Engaging with a registered process agent in Peru is crucial when conducting legal actions that involve parties who do not have a local jurisdiction. It will also ensure that your business is able to manage itself professionally and compliantly within the Peruvian market, yielding the benefits in your business strategy.
As foreign investment continues to flow into the country, overseas businesses are increasingly engaging in a variety of legal agreements leveraging existing international trade deals. From dealing with capital markets to civil demands, and transactions that involve commercial agreements, it is recommended to appoint a registered process agent that will help you handle your legal matters swiftly and professionally.
Learn the role of a registered process agent in Peru and why they are essential in any market entry strategy.
What is a Registered Process Agent in Peru?
A process agent in Peru will help you when handling legal activities in which one or more parties of an agreement don’t have a physical presence or an address in Peru.
International deals are susceptible to a change of positions and terms. In this sense, a process agent in Peru will help you ensure that you are notified of any changes or new correspondence, therefore, allowing you to take action quickly if required.
A process agent in Peru provides a legal local address, and receives legal notifications from the Peruvian government on behalf of your business. These documents include tax payments, lawsuits, notifications, or any type of judgment directed to your business.
Procedures and regulations vary depending on the country. In Peru, a person or business that doesn’t have a registered physical address in the country and wishes to carry out legal actions must appoint a registered process agent, locally known as an ‘apoderado’.
A Power of Attorney (POA) is necessary to appoint a process agent. In Peru, there are three types of Power of Attorney:
- Power of attorney with legalized signature
- Power out of registry
- Power by public deed
In the context of Peru, a process agent will need to be granted a ‘power by public deed’, registered at the National Superintendence of Public Registries (SUNARP). With this power, the process agent will be able to execute a variety of procedures. These include, but are not limited to, managing lawsuits, rent collection, purchase of real estate, and bank transactions.
The content of the Power of Attorney should specify the concept and extent of jurisdiction. For instance, the content should include whether the power grants bank representation, judicial representation or other types of powers that are deemed necessary for efficient business operations in Peru.
Why are Registered Rrocess Agents Important for Establishing a Company?
Process agents provide a legal address, assuring your business has a physical location to receive all official correspondence. Effective communication is vital when running a multinational business, therefore, having a local partner able to communicate changes in agreements, regulations, market conditions is essential for successful management.
With a process agent in Peru, you can quickly take actions that will ensure your business operations are resilient towards any unpredicted changes. If an unexpected change were to occur, you can be quickly notified enabling you to implement an effective solution.
An important side note, in Peru there is no process of “serving” documents or legal action like in the US. Lawyers or representatives present a lawsuit to the court, who is then in charge of notifying other relevant parties to the court case by mail.
Aside from providing a legal address, a registered process agent will keep a record of all notifications and demands accordingly, and ensure all correspondence is received and forwarded in a timely manner so that the entity complies with local Peruvian law.
Important Aspects When Choosing a Registerd Process Agent
There are many factors investors should consider before choosing their registered process agent in Peru.
Process agents registered under a trustworthy company give businesses assurance of quality credentials and experience, playing a key role in giving you confidence in your businesses legal affairs.
Availability is also an important aspect to consider. It is important that you hire an agent who has full-time availability in the country as new developments could arrive at any time. Additionally, being ‘physically’ present in the country assures your business’ swift legal responses when needed.
Doing Business in Peru
Regionally, Peru experienced an above average growth rate compared to its neighbors, projected to grow by the end of 2024 by 2.9% GDP. With a low registered country risk in the region, many investors consider Peru a safe option to make direct and non-direct financial investments.
Peru continues to perform as an attractive investment destination, as the country moves along a path of consistent economic growth. Since the early 2000s, Peru has fought for a democratic-transition facilitating ties between rural areas and the national legislative authorities. Recent instability has returned to a more peaceful baseline, allowing for investor confidence to grow.
At the end of 2023, the country received US$ 3.094 billion in foreign direct investment (FDI). With reported higher concentrations in energetic investments, non-financial services, mining, manufacturing, financial sectors, and hydrocarbons. Additionally, the country’s GDP is expected to continue growing as investors seek to enter the rich Peruvian market.
Without being physically present, investors seeking to engage in non-direct investments regarding stocks, bonds, cash, real estate, and alternative options will want to streamline this process. Hiring an experienced local partner will play a key role in guaranteeing the success of their financial operations in Peru to tap into the amazing opportunities it presents.
FAQs Asked About Using a Registered Process Agent in Peru
A process agent in Peru provides a legal local address, and receives legal notifications from the Peruvian government on behalf of your business.
A Power of Attorney (POA) is necessary to appoint a process agent. A process agent will need to be granted a ‘power by public deed’, registered at the National Superintendence of Public Registries (SUNARP)
Yes, a process agent provides a legal address, assuring your business has a physical location to receive all official correspondence.
Process agents registered under a trustworthy company give businesses assurance of quality credentials. Due diligence and effective research ensures you receive the expected results.
Biz Latin Hub is the leading provider of legal, accounting, and recruitment services in LATAM, able to assist you in the establishment and maintenance of your business operations in Peru.
Engage With Biz Latin Hub as a Registered Process Agent in Peru
When dealing with international legal actions, investors rely heavily on their consultants and local partners. In this sense, it is vital to engage with a trustworthy partner that is knowledgeable on how to deal with legal procedures in Peru.
At Biz Latin Hub, we have vast experience helping investors from all over the world handle their corporate legal processes in Peru accordingly.
Our team of local corporate lawyers in Peru has a wealth of experience handling diverse legal transactions including commercial representation, company incorporation, immigration services and more. Rest assured that your legal transactions are in professional hands and will be handled with confidentiality and efficiency.
Reach out to our team to get a registered process agent for your transactions and investments. Learn more about our team and expert authors.
