I am in the process of starting my own business. I will give a resume of the steps to take.
I decided to start a business with the SAC type ( Sociedad Anonima Cerada ) for basically two reasons:
The business basically is my own business, so I could have started a EIRL ( Empresa Individual Responsabilidad Limitada ), but I heard rumours that in case all goes wrong, you are supposed to be limited in responsibility up to the amount of the capital you started with ( They cannot go after your personal assets, as the business is not a ‘Persona Natural’ ). But supposedly the reality is that in case all goes wrong, they WILL go after your Persona Natural.
With a SAC, they will in the case all goes wrong, really only go against the SAC ( the money invested in it, but not the money of the individual socios ( members )
A second reason to choose for a SAC, is that it ‘looks’ more professional, for your customers..
OK, so how to create a SAC from nothing.
You need a minuta, a escritura and a registration in the registros publicos. The easiest, cheapest and fastest way is to do all this in a Notario.
- Go to registros publicos (SUNARP), ( located in Lince, in front of the Rebagliati hospital ) and do a search for an appropriate name ( My business SAC ). You can do several searches at the same time, each search costs S/. 4. There is a counter when you enter where you get all the forms, necessary, ask for ‘buscueda for persona juridica’ ( and the number of searches you need )
- Get a ticket for the line for the caja, and pay the S/. per buscueda
- Wait one hour, and pick up the result on the second floor
- Lets assume you can claim ‘My business SAC’
- Get the form ‘Reserva de nombre’ You will get two papers, fill them out, and go to 'Pre-liquidacion', your paperwork gets stamped and now get another ticket for caja. Pay S/. 16 for the Reserva de nombre. Bring a photocopy of your document ( Carnet de Extranjeria, or DNI )
- Wait 7 days, and go back to pick up the ‘Reserva de nombre’ in Mesa de Partes, which is to your left when you enter.
- With this document you have 30 days to actually register the name ‘My business SAC’. Proceed going to a Notario with the following documents
- The reserva de nombre, copy of your document , copy of the document of your socio. Ask the lawyer (abogado) of the notario to prepare the minuta, you will need to tell them with what capital you start ( can be cash, or property, even goods, but I choose cash, as it is the easiest ), who are the socios, how are the stocks divided ( In my case 99.95 % is mine, 0.05% is of my socio ), and most importantly to what ‘My business SAC’ is going to dedicate its business to. Be as extensive as possible, because your business can only sell or do whatever you specify now. And who is the Gerente General, and what can he sign for.
- The minuta is prepared, and signed by the socios ( in our case it was send by email, I revised it, signed it together with the socio ) and go to the notario. The lawyer signs it also. You need three originals of this, or two originals and have the notario make a certified copy.
- With the minuta you go to a bank, to open a bank account ( a cuenta corriente ). I assume the Gerente General can sign with one signature all checks and operations. If your minuta says that from a certain amount also the signature from another person ( an ‘Apoderado’ ) is needed, that is also possible.
- After opening the account, deposit the money as specified as your starting capital in the minuta.
- With the deposit voucher go back to the notario.
- Now the notario prepares the ‘Escritura’ based on the ‘Minuta’ and your deposit voucher. He will tell when the socios can come to sign the ‘Escritura’ ( In my case, I went with the voucher, and my socio, and waited 20 minutes )
- After signing, the notario will proceed in registering the paperwork in Registros Publicos. This takes like 4 days. The cost for the notario was S/. 550, which included the Minuta, Escitura, and registration in Registros Publicos.
- After the 4 days, the notario will give you a ‘Testimonio’ which is the ‘Escritura’ and the proof of registration in Registros Publicos. Make a certified copy of the ‘Escritura’
- Go to Registros Publicos, and get a Certified copy of your inscription in the Registros Publicos.
- Go to SUNAT ( tax office ) and get your RUC, with the following documents: two copies of your document, the Testimonio, The certified copy of registros publicos, a bill of water, electricity, cable, or phone, and copies of all these documents. Ask also for Clave SOL. This will give you online access to their system, to change things, your accountant will need it. They will send to your business address a paper to verify your address. You are supposed to be able to register it with your Clave SOL, but the system didn't proceed. I had to go to the SUNAT office again, where they stamped the paper and put my RUC on 'HABIDO', which means it is all ready to go.
- You will get a RUC, in which you select in which areas the business is going to operate. You will need to choose in which ‘Regimen’ you will be. The most extensive is Regimen General, ( which I choose ), also there is a Regimen Especial, but you pay taxes over your sells, not over your profit.
- Take a copy of your RUC certificate.
- Go to your bank, and finish the opening of your account, with the following documents: Certified copy of Escritura, certified copy of Registros Publicos ( In Sunat, they just need to see the original, they keep a copy, in the bank they want your original.. ) Ruc certificate, they keep a copy. They return your original Minuta which you left in their possession in one of the previous steps.
- Now it is time to get your ‘Libros Contables’ You will need ten of them ( if you choose to be in the Regimen General ). You can use books, or loose papers, the loose papers can be printed, the book need to be filled out manually. I choose the loose papers, as I hate to write manually, and also I project to have many sales, so to write down in detail every factura and boleta seems to problematic .. Libro de Actas and Libro de Planilla, are books, the rest is papers. 300 papers per book costs S/. 17 per libro, + S/.12 to number the papers.
- Go to Ministerio de Trabajo to legalize the Libro de Planilla.
- After SUNAT has verified your address, your RUC will be fully habilitated, and you can have your Facturas and Boletas printed. Prices vary, but in general the larger the quantity the cheaper it gets..
- Now you can start selling ..
It might look like a long list, but in reality it is not so hard. Total costs to start the business:
Reserva de nombre: S/. 4 + S/. 16
Minuta, Escritura, Registros Publicos: S/. 550
Certified copy Registros publicos: S/. 12
Certified copy Escritura : S/. 19
Libros Contables: S/. 300
Facturas(1000), boletas(1000), nota de credito(100), nota de debito(100) S/. 220 ( Facturas and boletas in 'papel Quimico')
Total costs including transport S/. 1200
Time needed: 3 weeks
Last edited by ducado
on Sat Jun 07, 2008 7:23 pm, edited 3 times in total.