Investing in Panama: how to open a factoring company if you are from España

Investing in Panama: how to open a factoring company if you are from España

Some companies that offer various goods and services often encounter challenging situations when they confront the risk of having outstanding accounts receivable, which can result in a loss of liquidity and time for administrative tasks. Hence, factoring companies have emerged as their primary choice to tackle these issues.

A factoring company is a financial institution that focuses on providing financing services to businesses by buying their accounts receivable or unpaid invoices. Such firms offer instant liquidity to their clients by purchasing these documents at a discounted rate, taking on the collection risk and administrative duties.

Legal Solutions Panama assists you in efficiently establishing a company in this country.

How does factoring operate?

The factoring process typically functions as follows: a company sells goods or services to its customers and generates an invoice with a set payment term, which could be 30, 60, or 90 days.

Rather than awaiting payment from the customer, the company opts to sell the invoice to a factoring company, promptly acquiring a percentage of the total value of the account, usually around 70-90%. Upon the customer settling the invoice, the factoring company disburses the remaining balance to the company, deducting a fee for the provided service.

Advantages of factoring for companies

Among its benefits, factoring includes:

Enhanced liquidity: businesses obtain rapid access to funds without needing to wait for their clients to settle their invoices.

Risk mitigation: they shift the risk of non-payment to the financing company, with the factoring company assuming responsibility if the client fails to pay, as per the agreement between the Factor and the Assignor.

Decreased administrative workload: the factoring company handles invoice management and collection, enabling businesses to concentrate on their primary operations.

Assistance for small and medium-sized enterprises: factoring companies are particularly beneficial for SMEs looking to enhance their cash flow and lacking straightforward access to alternative financing like bank loans. Moreover, this service can serve as an effective tool for enhancing a company’s financial management and planning, guaranteeing a consistent income stream.

To open a factoring company in Panama

Panama’s legislation offers several advantages that facilitate the establishment and operation of factoring companies in the country. Here are some of the most important laws:

Corporation Law: Panama boasts flexible and contemporary legislation for the formation of corporations (Law 32 of 1927). This law enables the swift and effective establishment of companies, featuring minimal capital prerequisites and a flexible corporate framework, making it well-suited for setting up a factoring company.

Regulation: although there is no specific law regulating factoring in Panama, private companies perform this activity that comply with the minimum requirements for commercial licenses in Panama. In addition, there is regulation of credit assignments, which is the backbone of factoring, therefore it is not an activity that is unregulated or unprotected. This type of regulation allows flexibility with the rates and the number of participants in the business.

Protection of foreign investments: Panamanian laws ensure parity in treatment between domestic and foreign investors. This safeguard encompasses protection against expropriation and the unrestricted transfer of capital and profits, fostering a secure setting for the investment and functioning of factoring companies.

Sound financial system and prudential regulations: The Superintendencia de Bancos de Panamá (SBP) and the Superintendencia del Mercado de Valores de Panamá (SMV) oversee Panama’s financial system, guaranteeing a secure and closely monitored financial landscape. These regulations are vital for factoring companies, which rely on a dependable financial system for their activities.

Legal Solutions, the ideal support to open a factoring company in Panama if you are from España

As can be seen, Panama is a country that helps foreign investors undertake different financial initiatives thanks to the legal advantages it provides. However, it is necessary to know the legislation meticulously to achieve a successful business, taking advantage of all the benefits of the Central American country.

In this context, Legal Solutions is a Panamanian law firm that provides information and assistance for investors from España. They provide a complimentary 30-minute consultation with their team of experts to address queries and assess potential business opportunities and establish a company in Panama.

By Alejandro José Varela

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