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Introduction – A bearer bond is similar to a corporation’s bearer shares in that the ownership is based upon who has the physical possession of the actual pieces paper called the bond. Bearer shares represent ownership in a corporation while bearer bonds represent ownership of debt from the bond issuer, which could be a corporation or a government entity. Both are legally considered negotiable instruments because the instrument itself is not titled or registered to any specific entity and can readily be transferred by just handing off the paper which the bond or shares itself are printed on.
Corporate Bearer Bonds – In Guatemala a corporation can issue its own bearer bonds. The Guatemala Corporation can be a Sociedad Anonima, (S.A.) which is a bearer share corporation. In an S.A. the owner’s names are not recorded in any database of public registry and the government itself does not know who owns the corporation. This sort of corporation can issue its own bearer bonds in Guatemala. The bonds can have coupons or not, as the issuer sees fit. If there was going to be any widespread offering of the bonds the corporation would need to be a publicly traded corporation on the Guatemala Stock Exchange which is called Bolsa de Valores Nacional S.A
Guatemala Publicly Traded Corporation Bearer Bonds – To issue such bonds you must first have a publicly traded corporation on the Guatemala Exchange. One can be listed readily enough but this would take six months for the application to go through. A faster and less expensive solution is to buy an already listed corporation on Bolsa de Valores Nacional S.A. This is not as hard as it sounds. It would take 60 days or less to get the control of the corporation lawfully and officially. The cost to accomplish this is often less than $250,000 including the cost of the corporation, filing fees, legal fees and associated expenses. Any issuance of bearer bonds in an amount of $5,000,000 has to be reported to the securities exchange commission and approved by them. This is generally not a complex process and this by no means should be taken to mean that issuances in excess of $5,000,000 are to be avoided since this is not the case at all and amounts in excess of this figure are likely to be approved if the filing is in order and this is a problem for the law firm. Bonds could be denominated in currencies other than USD.
Bearer Share Warrants - The publicly traded corporation itself cannot issue bearer shares but it can issue bearer warrants, which tends to accomplish just about the same thing. A bearer share warrant is a bearer instrument which confers upon its physical unregistered possessor the beneficial interest of the shares it represents in the issued capital of a Guatemala Publicly Traded Corporation. The ownership of the shares is effectually transferred by the physical delivery of the bearer warrant to the new owner or purchaser. That is it in totality thus there is no need to fill out and file any stock transfer forms of any sort to accomplish the transfer lawfully. There is no requirement to enter the details of the holder of the warrant in the company's registers.
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