World Watch/Guatemala/Starting a Business

Starting a Business · Guatemala

Starting a business in Guatemala: foreigner's guide (2026)

ModerateCódigo de Comercio (Decreto 2-70); Ley de Inversión Extranjera (Decreto 9-98); Ley de Fomento de Inversión de Capital Extranjero (Decreto 46-2022); administered by the Registro Mercantil General de la República and the Superintendencia de Administración Tributaria (SAT)Country index 56 · C

Guatemala shaded by its starting a business status

Guatemala permits 100% foreign ownership of locally incorporated companies with no statutory minimum capital requirement, making it broadly open to foreign investors. The most common vehicle is the Sociedad Anónima (S.A.), formed before a Guatemalan notary and registered with the Registro Mercantil; online registration of the mercantile entity alone takes roughly two working days, while the full end-to-end process including notarial deeds and tax enrolment typically runs four to six weeks. Sector-specific licences (environment, health, agriculture) can extend timelines considerably.

Key points

Foreign-ownership limits

The Ley de Inversión Extranjera (Decreto 9-98) expressly allows foreign investors to participate in any lawful economic activity and to hold any proportion of capital stock in Guatemalan companies; no local partner or co-investor is required. Discriminatory treatment of foreign investors is explicitly prohibited.

Minimum capital

There is no statutory minimum paid-up capital for incorporating a standard S.A. or limited-liability company under the Código de Comercio. The 2022 Decreto 46-2022 (promotion of foreign capital investment) offers special treatment for projects above ~800,000 Investment Units but imposes no minimum on ordinary company formation.

Key formation steps

1) Reserve company name with Registro Mercantil. 2) Legal representative obtains a NIT (tax ID) from SAT — mandatory for all nationalities. 3) Shareholders execute articles of incorporation before a Guatemalan notary. 4) Notary submits deed to Registro Mercantil for registration. 5) Company registers with SAT (tax authority) and establishes a local tax domicile. 6) Obtain any sector-specific permits (environment, health, food, etc.).

Timeline and costs

As of April 2025, online registration of a mercantile company with the Registro Mercantil takes approximately two working days; a full limited-liability company registration takes four to six working days online. Official registration fees are approximately USD 26–29 for entities with authorised capital up to ~USD 63,857. Total costs including notary fees range from GTQ 8,000–15,000 (~USD 1,040–1,950).

Notary and digital filing

Incorporation of a Sociedad Anónima legally requires execution before a Guatemalan public notary (notario), adding time and cost relative to purely self-service digital systems. The Registro Mercantil operates an ePortal (eportal.registromercantil.gob.gt) and Sede Virtual for online submissions, including remote issuance of tax numbers, but notarial involvement remains obligatory for the deed itself.

Sole proprietor restriction for foreigners

Foreign nationals wishing to operate as individual merchants (comerciante individual) face a higher bar: they must hold a valid Guatemalan work permit and demonstrate an investment exceeding USD 100,000. This restriction does not apply to incorporation as a corporate entity (S.A. or SRL) where foreigners enjoy full parity with nationals.

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Last verified 5/24/2026 · Orientation, not legal advice - verify against the primary sources linked above. Explore the full world map →