Newsflash Guatemala | Constitutional Court Confirms Obligation to Report Beneficial Ownership before the General Registry of State Procurement (RGAE)

The Constitutional Court of Guatemala declared inadmissible the action of unconstitutionality filed against provisions of Government Agreement 133-2024. With this ruling, the obligation to identify the beneficial owner remains in force for all individuals and legal entities seeking to register, update, or remain in the General Registry of State Procurement (RGAE). As a result, the provisional suspension granted during the proceedings is lifted, and the obligation to disclose ownership and control structures becomes applicable again. In practice, this means that authorities remain empowered to require clear information regarding:

• Ownership structure
• Shareholders
• Natural persons who exercise ultimate effective control

This criterion reinforces the standard of corporate transparency and scrutiny in public procurement in Guatemala. For companies supplying the State, having updated and traceable information regarding their corporate structure is no longer optional, but a determining factor for participation in public processes. At BLP, we closely monitor these regulatory developments to advise our clients on regulatory compliance and the management of legal risks in their operations. For more information, please contact us at [email protected].