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Doing business


Setting up a company | FDI in figures | Why you should choose to invest | Procedures relative to foreign investment | Finding assistance for further information

Setting up a company

Types of companies and capital (max/min) Number of partners/shareholders and liability
Sociedad de Responsabilidad Limitada is a Private Limited Company.
 
 
GTQ 5,000
Minimum 2 partners.
 
 
Liability is limited to the investment capital.
Sociedad Anonima is a Public Limited Company
 
 
GTQ 5,000
Minimum 2 partners.
 
 
Liability is limited to the amount of shares held.
Sociedad Collectiva is a general partnership.
 
 
GTQ 5,000
Minimum 2 partners.
 
 
Partners' liability is unlimited and joint.
Sociedad en Comandita Simple is a limited partnership.
 
 
GTQ 5,000
Two types of partners: active partners and sleeping partners.
 
 
Liability of active partners is unlimited. Liability of sleeping partners is limited to the amount contributed as long as they do not take part in the company management.
Sociedad en Comandita por Acciones is a partnership limited by shares.
 
 
GTQ 5,000
Two types of partners: active partners and sleeping partners.
 
 
Liability of active partners is unlimited. Liability of sleeping partners is limited to the amount of shares held as long as they do not take part in the company management.
 
 

Business setup procedures

Setting up a company Guatemala Latin America & Caribbean
Procedures (number) 12.0 9.3
Time (days) 37.0 56.7

Source: Doing Business.

 
For further information
Consult Doing Business Website, to know about procedures to start a Business in Guatemala.
Trade Register
The competent organization
Company registration is done at the Registro Mercantil.

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FDI in figures

Foreign Direct Investment 200820092010
FDI inward flow (millions USD) 754600687
FDI stock (millions USD) 5,423.05,636.06,398.5
Performance Index*, ranking on 141 economies 10593-
Potential Index**, ranking on 141 economies 103--
Number of Greenfield investments*** 1717-
FDI inwards (in % of GFCF****) 10.838.3-
FDI stock (in % of GDP) 13.916.0-

Source:

Note: * The UNCTAD Inward FDI Performance index is based on a ratio of the country's share in global FDI inflows and its share in global GDP. ** The UNCTAD Inward FDI Potential index is based on 12 economic and structural variables such as GDP, foreign trade, FDI, infrastructures, energy use, R&D, education, country risk. *** Green field investments are a form of foreign direct investment where a parent company starts a new venture in a foreign country by constructing new operational facilities from the ground up. **** Gross fixed capital formation (GFCF) measures the value of additions to fixed assets purchased by business, government and households less disposals of fixed assets sold off or scrapped.

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Why you should choose to invest Guatemala

Strong points
The Guatemalan market is very competitive. The country benefits of a very advantageous position due to its proximity to Mexico and the United States on one side and to the rest of Central America on the other side. The customs union established among the Central American countries and North America facilitates the passage and trade of goods. Currently, FDI accounts for 17.4% of GDP. The latest executive laws that came into force have accelerated the progress of privatization and instigated the end of monopolies. In this regard, a number of private investments will be able to get established in the next following years. The preferential sectors are the food industry, telecommunications, tourism and consumer goods.
Weak points
Guatemala has the usual problems of the so-called "developing" countries. Corruption and the weakness of the intellectual property protection system are the two most significant loopholes. Additionally, the slowness and complexity of the administrative and bureaucratic procedures are sometimes discouraging. The lack of security and the social inequalities can be a hindrance to the development of a company as well as the decaying condition of roads and  the communication networks in certain geographical areas.
Government measures to motivate or restrict FDI
Since 2004, the country has been making substantial efforts to promote foreign investment, facilitating the administrative procedures and establishing central information networks required for all foreign investors. Corruption and violence are denounced and handled by the state. The application and the success of these objectives are taking their time but Guatemala is clearly beginning a process of opening up economically and commercially. A proof of this is the number of trade treaties and agreements that have taken place in the past recent years. It is also important to remark that Guatemala is part of  the  MIGA: Multilateral Investment Guarantee Agency, a branch of the World Bank in charge of promoting and protecting foreign investment. It has also been ratified by the OPIC: Overseas Private Investment Corporation. Guatemala's membership to these type of organizations shows its determination to create a safe and attractive environment to foreign investors.

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Procedures relative to foreign investment

Freedom of establishment
The freedom of the investor to set up is complete, there are even incentives to attract them. With regard to regional incentives, production or assembly operations using machines or imported components are highly encouraged.  These products have to be exported outside the Central American zone.  Companies established in free trade zones are exempt of all taxes and custom duties (except for social security contributions).  For more information refer to the Investments Promotion Agency and the Guatemalan Development Foundation .
Acquisition of holdings
A majority holding interest of stock in a local company is legal in Guatemala.  There is however restrictions regarding certain sectors like the press, aviation, the navy for obvious security and independance reasons.
Obligation to declare
The country's Foreign investments promotion agency enables one to get information on the necessary authorizations for establishment.  See also INVEST IN GUATEMALA.
Competent organization for the declaration
Company Register (Spanish only)
Requests for specific authorizations
None

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Finding assistance for further information

Investment aid agency
E-regulation in Guatemala
Other useful resources
E-regulations Guatemala

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Last updates: May 2012

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