Guatemala

At a glanceRequirements at a glance

Business Registration Required

Yes. Under the Código de Comercio, every commercial business (empresa mercantil) and every commercial company (sociedad mercantil) must be registered in the Registro Mercantil, which issues the business’s commercial licence (patente de comercio).

DGT Cargo Transport Authorization Required

Yes

Yes, where the mover operates its own vehicles on intercity routes. The Ley de Transportes requires prior authorization and registration before any public cargo transport service operates, except urban (within a city) services. The DGT registers each cargo vehicle against the operating company. Where a mover subcontracts the transport, the carrier (the company that owns and drives the truck) holds the registration for the transport it performs, and the mover should use carriers that hold it.

Application Requirements

A written request to the Director General de Transportes on company letterhead; copies of the patente de comercio and Registro Mercantil registration (plus the company’s own patente de sociedad and proof of legal representation for a corporation, or sociedad anónima); an updated tax registration certificate (constancia del Registro Tributario Unificado, or RTU); the vehicle’s ownership title, circulation card and purchase deed; the owner’s or legal representative’s national identity document (DPI); a copy of third-party liability insurance; and a sworn declaration before a notary accepting responsibility for the service and listing the vehicle’s engine number, chassis number and plate.

Vehicles and Drivers

Yes, where the mover operates its own vehicles. Every vehicle on public roads must carry a current circulation card and plate, and every driver must hold a driver’s licence issued by the competent authority. Owners of heavy cargo vehicles must keep a file on each driver they hire.

Social Security

Yes, where the mover has employees. Employers in motorized land transport must register with the Instituto Guatemalteco de Seguridad Social (IGSS) from their first worker. Registration gives workers IGSS coverage for accidents, illness and maternity.

Consumer Protection

Yes. The Ley de Protección al Consumidor y Usuario (Decreto 006-2003) applies to dealings between businesses and consumers in Guatemala. It requires every business to keep a complaint book available to the public and to register standard-form contracts with DIACO.

OverviewOverview & Scope

Guatemala’s Ley de Transportes requires that public cargo transport services operate only with prior authorization and registration, a function carried out today by the DGT within MICIVI. The DGT’s published requirements tie the registration to specific vehicles: the applicant supplies each vehicle’s ownership and circulation documents, proof of third-party liability insurance, and a notarized declaration of responsibility for the service. These obligations attach to the company operating the vehicles. Where a mover subcontracts road transport, the carrier’s own registration covers the transport it performs, and the mover should use carriers that hold it. Urban services are excluded from the national authorization requirement by the same law.

All movers must register their business in the Registro Mercantil, and movers with employees must register with IGSS. On the consumer side, the Ley de Protección al Consumidor y Usuario, administered by DIACO, requires a complaint book (libro de quejas) at every office and branch, and requires businesses that use standard-form contracts to send them to DIACO for approval and registration.

RegistrationRegistration & Compliance Essentials

Company licensing

1. Register the business in the Registro Mercantil and hold its patente de comercio.
2. Hold DGT authorization and registration for cargo transport service (where the mover operates its own vehicles on intercity routes).

Subcontracted transport

3. Where transport or other services are subcontracted, use suppliers that hold the licences and insurance required by law for the work they perform.

Vehicles and drivers (where the mover operates its own vehicles)

4. Keep a current circulation card and plate on every vehicle.
5. Use only drivers who hold a valid driver’s licence.

Insurance and social security

6. Hold third-party liability insurance for each vehicle registered with the DGT.
7. Register with IGSS as an employer once the mover has employees.

Customer practices

8. Keep a complaint book (libro de quejas) available to the public at every office and branch.
9. Send standard-form contracts to DIACO for approval and registration before using them.
10. Ensure consumer-facing practices comply with the Ley de Protección al Consumidor y Usuario.

Records

11. Keep a file on each driver hired for heavy cargo vehicles.

ChecklistCompliance checklist

Company licensing

• Business (empresa mercantil), and the company itself where the mover is a commercial company, registered in the Registro Mercantil, with a current patente de comercio (Código de Comercio, art. 334)Verified by DocumentRequired
• Each cargo vehicle registered and authorized with the DGT for cargo transport service (Ley de Transportes, Decreto 253, art. 2; Acuerdo Gubernativo 135-94)Where applicable (mover operates its own vehicles in intercity service)Verified by DocumentRequired

Subcontracted transport

• Where transport or other services are subcontracted, the mover uses suppliers that hold the licences and insurance required by law for the work they performWhere applicableVerified by AffirmationRequired

Vehicles and drivers (where the mover operates its own vehicles)

• Current circulation card and plate (tarjeta y placa de circulación) held for each vehicle (Ley de Tránsito, Decreto 132-96, arts. 18(a) and 19)Where applicable (mover operates its own vehicles)Verified by DocumentRequired
• Each driver holds a valid driver’s licence issued by the competent authority (Ley de Tránsito, Decreto 132-96, art. 15(a))Where applicable (mover operates its own vehicles)Verified by DocumentRequired

Insurance and social security

• Third-party liability insurance (seguro contra terceros) held for each vehicle registered with the DGTWhere applicable (mover operates its own vehicles registered with the DGT)Verified by DocumentRequired
• Employer registered with IGSS, giving workers coverage that includes the accident (Accidentes) programme (IGSS Junta Directiva Acuerdo 1123, arts. 2 and 3(c))Where applicable (mover has one or more employees)Verified by DocumentRequired

Customer practices

• Complaint book (libro de quejas), or another means authorized by DIACO, kept in a visible place and open to the public at each office and branch (Decreto 006-2003, art. 17)Verified by AffirmationRequired
• Standard-form contracts (contratos de adhesión) sent to DIACO for approval and registration, with the registration resolution referenced in the contract (Decreto 006-2003, art. 52)Where applicable (mover uses standard-form contracts)Verified by DocumentRequired
• Consumer-facing practices comply with the Ley de Protección al Consumidor y Usuario (Decreto 006-2003)Verified by AffirmationRequired

Records

• File kept for each driver hired, holding a legalized copy of the driver’s licence, the national identity document (DPI), a certified birth certificate, a recent photograph and a sworn statement or certificate of residence updated yearly (Decreto 15-2014, art. 2)Where applicable (mover owns cargo vehicles covered by Decreto 15-2014)Verified by DocumentRequired