Procedure

REQUIREMENTS BY MODALITY OF INVESTMENT COMMITMENT BY THE INVESTOR

1. Make, within a period of 2 years, capital contributions for an amount of not less than US$ 5 million in any sector of the economy, with the exception of the mining and hydrocarbon sectors.
2. Make, within a period of 2 years, capital contributions for an amount of not less than US$ 10 million in the mining and hydrocarbon sectors.
3. Make capital contributions to the beneficiary company of a concession contract, and that establishes in the contract, as a minimum, the amounts established in numerals 1 or 2, as appropriate.

DOCUMENTATION TO BE SUBMITTED TO PROINVERSIÓN

• Request addressed to the Directorate of Investor Services
  • If the Investor is a natural person:
    • Form 5,duly completed and countersigned by the legal representative
    • Simple copy of the Identity Document (for foreign representatives).
    • Legalized copy of the Testimony of the Deed of Social Constitution of the company receiving the investment, duly registered with SUNARP.
  • If the Investor is a legal person:
    • Form 5, duly completed and countersigned by the legal representative.
• If applicable:
  • Foreigner: Document that proves the legal existence of the investor in his country of domicile, duly legalized by the Ministry of Foreign Affairs, or that he has the corresponding Apostille.
  • Local: Legalized copy of the Testimony of the Public Deed of the company, duly registered with SUNARP
• Power of attorney in Spanish where the powers of the representative to contract on behalf of the represented person are accredited, or a legalized copy thereof. The powers granted abroad must be legalized before the Ministry of Foreign Affairs, or have the corresponding Apostille.
• Simple copy of the Identity Document of the representative who will sign the Agreement (for foreign representatives).
• Legalized copy of the Testimony of the Public Deed of Social Constitution of the receiving company of investment, duly registered with SUNARP.
• In cases where the investor's contribution is destined to the constitution of the company, a legalized copy of the Minute of Incorporation duly entered with the Notary must be presented.
• If the investor or his representative is a foreigner, he must present a copy of the Passport stating his business visa, a copy of his Immigration Card, or failing that, the respective authorization granted by the General Directorate of Migration and Naturalization (DIGEMIN).
• If the investor has made contributions to the capital stock of the company receiving the investment, before or during the application process for signing Agreement2, he must submit a legalized copy of the Capitalization Accounting Entry of the Daily Book that accredits said contributions (no voucher). If the Accounting Entry and the Bank Certificate are inserted in the Public Deed of Capital Increase, it will be sufficient to present a legalized copy of the Testimony in replacement of said documents.

In case the copies are not legalized, they must be authenticated by a PROINVERSIÓN official. Contact Ms. Roxana Mayanga: rmayanga@proinversion.gob.pe.

Download Form 5
Base legal: Arts. 10, 11 y 13 del D. Leg. N° 662; Capítulo I del Título V del D. Leg. Nº 757; Ley Nº 27342; D.S. N° 162-92-EF; D.S N° 136-97-EF y D.S. N° 033-2000-EF. 2 Conforme al D. Leg. N° 1011, se podrán celebrar Convenios de Estabilidad Jurídica respecto de aportes al capital social efectuados hasta con una anterioridad máxima de 1 año a la fecha de suscripción.

 

REQUIREMENTS BY MODALITY OF INVESTMENT COMMITMENT BY THE INVESTOR:

1. That one of its shareholders has signed the corresponding Legal Stability Agreement as an Investor.
2. If tax stability is requested, the contributions to be received represent an increase of 50% with respect to the total amount of capital and reserves, and are destined to increase the productive capacity or the technological development of the company.

DOCUMENTATION TO BE SUBMITTED TO PROINVERSIÓN

• Request addressed to the Directorate of Investor Services.
• Formu 6, duly completed and countersigned by the legal representative.
• Legalized copy of the Testimony of the Deed of Social Incorporation of the company receiving the investment, duly registered with SUNARP.
• Power of attorney where the powers of the representative to contract on behalf of the represented person are accredited, or a legalized copy thereof.
• alización (DIGEMIN).
• If the investor has made contributions to the capital stock of the company receiving the investment, before or during the application process for signing Agreement2, he must submit a legalized copy of the Capitalization Accounting Entry of the Daily Book that accredits said contributions (no voucher). If the Accounting Entry and the Bank Certificate are inserted in the Public Deed of Capital Increase, it will be sufficient to present a legalized copy of the Testimony in replacement of said documents.

In case the copies are not legalized, they must be authenticated by a PROINVERSIÓN official. Contact Ms. Roxana Mayanga: rmayanga@proinversion.gob.pe.

Download Form 6
Base legal: D. Leg. Nº 662; D. Leg. Nº 757; D.S. Nº 162-92-EF; D.S. N° 136- 97-EF; D.S. N° 048-98-EF y D.S. N° 033-2000-EF.

 

DOCUMENTATION TO BE SUBMITTED TO PROINVERSIÓN

• Request addressed to the Directorate of Investor Services, which must specify the date on which the Legal Stability Agreement was signed; as well as duly substantiating the reason for the requested modification.
• Form 7, duly completed and countersigned by the legal representative.
• Power of attorney in Spanish, where the powers of the representative to contract on behalf of the represented person are accredited, or a legalized copy thereof. The Powers granted abroad must be legalized by the Ministry of Foreign Affairs, or have the corresponding Apostille.
• If the investor or his representative is a foreigner, he must present a copy of the Passport, stating his business visa, a copy of his Immigration Card, or failing that, the respective authorization granted by the General Directorate of Migration and Naturalization (DIGEMIN).

Download Form 7
Base legal: Art. 12 y sgtes. del D.Leg. Nº 662; Art. 38 y sgtes. del D. Leg. Nº 757; Ley Nº 27342; D.S. Nº 162-92-EF; D.S. Nº 136-97-EF y D.S. Nº 033-2000-EF. 2 Conforme al D. Leg. N° 1011, se podrán celebrar Convenios de Estabilidad Jurídica respecto de aportes al capital social efectuados hasta con una anterioridad máxima de 1 año a la fecha de suscripción.

 

DOCUMENTATION TO BE SUBMITTED TO PROINVERSIÓN

• Solicitud dirigida a la Dirección de Servicios al Inversionista, en la cual se deberá precisar la fecha en que se suscribió el convenio de estabilidad jurídica.
• Form 8, duly completed and countersigned by the legal representative.
• Document in Spanish, which proves the legal existence of the assignee in your country of domicile, or a legalized copy thereof. The Documents granted abroad must be legalized by the Ministry of Foreign Affairs, or with the corresponding Apostille.
• Powers of attorney in Spanish, where the powers of the representative to contract on behalf of the represented person are accredited, or a legalized copy thereof. The Powers granted abroad must be legalized by the Ministry of Foreign Affairs, or with the corresponding Apostille.
• If the investor or his representative is a foreigner, he must present a copy of the Passport, stating his business visa, a copy of his Immigration Card, or failing that, the respective authorization granted by the General Directorate of Migration and Naturalization.

Download Form 8
Base legal: D. Leg. Nº 662; D. Leg. Nº 757; D.S. Nº 162-92-EF; D.S. 136- 97-EF; D.S. 048-98-EF y D.S. 033-2000-EF.

 

DOCUMENTATION TO BE SUBMITTED TO PROINVERSIÓN

• Request addressed to the Directorate of Investor Services, which must specify the date on which the legal stability agreement was signed.
• Form 9, duly completed and countersigned by the legal representative.
• If you are the same legal representative of the initial Agreement, you must present a Certificate of Validity of the Powers.
• If you are a new attorney, you must present a Power of Attorney where the powers of the representative to contract on behalf of the represented person are accredited, or a legalized copy thereof. The Powers granted abroad must be legalized by the Ministry of Foreign Affairs, or with the corresponding Apostille.
• Legalized copy of the Merger or Excision Testimony as appropriate, registered with the corresponding registry, or in the process of registration, which will be accredited by the presentation of the relevant part or title.

Download Form 9
Base legal: D. Leg. Nº 662; D. Leg. Nº 757; D.S. Nº 162-92-EF; D.S. 136- 97-EF; D.S. 048-98-EF y D.S. 033-2000-EF.