In order to help you,
the visitor, find your answers quickly, we provide a list of Frequently
Asked Questions. Here you can find quick answers about what we do,
and other common questions.
What Is an Offshore Corporation?
A corporation is an entity recognized by law as a separate "person"
with limited liability. A corporation has the option to sell shares,
the right to sue and be sued, and has perpetual existence.
How Are Offshore Corporations Used?
Offshore corporations may be used to own and operate businesses,
issue shares, bonds or otherwise raise capital, guarantee obligations,
hire employees, buy goods and services, sell goods and services,
make contracts, rent office space, maintain checking and saving
accounts, and maintain retirement plans for employees. Although
most offshore corporations are private and closely held, some are
publicly traded on major stock exchanges.
What Are Articles of Incorporation?
The Articles of Incorporation is the document which establishes
the corporation and contains basic information such as the name,
share structure, and purpose of the corporation.
What Are By-Laws?
The By-laws, or in some jurisdictions "Articles of Association",
are rules the corporation creates for its shareholders, officers,
and directors. By-laws are adopted by the Board of Directors as
one of the first organizational steps in setting up a corporation.
Upon instruction, we can adopt a standard set of By-laws for a new
corporation. Unlike Articles of Association, By-laws are usually
maintained internally but may be publicly filed if requested.
What Does a Corporate Search Reveal?
A corporate search will reveal the name of the corporation, the
date of existence, amendments, and any other publicly filed document.
For instance under Nevisian law (one of our favourite jurisdictions),
there is no requirement that the names of corporate officers, directors
or shareholders be filed in any public registry. Such information,
therefore, remains confidential. The requirements under Panama law
are a little different which is solved through the use of nominees
as directors and shareholders.
What Are Bearer Shares?
Bearer share certificates do not indicate the name of the owner.
The certificate is endorsed in blank such that the person having
physical possession of the document is the owner. Bearer shares
facilitate the transfer of assets because transfer of ownership
is accomplished simply by the transfer of the certificate. As a
rule, we do not advise the use of bearer shares because of its negative
connotation in the eyes of judges and lawmakers.
What Are Registered Shares?
Registered share certificates indicate the name of the owner on
the document. As a rule we use the Panamanian Foundation to be the
owner of the share certificates in a majority of the incorporations
that we do. The name of the shareholder is also recorded in the
internal corporate records of the company. Although the registered
owner is recorded in the corporation's internal records, no public
registry of shareholders is maintained. The share registry is an
internal corporate document available only to directors, officers
and shareholders, under conditions specified in the jurisdiction's
corporate statute.
What Are Shelf Companies?
Shelf Companies are ready-made, never used corporations that have
been created to meet a client's immediate needs.
What Is a Registered Agent?
A Registered Agent is required to ensure that the corporation has
an assigned representative at a known address to receive all service
of process (legal notices) on its behalf. The Registered Agent forwards
these documents to the address of record of the corporation.
Isn't Moving Assets Offshore Illegal?
There is nothing illegal about moving assets offshore. It is when
you move the assets into accounts offshore and do not declare their
existence to the tax authorities that you break the law. Any assets
over which you have control, domestic or offshore, are probably
liable to taxes in your home jurisdiction.
Why Should I Move Offshore?
Moving some of your assets offshore provides you access to modern
(and ancient) methods of protecting your assets and reducing your
taxes using international corporations and foundations.
What Is Asset Protection?
Asset Protection is a term used to describe the concept of legally
transferring your assets into a legal entity which will protect
them from attack by frivolous litigation, seizure from government,
attack from an estranged spouse - in fact anything which may threaten
your hard earned wealth.
If I Must Declare My Offshore Assets, How Can I Use an Offshore
Plan to Legitimately Reduce My Taxes?
Taxes must be paid on profits made on assets under your legal ownership.
By the use of certain offshore entities, which vary according to
your home jurisdiction, a certain proportion of your assets will
no longer bear taxes at the same rate.
A Friend Said That Offshore Asset Protection Is Immoral, What Are
Your Views on That?
Some people are quite happy to stay in a system which allows vultures
to prey on exposed assets. That is their individual choice. There
are other people who prefer to leave the country they love to get
away from the system. Offshore asset protection is somewhere in
between. There is nothing immoral in trying to protect your hard-earned
assets so that you and/or your family can benefit from them later
on. It is the essence of rational self-interest.
If I Open an Offshore Structure, Will This Lead to Tax Authority
Scrutiny?
What we advocate is not illegal; it therefore does not attract undue
attention from the authorities. It is activities like money laundering,
tax evasion and controlled accounts that the tax authorities are
interested in, not law-abiding citizens protecting their assets
and lowering their tax burdens.
Which Is the Best Offshore Center To Use For Asset Protection
and/or Estate Planning?
Most modern tax havens are very alike with respect to their tax
laws and services, although some do offer entities not available
in others. Certain tax havens have developed bad reputations over
the years due to abuse by certain elements of the offshore industry,
but most are quite safe. As with any financial plan, it is usually
best to use a mix of jurisdictions, picking the best from three
or four areas.
Can I Retain Control Over My Money, Possibly Through Investment
or Bank Accounts in My Home Jurisdiction?
Many people would like the 'safety' of an offshore asset protection
structure but would like to keep complete control over the assets,
trading accounts etc. This is possible but gives a direct link to
the assets and will probably lead to any legal structures that were
set up being ignored for both tax and protection purposes. Offshore
asset protection does require you find people you trust to advise
you and take care of finances for you.
How Much Does an Asset Protection Structure Cost?
At Sovereign Management Services S.A. we believe in providing value
for money for our clients. Furthermore, when providing our services,
our focus is on building the quality and value of relationships
with our clients over an extended period of time. Basic asset protection
structures start as low as US$1,500 for an average family, with
annual costs as low as US$500. Of course this cost rises with the
complexity involved and whether or not you are looking to take advantage
of our professional management and account signatory services. This
is why we provide what we call an “Offshore Identity Package”
which is a way of initiating the move to go offshore without a large
initial investment. Additional products and services can be added
to it to enhance it’s usefulness and value.
What Is the Minimum Amount I Should Start With?
That depends on your reasons for going offshore. If it is for asset
protection you should be considering how much you are risking by
not going offshore, namely lawyers fees, time, loss of assets etc.
If it is for tax reasons you should be looking at the annual costs
against how much tax you can save. Our “Offshore Identity
Package” is designed as an absolute minimum, but depending
on your requirements you should take a good look at the more comprehensive
packages and their resulting benefits.
Are There Any Other Advantages to Going Offshore?
Once a structure has been legally created it can be used for international
trade and investment. This opens up a whole new arena that the average
unstructured citizen cannot usually access.
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