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Creation of a local companyThe procedure for establishing a company is usually quick, taking approximately18 labour days to obtain a definitive registration at the Commercial Registry.To form a company, it shall be considered:• It is required a minimum of 2 persons (individual or corporate) to initiate acompany.• The Charter of Organization shall be authorized by a Notary Public;• The initial equity shall be of at least Q5,000 in cash (equivalent to US$648approximately);The Commerce Code (Decree 2-70) allows the formation of the following types ofcompanies:1. Stock Corporation (Sociedad Anónima). This is the type of company mostcommonly used. The equity is divided and represented in equal value shares andthe liability of each shareholder is limited to the shares held. The corporation musthave a Board of Directors or a Sole Administrator.2. General Partnership (Sociedad Colectiva). The partners are jointly andseverally liable to the full extent of their personal assets.3. Limited Liability Partnership (Sociedad de Responsabilidad Limitada). Eachpartner is personally liable up to the amount of equity paid in. The number ofpartners is restricted to a maximum of 20.4. Limited Partnership (Sociedad en Comandita Simple). Formed by two typesof partners. One or more general partners who direct business and are jointly andseverally liable for debts, and one or more limited partners whose liability islimited to the amount of equity paid in. The limited partners do not havemanagement voice in the operation.5. Special Limited Partnership (Sociedad en Comandita por Acciones). Thistype of company is the same as the Limited Partnership, but its equity isrepresented by shares.Establishing a branch of a foreign companyA company established in a country other than Guatemala can register a branchoffice in Guatemala. Any document sent from abroad shall be notarized andlegalized at the Guatemalan Consulate of the place of issuance, and translated toSpanish by a registered translator in Guatemala. The requirements are listedbelow.a) Certificate of organization from the country of origin (evidence that thecorporation is duly organized under the laws of the country where suchcorporation has been organized);b) Certified copy of the articles of incorporation, by-laws and amendments;c) The minutes of the company containing the company’s decision to operatein Guatemala and to initiate the registry process;d) Appointment in Guatemala of a legal representative, with both in court andout-of-court powers;

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