Monday, June 04, 2012
Panama Punching above its weight
Monday, March 05, 2012
Forex companies are now subject to special licenses
The abuse by several forex operators was brought to the attention of the authorities which reformed Law Decree 1 of 1999. While forex futures and options could only be traded by licensed companies, spot and cash operations were exempt from licenses. Fines for engaging in forex operations without a license are now of at least US$1,000,000.
Article 44 of the reform defines Forex activity as the operation of buying and selling coins and currency at a price or exchange rate (Foreign Exchange Market) on a recurring basis, and authorizes the Superintendent to develop procedures and special requirements and technology that the brokerage houses should maintain for the exercise of this activity. Some exceptions from the compulsory licensing are granted to government transactions.
Agreement 2 of 2004 has the requirements for the brokerage house and now the forex license. Applicants must have a paid-in capital of US$150,000, as well as:
1. Be exclusively dedicated to activities related to the broker-dealer house business.
2. Articles of Incorporation which have a corporate purpose adequate to the activities related to the broker-dealer house business and social capital of at least US$150,000 in registered shares.
3. A Board of Directors or its equivalent composed by at least three individuals (no corporate directors), all of them individuals of "proven business and professional integrity. At least one third of the members of the Board of Directors shall also possess knowledge and experience in subjects related to the stock markets or the financial sector in general.
It shall be understood that individuals with a record of respect for the commercial laws and other laws regulating the economic and business activities, as well as good business and financial practices, possess commercial and professional honorability. In any case, it shall be understood that individuals lack such honorability, when the individual is under one of the causes of incompetence to hold offices, pursuant this Agreement. Only individuals who have performed duties as principal executives or other similar responsibilities in other public and private entities for a period of at least 2 years, are deemed to have appropriate knowledge and experience.
4. Have the number of principal executives that the broker-dealer house business volume requires, who must have the corresponding licenses issued by the Commission. Every broker-dealer house must at least appoint one person as Principal executive.
The 2001 Supreme Court Schedule sets attorney fees for this type of license application of at least US$5,000. Registration fees for a brokerage house are of US$5,000. On a yearly basis a supervision fee must be paid to the Superintendent equivalent to 0.0025% of yearly trades (min $5,000.00 max. $100,000.00).
Saturday, January 17, 2009
Outlook stable for Panama bank
Fitch Affirms Banco General's Ratings; Outlook Stable
NEW YORK--(BUSINESS WIRE)--Fitch Ratings has affirmed Banco General's (Panama) ratings as follows:
--Foreign Currency Long Term Issuer Default Rating (IDR) at 'BBB';
--Foreign Currency Short Term IDR at 'F3';
--Individual Rating at 'C';
--Support Rating at '5';
--Support Floor at 'NF'.
The Rating Outlook is Stable.
The rating of Banco General's US$150 million issue maturing in 2010, formerly obligations of Banco Continental, is affirmed at 'BBB'.
Banco General's (BG) ratings reflect its strong local franchise, market share, strengthened competitive position, consistent strategy, dependable performance, good portfolio quality and sufficient capital. They also factor in the worsening economic scenario and the increasingly competitive landscape.
A long-standing dollarized economy, Panama lacks a central bank or lender of last resort. Banco Nacional de Panama, the largest state controlled bank, could only provide temporary liquidity loans - if needed. In Fitch's opinion, external support for BG, although possible, cannot be relied upon.
Near-term potential for upside rating movement is limited given the worsening economic scenario. Should portfolio quality or capitalization deteriorate, they could put downward pressure on the ratings; however, Fitch considers these events unlikely in the short run.
BG successfully merged with Banco Continental (BC), integrating its customers, employees and products in less than nine months. BG's management focused its resources on the merger, providing clear direction to the enlarged franchise while achieving most financial goals. The bank emerges well positioned to compete with local and regional players.
BG showed a strong performance in 2007 and into 2008 with resilient margins underpinning interest revenues in spite of only modest loan portfolio growth; non-interest revenues increased their contribution to operative revenues. Costs remained well under control while credit cost stabilized, resulting in improving efficiency and sustained performance in terms of profitability.
The loan portfolio improved its diversification, concentration and asset quality with Past Due Loans (PDLs) reaching what could be their lowest point and reserves comfortably covering the troubled portfolio. The level of related party lending has declined but remains somewhat high when compared to its peers; some additional improvement is expected. Deposits are broad-based, well diversified and show a healthy growth that contributes to lower funding cost. After the natural decline due to the merger, capital improved largely thanks to retained earnings; the BIS capital ratio stood at 17.1% at September 2008.
Going forward, margins are expected to remain under pressure while profitability should come more from cross-sell and efficiency than from asset growth. Costs should stabilize and portfolio quality is expected to decline (i.e. provisions should increase) but remain within reasonable levels. Overall, in Fitch's view, the bank should remain profitable.
Banco General is Panama's second largest private bank. After a consistent growth strategy that involved strong organic growth and strategic acquisitions, BG further cemented its position by merging with BC in September 2007. BG holds about 12.7% of the system's assets and is controlled by BG Financial Group Inc., which is in turn controlled by Empresa General de Inversiones (61%) and 490 independent shareholders registered at the Bolsa de Valores de Panama, S.A. (39%).
Thursday, December 11, 2008
Making your Panama investment safer
- Buy bonds or shares from publicly-held companies which provide quarterly reports and are regulated by a Government securities administration, sometimes traded in a stock exchange after disclosing the names of their principals, or
- Sending money to a company with unknown promoters after receiving an email (or a "tip" from a "friend") promising double- or triple-digit returns on investment.

The largest Panama corporations trade their shares in the Panama Stock Exchange - Bolsa de Valores de Panama (http://www.panabolsa.com/ - which has Spanish versions of their prospecti). Dividends and return from securities listed in the BVP are free of Panama tax. The operations of the companies listed can be seen all over the city: Banco General - Empresa General de Inversiones (BVP: EGI), Melo (BVP: EMEL), UNESA - Panama owners of TGIF and other franchises (BVP: UNEM) or the companies which shares are owned by the Panama Fixed Income Fund (BVP: INPFIF). A registered Panama stockbroker must be retained to buy these investments.
Other regulated investments are not listed with the Stock Exchange but are registered with the National Securities Commission (http://www.conaval.gob.pa/). As the Commission has become more stringent, the number of unlisted shares in the current list of registered issuers has been reduced.
Many of those businesses are scams which conceal their activities under the name "forex", "trading accounts" and high yield investment accounts.
Before wiring money for one of these "investments", due diligence is important. Check that the company is listed with one government entity (beyond the usual Public Registry incorporation and Ministry of Commerce Business License). Seek references from locals about who runs the business and ask a local person to check out the physical address of the company.
National Securities Commission Warnings about Unlicensed Investments
# GENEVA ASSET MANAGEMENT S.A.
# SCOTT FITZGERALD GROUP
# PROSASK TRADERS CORP
# PDR EXCHANGE (PANAMA), INC. y FUNDACION PAN AMERICA
# Sens CFD Trading, S.A.
# Brics International Capital Inc.
# SECURE ONE INVESTMENT GROUP SECURE ONE HOLDINGS PANAMÁ, INC.
# Global Finance Corporations, S.A.
# Alliance Asset Management
# Guardian & Associates, Inc.
# First Global Ventures, S.A.
# HARLEEM UNIVERSAL CORPORATION
# BRITEX INTERNATIONAL LIMITED
# TIME PUBLISHING
http://www.conaval.gob.pa/principal.asp?id=inv&sb=ale&div=0
Superintendent of Banks Warnings about Unlicensed Banking Activities
http://www.superbancos.gob.pa/advertencia/list.asp
http://www.superbancos.gob.pa/advertencia/communique.asp
Sunday, January 20, 2008
Trump Tower goes public
Unlike tourism and reforestation incentives which require to go through miles of red-tape to have their tax-free status approved, dividends and return from securities listed in the BVP are free of Panama tax.
Shares of holding companies of Pribanco, Banistmo, Continental, Cemento Panama and others were listed at prices around $20 for years and eventually their holders received tender offers for US$40 or more, which gave profits to those willing to hold on to their positions. Not much volatility to profit from, but at least gains are free from Panama taxes.
Now Newland International Properties, Corp. (Trump Ocean Club) (BVP: NEWL) has issued US$220m in 9.5% Secured Notes Due 2014 with BVP. Newland is controlled by Ocean Point Development Corp., a Panama-based holding company whose majority shareholder is investor Roger Khafif. Newland also has Bogota-based Arias Serna y Saravia SA, a Colombian real estate developer, and Espacios Urbanos SA as partners.
The prospectus and other relevant information for NEWL and other publicly-held companies in Panama can be downloaded from the Bolsa website.
| Nombre | Sector | ||||
| Bienes Raíces |
Fitch rated the notes as a BB+, pointing out that credit's strengths for this issuance include:
--Presales amounting to 65% of total expected units have already been recorded. Purchasers pay 30% of the sale price at signing with the remaining 70% due in full upon delivery of the unit.
--The development of Trump Ocean Club will be the singular focus of Newland and strict covenants are in place prohibiting dividends or cash releases to the developer. The incurrence of additional debt will also be limited. All cash collections and payments for operating expenses and construction, as well as debt service, will be highly regulated by the priority of payments waterfall clearly defined in the indenture.
--A portion of bond proceeds will serve to fund a construction escrow account sized to cover the remainder of all remaining construction costs. Draws from this Trustee controlled account can only occur after the independent engineer provides certification that all work has been completed according to plan and that costs are within budget. In addition, draws from the account must be backed by 125% in eligible receivables arising from the sale of units.
Development projects of this scope do contain various risks. Construction risk represents one of the main risks in addition to the liquidity concerns that could arise if sales velocity decreases. Sales at Trump Ocean Club also are correlated to global real estate markets. Proceeds from the $220,000,000 issuance will be used to fund a construction escrow account, fund a six-month debt service reserve account, and repay existing debt. Final maturity of the notes is seven years with a three and a half year interest only period and semiannual payments.
Fitch Rates Newland International Properties' (Trump Ocean Club) Senior Secured Notes 'BB'
Newland, Builder of Trump Panama Resort, to Offer Dollar Bonds By Guillermo Parra-Bernal
Issuer website
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Sunday, November 12, 2006
Opening your bank account in Panama
BANK ACCOUNT REQUIREMENTS IN PANAMA
The Panama Superintendent of Banks has a website In addition, Panama banks owned by investors holding publicly-traded shares, disclose their financial statements and relevant events to the Panama Stock Exchange http://www.panabolsa.com/Foreigners are subject to "Know-Your-Customer" (KYC) requirements when opening an account with a bank in Panama. Subject to changes according to internal procedures of each bank, applicants must appear in the person at the bank for a personal interview and provide :
1) 2 Letters of Reference from 2 other banking institutions, authenticated with Apostille or by Panama Consul, addressed to the bank in Panama,
2) Copy of the passport and another picture identification (providing the original documents for verification)
3) Tax return or other document which will help the bank identify the income range of the applicant and compare it with the movement of account.