Trusts and Fiduciary Services (Concepts, Uses, Benefits)
- 1 What is a trust in Panama and how does it work?
It is a contract through which you transfer assets to a regulated trustee, who manages them for your benefit or that of third parties. In Panama, trusts are used to protect assets, plan succession, secure obligations, and invest under clear and reliable rules. - 2 What are the main benefits of a trust compared to a will or a private interest foundation?
A trust avoids lengthy probate processes, ensures the swift and effective transfer of assets in case of default, and protects wealth from third-party claims. - 3 What assets can be included in a trust?
Real estate, shares and equity interests in companies, investment portfolios, liquid assets, rights of any kind, digital assets such as cryptocurrencies and NFTs, as well as movable property. - 4 What happens if I do not plan my estate?
If no planning is in place, the law determines how your assets are distributed. This often leads to lengthy legal proceedings, family disputes, and loss of value. A trust ensures your wishes are carried out both during your lifetime and thereafter. - 5 What legal protection do assets placed in a trust have?
Assets transferred into a trust estate are generally non-attachable and protected from seizure, except for obligations inherent to the trust itself. This provides special protection against claims from both involved parties and third parties, keeping them segregated from the personal assets of the settlor and beneficiaries. - 6 Is trust information confidential?
Yes. The information is confidential and may only be disclosed to the parties, beneficiaries, and regulatory authorities when required by law. - 7 What tax advantages does a trust offer in Panama?
In general, trust structures are tax neutral. Panama does not impose inheritance or estate taxes. Transfers of assets into and out of a trust do not trigger taxes, provided they involve the same contributing party. - 8 What is the role of a trust in real estate or construction projects?
Its primary use in the local market is as a guarantee mechanism, holding property or liquid assets to serve as a repayment source for project creditors. It can also be structured to pool investors interested in funding or managing a real estate development, ensuring transparent use of funds in accordance with contractual terms. This builds trust among investors and developers while reducing risk. - 9 What role does a trust play in securities or bond issuances?
The trustee may hold assets that back the issuance of securities, represent bondholders, and enhance market confidence in the issuer’s compliance with its obligations. - 10 How can a trust ensure the continuity of family businesses?
A trust can be structured to establish clear rules for succession and management of the business, reducing family disputes and ensuring long-term continuity. - 11 How can a trust adapt to modern family structures?
Trusts are tailored solutions that can accommodate various family realities, including second marriages, children from different relationships, same-sex unions, unmarried partners, or dependents with special needs. - 12 Can digital assets be included in a trust?
Yes. Cryptocurrencies, NFTs, and digital intellectual property can be included, provided their existence and ownership transfer can be legally documented within the trust. - 13 What mistakes are avoided when structuring a trust with professional advice?
It helps prevent issues arising from overlooking key factors, such as asset dispersion across different structures, missing documentation, lack of contingent beneficiaries, or failure to update the structure in response to personal or family changes, among others. - 14 What happens if a beneficiary changes tax residency?
Although a trust is generally tax neutral, it is important for all parties involved—including settlors and beneficiaries—to consider the implications of a change in tax residency. Since 2016, Panama has implemented a regulatory framework for the exchange of tax information, which also applies to fiduciary companies.
Golden Visa and Investment Trusts
- 15 What is Panama’s Golden Visa?
It is the Qualified Investor Visa, which grants permanent residency through investments in real estate, securities markets, or time deposits, established under Executive Decree No. 722 of 2020 and its subsequent amendments. - 16 How does a trust play a role in the Golden Visa?
In the real estate modality, when the investor opts for a property under construction, the trust receives the funds and disburses them on behalf of the buyer to the developer, in accordance with the timelines agreed upon by the parties in the contract. The trustee issues a certification that the investor uses for their immigration process. - 17 What advantages does it offer to foreign investors?
It provides legal certainty and confidence in the use of funds, facilitates the immigration process, and protects the investor within a foreign jurisdiction.
Escrow and Other Services
- 18 What is an Escrow service?
It is an arrangement in which a neutral third party, such as Assets Trust, holds funds or assets until the conditions of a transaction are fulfilled. - 19 When is an Escrow recommended?
It is typically used when one of the parties in a local transaction does not maintain local bank accounts, or when a party is not in Panama and requires verification that certain conditions have been met before a payment or disbursement is made. Its use is common in real estate transactions, international contracts, and operations involving local payments. - 20 What is the difference between Escrow and a trust?
A trust involves the transfer of ownership of an asset, whereas an Escrow is essentially a custody service for specific purposes. - 21 Can I combine Escrow with a trust?
Yes. Funds can be held in Escrow and subsequently used to structure a trust for the ongoing administration of the assets.
Legal Framework and Obligations
- 22 What laws regulate trusts in Panama?
Trusts are governed by Law No. 1 of 1984 and Law No. 21 of 2017, which establish the applicable legal and regulatory framework. - 23 Who supervises trustees in Panama?
The Superintendency of Banks of Panama (SBP) regulates and supervises all trustees, ensuring transparency and compliance with international standards. - 24 What obligations does a trustee have?
A trustee must manage assets with due diligence, comply with the terms of the trust agreement, maintain asset segregation, report to beneficiaries, and comply with anti-money laundering regulations. - 25 What guarantees does working with a regulated trustee provide?
State supervision provides confidence, reduces legal risks, and ensures that assets are managed under international standards of compliance and security. - 26 What happens if an unauthorized trustee is engaged?
The legal validity of the arrangement may be challenged, creating potential risks for the assets. In Panama, only trustees licensed by the SBP are authorized to manage trusts.
Experience and Trust at Assets Trust
- 27 Why choose Assets Trust as your trustee?
Because we have more than 35 years of experience in Panama, we were one of the first companies dedicated exclusively to fiduciary services, we are regulated by the Superintendency of Banks, and we offer comprehensive trust services. In addition, we maintain strong partnerships with investment funds, financial intermediaries, among others. - 28 What sets Assets Trust apart from other trustees?
Our independence from banking groups allows us to provide a flexible, personalized, and confidential service. We combine international experience, a multidisciplinary team, and a comprehensive approach to wealth and corporate planning. - 29 How can I start a trust or an Escrow with Assets Trust?
The process begins with a meeting to understand your objectives and assets. We then design the appropriate structure, formalize it in accordance with the law, and take on its administration under the highest professional standards.