This article provides a clear overview of the legal policies regarding misuse of corporate assets in Peru, including criminal liability for directors and managers, as established by current Peruvian law as of 2025.
Legal Framework for Misuse of Corporate Assets in Peru
Peruvian corporate governance imposes explicit criminal liability for misuse of company assets. The key statutes governing this area are outlined in the Peruvian Penal Code, with specific references to illicit appropriation, fraudulent administration, and fraud. Individuals engaged in company management—such as statutory directors, single shareholders, or administrators—are subject to regulation even in the absence of direct harm to third parties. The determining factors are the intent of the parties involved and whether the company’s assets have been damaged.
Relevant Provisions: Penal Code References
| Legal Basis | Description |
|---|---|
| Artículo 198 (Apropiación Ilícita) | Addresses criminal appropriation of assets, including corporate assets, for personal use. |
| Artículo 198-A (Administración Fraudulenta) | Governs fraudulent management of business assets, imposing liability for administrators who misuse company property. |
| Artículo 190 (Estafa) | Covers fraud in the management of assets, which includes scenarios where company goods are used for personal gain. |
Scope of Criminal Liability (2025)
According to the Extracted Data, criminal liability applies if a manager or sole shareholder misuses company assets for personal gain. This remains true even if third parties are not directly harmed, as long as there is demonstrable illicit appropriation or fraudulent administration and detriment to the corporate estate. Understanding both intent and the resulting harm to company property is central to prosecutions under these statutes.
Key Regulatory Points for Professionals
- Criminal Offense Coverage: Misuse of corporate assets is expressly a criminal offense under Peruvian law (2025).
- Intent and Harm: Liability does not require a third party’s loss—damage to the company’s patrimony and the administrator’s intent are key.
- Applicability: These provisions apply to administrators, statutory directors, and sole shareholders exercising management functions.
Table: Criminal Liability for Misuse of Corporate Assets in Peru (2025)
| Aspect | Status/Description (2025) |
|---|---|
| Criminal liability for misuse | Yes (explicitly established in Articles 198, 198-A, and 190) |
| Relevant Law References | Artículo 198 (Illicit Appropriation) Artículo 198-A (Fraudulent Administration) Artículo 190 (Fraud) |
| Threshold for Offense | Determined by administrator’s intent and damage to corporate assets; third-party harm not required |
| Individuals Covered | Administrators, sole shareholders acting as administrators, statutory directors |
Pro Tips: Avoiding Misuse of Corporate Assets in Peru
- Ensure clear segregation of personal and company funds—avoid using company accounts for personal expenses under any circumstances.
- Maintain comprehensive and up-to-date records of company transactions, particularly asset management and expenditures.
- Review your company’s internal policies on asset use in light of current Peruvian penal code provisions and update compliance programs accordingly.
- If you serve as a sole shareholder and administrator, consult local compliance professionals regarding risk areas to mitigate unintentional breaches.
Official Source
For authoritative information, visit the official Peruvian government portal.
In summary, Peru’s legal framework in 2025 makes it clear that misuse of corporate assets—whether through appropriation, fraudulent administration, or fraud—is subject to criminal liability, regardless of third-party involvement. Intent and demonstrable harm to the company are the primary criteria for prosecution. For business owners and administrators operating in Peru, robust internal controls and a precise understanding of these applicable statutes are essential to ensure compliance and prevent legal risk.