Learn how to register a company in Guatemala 

ByMargie D. Moore

Jul 16, 2022 , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,


If you are on the lookout to sign up a enterprise in Guatemala, the course of action requires 5 key methods, as outlined below. 

Stock photo of Antigua Guatemala to accompany article on how to register a company in Guatemala and why to use a company formation agent.
Antigua Guatemala, the country’s former capital

Numerous investors launching in the industry for the initial time request the support of a organization formation agent in Guatemala, who will be equipped to supply assistance on the ideal variety of entity to match their requirements, and use their qualified information to finish the small business formation process in the most economical method probable.

Guatemala is the major financial state in Central The united states, and among the best 10 economies in Latin The us, with a GDP that hit $85.99 billion in 2021 (all figures in USD). That exact yr, gross national cash flow (GNI) – a essential prosperity marker – reached $4,940 per capita, positioning the state as an upper-center cash flow nation according to standards established by the Entire world Bank.

SEE ALSO: Do you will need a PEO in Guatemala?

Notably, Guatemala registered GDP growth in 2020, when lots of other economies in the world contracted owing to the COVID-19 pandemic, and the only 12 months it has registered decrease in excess of the earlier two a long time was during the 2008 world wide money disaster.

The country’s robust economic general performance above modern several years has made it an increasingly attractive location for overseas direct financial investment (FDI), which has equally ongoing to develop, as highlighted by the point that FDI has continually represented between 1.3% and 2.9% of GDP all through people decades of solid GDP progress.

Part of the growing attraction of Guatemala as an financial investment location is also down to the point that it has had good results in working with its the moment notoriously substantial amounts of violence – with intentional homicides a lot more than halving since 2009.

The region also benefits from owning a extremely strategic place, dominating Mexico’s southern border, and forming a gateway in between the a few important economies of North The usa and the rest of Central The usa. 

Guatemala has higher-volume ports serving both equally the Pacific Ocean and Caribbean Sea, providing quick freight obtain to the relaxation of the Americas, as properly as Asia-Pacific and Europe.

Espresso, bananas, and sugar are amid some of the critical exports from Gautemala’s famously big agricultural sector, which generates nearly 10% of GDP. Production – with a substantial garment manufacturing business at its centre – contributes 22% of GDP.

The country’s quickly-developing expert services sector, meanwhile, is liable for 60% of GDP. 

Entity varieties when you register a company in Guatemala

A single of the first selections you will will need to make when you sign-up a organization in Guatemala – and which a enterprise formation agent will be equipped to guide you with – is which sort of entity to create.

A map of Guatemala and is geographic location in the world.
Guatemala is Central America’s major economic system

Depending on the nature of your enterprise and how you prepare to construction it, some of the most likely options include:

Confined liability firm (sociedad de responsabilidad limitada)

With a minimal liability company, participation is not calculated in shares, but in contributions from partners, with each and every partners’ legal responsibility minimal to the cash they have contributed to the corporation. Companions are not personally liable for the money owed that the firm could encounter. 

Other characteristics and requirements to build this variety of business incorporate:

  • For this kind of an entity, a minimum of two and utmost of 20 companions are allowed, and they can be individuals or authorized entities. 
  • Such a corporation ought to have an initial name to trade beneath, which by regulation will have to also include things like the text ‘limited company’ (which could be abbreviated).
  • These a corporation can’t have an industrial companion (post 82 of the Industrial Code).

This style of corporation is commonly picked out for modest corporations thanks to its necessities and attributes, on the other hand even all those have a tendency to sort as organizations..

Corporation (sociedad anónima)

For a corporation, participation is based mostly on shares, with shareholder legal responsibility confined in accordance to the quantity of shares they keep. A corporation’s total liability is also constrained to the property it retains. Forming a company in Guatemala is finished by way of the execution of a general public deed, which will have to be registered at the country’s Commercial Registry and in the Superintendency of Tax Administration. 

Other noteworthy features of a corporation in Guatemala involve:

  • Significant degrees of privacy for shareholders and their conferences
  • The require to appoint a lawful consultant in Guatemala (community or international, with a Guatemalan Tax ID)
  • Contributions for capital development can be in income
  • The name of the corporation have to consist of the phrase corporation (which can be abbreviated as “S.A.”).
  • Shareholders can be nationals or internationals, individuals or authorized entities.

Department of a overseas firm

If you presently have a business elsewhere, when you register a corporation in Guatemala, yet another solution to contemplate is forming a overseas branch.

In order to do so, you will need to appoint a lawful consultant in Guatemala, who is a citizen or legal resident primarily based in the place, and who will have the legal authority to act on the company’s behalf.

The course of action of developing a foreign branch in Guatemala requires publishing paperwork from the mum or dad company that have been appropriately legalized (apostilled or equivalent), as very well as registering with many point out entities in the Central American country. It is value taking into account that these requirements imply the method can often choose for a longer time than placing up the aforementioned  entity kinds.

Sign-up a corporation with the help of a firm development agent in Guatemala 

For many overseas traders on the lookout to sign-up a business in Guatemala, a person of the greatest hurdles they facial area is absence of familiarity with the area sector, as properly the language barrier faced by any individual who doesn’t discuss Spanish.

A firm development agent in Guatemala is capable to enable conquer both of those of those issues, guiding you by the process of establishing a company in the most successful way attainable.

When you deal a service provider to act as enterprise formation agent that also offers other back again office environment expert services, you can in addition get support with the likes of accounting, recruitment, and ongoing authorized issues beyond those associated in the method of getting your business off the floor. 

How to sign-up a firm in Guatemala 

When you sign-up a organization in Guatemala, supported by a organization formation agent or normally, you ought to go by the pursuing 5 ways:

1. Decide on the style of entity 

Based on your demands and the way you intend to structure your organization, you will initial need to have to choose which type of entity to register.

2. Sign-up a business in Guatemala with an ideal name 

You will need to have to undertake a analyze in buy to promise that the business name you would like to use is not currently in use or as well very similar to an present organization, as properly as consist of the entity kind in the identify, in which that is a lawful prerequisite.

3. Determine the quantity of initial share funds and open a corporate lender account

An original capital financial investment will be important to create the business, and can be deposited in the company’s provisional corporate financial institution to get started the procedure of its incorporation.

4. Set up the bylaws of your business

Functioning through a general public notary, all of the inside rules that will govern the procedure of the firm ought to be determined and laid out in a docuement signed by all shareholders, possibly in individual or by means of a electric power of legal professional (POA).

5. Registration of the enterprise prior to Guatemalan condition entities 

In buy to comply with the legislation and the formalization of the enterprise, it is vital to sign-up it publicly so that it can operate lawfully. All entities will have to be registered at the Mercantile Registry and the Superintendency of Tax Administration.

Biz Latin Hub can assist you executing business in Guatemala

At Biz Latin Hub, we give market entry and back again business office expert services all through Latin The us and the Caribbean, with more than a dozen places of work all over the region, such as in Guatemala Metropolis.

Our portfolio of products and services contains corporation formation, accountign & taxation, lawful products and services, lender account opening, and using the services of & PEO, and our unequalled regional presence implies we are ideally put to assist multi-jurisdction market entries.

Make contact with us currently to locate out extra about how we can aid you doing business enterprise.

If you located this short article on how to sign-up a firm in Guatemala useful, verify out the rest of our coverage of Central The united states. Or browse about our team and pro authors.

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