Background
Nevis and its sister country St Kitts, form the Independent Federation
of St Kitts and Nevis. They are located in the Leeward Islands approximately
1,200 miles southeast of Miami, Florida. Although an independent
two-island nation, they retain many traditions of the British, who
settled and developed them. St Kitts was founded in 1623, it was
the first British Colony in the Caribbean. Nevis was considered
"the richest jewel" of the Caribbean and St Kitts was
known both as the "Mother Colony" and the "cradle"
of the Caribbean.
Admiral Horatio Nelson, arguably Britain's finest naval commander
of all time, married a Nevisan, made Nevis the center of British
naval operations in the Western Hemisphere, and considered it the
most lovely place he'd ever lived. Alexander Hamilton, the first
Secretary of the Treasury of the United States of America, and a
signer of the Declaration of Independence and participant in the
drafting of the U.S. Constitution, was born in Charlestown, the
current capital of Nevis.
Miles of beaches facing onto aquamarine and turquoise seas encircle
the island. The natural beauty of Nevis is breathtaking. Tourism
is a major revenue source and the Nevis Four Seasons Resort has
recently been rated the Number One Resort in the world for the third
straight year in a row.
Nevis was sighted by Christopher Columbus in 1493 and settled by
the British in 1623. Even today, cricket is a favorite pastime,
the motorists drive on the left, and the official language is English.
Formerly one of the West Indies Associated States, it became an
independent state within the British Commonwealth in 1983. Nevis
is a democracy based on the British parliamentary system and has
an elected local assembly.
The legal system is based on English common law, served by a high
court of justice and court of appeals. A Nevis offshore company
is known as an International Business Corporation ("IBC")
and although formed in a British Commonwealth country, corporate
structure is based on the USA State of Delaware model.
The East Caribbean dollar is the official currency although U.S.
dollars are accepted anywhere. The East Caribbean dollar is fixed
to the United States dollar at EC $2.70 per US $1.00 and therefore
a stable rate of exchange has been in force for many years. Nevis
banks allow for accounts to be held in either U.S. or Caribbean
dollars.
Nevis offers excellent communication facilities with direct dialing
to Europe, the U.S. and Canada. Cable and Wireless operates the
local telephone company and now provides ADSL internet service.
Nevis offshore companies are exempt from Nevis taxes on all income,
dividends or distributions not earned on the island. Indeed the
government collects no income taxes but relies primarily on indirect
taxes and import duties.
A low-key economic promotional program authorized by the 1984 "Citizenship
Act" offers nationality and a passport in return for a $200,000
investment, usually the purchase price of a seaside condominium
and certain "fees." Citizenship for the investor and spouse
are included in the deal. (A less expensive route to citizenship
is marriage, since St. Kitts & Nevis is one of the few countries
that gives instant citizenship upon marriage to a spouse of either
sex.)
The Nevis Business Corporation Ordinance
A Nevis offshore company is called an International Business Corporation
or "IBC" and it is TAX EXEMPT on all income earned from
anywhere in the world accept Nevis island. An IBC need NOT file
annual returns. Corporate records may be kept anywhere in the world
and annual general meetings or meetings of the Board of Directors
are NOT required to be held in Nevis. An IBC has a number of other
very attractive advantages:
1. There are no income taxes, social security taxes, capital gain
taxes, withholding taxes, stamp, or duty taxes.
2. There are no gift, death, estate, dividend, distribution, or
inheritance taxes.
3. No minimum authorized capital; bearer shares permitted.
4. A business license is not required.
5. Officers, directors, and members are not identified.
6. Plaintiff bringing civil suit must post US $25,000 bond.
7. Statute of limitations for civil suits is one year.
The registration process is simple and can be accomplished with
little effort.
A Company may be incorporated to conduct any lawful business and
there is no need to enumerate the particular objects for which the
company is incorporated.
An IBC registered in Nevis is required to maintain a registered
agent at all times. The Minister of Finance licenses trust companies
and registered agents. A Nevis IBC is also required to maintain
a registered office in Nevis. This requirement is easily satisfied
as the legislation permits the office of the registered agent to
act as the office of the company.
The Nevis Business Corporation Ordinance Act was enacted in 1984
and is modeled in large part on USA Delaware corporate statutes.
The legislation is contemporary and user-friendly. It is routinely
updated to ensure that it remains progressive and avant-garde.
On Nevis there are no exchange controls, no tax treaties with
other nations (including the U.S.), and the government will not
exchange tax or other information with any other foreign revenue
service or government. Principal corporate offices and records may
be maintained by Nevis companies anywhere in the world.
The Nevis corporation law is almost unique in that it contains
a very modern legal provision allowing the international portability
or transfer of an existing foreign company from its country of origin
to the island. Known as the "redomiciling provision,"
this allows the smooth and instantaneous transfer of an existing
American, British, Panamanian or any other nation's corporation,
retention of its original name and date of incorporation -- all
without interruption of business activity or corporate existence.
The only requirement is the amendment of existing articles of incorporation
to conform with local laws.
In 1995 Nevis enacted the Limited Liability Company Ordinance,
which provides for the existence of what is sometimes known as a
Limited Duration Company, or LLC, with the added benefit that the
company may be structured in such a way as to be treated as a partnership
under United States tax laws.
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