Allemant Law Office: INVESTMENTS GUIDE – PERU 2016

Business environment in Peru

  •         Legal stability agreements

­   The state may sign with foreign investors the so-called Legal Stability Agreements with the State, instrument by which the stability of the tax regime in force shall be guaranteed at the time of subscription for the term of the agreement.

­   There is a minimum investment amount to be made in no more than 2 years.

­   These Agreements may not be modified or invalidate unilaterally by the government.

  •         Change control

­   The foreign exchange market is governed by the law of supply and demand

­   No state intervention in this regard.

  •         Foreign Investment Registration

­   Once the foreign investments are performed, these must be registered with the Private Investment Promotion Agency of Peru (ProInversion).

­   Previamente no requieren de autorización estatal alguna.Previously not require any authorization state.

  •         Foreign investors’ rights

­   Foreign investors have freedom to transfer abroad the total dividends or proven net profits from their investments, once taxes are paid.  Likewise, the entire of their capital invested in Peruvian companies may be repatriated; it includes the results obtained from the sale of shares or rights, capital reduction or partial or total liquidation of companies.

  •          Legal protection of  procurement / ownership 

­   The right to property is protected by the Constitution, unless reasons of national security or public requirement justifying the limit for the right to property after an expropriation procedure with a case law compensation.

­   Foreigners, whether individuals or legal entities, unless authorized, may not acquire or own mines, lands, forests, water, fuel or energy sources, 50km inside the lines of Peruvian border.

 

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