax Reform
Morgan & Morgan, October 2011

Panama’s current administration began its tax reforms with Law 49 of September 17, 2009 (Law 49/2009), that was followed by Law 69 of November 6, 2009 (Law 69/2009), Law 8 of March 15, 2010 (Law 8/2010), Law 33 of June 30, 2010 (Law 33/2010), and finally Law 31 of April 5, 2011 (Law 31 / 2011). All were implemented through formal laws and complemented with subsequent reforms in related executive decrees...

A Look at the Compliance Measures Applicable to the Stock Market
Morgan & Morgan, March 2020

The stock market is undoubtedly one of the most important economic forces in the world. Every year, billions of dollars are moved through stock exchange operations, and year after year, in most jurisdictions, the stock market is promoted as a tool for financing or capturing capital for issuers and as an investment for thousands of participants seeking to place their funds in higher yield investments...

A review of data protection legislation in the Caribbean
Morgan & Morgan, September 2021

In 2019 at the World Economic Forum, Antonio Neri, CEO of Hewlett Packard said “Data is the new currency”. This analogy has become very popular because data is now considered one of the most valuablecommodities. In the European Union (EU), data protection is a fundamental right, and the General Data Protection Regulation (GDPR) which came into force on May 25th, 2018, isthe framework for protecting that right...

April 26: World Intellectual Property Day
Morgan & Morgan, April 2019

In the year 2000, the United Nations General Assembly designated April 26 as World Intellectual Property Day. The purpose of this is to highlight the role thatintellectual propertyrights play in encouraging innovation and creativity. Across the globe, and at the initiative of the World Intellectual Property Organization (WIPO), there is a campaign every year to attract public interest to issues related to Intellectual Property...

British Virgin Islands (“BVI”) VISTA Trust
Morgan & Morgan, February 2014

Although trust has always been regarded as one of the best succession vehicles, it has never been attractive for the succession of shares in companies because of a rule of English trust law, the “prudent man of business rule”. It was established in the case of Bartlett v Barclays Bank Trust Co Ltd [1980] 1 Ch 515 that it is the duty of a trustee to conduct the business of the trust with the same care as an ordinary prudent man of business would extend towards his own affairs...

BVI: Economic Substance Legislation
Morgan & Morgan, April 2019

The British Virgin Islands (BVI) has passed legislation requiring certain legal entities carrying on relevant activities to demonstrate adequate economic substance in the BVI. The owners of any company or limited partnership registered or incorporated in the BVI should be aware of this legislation and consider how they may be affected. The Economic Substance (Companies and Limited Partnerships) Act, 2018 (the Act) came into force on January 1st, 2019...

COVID-19 and Panama´s Insolvency Law
Morgan & Morgan, April 2020

The health crisis caused by COVID-19 (better known as “Coronavirus”) has had a significant impact on both global and local trade. In our country, the first case, which was confirmed on March 9, triggered the implementation of significant sanitary measures that led to the necessary temporary closure of multiple enterprises, as well as limited the movement of the population, and restricted commercial [1] and governmental [2] activity...

COVID-19: Additional, Exceptional and Temporary Measures Adopted by the Superintendency of Banks of Panama and the Panama Banking Association.
Morgan & Morgan, May 2020

Rule 2-2020, as amended by Rule 3-2020 of the Superintendency of Banks of Panama (hereinafter, “SBP,” for its initials in Spanish). On March 16, 2020, the SBP issued Rule 2-2020, which was subsequently amended by Rule 3-2020 (here in after referred to as “Rule 2-2020") and "establishes additional, exceptional and temporary measures for compliance with the provisions contained in Rule 4-2013 on credit risk".”...

COVID-19: Creation of the Health Committee and the Safety Plan for the Return to Business Activities
Morgan & Morgan, May 2020

In planning for the post-quarantine return to business activities, the Ministry of Labor (MITRADEL, for its initials in Spanish) based on Executive Decree No. 78 of March 16, 2020, has required business to create Special Committees on Health and Hygiene for the Prevention and Care of COVID-19. These committees must include representatives for both management and labor...

COVID-19: Measures Adopted by the SMV Regarding Regulated Entities
Morgan & Morgan, May 2020

Panama, May 4, 2020. The Superintendence of the Securities Market (the “SMV”) has implemented measures that allow its regulated entities to continue with their financial activities that, in accordance to the Executive Decree No° 507 of 24 March 2020, are exempted from the measures adopted by the Executive Branch for the COVID-19 pandemic. Remote Working In accordance to General Resolution SMV No...

COVID-19: Measures for the Procurement of Prescription Medicines and Other Health Products
Morgan & Morgan, March 2020

An article establishing a procedure for the procurement of medical supplies was recently introduced. This new provision (Resolution No 53960) amended Resolution No 38941-2006-JD of February of 2006, which is the general procurement regulation for the Social Security Administration (CSS for its initials in Spanish)...

COVID-19: Measures Related to Leases and Evictions
Morgan & Morgan, May 2020

Through Executive Decree No. 145 of 1 May 2020 (the “Executive Decree”), enacted in Official Gazette 29,015 of the same date, the Panamanian Government established certain measures related to lease agreements and eviction procedures...

COVID-19: Measures Taken by the Panamanian Authorities, Applicable to Foreigners
Morgan & Morgan, April 2020

In this Informative Guide you will find important information about the following: tourist stays, visas and residence permits, work permits, traveling, and mobility inside the country including curfews, circulation permits (Salvoconductos), and driver’s licenses. Tourist stays Panamanian authorities have informed that tourist who have expired stays from 13 March 2020, as a consequence of the Covid-19, will not be fined. And they will be able to circulate...

COVID-19: Measures Taken by the SMV, BVP and Latinclear Regarding Service to the Public and Presentation and Process of Filings
Morgan & Morgan, May 2020

Superintendence of the Securities Market The Superintendence of the Securities Market (the “SMV”) has established the following measures for working hours and presentation and process of filings before such entity as part of the governmental effort to avoid the spread of COVID-19:[1] Maintain the special working hours of the SMV from 8:00 a.m. to 12:00 p.m. until there is a new announcement by the SMV...

COVID-19: Reopening of the National Immigration Authority and the Labor Immigration Department of the Ministry of Labor
Morgan & Morgan, June 2020

Updated on June 1, 2020 National Immigration Authority: Residence Permitsare valid until June 7, 2020. This measure is in place since March 13. The suspension of administrative processesanduser service will belifted from June 8. In-person user service will be restored gradually and progressively: Between June 8 and June 12, only attorneys will be allowed to visit, between the hours of 7:00 a.m. and 4:00 p.m...

COVID-19: Temporary Importation Measures on Medicines and other Human Health Products
Morgan & Morgan, April 2020

In order to allow the importation of medicines and other products for human health,during the State of Emergency, the National Directorate of Pharmacy and Drugs (DNFYD) of the Ministry of Health, has issued Resolution 280 of April 6, 2020 published in Official Gazette No...

COVID-19: Tributary Measures for Economic Relief During Panama State of Emergency
Morgan & Morgan, April 2020

Panama, April 6, 2020. On Tuesday March 24th, 2020, the Executive Decree 251 of the same date was published in Official Gazette 28987-A which adopts tax measures to relief the economic effects of the National State of Emergency...

COVID-19: Update on Immigration and Labor Immigration
Morgan & Morgan, May 2020

The National Immigration Authority and the Ministry of Labor extend the measures taken as a result of the State of Emergency due to the COVID-19 pandemic. Residence permits are extended up to May 15th. This extension is in force since March 13th. Reference is made to all permits and tourist stays that expire within the aforementioned period and will not give rise to fines due to expiration...

Crowdfunding as a Source of Financing for Businesses
Morgan & Morgan, February 2019

  One of the biggest challenges that micro, small and medium enterprises face when trying to settle in and achieve success as profitable businesses is to obtain capital and sources of financing...

Cyprus Taxation: Major Recent Changes
Morgan & Morgan, June 2012

The Registrar of Companies (ROC) has introduced an annual government licence fee of €350. The government licence fee for 2011 was payable by 31 December 2011. From 2012 onwards the government licence fee will need to be paid by 30 June of that year.Companies which are dormant and/or do not own any assets are exempt from this licence fee...

Due Diligence: A challenge for the real estate sector of the Republic of Panama
Morgan & Morgan, June 2016

Growth of the real estate industry in Panama in recent years is noticeable, not just locally but at a regional level as well. Iconic architectural works such as the Trump Tower, F&F Tower (popularly called the “Screw”) among others, attracts positive criticism from different actors in the business and associations in the construction, development and promotion of the real estate business. In part, real estate growth in Panama is due to the ease in the execution of real estate transactions...

Effective in 2017, Panama Takes a Shot at Insolvency Reorganization Processes
Morgan & Morgan, January 2016

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Existing Regulation on Data Protection in Panama
Morgan & Morgan, October 2018

In the framework of a globalized world and social networks that are established as a measure of possible interest of economic, social and political groups, data protection regulations become more relevant...

Feasibility of Organizing a Startup as Limited Liability Entrepreneurship Company
Morgan & Morgan, August 2020

On July 22, 2020, the National Assembly approved, after a third debate, Draft Law No. 83 (the “Draft Law”), which regulates limited liability entrepreneurship companies (the “LLECs”) in Panama, and is now awaiting the signature (or veto) of the President of the Republic...

Gender Quotas on Corporate Boards
Morgan & Morgan, August 2018

Last year Panama joined the list of countries that have established quotas as a mean for reducing the gender gap. Law 56 of 2017 creates a women quota of 30% on corporate boards of public entities and certain private entities. The Law was recently regulated through Executive Decree 241-A of 2018...

 

 

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