What is PanamaEmprende?

Panama Briefing of the Law 5

Law 5 of January 11, 2007:

"By which the opening process of enterprises is speed up and other norms are established."
The concept of the Operation Notice is created, it will be the only process required to start a commercial or industrial activity in the territory of the Republic of Panama and includes, but is not limited to, the Taxpayer's Unique Registry before the GRD of the MEF.
The Operation Notice will contain the necessary information in order to allow the identification and verification of the petitioner and the activity that he/she proposes to carry out. Likewise it will include a Sworn Statement, which will be obligatory for activities to get started.
The non acceptance of the sworn statement by the petitioner constitutes a breach that may carry along with it the imposition of the sanctions established in article 18. Once the Operation Process is finished, the petitioner must print the confirmation issued by the System, and must sign it and keep it in the establishment at all times. The Public Competent Authority may request in all inspections to see said confirmation signed.
All the information in the Operation Notice will remain in the PANAMAEMPRENDE System, which will have full legal validity and the same, will be presumed true.

The Taxpayers's Unique Registry issued by the GRD of MEF through the PANAMAEMPRENDE System, will be the only number that will serve to identify each taxpayer for both national and municipal taxes, as well as before the Social Security and other institutions.

Article 2 points out the regulated activities that need to comply with previous requirements before starting the operation notice process, among which are found: occasional accommodation establishments, night clubs, cabarets, the sale of alcoholic beverages, the derived from States' administrative franchise contracts, reinsurance, real estate, financial companies, securities clearing houses, drug stores, hospitals, and other specified activities.

Article 4 points out the activities that do not require the Operation Notice, among which there are the practice of liberal professions, on an individual basis or through civil partnerships, as long as these are not considered acts of commerce, the practice of non profit activities, activities such as agriculture, cattle farming, apiculture, agroforestry or similar, the practice of activities that are not acts of commerce, nor industrial activities, carried out by natural persons or civil partnerships, and other appointed activities.

It is understood as Wholesale Trade: the provision of service, except for those classified as retail trade by the laws in force; sales to the State and businesses; the carrying out of all kinds of commercial activities which do not constitute retail trading.
Is is understood as Retail Trade: the sale of goods to consumers; representation or agency of industrial or commercial companies; any other activity classified by the law as such.
Notice Fee: B/.15.00 for natural persons, B/.55.00 for legal persons.
The single payment will be done through the PanamaEmprende system.

Operation Notice Process shall work as follows (Article 8):
1. Corresponding approvals in case of the commercial and industrial activities mentioned in article 2.
2. Complete the registry of the activity in the PANAMAEMPRENDE System.
3. Pay every fee, tax or duty required for the opening of the company by the System.
4. The PANAMAEMPRENDE System will issue the Operation Notice number to the interested party.

Article 18 points out the infringement of commercial practices, where it is worth to highlight: to carry out commercial activities mediating incapacity, inability or prohibition; to commit perjury in the sworn statement; repeated violation of police, health, moral and public safety norms; the practice of retail trade by persons that do not comply with the requirements ans conditions for its practice, and others listed in the present article. The information on the licenses and registries valid on the entry into force of this law must be incorporated by the Administrator of the PANAMAEMPRENDE System to said system, in a term no longer than 1 year, once they are incorporated will remain as Operation Notices.

* The related to the activity of travel agencies will enter into force as wholesale trade from January 1st, 2010 and the activity of tour operators will enter into force from January 1st, 2008.
For activities completely or partially related to the sale of liquor, a new regime is established, both for opening as for operation, based on two levels, that are detailed in article 36. In the establishments covered in level 1 ( are those establishments where there is sale of liquor, but it is not its main activity), located in the District of Panama, Colon, David and San Miguelito the Single Fee applicable will be of B/.600.00 and in the rest of the country of B/.300.00. In the establishments of level 2 (main activity is sale of liquor), the Single Fee applicable oscillates between B/.500.00 and B/.1,000.00, depending on the District where the establishment is located, the type of establishment and the size.

The establishments of level 2 will need a favorable previous report from the District's Mayor, to be able to initiate the operation of the sale of liquor. The Mayor will have a period of 30 days to decide the application, and only reject it by means of a motivated resolution and in attention to what is established under article 8 of the Present law.
The liability insurance or deposit oscillates between B/.3,000.00 and B/.20,000.00 with exception of the Motels that charge by the hour that will be from B/.50,000 to B/.75,000.00, the deposit will depend on the District where the establishment is located, the type of establishment and its size.

* Establishments corresponding to level 2 of article 36 that are currently operating with a liquor permission issued prior to the entry into force of this law, remain exempt from the obligation to pay the Single Fee, nonetheless, must comply with deposit of the guarantee in favor of the National Treasury, they will have a 6 months term starting from the entry into force of this law. (Article 37).

*An article was added to Law 29 of 1996.
Consumers’ Authority Functions. Withdraw from the market and destroy expired products, without expiry date, with altered date or that cannot be determined, damaged merchandise or in any other condition that may endanger the integrity of the consumers, as well as tools, scales, weights or measurement equipment damaged or altered, a 5 days term will be given to the supplier to calibrate the scale. (Article 46).
This Law will come into force 180 days after its promulgation, except for article 44 and 46 which will come into effect from the moment if its promulgation.

This content is from www.panamaemprende.gob.pa , please visit www.panamaemprende.gob.pa for more informations.

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