In 30 seconds
- Yes, it can be done: a foreign individual or company can be a shareholder of a Peruvian company without living in Peru and without traveling to incorporate it. It is done through a power of attorney in favor of an attorney-in-fact who signs on the shareholder's behalf.
- The power is signed in your country before a notary, with an apostille (or consular legalization if your country is not a party to the Hague Convention), or at a Peruvian consulate, which issues it in Spanish and without an apostille.
- You need at least two shareholders (article 4 of the General Companies Law). The EIRL and the SACS only accept individuals: if a foreign company will be a shareholder, the usual form is the SAC (a closely held corporation).
- Once registered with SUNARP, the company activates its RUC (tax ID) through a legal representative who holds a Peruvian ID, a foreigner's card (carné de extranjería) or a visa allowing income-generating activities in Peru, and reports its beneficial owners to SUNAT.
- The general manager and the tax address are not mere formalities: the legal representative may be personally liable for unpaid taxes, and if SUNAT cannot find the company at its address, it flags it as «no habido» (not located).
Can you set up a company in Peru without traveling?
Yes. Peruvian law does not require shareholders to live in Peru or to be present to incorporate the company: someone only needs to sign on their behalf with a sufficient power of attorney. That someone is the attorney-in-fact (apoderado), who can be a relative, a local partner, a trusted employee or a lawyer.
What you will need is a person with signing authority in Peru for the steps that come afterwards —activating the tax ID, opening the bank account, receiving official notices— until the company has its own manager in place. Below we explain the options and the liability each one carries.
The whole route, step by step
These are the eight steps, in order. The color tells you where each one happens: in your country, in Peru, or remotely by email or WhatsApp.
If the power is signed at a Peruvian consulate, no apostille or translation is needed: it is issued in Spanish.
The power of attorney: two ways to sign it in your country
The power of attorney is the most important document of the whole process and the number one cause of delays. There are two ways to sign it without traveling, and both are valid in Peru:
| Notary in your country | Peruvian consulate | |
|---|---|---|
| Language | Your country's language | Spanish |
| Apostille | Yes. If your country is not a party to the Hague Convention, legalization at the Peruvian consulate and then at the Ministry of Foreign Affairs in Lima | Not needed |
| Translation | Official translation into Spanish, if not in Spanish | Not needed |
| What you need | Your ID and the text of the power | An appointment, your passport and the text of the power (minuta) drafted by a Peruvian lawyer |
| Afterwards | You send the original to Peru | The consul's signature is legalized at the Ministry of Foreign Affairs; several consulates already send it to SUNARP digitally |
| Best if… | There is no Peruvian consulate nearby or you need a quick appointment | There is a consulate nearby and you want to skip the apostille and the translation |
What the power of attorney must say
A generic power («to represent me in Peru») will not work: the notary and the registrar check that each authority is written out. At a minimum, the power must authorize your attorney-in-fact to:
- Incorporate the company (SAC or SRL) and approve its articles and bylaws.
- Subscribe and pay in your shares or quotas, stating the amount or percentage that corresponds to you.
- Appoint the general manager and the company's other attorneys-in-fact.
- Sign the minuta, the public deed and any document the notary or SUNARP requests, including corrections the registry may require.
- If needed, handle the tax ID (RUC) and open bank accounts in the company's name.
The tip that saves the most time: have a Peruvian lawyer draft the text of the power, and simply take it to the notary or the consulate. A power drafted abroad without knowing what the Peruvian registry requires is the most expensive mistake of the process, because it forces you to repeat the signing, the apostille and the courier.
Documents, depending on who the shareholder is
They differ depending on whether the shareholder is an individual or a company. In both cases, anything issued abroad needs an apostille (or consular legalization) and an official translation if it is not in Spanish: SUNARP's registry rules require it.
Request the corporate shareholder's certificate as close to the signing as possible: an old certificate may be rejected.
How many shareholders? At least two, who can be individuals or companies (article 4 of the General Companies Law). A SAC accepts up to 20 shareholders and an SRL up to 20 partners. The EIRL (sole proprietorship with limited liability) can only be owned by one individual, and the SACS —the simplified company created by Legislative Decree 1409— only accepts individuals: if a foreign company will be a shareholder, the usual form is the SAC.
A common example: a foreign company holding most of the shares and an individual holding the rest. It works without any problem as a SAC, as long as the corporate shareholder proves that it exists and who represents it, and the individuals behind it can be identified.
Share capital: how much and how it is contributed
There is no general minimum capital. What the law requires is that the capital be fully subscribed and that each share be paid in at least one quarter upon incorporation (article 52 of the General Companies Law).
If the contribution is in cash, it is evidenced before the notary with a deposit slip from a bank in Peru in the name of the company being formed. With shareholders abroad, this point needs planning: the money has to reach an account in Peru, and the bank will ask where it comes from. Contributions can also be made in kind, with their valuation.
SUNARP and the tax ID: when the company is born and who represents it
The company exists from the moment SUNARP registers it and opens its own registry file. If the deed is filed through SUNARP's digital system (SID-SUNARP), the registration comes with a RUC number (tax ID) that the company then activates with SUNAT. If the registrar raises an objection, it must be corrected and the timeline gets longer: that is why it matters so much that the power and the documents arrive complete.
The detail almost nobody mentions
To be listed as a legal representative before SUNAT, a foreigner needs a foreigner's card (carné de extranjería) or a passport with a visa that allows income-generating activities in Peru, unless a treaty exempts them. A manager who lives abroad and enters the country as a tourist cannot be registered as the company's legal representative in the RUC. That is why, in addition to the manager, a representative in Peru is appointed.
Right at the start, the company must also choose its tax regime, enable electronic invoicing and file monthly returns even before it has any sales.
The beneficial owner: who the real owners are
Every company must report its beneficial owners to SUNAT: the individuals who, directly or indirectly, hold at least 10% of the capital, or who control the company by other means. If there are none, the person holding the general management or the board is reported (Legislative Decree 1372 and Supreme Decree 003-2019-EF). If your shareholder is a company, you have to «go up» the ownership chain until you reach the individuals.
The deadline depends on when the company gets its RUC: companies that obtain it by November 30, 2026 file the return on the due dates for the November 2026 period; those that obtain it later, on the due date for the month in which they register (SUNAT Resolution 000168-2025/SUNAT). Failing to file it creates a presumption of liability for the legal representative (article 16, item 12, of the Tax Code).
The bank account
This is the step that depends least on the law and most on each bank. Peruvian banks are required to identify the real owners and the source of funds, and when the shareholders are abroad they review it more closely. They usually ask for the deed and the SUNARP registry file, the RUC record, the registered power of whoever opens the account, the IDs of the representatives and beneficial owners, and an explanation of the business and of the source of funds.
Whoever opens the account normally has to appear at the bank. If nobody from the company is in Peru, your local representative will do it, with their power registered at SUNARP.
The address: the company's and the one SUNAT sees
These are two different things. The company's domicile is the city stated in the bylaws: the place where the company has its administration or one of its main activities (article 20 of the General Companies Law). The tax address (domicilio fiscal) is an exact address that the company declares to SUNAT when it registers for the RUC, and it is where SUNAT looks for it and serves notices (article 11 of the Tax Code).
The tax address can be an owned office, a rented one or a business center, but it has to be real: an address where the company can actually be found. If SUNAT does not find it there, the company is flagged as «no habido» (not located), which blocks its procedures and also creates a presumption of liability for its legal representative (article 16, item 2, of the Tax Code). And the address alone is not enough: SUNAT also serves notices through the electronic mailbox tied to the company's SOL password, so someone has to check it.
The legal representative in Peru: manager, attorney-in-fact and the liability of each
A foreigner can be general manager while living abroad, and the shareholders can add an attorney-in-fact in Peru. But they are not the same thing, and they do not carry the same risk:
Companies Law: General Companies Law, Law 26887 (articles 188 and 190). Tax Code: article 16.
The general manager is not a decorative position. Unless the bylaws limit it, the general manager has broad powers to enter into contracts and represent the company (article 188 of the General Companies Law), and is liable for the accounting, the company's funds and compliance with the law (article 190). Before SUNAT, moreover, the legal representative is liable with their own assets for taxes the company fails to pay when there is willful misconduct, gross negligence or abuse of authority, and the law presumes such negligence, unless proven otherwise, in situations such as the company being flagged as «no habido», not keeping accounting records or not filing the beneficial owner return (article 16 of the Tax Code).
That is why a common setup is: a manager trusted by the shareholders —who may live abroad— and an attorney-in-fact in Peru with powers limited to what is needed: filings with SUNAT and SUNARP, receiving official notices and, if necessary, opening the bank account. The powers of each are tailored in the bylaws or in the power of attorney.
Why a serious law firm will ask you for so much information
Lawyers who create or manage companies on behalf of their clients are required to prevent money laundering, just like notaries and banks (article 3 of Law 29038, as amended by Legislative Decree 1249). Verifying who the owners are and where the money comes from is not distrust: it is what allows the company to open its account and operate smoothly.
Peruvian company or branch?
If there is a foreign company behind the investment, it can also open a branch. A branch is not a new legal entity but the same company operating in Peru, and the law requires it to have at least one permanent legal representative in the country (articles 396 and 403 of the General Companies Law). The parent company is liable for everything the branch does. That is why incorporating a SAC with the foreign company as shareholder is usually preferred: a separate company is born, with its own assets.
Taxes to know before you invest
Once incorporated, the company is Peruvian and pays taxes like any other. What changes is how profits flow out to foreign shareholders. These are the rules that weigh most when designing the structure:
| Item | Rule | Legal basis |
|---|---|---|
| Corporate income tax | 29.5% of profits under the general regime (there are regimes for smaller companies) | Art. 55, Income Tax Law |
| Dividends to foreign shareholders | 5% withholding, whether the shareholder is an individual or a company | Arts. 54 and 56, Income Tax Law |
| Payments to companies in low or no-tax jurisdictions | As a rule, not deductible as expenses (except loans, insurance, ship or aircraft leases, international freight and Panama Canal transit, at arm's length) | Art. 44(m), Income Tax Law, and Annex 1 of its Regulations |
| Double taxation treaties | Peru has few: Chile, Canada, Brazil, Mexico, South Korea, Switzerland, Portugal, Japan and the Andean Community countries | List published by the Ministry of Economy and Finance |
The list of low or no-tax countries and territories is in Annex 1 of the Income Tax Law Regulations and is published by SUNAT. Check it before deciding from which country or company you will invest.
The company's tax regime depends on its income and activity, and is chosen when the RUC is activated. If the shareholders, or the company you will do business with, are in a listed jurisdiction, design the structure with that in mind from the start: changing it later costs more.
The mistakes that most delay a remote incorporation
- 1A power of attorney without the exact authorities
If it does not say incorporate, subscribe shares, appoint the manager and correct registry objections, the registry rejects it and you have to sign again in your country.
- 2A translation made by anyone
It has to be official: by a sworn public translator or a certified member of the Peruvian translators' association.
- 3Old or non-apostilled documents of the corporate shareholder
Request them first: they depend on another jurisdiction and take the longest.
- 4Not reserving the name
While the power is on its way, another company can take the name you chose. The reservation holds it for 30 business days.
- 5A representative who cannot be registered with SUNAT
Without a Peruvian ID, a foreigner's card or a visa allowing income-generating activities, there is no one to activate the RUC.
- 6A tax address that is not real
If SUNAT cannot find the company, it flags it as «no habido», and the problem shifts to the legal representative.
How long it takes and how much it costs
The timeline is set, above all, by what happens in your country: getting the appointment with the notary or the consulate, the apostille and sending the original. In Peru, the notary and SUNARP move quickly when the documents arrive complete; if the registrar raises an objection, it must be corrected and the timeline gets longer. The bank account depends on each bank's review.
SUNARP fees and notary costs are indicative and vary by notary and by capital. Our fees are quoted case by case, depending on the number of shareholders and the support you need, and we give you a fixed quote before we start.
Setting up from abroad?
We send you the list of documents and the text of the power of attorney ready to sign in your country, and we coordinate in Peru the name reservation, the notary, SUNARP and the tax ID.
Email usAre you a law firm or consultancy abroad?
We work as a local partner for your clients: full remote incorporation, attorney-in-fact for the signing, and the tax ID and beneficial owner filings. Send us the case and we will reply with the requirements and a quote.
contacto@legaliapro.com.peLegal basis of this guide
This guide relies on the following rules, checked as of September 2026:
- Law 26887, General Companies Law. Article 4 (at least two shareholders, individuals or legal entities); article 20 (company domicile); article 52 (capital fully subscribed and each share paid in at least one quarter); articles 188 and 190 (powers and liability of the manager); articles 396 and 403 (branches and their permanent legal representative).
- Legislative Decree 1409. The simplified closely held corporation (SACS) only accepts individuals as shareholders.
- Legislative Decree 1049, Notaries Law. Notarial functions of Peruvian consuls abroad.
- Hague Apostille Convention, to which Peru is a party, and SUNARP registry rules on documents issued abroad: apostille or consular legalization, and official translation into Spanish.
- Tax Code. Article 11 (tax address) and article 16 (joint liability of legal representatives when taxes go unpaid due to willful misconduct, gross negligence or abuse of authority; presumed, among other cases, when the company is «no habido» —item 2— or does not file the beneficial owner return —item 12—).
- Legislative Decree 1372 and Supreme Decree 003-2019-EF. Beneficial owner: 10% of the capital, control by other means or, failing that, whoever holds the management or board. Deadlines under SUNAT Resolution 000168-2025/SUNAT.
- SUNAT guidance on legal representatives. A foreign legal representative must hold a foreigner's card or a passport with a visa allowing income-generating activities of Peruvian source, unless a treaty exempts them.
- Income Tax Law. Article 55 (29.5% for domiciled companies); articles 54 and 56 (5% on dividends to non-domiciled individuals and legal entities); article 44(m) (non-deductible expenses from transactions with parties in non-cooperative or low or no-tax countries or territories). Annex 1 of the Regulations, per Supreme Decree 340-2018-EF (list of those countries and territories).
- Law 29038, article 3, as amended by Legislative Decree 1249. Lawyers who create, manage or reorganize legal entities on behalf of third parties are obliged to report to Peru's Financial Intelligence Unit (UIF-Perú).
Reference information updated as of September 2026. Every case is different; this guide does not replace an assessment of your specific situation.