INSTRUCTIONS FOR INCORPORATION OF S.A.
The
“Sociedad Anónima” (S.A.) must be incorporated
by at least two persons, who must be present before a
Costa Rican Notary Public to do so, and must sign the
incorporation deed in the Notary's Protocole Book. For
the incorporators we need to have their full names, passport
numbers, marital status (i.e. single, married once, married
twice, divorced once, widow, etc.), place of residence
and occupation, we also need to receive by fax ([011][506]2047872
a copy of their passports.
The
corporation must be provided with a Board of Directors
of a minimum of three people (President, Secretary and
Treasurer) and with a Comptroller. These
positions must be occupied by four different people, for
which we must have full names, social security or passport
numbers, marital status (i.e. single, married once, married
twice, divorced once, widow, etc.), place of residence
and occupation. The incorporators may occupy, each one
of them, one of those positions, which the exception of
the one of the Comptroller. We also need to receive by
fax ([011][506]2047872 a copy of their passports.
There
must also be a decision on which members of the Board
of Directors will be the legal representatives
(individuals with powers of attorney to sign for the company);
these powers are normally at least given to the President.
The power(s) of attorney may be limited up to a certain
amount or to certain actions (i.e. one may require an
authorization of the shareholders to sell or encumber
land), or one may require the joint action of two of the
representatives for some actions or for transactions of
more than a certain amount.
A
name must also be chosen. Such name can
be in any language; and must not be similar to any existing
corporate name (a Register search must be performed in
order to verify if there is no similar name already registered).
The name may be a word with no meaning in any language.
We suggest to provide us with several name options in
order of priority to research them.
Finally,
the incorporation capital must be determined
(which we suggest to set at a minimum amount of ten thousand
colones); and the number of shares (since
individual shares cannot be divided, it must be a number
big enough to accommodate any transfer or distribution
of shares you may encounter in the near future: we normally
use 100 shares, but it could also be 1.000 or even more).
All
these appointments and characteristics may be changed
at any time by a shareholders meeting, in the event there
is a need to modify the company's By-Laws according to
new needs or requirements.