Ecuador Investor Visa: Can Foreign Stocks Qualify for Títulos de Inversión?
Confused about 'títulos de inversión' for Ecuador's Investor Visa? Learn what qualifies: company shares, productive real estate, or CDs, and the exact legal ste
Can I Use Stocks for an Ecuadorian Investor Visa? Decoding the "Títulos de Inversión" Clause
The answer is a clear but nuanced no. You cannot simply transfer your Charles Schwab or Fidelity portfolio to an Ecuadorian entity and qualify. The law demands that capital be actively and demonstrably invested within the Ecuadorian economy.
This article provides an authoritative breakdown of what the Ley Orgánica de Movilidad Humana (LOMH) actually requires, what qualifies as a legitimate investment, and the critical, non-obvious steps you must take to succeed.
The Legal Framework: Understanding "Títulos de Inversión"
The legal basis for the investor visa is found in the Ley Orgánica de Movilidad Humana (LOMH). Specifically, Artículo 60, numeral 8 defines an "inversionista" as someone who has assets and capital in Ecuador for productive or commercial activities according to law.
The term "títulos de inversión" (investment securities) in this context is not meant to include your foreign-held stocks or bonds. Instead, it refers to financial instruments within Ecuador that prove your capital is at work here. The Ministry of Foreign Affairs (Cancillería) is looking for an investment that is:
- Productive: It generates economic activity, creates local employment, or contributes to a specific sector.
- Verifiable: The source of funds is legal and traceable via the Ecuadorian financial system.
- Tangible: The investment exists within a registered Ecuadorian entity or asset.
Simply holding a portfolio of Apple and Google stocks in a US brokerage account does not meet these criteria because that capital is not active within Ecuador's economy.
What Investments Do Qualify for the Investor Visa?
The primary and most successful pathway is to liquidate your foreign assets (like stocks and bonds) and transfer the capital to Ecuador to fund one of the following.
1. Investment in an Ecuadorian Company (The Standard Route)
This is the most common and clear-cut method. It involves using your capital to either form a new Ecuadorian company or purchase shares in an existing one.
- Capital Requirement: The minimum investment is legally set at 100 Salarios Básicos Unificados (SBU), which is the national basic monthly wage. For 2024, the SBU is $460, making the minimum investment $46,000 USD. This amount must be fully paid into the company's capital.
- Hyper-Specific Detail #1: A critical, often-missed step is the registration of the company's legal representative (nombramiento del representante legal) with the Superintendencia de Compañías, Valores y Seguros (SuperCIAS). Your visa application will be rejected if this registration is not finalized and publicly viewable in their system before you apply. The process is not instantaneous and can take several weeks.
- The "Títulos de Inversión" Link: In this scenario, your qualifying "títulos" are the official share certificates (títulos de acciones) issued by your new Ecuadorian company, which prove your ownership and capital contribution.
2. Investment in Real Estate (with a Productive Purpose)
Purchasing real estate can qualify, but only if it's for a commercial or productive activity. Buying a personal home does not count for the Investor visa category.
- Examples: Buying land for an agricultural project, a building to operate as a hotel or commercial rental space, or a property for a manufacturing facility.
- Documentation: You will need the registered public deed (escritura pública de compraventa) showing the purchase price meets or exceeds the minimum investment threshold, along with a detailed business plan for the property's productive use.
3. Investment in a Certificate of Deposit (CD)
This is a more passive but highly accepted route.
- Requirement: You can invest the required minimum amount (currently $46,000 USD) in a Certificate of Deposit (póliza de acumulación or certificado de depósito a plazo fijo) at an Ecuadorian bank or cooperative.
- Term: The CD must have a minimum term, typically 730 days (2 years), as stipulated by the regulations.
- Hyper-Specific Detail #2: The official document you will submit is not just the bank statement. You need the "Certificado de Inversión" issued by the financial institution, which must explicitly state that the investment is "intransferible" (non-transferable) for the visa application period. This specific wording is key.
Step-by-Step Guide for the Investor Visa Process
Step 1: Liquidate Assets and Transfer Funds
Sell your foreign stocks or bonds. Document the sale and execute a wire transfer to your newly opened Ecuadorian bank account. The paper trail proving the legal origin of funds is non-negotiable.
Step 2: Make Your Investment
Form your company and deposit the capital, purchase the qualifying real estate, or open the required CD. Obtain all official registration documents (SuperCIAS registration, escritura, or bank certificate).
Step 3: Gather Visa Documentation
This is where precision is paramount.
- Passport: Valid for at least six months.
- Visa Application Form (Formulario de Solicitud de Visa): Completed online.
- Criminal Background Check: A nationwide check from every country you have been a citizen of or resided in for the past five years. It must be apostilled (or legalized) in its country of origin and then translated by a certified translator in Ecuador.
- Proof of Investment: This is the core of your application. It could be the SuperCIAS documents, the notarized escritura, or the bank's Certificado de Inversión.
- Proof of Lawful Entry: A copy of your passport page with your last entry stamp to Ecuador.
- Hyper-Specific Detail #3 (Fees): Be prepared for the government fees, which are non-refundable. As of late 2023/early 2024, the costs are $50 for the visa application (solicitud) and an additional $400 for the visa issuance (expedición) upon approval. These are paid directly to the Ministry.
Step 4: Submit the Application
The process begins online through the official government portal, the GAC (Gestión de Atención a la Ciudadanía) system of the Cancillería. You upload all your scanned documents for pre-review. Once approved online, you will attend an in-person appointment to present the original documents.
Step 5: Visa Approval and Cédula Order
Once your visa is approved and affixed to your passport, your work is not done.
- Hyper-Specific Detail #4 (The Critical Next Step): You have 30 days from the date your visa is issued to go to a Coordinación Zonal office of the Ministry of Foreign Affairs to obtain your
orden de cedulación. This is the official order authorizing the Civil Registry to issue your ID card. Many expats mistakenly go directly to the Registro Civil, only to be turned away. This order is a mandatory, separate document, and failing to get it in time creates significant problems. For example, in Cuenca, you obtain this order at the Ministry office on Avenida Ordóñez Lasso before you can even make an appointment at the main Registro Civil on Av. Remigio Crespo.
⚠️ Legal Alert: When to Stop and Hire an Attorney
You must stop and consult with a qualified Ecuadorian immigration attorney immediately if:
- You are purchasing an existing business and need to perform due diligence on its legal and tax standing.
- Your investment involves complex corporate structures, multiple partners, or foreign holding companies.
- The source of your investment funds is complex (e.g., from a trust, inheritance, or multiple international sales).
- You receive a "subsanación" notice from the Ministry, which is a formal request for clarification or correction of your application, and you do not understand exactly what is required.
Conclusion: A Pathway of Productive Investment
The "títulos de inversión" clause in Ecuador's immigration law is a directive, not a direct entry pass for your foreign stock portfolio. It guides investors toward making a tangible, verifiable contribution to the nation's economy. The capital from your stocks and bonds is the key, but it must be unlocked and put to work within Ecuador's borders through a registered company, a productive real estate project, or a qualifying financial instrument.
By understanding the law's true intent, preparing meticulous documentation, and navigating the specific local procedures, your investment can become the successful foundation for your new life in Ecuador.
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