incorporate company in Peru
Incorporating a company in Peru requires navigating Peruvian corporate law, which is distinct from the corporate statutes of any US state. Law Offices of SRIS, P.C., a US law firm with an international clientele, collaborates with Peru-admitted Of Counsel to assist clients with the Peru-law side of company formation, while the firm’s US-admitted attorneys handle any US-law aspects of the cross-border structure. For guidance on incorporating a company in Peru, contact the firm at (888) 437-7747.
What Incorporating a Company in Peru Involves
Peruvian law provides several corporate forms, including the Sociedad Anónima (S.A.) and the Sociedad Comercial de Responsabilidad Limitada (S.R.L.). The choice of entity depends on the business’s capital structure, number of shareholders, and liability preferences. The incorporation process is governed by the Peruvian General Corporations Law (Ley General de Sociedades) and involves registration with the relevant Peruvian authorities. For Peru-law matters, the firm works with Martín Mayandía, Of Counsel, admitted to practice law in Peru (2009) and not admitted in any US state bar; his role is limited to Peru-law matters in collaboration with the US-admitted attorneys of the firm.
From a US perspective, a client may need to consider the US tax treatment of a Peruvian entity, reporting obligations under the Internal Revenue Code, and any applicable US securities or anti-money laundering requirements. The firm’s US-admitted attorneys, led by Mr. Sris, address those US-law dimensions while coordinating with Mr. Mayandía on the Peruvian side.
How Mr. Sris and His Of Counsel Network Handle These Matters
Mr. Sris, the firm’s founder and managing attorney, is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He oversees the US-law aspects of a cross-border incorporation, including entity classification elections, US tax structuring, and compliance with US federal and state regulations. For the Peru-law side, the firm engages Martín Mayandía, Of Counsel, who is admitted to practice law in Peru (2009) and not admitted in any US state bar. Mr. Mayandía drafts the Peruvian corporate documents, handles registration with the Peruvian National Superintendence of Public Registries (SUNARP), and obtains the company’s tax identification number (RUC) from the Peruvian tax authority (SUNAT).
The two sides collaborate as needed but maintain strict jurisdictional separation: Mr. Sris and the firm’s US-admitted attorneys do not practice Peru law, and Mr. Mayandía does not practice US law. This structure ensures that each component of the incorporation is handled by an attorney licensed in the relevant jurisdiction.
About Mr. Sris and the firm’s Of Counsel Network
Mr. Sris, Owner and Founder of Law Offices of SRIS, P.C., founded the firm in 1997. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that became the 2019 revision to Va. Code § 20-107.3(g).
The firm’s Of Counsel network includes Martín Mayandía, who is admitted to practice law in Peru (2009) and not admitted in any US state bar. Mr. Mayandía’s practice with the firm is limited to Peru-law matters and to serving as a liaison for international clients with the firm’s US-licensed attorneys. Mr. Sris and his Of Counsel bring extensive combined legal experience across US and foreign jurisdictions.
Frequently Asked Questions
Do I need a Peru-admitted lawyer to incorporate a company in Peru?
Yes, Peruvian law requires that the incorporation documents be prepared and filed by an attorney licensed in Peru. A US-licensed attorney cannot perform those acts. Law Offices of SRIS, P.C. works with Martín Mayandía, Of Counsel, who is admitted to practice law in Peru (2009) and not admitted in any US state bar, to handle the Peru-law side of the incorporation. The firm’s US-admitted attorneys address any US-law aspects of the cross-border structure.
What is the role of a US law firm in incorporating a company in Peru?
A US law firm can advise on the US legal and tax implications of forming a Peruvian entity, coordinate the cross-border structure, and serve as the client’s primary point of contact. The firm’s US-admitted attorneys handle entity classification, US reporting obligations, and compliance with US federal and state law. For the Peru-law work, the firm engages its Peru Of Counsel, who is licensed in Peru and not admitted in any US state bar.
How long does it take to incorporate a company in Peru?
The timeline depends on the type of entity, the completeness of the documentation, and the current workload of the Peruvian registries. Our Peru Of Counsel can provide an estimate based on the specific circumstances of the incorporation. The process generally includes drafting the corporate bylaws, registering with SUNARP, and obtaining a RUC from SUNAT. The firm coordinates the timeline so that US-law steps and Peru-law steps proceed efficiently.
Can a US citizen own a Peruvian company?
Yes, a US citizen may own shares in a Peruvian company, subject to any sector-specific restrictions under Peruvian law. The ownership structure must comply with both Peruvian corporate law and US tax law. The firm’s US-admitted attorneys advise on the US tax consequences of owning a foreign corporation, including potential Subpart F income and reporting requirements, while the Peru Of Counsel ensures the ownership structure complies with Peruvian law.
What are the tax implications of incorporating in Peru?
Incorporating in Peru creates tax obligations in Peru and may also trigger US tax reporting and compliance requirements for US persons. The Peruvian entity will be subject to Peruvian corporate income tax, value-added tax (IGV), and other local taxes. US shareholders may need to file Form 5471 with the IRS and may be subject to the Subpart F and GILTI regimes. The firm’s US-admitted attorneys analyze the US tax consequences, while the Peru Of Counsel addresses the Peruvian tax side.
How do I get started with incorporating a company in Peru?
Contact Law Offices of SRIS, P.C. at (888) 437-7747 to discuss your cross-border incorporation matter. The firm will assess the US-law and Peru-law dimensions of your proposed structure, coordinate with its Peru Of Counsel, and provide a roadmap for the incorporation process. Consultations are by appointment.