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Differences Between Accounting Records, Sworn Declarations, and Financial Statements

In Panama’s regulatory system, it is common for the terms Accounting Records, Sworn Declarations, and Financial Statements to be confused. Although all are related to accountability and financial transparency of legal entities, each serves a different purpose and has its own scope and requirements.

– Accounting Records: These consist of all accounting documents and data that show the financial condition of the entity. They must be prepared annually and submitted to the Resident Agent. This is mandatory for all Panamanian legal entities not otherwise exempted by law.

– Sworn Declarations: These are simplified documents allowed only for entities that meet very specific criteria, such as being inactive and holding assets with Panamanian beneficial owners. The goal is to ease compliance in such cases. However, these must be signed by an authorized person, such as a board member, foundation council member, or the beneficial owner.

– Financial Statements: These are formal accounting reports prepared according to accepted accounting principles. They include the balance sheet, income statement, cash flow statement, and explanatory notes. They are more comprehensive and detailed than standard accounting records and typically require preparation by a licensed accountant.

Understanding these distinctions is critical for law and accounting firm clients to ensure proper compliance and to avoid penalties or rejections from the Resident Agent or regulatory authorities.