Trusts protectors of assets


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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