Types of Companies in Guatemala (2026): S.A., S.R.L. & More

The most common types of companies in Guatemala for foreign investors are the Sociedad Anónima (S.A.) and the Sociedad de Responsabilidad Limitada (S.R.L.). Local founders also use the online Sociedad de Emprendimiento (S.E.), and foreign companies can open a branch. All of them register with the Registro Mercantil General de la República under the Código de Comercio (Decreto 2-70). For the full step-by-step process, see how to form a company in Guatemala.

1. Sociedad Anónima (S.A.), recommended for foreign founders

• At least two shareholders, who can be individuals or companies of any nationality
• Initial paid-in capital of at least Q200 (Código de Comercio art. 90, as amended by Decreto 18-2017). Each shareholder pays at least 25% of the nominal value of every share they subscribe (art. 89)
• Cash contributions above Q2,000 must be deposited in a bank account in the company’s name (art. 92)
• Run by a sole administrator or a board. Appointments last up to three years and can be renewed (art. 162)
• The name ends in “Sociedad Anónima” or “S.A.”
• Shareholders’ liability is limited to their contributions

Not anonymous: despite the name, an S.A. must keep an authorized shareholder register with each shareholder’s nationality, ID and address, and must notify the Registro Mercantil of every share transfer within 10 business days. Every administrator and manager must also be registered. That information is confidential and shared only with the Superintendencia de Bancos and the Ministerio Público (Decreto 15-2026, in force since mid-September 2026).

Best for: most foreign-owned operating companies, and any company that plans to bring in investors.

2. Sociedad de Responsabilidad Limitada (S.R.L.)

• At least two and up to 20 partners (arts. 78–79)
• Capital is divided into contributions (aportaciones), which cannot be issued as shares (art. 78)
• Capital must be fully paid in before the deed is signed (art. 81)
• The name includes “Limitada” or “Ltda.” (art. 80)
• Partners’ liability is limited to their contributions

Best for: closely held companies with a small, stable group of partners.

3. Sociedad de Emprendimiento (S.E.)

A simplified company created by the Ley de Fortalecimiento al Emprendimiento (Decreto 20-2018). It is formed by one or more individuals through the Registro Mercantil’s online system, with advanced electronic signatures and no public deed. Annual income is capped at Q5,000,000, and a company that exceeds the cap must convert to another type within six months. Ask us whether it fits your plans.

4. Partnerships

The sociedad colectiva (general partnership) and the sociedad en comandita (limited partnership, simple or by shares) also exist. In a sociedad colectiva, all partners are jointly and unlimitedly liable for the company’s debts. In a sociedad en comandita, only the general partners are. Foreign investors rarely use them.

5. Branch of a foreign company

• Authorized and registered by the Registro Mercantil (Código de Comercio art. 352)
• Requires capital assigned to its operations in Guatemala and a bond of at least the quetzal equivalent of USD 50,000, set by the registry and kept in force while the branch operates (art. 215)
• Requires a local agent (mandatario) with broad powers to represent the company
• Foreign documents must be submitted in notarized (protocolized) form
• The authorization lapses if the branch doesn’t start operating within one year of registration (art. 355)

Obligations every company shares

• NIT assigned through the Registro Mercantil, plus RTU activation at the SAT before invoicing
• A choice of income tax regime: 25% on profits, or 5% of monthly income up to Q30,000 and 7% above that
• IVA (VAT) at 12%, filed monthly, with electronic invoicing (FEL)
• Accounting books authorized at registration, and at least 5% of net profit set aside each year as a legal reserve (the S.E. is exempt from the reserve)
• A physical registered address in Guatemala

More detail: tax ID (NIT) in Guatemala and accounting and tax in Guatemala.

Which one should you choose?

For most foreign founders we recommend the S.A.. Easyco reviews your ownership, activity and tax regime before confirming the structure. Contact us for a quote.