Libro I · Título I Capítulo I. Disposiciones Generales

Individuals and legal entities that, in accordance with the Civil Code, are able to contract and bind themselves have capacity to be merchants.

When a person under disability acquires a commercial enterprise by inheritance or gift, or when an individual merchant is declared interdicted, the judge shall decide, with the report of an expert, whether the business is to continue or be liquidated and in what form, unless the decedent has provided otherwise, in which case the will shall be respected insofar as it does not offer serious disadvantage in the judge's opinion.

Foreign nationals may carry on commerce and represent legal entities when they have obtained their registration in accordance with the provisions of this Code. In such cases they shall have the same rights and obligations as Guatemalans, except in the cases determined in special laws.

The following are not merchants:

1ºThose who practice a liberal profession.

2ºThose who carry on agricultural, livestock or similar activities as regards the cultivation and transformation of the products of their own enterprise.

3ºArtisans who work only to order or who do not have a warehouse or shop for the sale of their products.

The following, exclusively, are companies organized under commercial form:

1ºThe general partnership.

2ºThe simple limited partnership.

3ºThe limited liability company.

4ºThe public limited company (S.A.).

5ºThe limited partnership by shares.

The husband and the wife who jointly carry on a commercial activity have the status of merchants, unless one of them is an auxiliary of the commercial activities of the other.

Banks, insurers, reinsurers, surety companies, re-surety companies, finance companies, general deposit warehouses, stock exchanges, mutual entities and other similar entities shall be governed, as to their form, organization and operation, by the provisions of this Code insofar as they do not conflict with their special laws and provisions.

Authorization to be incorporated and to operate shall be governed by the special laws applicable to each case.

The State, its decentralized, autonomous or semi-autonomous entities, the municipalities and, in general, any public institutions or entities are not merchants, but they may carry on commercial activities, subject to the provisions of this Code, except as ordered in special laws.