We are proud to be able to provide our clients with the knowledge and expertise of our attorneys. De Castro & Robles has attorneys admitted to practice before U.S. Courts and with English law academic background. Practice areas include:

Admiralty & Maritime Law

De Castro & Robles specializes in Admiralty and maritime law, with emphasis in litigation before Panama’s Maritime Courts and Arbitration Tribunals, generally representing the interest of the owners and charterers of vessels arrested, their underwriters and P&I Clubs.

The First Maritime Court of Panama was created by Law 8 of 1982 to replace the former U.S. District Court of the Canal Zone which was disestablished to the terms of the treaty between Panama and the United States of America. This Court was the only source of admiralty jurisdiction at the Canal until then. The procedure followed by the Panama Admiralty Court resembles to some extent that of a U.S. District Court sitting in admiralty.

As years passed and maritime litigation grew, a Second Maritime Court was established in 2001, and shares jurisdiction with the First Maritime Court over cases arising out of maritime commerce and trade.

The Maritime Courts exercise jurisdiction in rem over vessels or cargo calling at the Panama Canal and other ports throughout the country. Jurisdiction in personam is acquired by the attachment of property pertaining to the defendant found within the Court’s jurisdiction which may consist of a vessel, cargo, bunkers, or any other property.

In order to arrest a vessel in rem or in personam with maritime attachment or ‘quasi in rem’, plaintiff must post a cost bond in the sum of US$1,000.00 and deposit US$2,500.00 initially with the Marshal of the Court to cover initial arrest expenses. The simplicity of this procedure makes it very attractive for claimants to arrest vessels transiting the Panama Canal or calling at other Panamanian ports.

The Maritime Courts are available to issue process and to release vessels from arrest 24 hours a day, 365 days a year. Arrest and release of vessels are handled expeditiously in an attempt to minimize costs and expenses to ship owners and charterers. A motion to challenge the validity of an arrest is given priority on the Court’s docket.

Claims against the Panama Canal Authority

De Castro & Robles has represented clients before the Panama Canal Authority, and its predecessors the De Castro & Robles has represented clients before the Panama Canal Authority, and its predecessors the Panama Canal Company and Panama Canal Commission since 1956.

Claims for damages to vessels, cargo, crew or passenger of vessels which may arise by reason of their transit through the Panama Canal, or waters adjacent thereto, including port terminals at both ends of the canal, may be filed against said Authority within two (2) years of the occurrence, provided the basis for such claim is laid before the vessel departs Canal operation waters.

The basis for the claim is established by convoking a hearing before the Board of Inspectors of the Panama Canal Authority. During its investigation, the Board receives relevant documentation and interviews the witnesses under oath in connection with navigational and safety aspects.The parties in interest and their respective counsel have the right to examine such witnesses. Attorneys from our firm have navigation backgrounds from the United States Merchant Marine Academy, which allows them to grasp and discuss technical and navigation aspects with Pilots, Masters and other witnesses.

A few weeks after the investigation is concluded, the Board issues its findings of facts and opinion regarding the cause of the accident. This opinion is not binding before any administrative or judicial authority.

If a claimant is dissatisfied with the disposition of its claim by the Panama Canal Authority, it may file suit against the same before the Maritime Courts of the Republic of Panama within one (1) year from receiving the Authority’s final determination of its claim.

We are proud to have been the first firm to successfully engage in legal proceedings against the Panama Canal Authority before Panamanian Maritime Courts.

Registration of Vessels in Panama

Over the years, De Castro & Robles has handled in the registration of vessels under the Panamanian flag. The services provided by the Firm include acting as resident agent for the vessel, handling of the required documentation, payment of registration and annual dues and representation before the Directorate of Consular and Shipping Affairs of the Panama Maritime Authority for any administrative matter that may arise.

Since 1925 Panama’s Open Registry has benefited the international maritime community. A vessel owner is not required to be a Panamanian citizen or a Panamanian corporation in order to register a vessel under the Panamanian flag. Furthermore, the fiscal laws are territorial in nature, hence the income generated by the commercial operation of vessels is not subject to taxes in Panama.

Vessels may be provisionally registered either through Panamanian Consuls, which are located in the principal maritime centers of the world, or locally in the Directorate of Maritime and Consular Affairs office, through a Panamanian attorney.

The temporary registry is provided for a period of six months, during which the required documentation for the permanent registration of the vessel must be filed with the Public Registry and the Directorate of Maritime and Consular Affairs Office. A certificate of navigation, or patents, is then issued for a period of four years, at the end of which time it must be renewed.

Panamanian Registry also offers the possibility of dual registration allowing the bareboat charterer of a vessel to register her in Panama without deleting same from her principal registry. The charterer must charter the vessel for a period of two years, and obtain authorization from the vessel owner and the authorities of the place of registry.

There are several incentives and discounts provided by the Panamanian Registry for new construction vessels or ships registered in Panama for the first time.

Hypothecation of Vessels

Our firm provides all services required for the registration of naval mortgages in Panama’s Public Registry, including drafting of contracts, preparation of the mortgagee instrument, reviewing the documents to ensure compliance with all formalities required by Panamanian law, translation of documents, and registration and deletion of the mortgage.

Panama provides an efficient system of registration of naval mortgages. A prerequisite of registering a mortgage is to register the vessel, at least preliminarily, under the Panamanian flag. Generally, the preliminary registration of both the vessel and the mortgage takes place simultaneously before a Panamanian Consul.

Business and Corporate Law

Panama’s corporation law provides a very flexible system allowing our clients to select the corporate structure most suitable for their intended business. De Castro & Robles offers advice on all issues relating to corporate and business law. Our diversity of expertise enables us to serve the changing needs of our clients. Our services include formation of corporations, reorganizations, dissolutions, mergers, acquisitions, asset and stock purchases, limited liability companies; representation before governmental agencies, litigation in local courts, as well as any legal issue that may arise during the life of a corporation.

Formation of Corporations

The Republic of Panama’s corporate regime is world-wide known. Since the enactment of Law No. 27 of 1932, Panamanian corporations have been part of major commercial transactions around the globe.

Panama’s corporation law provides several attractive features which could be used advantageously. Some of them include:

1) No requirement of being a Panamanian citizen to form a corporation. The law only requires the appointment of a lawyer or a firm as resident agent of the corporation.

2) Complete anonymity of stockholders, directors and officers of the corporation who may be of any nationality

3) No requirement to hold annual meetings of shareholders or directors, and the meeting can be held any place in the world, if so provided in the Articles of Incorporation.

4) No tax on business engaged in by the corporation outside Panama. However, the corporation is charged a formation and annual franchise tax.

5) No requirement that directors or officers be shareholders.

6) No requirement to disclose beneficial owners.

7) Annual franchise tax now at US$ 300,00.

In addition to the above, a new corporation can be organized in a few days, and certificates of standing are usually obtained within 24 hours.

Corporations are allowed to open bank or brokerage accounts either locally or in other countries. The requirements depend upon each banking or financial institution. Neither Director’s and Officers, or their assets, are liable for the debts of the corporation. Our firm also offers corporations and business entities from British Virgin Islands and other jurisdictions. Please contact us for further details.

Asset Protection & Estate Planning

Asset protection planning is only one component of integrated estate planning. The other two components are estate planning and financial planning. Asset protection planning may be defined as the lifetime side of estate planning, and may be defined as the process of organizing one's assets and affairs in advance, in order to guard against risks to which the assets would otherwise be subject.

De Castro & Robles is able to provide clients, corporate and individual, with integral advice on protection of assets and estate planning, using a combination of private foundations and trusts to meet clients’ particular needs.

Private Foundations

Private Foundation’s law was enacted in 1995, patterned after similar legislation from Liechtenstein. There are many advantages of Private Interest Foundations follow:

• It offers total secrecy and anonymity.
• No requirement to disclose beneficiaries.
• No requirement to file annual returns or financial statements.
• Full exemption from taxation on any business activity or transaction carried on outside of Panama.
• Inheritance laws that apply in the domicile of the founder or the beneficiaries, shall not be effective against the foundation’s assets nor may these laws affect the validity or performance of the foundation’s objectives.
• Simple ongoing administration.
• Its cost is very competitive with respect to those of the other foreign jurisdictions.
• The founder may act through a corporation if he desires.
• Complete management privacy and confidentiality.

Trusts

Contrary to most countries with legal systems of Latin and civil law origins, which adopt a more Latin oriented figure of what is known in Spanish as “Fideicomiso”, the Republic of Panama followed since 1941 the more innovative concepts of what is known in English as Trust.

Panamanian Trusts are formed and operated under the Trust Law of Panama, Law#1 of January 5, 1984, amended in 1997 which replaced Law #17 of February 20, 1941.

The Panamanian Law defines Trust as a contract between an individual (the settlor) who transfers certain assets to one or more persons (the trustee) to manage or dispose of same in favor of a beneficiary, who may be the trustor himself.

The most common form of trust established in offshore jurisdictions is the Discretionary Trust. This is a flexible trust, it gives a high level of confidentiality as usually there is no requirement to file the trust instrument with any government agencies. The settlor, the trust’s activities and the identity of the beneficiaries are fully protected.

Depending upon the residence for tax purposes of the settlor and the beneficiaries, it is often possible to make distributions of capital or income from the trust completely free of tax.

Real Estate

The value of real estate in Panama is relatively low compared to U.S. and European standards. Given Panama’s rate of growth, immigration from U.S. and Europe and tourism incentives which have resulted in the construction of several major resorts and tourist attractions in recent years, it is not surprising that real estate has become one of the many alternatives for investiment.

Our firm provides all services required for the purchase of real estate in Panama, including registration in Panama’s Public Registry, drafting of contracts, preparation of the mortgage instrument, dealing with local or international banks and reviewing the documents to ensure compliance with all formalities required by Panamanian law.

Immigration Law

As a result of the increase in tourism and real estate activity, as well as the increase of foreign citizens moving to Panama either to retire or for long term and periodic vacations, De Castro & Robles expanded its services to provide legal services in immigration matters. Our assistance includes administrative procedures for obtaining all types of visas, work permits, students and retiree status, procedures to obtain Panamanian citizenship, and all related matters involving immigration law.

Labor Law

De Castro & Robles’ services include the field of labor law. Our experienced attorneys are able to assist in all aspects of labor law, from drafting labor contracts and litigation to negotiations with labor unions.

Our expertise also encompasses labor aspects related to work at sea on board Panamanian-flagged ships, under Law-Decree No. 8 of 1998, Governing Work At Sea, and the chart governing compensation resulting from injuries, death and disabilities.

Civil Litigation, Mediation and Arbitration

Aside from Maritime litigation, De Castro & Robles is also experienced in litigation before civil courts, administrative agencies and alternative dispute resolution such as arbitration and mediation. Our attorneys are highly skilled in all types of adversarial procedures and the collection of unpaid debts.