Feeling overwhelmed by the maze of corporate compliance in Peru? You’re not alone. For international entrepreneurs and digital nomads, navigating the legal landscape—especially when it comes to the misuse of corporate assets—can feel like a minefield. In 2025, understanding the precise boundaries of what’s allowed (and what’s not) is more crucial than ever, especially if you’re optimizing your business structure to minimize state interference and maximize operational freedom. Let’s break down the Peruvian legal framework with clarity, actionable steps, and a libertarian-friendly perspective.
Legal Framework: Misuse of Corporate Assets in Peru (2025)
Peru takes the misuse of corporate assets seriously, with clear criminal liability for those who cross the line. The Peruvian Penal Code outlines several key articles that directly address this issue:
| Legal Reference | Offense | Key Details |
|---|---|---|
| Artículo 198 | Illicit Appropriation | Using company assets for personal gain can be prosecuted, even if there’s no direct harm to third parties. |
| Artículo 198-A | Fraudulent Administration | Applies to administrators or sole shareholders who misuse assets, focusing on intent and damage to company wealth. |
| Artículo 190 | Fraud | Broader fraud provisions may apply if asset misuse involves deception or breach of trust. |
What Counts as Misuse?
According to the 2025 legal framework, misuse of corporate assets in Peru includes:
- Personal use of company funds or property by directors, administrators, or sole shareholders.
- Actions that constitute illicit appropriation or fraudulent administration, regardless of whether third parties are harmed.
- Situations where intent and actual damage to the company’s assets are key factors in prosecution.
Mini Case Study: The Sole Shareholder Dilemma
Imagine you’re the sole shareholder and administrator of your Peruvian company. You decide to use company funds to purchase a personal vehicle. Even if no one else is directly harmed, Peruvian law (as of 2025) could still consider this illicit appropriation or fraudulent administration, depending on your intent and the impact on the company’s assets. This is a stark contrast to some jurisdictions where sole ownership offers more leeway.
Pro Tips: How to Avoid Legal Pitfalls in 2025
- Separate Personal and Corporate Finances
Pro Tip: Always use distinct bank accounts and never mix personal expenses with company funds. Document every transaction with clear business justification. - Maintain Transparent Records
Pro Tip: Keep meticulous records of all asset usage. If you must use a company asset for personal reasons, ensure it’s properly documented and, if possible, reimbursed at market value. - Understand Intent and Impact
Pro Tip: Peruvian law in 2025 focuses on your intent and the damage to company assets. If in doubt, consult a local legal expert before making any asset-related decisions.
Key Takeaways for Digital Nomads and Entrepreneurs
- Peru enforces strict criminal liability for misuse of corporate assets under Articles 198, 198-A, and 190 of the Penal Code.
- Even sole shareholders and administrators can be prosecuted if they use company assets for personal benefit.
- Intent and actual damage to company assets are decisive factors in legal proceedings.
- Maintaining clear separation between personal and corporate finances is essential for compliance and risk mitigation.
For further reading on Peruvian corporate law, consult the official Peruvian Congress Legal Database (in Spanish). Staying informed and proactive is the best way to safeguard your business—and your freedom—in 2025.