In recent years, El Salvador has witnessed a remarkable transformation in its mergers and acquisitions (“M&A”) landscape, fueled by the rapid integration of technology and innovation. As the global business environment evolves, the nation positions itself as a hub for digital advancements, attracting investors and fostering a dynamic ecosystem for mergers, acquisitions, and joint ventures.

This article delves into the pivotal role that technology and innovation play in shaping El Salvador’s M&A landscape, exploring how they are reshaping deal dynamics and driving the attention of investors toward tech startups and disruptive companies.

Tech Startups and Disruptive Companies as Attractive Targets

One of the most notable shifts in El Salvador’s M&A landscape is the growing interest in tech startups and disruptive companies. These entities are not only reshaping traditional industries but are also becoming magnets for investment. The agility and innovation embedded in these startups make them attractive targets for established corporations seeking to stay ahead in the rapidly evolving market.

Investors increasingly recognize the potential of El Salvador’s tech ecosystem, prompting a surge in M&A activities in the technology sector. The influx of capital into startups and disruptive companies is a testament to their innovative solutions and a signal of confidence in the country’s ability to nurture and support such ventures. A notable example of this synergy is the entry of Delivery Hero through acquiring the Hugo app in El Salvador, marking a significant milestone in the tech companies’ sector and the M&A landscape.

The Role of Fintech in M&A

The financial technology (fintech) sector has emerged as a critical player in El Salvador’s M&A landscape. With the government’s push towards financial inclusion and the adoption of cryptocurrencies, fintech startups garner significant attention from investors. The integration of digital payment systems, blockchain technology, and innovative financial services has disrupted traditional banking models and attracted the interest of both local and international investors.

The quest for technological innovation and the potential for financial inclusion and economic empowerment drive mergers and acquisitions in the fintech sector. The dynamic nature of fintech startups makes them appealing targets for traditional financial institutions looking to enhance their digital capabilities and stay competitive in an evolving market.

Revolutionizing M&A with Legislative Initiatives

The Salvadoran government’s role in creating a conducive environment for technology-driven M&A is crucial. Regulatory reforms and incentives aimed at fostering innovation and entrepreneurship are key. The government’s efforts to improve digital infrastructure and the legal framework for startups and tech companies enhance investor confidence and facilitate M&A activities.

A pivotal development in 2023 is El Salvador’s legislative push toward technological empowerment. The “Law for the Promotion of Innovation and Technological Manufacturing” exemplifies this, offering extensive tax exemptions for fifteen years. This law notably facilitates software and hardware creation, encompassing income, property, capital gains, and import tariffs. The Bill for the Promotion of Innovation and Technological Manufacturing further underscores the country’s commitment to fostering a tech-driven economy. Providing tax incentives for specific investments in the technology sector, aims to enhance El Salvador’s competitiveness and sustainable economic development. The Ministry of Economy, as the governing entity, plays a crucial role in operationalizing this law, indicating a concerted governmental effort to boost the tech industry.

This groundbreaking legislation offers total exemptions from income tax, income tax withholdings, municipality taxes on net assets, capital gains payments, and import and export duties for tech projects. The eligibility criteria for this law are inclusive, extending to both national and international, legal, and natural persons, with a valid Qualification Agreement from the Ministry of Economy as a prerequisite.

The ‘Zero Tax’ Law defines specific sectors within the tech industry that are eligible for these benefits. These sectors include software and computer systems analysis, consultancy, programming, cloud services, artificial intelligence, massive data analysis, cybersecurity solutions, manufacturing of technology equipment, semiconductors, robotics, nanotechnology, and production of aircraft and unmanned vehicles. This targeted approach signifies a strategic move to position El Salvador as a hub for technological innovation and development.

Conclusion

In 2023, El Salvador stands at the forefront of a technological revolution within its M&A landscape. The combination of legislative support, tax incentives, and a focus on high-growth tech sectors positions the country as an attractive destination for M&A activities and joint ventures. These developments foster a vibrant ecosystem for technological innovation and signal El Salvador’s emergence as a competitive player in the global tech industry. As the country continues cultivating a techfriendly environment, its M&A landscape is poised for dynamic growth, offering lucrative opportunities for local and international investors.

 

Article written originally for American Bar Association Newsletter, by:

Francisco Murillo

Senior Associate

El Salvador