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When choosing the form of the legal entity that will be opening other
accounts with Sovereign Chartered, you have the following options:
- Individual
- Offshore-based
Limited Liability Company (LLC)
- Offshore-based
International Business Corporation (IBC) combined with an offshore-based
Trust
- Offshore-based
IBC combined with an offshore-based Trust and Professional Third
Party Management.
This
will be a function of the following parameters:
- Firstly,
your country of residence: Depending on your country of residence,
you may need to set up an offshore-based legal entity in order
to be able to take advantage of certain services. For instance,
if you are a citizen or resident of the U.S.A. you need to set
up an offshore-based LLC or an IBC before you can open a term
deposit or other investment account with Sovereign Chartered. Many offshore
mutual funds and other investments are often made not available
to U.S. citizens and residents, so if you plan on diversifying
your investments this will be a must. A cash management/current
account and some of the other basic services, such as credit cards,
are not considered an investment because the funds are available
on demand and only a very modest interest rate is paid. If you
are a resident of other countries however, you don't have to set
up an offshore-based LLC or an IBC before you can take advantage
of our investment opportunities, although there will be significant
advantages for you to do so.
-
Secondly, the level of asset protection you want: You may
want to set up an offshore legal entity even if you don't need
to in order to get greater protection in terms of privacy, asset
protection, and taxes. (To see why offshore protection
is important, click here Why
Offshore)
To
facilitate your choice of the best legal entity for you needs, the
following information is presented:
Legal
Entities and Levels of Protection
The
following table presents a bird's eye view of the four ways you
may use to do business with Sovereign Chartered. Then, each is analysed
in detail.
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Benefits
|
Individual
|
LLC
|
IBC + Trust
|
IBC
+ Trust Professional Management
|
|
Privacy
|
Moderate
|
High
|
High
|
Highest
|
|
Asset Protection
|
Low
|
High
|
Higher
|
Highest
|
|
Tax Advantages*
|
Low
|
Moderate
|
High
|
Highest
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*Please
note that in some jurisdictions significant tax advantages can be
obtained just with a foreign corporation so long as the income that
it earns is derived from outside of that country. It is recommended
that prospective clients obtain the advice of a competent lawyer in
their country of residence to determine what that jurisdiction's requirements
may be.
Individual
DEFINITION:
You do business under your own name.
PRIVACY:
Moderate
- Sovereign Chartered does not provide
account information to any government agencies and does not report
interest payments to any governmental authorities in any country.
- No
government agencies can have access to your account.
- Accounts
can be, at your option, numbered accounts only, with no name.
- For
business and investment purposes it is not possible to create
any type of separation between yourself and your account.
ASSET
PROTECTION: Low
For
instance, if you ever have a court judgement entered into against
you, that court can compel you to repatriate the funds if the
existence of your account has been somehow discovered. (Most of
the time this is because the defendant has told "friends" and/or
family members about the account). If you refuse to repatriate
the funds, you may go to jail for contempt of court.
TAX
ADVANTAGES: None
Since
Sovereign Chartered does no report to any authority, you are responsible
for your
own taxes according to the jurisdiction of your residence. Sovereign Chartered highly recommends that you comply fully with the tax laws
of your jurisdiction and seek legal ways to reduce or avoid taxes.
Top
Limited
Liability Company (LLC).
DEFINITION:
You
do business with Sovereign Chartered using a Nevis based Limited Liability
Company, which we will help you set up. Of course members are
free to utilise their own structures that they may have already
set up, as long as they are in good standing.
If
your primary goal is not legal tax efficiency
but
rather access to a low cost way of sheltering assets and providing
privacy, a standalone Nevis Limited Liability Company is ideal.
Sovereign Chartered sets up LLCs for members through Commonwealth Financial
Group Ltd, a subsidiary, Nevis, West Indies based financial services
company. The
general advantages of LLCs are enhanced by the jurisdictional
advantage of Nevis, the first offshore financial centre anywhere
to enact a Limited Liability Ordinance
PRIVACY:
High
- Sovereign Chartered does not provide
account information to any government agencies and does not report
interest payments to any tax authorities in any country.
- Government
authorities have no access to your account.
- Accounts
can be, at your option, numbered accounts only, with no name.
- Since
the beneficial owners and/or managers are not registered anywhere
an LLC provides complete anonymity.
- Nevis
has strict privacy oriented laws that forbid any registering,
recording, or disclosure of directors and shareholders of exempt
companies incorporated there. This means that no annual or other
reports by members need to be filed in the public records of Nevis;
therefore, there is complete anonymity and their identities are
not accessible by any outside party.
- The
company's records may be located anywhere in the world.
ASSET
PROTECTION: High
- A
Nevis LLC enables you to protect your assets and funds from government
agencies, creditors, and lawsuits.
- As
an owner you are not exposed to personal liability.
- As
an owner you can participate in management without becoming personally
liable for the company's debts.
- A
Nevis LLC is particularly advantageous for asset protection purposes
since there are no shares that can be attached by a court of law.
- Members
are not liable for obligations of the company.
TAX
ADVANTAGES: Low
Depending
on your jurisdiction of residence there may be significant tax
advantages but in many cases there may not be since many tax authorities
(U.S., Canada, etc.) look at the ownership and tax the owner(s)
accordingly. Competent advice from a lawyer would be advised in
order to determine the issues surrounding taxation involving foreign
companies.
OTHER
LLC BENEFITS: LLCs provide these additional advantages:
- LLCs
provide a mechanism by which managers can limit the authority
of non-managing members.
- LLCs
have no limitation on the number of members.
- There
are no limitations on ownership of an LLC.
- No
corporate tax, income tax, withholding tax, stamp tax, asset tax,
exchange controls or
other
fees or taxes are levied in Nevis on assets or income originating
outside of Nevis.
- Members
of Nevis LLCs may be individuals or business entities of any nationality
or domicile.
- Nevis
LLCs may amend their Articles of Organisation, merge, or consolidate
with other domestic or foreign LLCs or other business entities.
- Members
of Nevis LLCs may assign their interests to other parties unless
restricted otherwise.
- Nevis
permits sole member LLCs.
- Management
of LLCs may be accomplished by the members or by managers designated
by the members.
- Nevis
LLCs face no stock limitations and can issue preferred interests
analogous to preferred stock of corporations.
- A
Nevis LLC is an excellent vehicle if used by a group of investors
for a joint venture investment. In this respect it functions as
if it were a Limited Partnership, but with all the added features
and advantages mentioned above of an LLC that Limited Partnerships
for the most part do not have.
- A
Nevis LLC can be set up within 24 hours and has low initial cost
and low annual fees.
For
more information on Nevis LLCs and on how to set it up, please click
here Offshore
Services.
Top
International
Business Corporation (IBC) Combined With an Offshore-Based Trust
DEFINITION:
You
do business with Sovereign Chartered using a Nevis based International
Business Corporation (IBC)
in combination with an offshore-based trust. (Sovereign Chartered will
help you set up both of these structures.) IBCs
provide much of the same features and advantages as LLCs except
that you deal with the more familiar and traditional corporate structure
and the issuance of shares.
However,
if in addition to sheltering assets and having complete privacy
you also want
legal tax efficiency, a Nevis
IBC in combination with an offshore-based trust is ideal. In essence,
a trust is put in place that acts as a Shareholder of the IBC. Ownership
thereby is divested to another legal entity.
Sovereign Chartered sets up IBCs and trusts for members through Commonwealth
Financial Group Ltd, a subsidiary, Nevis, West Indies based financial
services company. Although
many jurisdictions offer comparable characteristics for IBC domiciliation,
we feel that Nevis offers a slight edge over other comparable jurisdictions
because of the requirement of their judicial system for a $25,000
bond to be put up before a plaintiff can get a suit filed. This
is a significant disincentive along with the difficulty of obtaining
a civil judgment in the court system unless clear malintent can
be proven.
The
shareholder trust is set up as a charitable trust with a charitable
beneficiary. This is important because if you are the named beneficiary
an aggressive tax authority could show that the setting up of the
trust was in actuality an elaborate tax evasion scheme. The trail
must lead away from you to another beneficiary party if you are
to maximise the benefits of this strategy. Nobody ever questions
legitimate charities as a beneficiary of a trust. Setting up offshore
trusts whose primary aim appears to be philanthropic is a savvy
and indeed "politically correct" way to organise one's offshore
assets. Ultimately there is no compulsion for anything to have to
go to that charity but we would strongly advise at least some sort
of payment(s).
PRIVACY:
High
- The
privacy benefits offered through an IBC / Trust combination are
similar to the ones presented earlier under the analogous Nevis
LLC section. In addition:
- There
is not only strict confidentiality of beneficial ownership but
the privacy of your affairs no longer only have to hinge on confidentiality,
since you are not a beneficiary in any way of your assets.
- No
annual reports of financial returns need to be filed since you
have surrendered ownership of your assets to a trust.
- The
Trust is located in a different jurisdiction rather then Nevis
- that of Belize which has a proven record of privacy. This makes
it that much harder for a plaintiff to go after any assets since
they would have to start all over again once it had been determined
who really owns the assets of the corporation. In addition long
before that could have been determined the IBC could have been
re-domiciled to another jurisdiction frustrating any would be
suitor or creditor.
- The
trust is not registered or recorded any way - it is a private
contract protected as such under the English common law right
of contract which Belize's laws follow as a former British Colony
(known as British Honduras until 1983).
- As
before, the principal office and records may be located anywhere
in the world.
ASSET
PROTECTION: High
The
asset-protection benefits offered through this option are similar
to the ones presented earlier under the analogous Nevis LLC section.
TAX
ADVANTAGES: High
An
IBC / Trust combination will provide you with complete tax exemption
and freedom from exchange controls. For residents of most western
(high tax) countries such combinations are needed in order to achieve
legal tax optimization. A big issue for any many individuals (especially
residents of the UK, USA, Canada etc.) is the proper use of an offshore
IBC - so that any tax advantages are not deemed as "tax evasion."
By using the IBC / Trust combination offered through Sovereign
Chartered, you can be assured that you get maximum tax efficiency
within a legally acceptable framework. To put it simply, you
save on taxes and it's legal.
- OTHER
IBC BENEFITS:
Nevis IBCs provide these additional advantages:
- Flexibility
of ownership and management structure.
- There
are no residency requirements for Directors, Shareholders or Officers.
- Corporate
or Trust entities may act as Director, Secretary or Shareholder.
- Re-domiciliation
of other foreign companies into and out of Nevis.
- There
are no limitations on corporate ownership.
- No
corporate tax, income tax, withholding tax, stamp tax, asset tax,
exchange controls or other fees or taxes are levied in Nevis on
assets or income originating outside of Nevis.
- Nevis
permits sole director IBCs
For
more technical information on Nevis IBCs and offshore Trusts and
how to set them up, please click here Offshore
Services.
Top
IBC
Combined With an Offshore-Based Trust and Professional Management
DEFINITION:
In
addition to using an IBC / Trust combination, you can appoint a
professional management firm that will manage your offshore-based,
trust-owned corporation. They appoint themselves as directors of
the corporation so that you do not have to even be a director of
the IBC in order to ensure the safety and security of the corporate
assets. This may be important because even if you are clearly not
a shareholder, the mere fact of being an officer may offer the appearance
that you in reality still control the assets and thereby still retain
a beneficial interest in them. A court could theoretically still
compel you to repatriate the assets since you still control them.
The onus would be on you to then prove to the court why you are
not able to comply - not a pleasant prospect to consider.
We
can help provide such management options through a very reputable
law firm in Cyprus. Such firms specialise in offshore management
services and are regulated in a similar fashion as banks are by
their governments.
Furthermore,
we can provide a unique system of checks and balances in conjunction
with your account at Sovereign Chartered that will absolutely prevent any
professional manager absconding with any assets. Although this eventuality
is practically nil, it is a fear that lurks in the minds of those
who desire to have their offshore arrangements at total arms length
from them, but want a way to prevent a worst case scenario of theft.
BENEFITS:
This
option provides you with the maximum protection on all fronts. In
addition to the benefits offered by the previous option, you get
true arms length management of your structures, including the company
bank account. This will:
- Help
you avoid foreign account reporting requirements that many countries
now have (such as the USA and Germany). Because of the privacy
surrounding the account, it is unlikely unless you are careless
that such information will ever reach the authorities but it is
also wise to know that many government tax authorities now provide
for severe penalties for not reporting signature authority on
a foreign bank account.
- Provide
you with the needed extra element of removal from your assets,
so that your official legal capacity is one of advisor only. You
neither own nor "control" the assets in any function. Also, you
are not named as a beneficiary in any way.
For
more information on the professional management option and how to
have it set up, please click here Offshore
Services.
Top
What
we Recommend Regardless of Your Country of Residence / Special Offer
The
option you choose will of course depend on your particular needs.
What we recommend, however, is that you do business with Sovereign Chartered
using an IBC / Trust combination that is managed by a third party
professional firm. Taking advantage of this option will give the
maximum protection possible in terms of privacy and asset protection
and enable you to legally maximise your tax advantage.
To
facilitate this choice, we are currently making available to you
a special offer. For more information, click here Special
Offer.
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