Quijano & Associates

QUIJANO & ASSOCIATES  

Website: www.quijano.com

Tel: +507 269-2641 Fax: +507 263-8079

Managing Partner: Julio Quijano

Number of Partners: 6

Number of lawyers: 12

Languages: English, Spanish

Firm Overview: 

Quijano & Associates was founded in 1959 and takes pride in the worldwide recognition it is enjoying today as a Panamanian law firm devoted to prompt, efficient, reliable and trustworthy service, and particularly for its policy of attaching importance to each client’s individual needs, interests and requirements, in order to be able to provide custom-made solutions within an invariable framework of quality and reliability.

With a view to this long-standing policy, the firm always has at least two experienced lawyers heading the legal staff for each of the fields included in its scope of services in order to ensure promptness and avoid unnecessary interruptions or delays. One of the reasons why the firm’s clients single it out as one of Panama’s most reputed law firms is that, regardless of time zones or any other circumstances, it always replies within 24 hours on any business day.

More than half a century ago Quijano & Associates became the first Panamanian law firm to open offices in Switzerland, while at the same time establishing correspondent relations with some of the most esteemed firms of lawyers in Tokyo, Hong Kong and Singapore. For several decades now the firm’s name has been well known in the three Americas, and, besides its main offices in Panama, today the Quijano Group has offices in Nyon (Switzerland), Belize, British Virgin Islands, Hong Kong, Liechtenstein, the Bahamasand Seychelles.

In addition, it has also expanded its field of activities through its own trust company: Quijano Trust Corporation.

For most members of the managerial staff, Quijano & Associates was the first job in their lives, and the firm has always maintained an in-house attitude of respect, discipline and coordinated efforts. Therefore, in those fields that require overnight attention and solutions, such as shipping, banking and international investments, the firm has been able to establish a satisfied clientele in Europe, Asia and America.

Main Areas of Practice: 

Banking and Finance: 

Quijano & Associates is one of the preferential law firms in Panama’s banking and financial sectors. The firm's lawyers represent clients in the entire process of obtaining licenses and authorisations required to conduct business activities in the banking sector and in the securities market in or from Panama.

Quijano & Associates' expert lawyers provide advisory services to banks and financial institutions, stock houses, investment consultants, issuers, investment management companies, issuers, and individual investors concerning the proper compliance with applicable Panamanian legislation.

The firm has provided advisory services to government authorities and leading multilateral organizations in the process of reviewing the framework of Panama’s legislation in banking and securities with a view to contribute to the introduction of new regulations to deal with financial technologies such as Fintech to maintaining the Panamanian financial sector abreast of new developments in the world economy.

Capital Markets: 

Quijano & Associates has enjoyed a prime reputation as a preferential law firm in the Panamanian capital market.

Its specialised staff is regularly representing arrangers and issuers in the process of registration of securities with the Superintendence of the Securities Market in Panama or listing in the stock exchange or other organized securities markets.

Its lawyers advise registered issuers and securities intermediaries in respect of compliance with their obligation to reveal reports and other financial information from time to time according to existing legislation and regulations.

Legal Advisory Services on Capital Markets:  

Quijano & Associates represents banks, financial institutions and companies engaging in finance activities as arrangers or issuers, in the process of arranging and registering various variable income and fixed income instruments, as well as institutions of collective investment in the local and foreign markets, such as:

• Negotiable commercial securities
• Corporate bonds
• Rolling programs
• Offers of shares for sale
• Mutual funds
• Private capital fund
• Real estate investment companies
• Private investment companies
• Real estate investment trusts

Commercial Law | Mergers and Acquisitions: 

For many decades as pioneers in this field of activities as a law firm, Quijano & Associates built a close understanding of the business sectors in Panama and other countries in Latin America, as well as trade relations between nations in the American continent and other markets. Consequently, it is in a first class favorable position to advise its clients in respect of almost all legitimate kinds of business in the Americas and new markets as well as new investments in Panama.

The firm has lawyers and staff with the knowledge and experience required for providing the best assistance in the banking and financial sectors, government agencies, construction companies, insurers, ports, customs, health products and retail distribution concerns, as well as the constitution of legal entities for the given purpose and the ensuing requirements of due diligence.

Quijano & Associates’ clients find complete assistance in every stage of the transaction, from the initial interview or exchange of communications to the draft of the agreement and the closure of the transaction followed by post-close assistance. The firm adapts its capabilities concerning taxation, organization, locations, recruitment of staff and immigration aspects of each case.

Corporate Law: 

Through the firm's headquarters in the Republic of Panama, its international offices and professional networks with presence around the globe, Quijano takes care of the incorporation, tax-compliant structuring, administration and operation of companies, foundations, succession planning and proper asset protection, to a clientele in a diversity of countries worldwide, while always being updated and compliant with all legal regulations in each one of the jurisdictions where it operates.

The firm has implemented different schedules which include a night shift allowingit to have a 24-hours operation to provide an expedite service to clients in all continents.

Legal Entities Formation:  

The company formation practice includes incorporation of entities in the below mentioned jurisdictions as well as post incorporation services such as: changes in the companies’ structures, opening of bank accounts, custody services, accounting services through our affiliate STERLING TAX CORPORATION, economic substance requirements, among others.

Economic Substance: 

Substance legislations are designed to protect the reputation of offshore jurisdictions by ensuring that income streams from certain activities are based on actual local activity to substantiate the use of low tax jurisdictions.

As a result, many international finance centres have introduced their own substance legislation. This includes all the traditional offshore jurisdictions, including the British Virgin Islands (BVI), Bahamas and other strategically important jurisdictions.​

Investment Funds: 

The firm's investment funds practice includes all matters related to the life of a fund in the BVI; establishment, management and termination.

It is important to take into consideration that pursuant to the regime which regulates the investment funds in the BVI, all funds must appoint and at all times have an authorised representative appointed. Quijano & Associates (BVI) Limited is capable of providing this service through our affiliate company, International Management and Advisory Services, Ltd. (IMAS).

Government Contracts and Concessions: 

Since the birth of the Republic, public contracts and concessions have been some of the most important activities conducted by the Government in order satisfy the needs of the population and fulfill its duty to provide the people with the basic requirements for existence.

Panama today has a stable and continuous economic growth as an attractive place for investments in infrastructure construction as government projects or with contracts with private companies basically within the parameters established by Law 5 of the 15th April, 1988.

Since investors have to bid and/or compete for public contracts and concessions, Quijano & Associates developed over several decades a team of highly qualified lawyers who are very well versed in the applicable legislation and regulatory guidelines established by the government agency in charge of public contracts. Quijano & Associates has a team of lawyers and specialised staff to assist the clients in preparing proposals in order to ensure that it will meet all legal and technical requirements in every detail, from the proper identification of the actual possibility of the investment up to winning the contract or the concession, as the case may be, a policy that accounts for every success it has obtained.

In addition to the proper assistance to the client from the very beginning, the firm's lawyers and specialised staff have provided advisory services to authorities in connection with projects involving foreigners as investors in some cases when familiarity with legal and financial concerns in both sides of the table was an advantage.

Entertainment Law: 

The firm's capabilities in respect of legislation and regulations related to entertainment activities have secured an additional dimension to its practice.

The firm represents clients during the entire process of obtaining the copyright of literature works, software protection, permits for commercial marketing, permits for spectacles and shows, as well as any related business activities in the entertainment business as well as all of the immigrations requirements for artists and performers.

Quijano & Assocaites provides advisory services to personalities and musicians as well as companies engaging in organising spectacles and performances in order to ensure compliance with all legal provisions and regulations in force and effect in Panama. Among other services, the firm provides the following services related to entertaining:

• Complete advisory service concerning Entertainment Law and copyright legislation.
• Drafting, negotiating and reviewing contracts for enterprises and personalities of the entertainment industry.
• Software protection for new technological appliances.
• Counseling concerning networks, image and commercial promotions.

The firm's clientele includes a growing number of high-profile recording artists, song writers, composers, producers, managers, agents and directors, as well as accessory professionals in the industry. Services extend from contractual representation and negotiation all the way, including advising about the financial aspects of the business. Quijano & Assocaites can proudly add that digitalised entertainment clients have profited from its long expertise in cybernetics from the technological point of view and applicable legislation.

The firm is widely recognised by companies and famous personalities of the entertainment industry.

Labor Law: 

Quijano & Associates has a group of lawyers who are experts in Panama’s Labor Law, with a long experience in dealing with small and big companies established in the national territory of the Republic of Panama, provide assistance and representation in all aspects of human resources that may or may not evolve into labor related problems.

From the very beginning of recruitment Quijano & Assocaites develops firm relations with its clientele in all dealings with the Ministry of Labor’s authorities related to labor relations as well as existing labor unions, in respect of dealings with workers about benefits, duties, disciplinary processes and sanctions as well as the voluntary termination of the employment by mutual agreement. The firm's clients include employers and employees in out-of-court claims and labor court claims.

The Human Resources Section has established a very good reputation among workers and unions for the proper interpretation of existing legislation which have enabled the firm to provide services concerning human resources in labor courts, in preparing and registering the Internal Rules of Conduct, as well as the establishment of the Comité Empresarial de Salud y Seguridad en Espacios Laborales, a document of the Ministry of Labor about the establishment of a committee for employee health and safety in the place of work.

Immigration Law: 

Quijano & Associates has a group of lawyers and staff who are familiar with every detail of immigration legislation now in force and effect in the Republic of Panama, and are particularly prepared to provide assistance concerning the immigration status of employees and/or dependents, and are also prepared to solve this kind of problems for local or foreign corporations or multinationals who have to arrange the resident status of foreigners as employees and/or as dependents.

The firm's lawyers are familiar with all of the existing procedures conceived to attract foreign investors, tourists and retirees requiring assistance in obtaining visas, work permits, temporary and permanent residence status and naturalisation procedures.

The firm's list of expertise in this field includes the following, without limitation:

• Permanent residence for economic solvency;
• Permanent residence permit under the Panama-Italy Agreement;
• Temporary and permanent residence granted to citizens of Specific Countries having friendly or investment relations with Panama (Friendly Nations);
• Temporary and permanent residence for retirees or pensioners;
• Permanent residence for persons married with a Panamanian citizen;
• Permanent residence for parents of a Panamanian citizen;
• Permanent residence as a professional foreigner;
• Temporary residence for employees under the 10% allowed for foreigners under labor contracts to work in Panama or under the 15% for specialized personnel;
• Temporary residence under the Marrakesh Agreement;
• Temporary residence for employees of a multi-national enterprise with central offices located in Panama;
• Temporary residence for retirees with means of sustenance;
• Temporary residence for specific persons in Ciudad del Saber.
• Dependents of permanent residents may also obtain permanent residence.
• Permanent residence as a Qualified Investor.

Quijano & Associates has also assisted a considerable number of foreigners through the entire process of naturalization up to the certificate of citizenship.

Litigation and Arbitration: 

Quijano & Associates has a team of lawyers and assistants with a vast procedural experience in litigation and arbitration in Mercantile Law, Civil Law, Insurance Law, Banking Law, Family Law, Criminal Law, Constitutional Law, Corporation Law and Administrative Law.

The firm's Director of Litigation and Arbitration has the experience of many instances of arbitration in which he has acted as arbiter and litigating party.

Services:

• Arbitration proceedings
• Procedural Civil and Commercial Law matters
• Contentious-Administrative processes
• Family and minors
• Proceedings in Commercial Courts
• Constitutional proceedings (constitutional guarantees, habeas corpus, habeas data, proceedings concerning violations of the Constitution)
• Proceedings before the Superintendence of the Securities Market
• Maritime Court proceedings
• Criminal cases
• Litigation concerning condominium property
• Construction Law
• Extraordinary proceedings in appeals and cassation
• Labor proceedings

Estate Planning and Trust Services: 

Quijano & Associates has been advising its clients on estate planning possibilities and providing the respective solution under Panamanian legislation.

Its lawyers advise individual clients and their families about estate planning and organization in order to evaluate and determine the best and most efficient way to establish the distribution of an estate among beneficiaries or other successors minimizing legal and fiscal costs and eliminating unnecessary expenses.

Depending on the specific needs and requirements of each client, experts evaluate and determine the best and most convenient way of structuring the distribution of the patrimony to the beneficiaries, as well as legal entities such as companies, private interest foundations in order to provide personalized solutions vis-à-vis each particular situation for the administration and the protection of the patrimony’s assets and estate planning.

Intellectual Property:  

Quijano & Associates enjoys the best reputation as a highly esteemed law firm providing advisory services in the various procedures that may be used to register and protect intellectual property rights.

Its lawyers represent clients in the process of registration of logos, symbols, images, art, phrases, tridimensional logos, signs, designs to protect the creativity and inventiveness, and at the same time oppose any attempt to violate the rights of the owner of the trademark.

In addition, the firm provides services to clients by obtaining the protection of the patents of inventions, industrial designs and denomination of origin.

Its experts advise clients as from the registration of the intellectual property rights and in any process involving its sale and licensing in Panama and all over the world including, without limitation, the following:

• Representation and advice in Panama for the protection of intellectual property rights.
• Protection of licenses and franchises.
• Due diligence concerning trademarks, registrations, licenses and acquired rights in the national market.

It is important to obtain the registration of intellectual property because of the day-to-day progress and developments which underline the importance of a proper protection of intellectual property in order to contribute to the growth and development of the client’s business by preventing that third parties profit from violating those rights.

Quijano & Associates offers expert legal advice and assistance for the protection of intellectual property.

Real Estate: 

Quijano & Associates offers legal assistance for the purchase, sale and lease of residential and commercial real estate. The firm offers guidance throughout the negotiation of the agreement terms to be subscribed, management of the transaction and administration documents, investigation of encumbrances that may exist on any property, processing of financing by the bank, up to the conclusion of the transaction. The firm also aids property owners in regards to procedures of zoning and rezoning, evaluation of real estate taxes, management of eviction procedures and resolution of disputes between owners and tenants.