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The correct administration and disposition of our equity is an activity
that greatly demands specialized knowledge in matters of diversification
and investments. Therefore, to manage a trust is a delicate work that
demands experience, knowledge and an exemplary reputation.
Law 1 of January 5, 1984, regulates everything related to Trusts in
the Republic of Panama, conceived as a financial juridical product similar
to corporations and Private Interest Foundations
The flexibility that characterized the Trust in our country allows
that same be used for a diversity of aims and purposes. In this sense,
the Trust may be instructed pursuant to the interests and needs of each
particular cace.
Our jurisdiction defines the trust as the juridical act by virtue of
which a person named founder of the trust transfers assets to a person
named trustee, for their administration or to dispose of same in favor
of a beneficiary.
CONSTITUTION OF THE TRUST IN PANAMA
The trust instrument must contain:
a- Complete and clear designation of the founder of the trust, trustee
and beneficiary(ies).
b. Sufficient designation of the substitute trustees or beneficiaries,
if any.
c. Description of the assets or of the patrimony or quota of same on
which it is constituted (chattels such a bonds, promissory notes, shares,
banking deposits, etc. and real estates in general).
d- The express declaration of the will to constitute a trust.
ADVANTAGES OF THE TRUST AS A FINANCIAL INSTRUMENT.
1. PROTECTION: The funds, assets or properties of the trust are constitutes
as a separate patrimony from both, the patrimony of the founder of the
trust and of the patrimony of the trustee and it remains independent
of these ones for all legal and tax purposes.
2. DISCRETION: The Trust is completely confidential and does not demand
to comply with any publicity requisite, except in the case that same
is constituted on real estates registered in the Panamanian Public Registry.
3. FLEXIBILITY: The Trust in Panama, is a totally flexible juridical
instrument, which allows to offer through same, personal solutions adjusted
to the needs of each individual.
4. SECURITY: The assets or securities in trust shall be only and exclusively
destine to comply with the objectives established by the founder of
the trust in the trust instrument.
5. TRANQUILITY: By means of the trust the persons involved are relieved
of the management and investment of their assets, trusting them to specialized
persons in the analysis, study and preservation of patrimonies.
6. CONTINUITY: The Trust maintains its effectiveness during all the
time it is convenient to the founder of the trust, independently of
his physical existence.
7. REASONABLE COSTS: The constitution of a Trust does not involve great
expenses, so that it is accessible to the public in general.
8. FISCAL EXONERATION: The assets in trust are exempted of the income
tax, when the incomes derived from them are not originated in the territory
of the Republic of Panama.
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