how to start a business in peru and to get permanent residency in peru ?
TRANSCRIPT
How to start a Business in Peru & To get Residency
Written by: Cheryl Harvey, Biz Latin Hub Group
Peru rose as the star of the South American economies in 2016. With a robust growth in metal
exports and the election of business-friendly President Pedro Pablo Kuczynski (PPK),
improvements in economic governance and political stability have emerged, foreign investment
interest is on the increase and the country is set to have an extremely positive start to the year
2017!
Within this article, we will cover the potential opportunities for business in Peru, the
advantageous considerations for starting a business in Peru, how to get started and finally, how
to obtain permanent residency status as a foreign individual by means of having this Peruvian
registered company.
Opportunities for Business in Peru
Peru can interestingly be viewed as pertaining, among many others, the following two business
opportunity characteristics:
A Resource-Rich Country: Peru is a country with an abundance of natural resource and
this of course creates opportunity for, not only the trading of goods on a national scale,
but also exportation worldwide. Due to favorable conditions in international trade, Peru
has experienced average annual growth of 5.5% in the export of goods and services since
the year 2000. Whilst raw resources make up a significant proportion of Peru’s exports,
residents of the country (both local and foreign) are becoming increasingly aware of the
ability to develop raw goods into high quality intermediate or final goods, and thus
creating further start-up business opportunities.
A Developing Country: Whilst Peru is a country boasting much natural resource, let’s
not forget that Peru is still a developing country in need of considerable advances in
technology, communications and variety of product supply. As such, there are endless
opportunities for new start-up businesses to offer higher quality services and a wider
range of products that are currently hard to find or even unavailable in the country at
present. It will come as no surprise that Peru’s imports are, unlike the exports, mainly
composed of final and intermediate goods, and approximately one quarter of the total
imports value is derived from the import of machinery. The country will no doubt
continue to experience an influx in the importation of goods and services as the demand
for outside knowledge and experience grows, and the population seek wider, high quality
product variety.
As such, within the import and export markets of Peru, there are a multitude of start-up business
opportunities for both local and foreign business entrepreneurs and investors to explore.
Good international relations are of vital importance to the development of Peru, and indeed the
economy of any country. The opening of new international markets and signing of Free Trade
Agreements (FTAs) has allowed Peru to achieve a more dynamic economy and increased export
trade. Peru currently has FTAs signed with Canada, Chile, China, the European Union, Mexico,
Panama, the United States, the MERCOSUR countries of Argentina, Brazil, Paraguay and
Uruguay, among others. Peru also benefits from being a member of the Andean Community of
Nations (CAN) alongside Bolivia, Colombia and Ecuador, which has promoted trade
liberalization between these regions and reduced tax obligations. Each of these named trade
agreements, and others still to come into force, are of significant benefit to those looking to do
business in Peru and involving trade between the associated countries.
In reference to the mining sector; Peru has been named as the best destination for mining
investment in Latin America. This in turn creates demand for local start-up businesses, since a
locally registered company is commonly used as the vehicle to manage the operations of a
Peruvian mining project. In the case of foreign mining investors, it is typical for an overseas
holding company to form a subsidiary company in Peru and then administer all local transactions
via this legal entity. The primary concern of overseas investors and related stakeholders; within
the mining sector or in fact any industry of Peru, is the need to have this local company reliably
supported by experienced professionals and that these professionals present quality reporting for
the understanding, monitoring and control by the overseas management and investors.
A further consideration for people when looking to do business in Peru is the quality of life that
living in Peru can bring. You will always be able to find the work-a-holics of this world, but in
most cases, people are ‘working to live’ rather than ‘living to work’! Peruvians themselves are
extremely patriotic, proud of their country and especially their gastronomy. Foreigners are
attracted to life living in Peru. For many, the Latino vibes and even the chaos are a welcomed
change from home. Peru is a heavily diverse country that offers the opportunity to travel city,
coast, mountain regions and jungle, and with each destination maintaining its own distinct
traditions in terms of food, music, clothing, arts, crafts and lifestyle. The climate of Peru is fair
and the locals are extremely friendly and welcoming of tourists and foreign residents. The
international population of Peru; mainly concentrated in the capital of Lima and also Cuzco; the
home of Machu Picchu, is continuously rising as foreigners become increasingly aware of what
the country can offer in terms of adventure, quality of life and business opportunities.
How to Start a Businesses in Peru; Where To Begin…
The Peruvian Government has taken measures to encourage foreign investment in Peru. The
2016 elected President PPK follows this with his intentions to improve the country’s business
environment and boost foreign investment.
The following are some key advantages to starting a business in Peru:
100% Foreign Ownership – Many foreigners do not realize, but the shareholders of a
Peruvian registered company can be 100% foreign (individuals or companies) AND
without residence status. There is no requirement for the company owners to be resident
in Peru, nor to involve a Peruvian investor, which would perhaps unwantedly dilute the
control and share capital arrangement of the desired ownership structure.
Minimal Capital Requirement – The minimum share capital requirement for a standard
company in Peru is extremely low at just PEN500 (Peruvian Soles), or its equivalent in
USD$ (approximately USD$150).
Low Bank Account Opening Deposits – Again, the standard company bank account
opening deposit requirements in Peru are minimal at just PEN500 for a Peruvian Soles
bank account, USD$500 for a USD$ bank account and €500 for a Euros bank account.
The company may choose whether to have just one or multiple currency bank accounts.
Quick Formation Process – Whilst in other Latin American countries it can take a
number of months to constitute a legal corporate entity, in Peru as with the support of
experienced legal professionals, this process can take just 2-3 weeks. This not only
includes the company legal constitution, but also registration with the local tax authorities
(SUNAT), obtaining a unique company tax reference number (known as a RUC number),
obtaining the company official legalized social and accounting books (obligatory in Peru)
and also processing the application for the opening of a local company bank account.
Visa Support – For foreigners looking to start a business in Peru and also stay in the
country long term (more than 6 months in any one year), this Peruvian registered
company can be used as a vehicle to obtain a longer term visa and residency in Peru
(more details below).
In order to begin the process of forming a company in Peru, it is simply the case of contracting a
legal professional who is experienced in the procedures involved. For many foreigners who may
not be so confident with their grasp of the Spanish language, the contracting of an English
speaking (or alternative suited language) service provider is essential for the understanding of the
agreement to be reached with the provider and also the legal work and documents involved.
How to get Permanent Residency Status in Peru; Visa Options
Starting with the simplest of the longer term visa options for foreign individuals, an application
for a Family Resident Visa can be made on the basis of direct descendance or marriage to a
Peruvian national.
Ruling out these circumstances and considering the options available in conjunction with a
company start-up, the most common visa types are as follows:
Investment Visa
The key requirement in order to obtain an investment visa in Peru, is the USD$30,000 capital
investment into a Peruvian registered company. This investment must be a single-sum bank
transfer to be made directly from a bank account in the name of the investor/visa applicant. In
addition, a business plan must be presented for the company and certified as viable by a local
Certified Economist. Finally, the investor/visa applicant must commit to employing a minimum
of (5) local staff within the first year of business.
An investment visa is valid for (1) year and renewable on the basis that commitments are proved
to have been met during this first year. A foreign individual with an investment visa does not
have the right to work in Peru, but to reside in the country in their capacity as a business
investor. It is required that this individual be present in Peru for at least (183) days in the year
(although special permission may be granted by the immigration office for extra time out of the
country under certain circumstances).
Working Visa
In order to apply for a working visa, a foreign individual must receive an employment contract
with a Peruvian registered company for a minimum period of (1) year. The employer company is
required to verify that the employee/visa applicant has the experience and skills required to
perform the contracted job role.
As with an investment visa, a working visa is valid for (1) year and renewable on the basis that
the employment contract of the individual is renewed or still valid for a further (1) year
period. As the name of the visa suggests, a foreign individual with a working visa does have the
right to work in Peru. It is also required that this individual be present in Peru for at least (183)
days in the year (although special permission may be granted by the immigration office for extra
time out of the country under certain circumstances).
In both cases, a foreign individual may form a company in Peru and use this company as a
vehicle in which to invest or be employed in order to obtain the relevant visa and longer term
stay in Peru. After two years as resident in Peru, foreigners can apply for Naturalization and
permanent stay.
Finally, just to note that outside of these visa options linked to Peruvian ties or starting a business
in Peru, the alternative resident visa options include a student visa, independent professional
visa and a foreign income visa; each of which carry their own specific application requirements.
In order to fully understand the visa application requirements, the process, timeframe and costs
involved, it is highly recommended to contract a well experienced immigration lawyer who is
familiar with the local authorities, including Notary offices, Interpol, the Labour Ministry (where
applicable) and of course the immigration office based in central Lima. Whilst there are many
components that make up a visa application process, the headache to understand and also battle
with the language barrier can be overcome by having this procedure managed by the right
people. If efficiently managed, a typical visa procedure should take (2)-(3) months from start to
finish.
2017 is set to be an exciting year for both the local and international business environments of
Peru! As detailed in this article, there are many opportunities for doing business and living a
quality life in Peru. Foreign investment is greatly welcomed by the country and as such, the
constitution of a company in Peru is widely available to foreign investors and with modest
requirements for compliance. Once a foreign individual has formed a Peruvian registered
company, this opens many doors in terms of obtaining longer term stay in the country and,
within time, permanent residence.
The team at Biz Latin Hub are excited to see what this coming year will bring in terms of further
investment into the emerging economy of Peru. The Biz Latin Hub group is a market leader in
supporting both local and foreign individuals and companies to successfully do business in Latin
America, by providing a full suite of multi-lingual back-office services, including:
Market Entry Support
Legal & Immigration Services
Accounting, Financial & Taxation Services
Recruitment Services
Security & Investigations Services
The company is owned and managed by an experienced team of local and expatriate
professionals, with offices in Colombia, Peru, Mexico, Chile, Argentina and Panama. The Biz
Latin Hub offers services that are reliable, economic and tailored to meet client needs. For more
information, please contact us at: [email protected]