PANAMA CITY ROOTS. TWO OCEANS.   A guide by Fernando Yemail & Feeling Yachty
Yachty Guide Panama by Feeling Yachty
Own & maintain · Registration

Owning a boat through a Panama corporation or foundation

A Panamanian sociedad anónima (S.A.) or private interest foundation can be the registered owner of a boat, because Ley 57 lets any legal person register a vessel. The AMP then deals with the entity, not with you. Each filing must prove who signs for it, and the entity must stay in good standing.

What the registry sees

Article 3 of Ley 57 of 2008 lets any person, natural or legal, register one or more vessels, with no nationality or domicile requirement. So the owner on the AMP's Registro Público de Propiedad de Naves can be:

  • A Panamanian sociedad anónima or sociedad de responsabilidad limitada.
  • A Panamanian fundación de interés privado (Ley 25 of 1995).
  • A foreign company, such as a US LLC, with its documents apostilled.

The registry records the entity as owner. It does not record its shareholders or beneficiaries. Whether an entity suits you at all, for liability, estate planning or resale, is covered in personal, S.A. or foundation. This page covers what changes on the registry side once you have chosen.

Proving who can sign

A company cannot sign at a counter, so every AMP filing has to show the authority of the person signing. Expect to provide:

  • A recent certificate from the Registro Público de Panamá for the company or foundation, showing its directors or council, legal representative and resident agent.
  • A board resolution or council resolution authorising the purchase, registration, mortgage or sale, with notarised signatures.
  • A power of attorney to the lawyer or person who will file, authenticated if signed abroad.

Interior-service boats can be filed by the owner without a lawyer (Ley 57, Art. 17). When the owner is a company, the person filing is its legal representative or an attorney-in-fact. International-service vessels need a Panamanian lawyer as resident agent of the vessel (Art. 102). That role is separate from the company's own resident agent, though it can be the same firm.

Foundations and the commercial-use problem

A private interest foundation must have no profit-making purpose. A Kraemer & Kraemer summary of Ley 25 of 1995 says it may carry out commercial activities only where the result belongs exclusively to the foundation. Holding a family yacht fits that well. Running charters through a foundation is a different matter: it sits badly with the law's purpose, and lawyers usually advise an operating company instead.

If the boat may ever earn money, look at an S.A. from the start. Note too that the 2021 cabotage law requires a company seeking an AMP operating licence for auxiliary maritime services in Panamanian waters to show at least 75% Panamanian shareholders, subject to reciprocity and to exceptions such as luxury nautical tourism on megayachts. See setting up a charter company and AMP commercial vessel licensing.

Keeping the entity in good standing

An entity that falls out of good standing can freeze the boat's paperwork. Keep these current:

  • Tasa única anual. Article 7 of Ley 57 says the registry can record titles and mortgages for Panamanian companies without proof of the annual fee. The DGMM must see it paid, though, before it issues a cancellation of the Panamanian registry. An unpaid company cannot take its boat to another flag.
  • Resident agent. Every Panamanian company and foundation has one, a lawyer or law firm.
  • Beneficial ownership. Ley 129 of 2020 requires resident agents to record the entity's final beneficial owners in a private registry overseen by the Superintendencia de Sujetos No Financieros. The entity must give its agent the data.

Confirm the current annual fees with your lawyer or the DGI. Put the renewal dates for the boat's patente and the company's annual fee in the same calendar, because the AMP wants the vessel paz y salvo before it renews navigation documents.

Selling the boat or selling the company

There are two ways out, and they look different on the registry:

  • Selling the boat. The company sells, the title is recorded in the buyer's name and the AMP issues new navigation documents. See transferring ownership at the registry.
  • Selling the shares. The registered owner stays the same, so the patente does not change. The buyer inherits everything the company owes, so a lawyer's due diligence on the company matters as much as a lien check on the boat.

The Florida parallel, an LLC or trust holding a boat, is in boat ownership entities.

Your practical starting checklist

  1. Choose the structure with a Panamanian lawyer before you sign the purchase contract.
  2. Form the S.A. or foundation, or have its Registro Público certificate and resident agent details ready.
  3. Pass a board or council resolution authorising the purchase and registration, with notarised signatures.
  4. Put the bill of sale and the AMP filings in the entity's name, signed by its legal representative or attorney.
  5. Keep the annual fee, resident agent and beneficial-owner records current every year.

Frequently asked questions

Can a Panama S.A. own a boat registered in Panama?

Yes. Ley 57 lets any legal person register vessels. The S.A. appears as owner on the Registro Público de Naves, and its legal representative or an attorney signs for it.

Can a foundation own a yacht in Panama?

Yes, for private use. A foundation has no profit-making purpose, so running charters through one is a poor fit. An operating company is the usual route for commercial use.

Can a US LLC register a boat under the Panama flag?

Yes. There is no nationality requirement, but its formation documents, resolutions and powers of attorney must be apostilled. If they are not in Spanish, they usually need translating for the public deed.

Does owning through a company hide me from the authorities?

No. The registry shows the entity, but under Ley 129 of 2020 the resident agent must record and keep the final beneficial owners, and must supply them to the authorities when required.

Can I move a boat from my own name into my company?

Yes, but it is a transfer like any sale. The title is recorded in the company's name and the AMP issues new navigation documents, with the fees that go with them.

¿Una sociedad anónima puede ser dueña de una lancha?

Sí. La sociedad figura como propietaria en el Registro Público de Naves y firma por medio de su representante legal o un apoderado. Debe estar al día con la tasa única.

Which structure suits your boat, and what each costs to keep. Read Personal, S.A. or foundation.

The registration pillar: services, documents and steps. Read Registering a boat with the AMP.

S.A. to RUC for a boat that will carry paying guests. Read Setting up a charter company.

Same topic in Florida: coming from the US? Compare Personal vs Entity Boat Ownership.

Official resources

Use the relevant Panamanian authority for current requirements and fees. These resources are the next place to check; a practical recommendation is not an agency determination.

Fernando Yemail is the owner of Feeling Yachty and is not a lawyer. Yachty Guide provides general educational information and practical recommendations, not legal, tax, insurance or individualized professional advice. Panamanian rules depend on the vessel, flag, activity and location and can change. Confirm current requirements with the relevant authority (AMP, ACP, SENAN, ATP, ARAP, MiAmbiente, Migración or Aduanas) and consult a qualified professional in Panama about your situation. Full disclaimer.