Frequently asked questions

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General Information about Onshore and Offshore Companies

1. What IBC (International Business Companies) – Offshore – 0% TAX – means?

Zero Tax Offshore companies incorporated in jurisdictions (often described as tax havens, fiscal paradise), where legislation for international business companies allows foreign companies to be fully exempt of taxes if they do not conduct business activities on their own territory.

A tax haven is a country where it can be registered a company which will remain totally tax-free in that country (except for fixed government fees) with developed financial system with minimum restrictions, simplified and fast company registration procedures, flexible corporate regulations, confidentiality provisions strictly limiting publicly available corporate information, minimum accounting and book-keeping requirements.

2. What Non – Resident – 0% TAX – means?

Territorial Tax Regime companies, offshore and onshore type companies. Although not regarded as a tax haven, it has a favorable tax regime which means when correctly structured and administered, the company can be used for international trade without paying local tax, provided that profits are not of local source. This is often referred to as “territorial taxation”.

Practically, it is a tax system that taxes domestic income but not foreign income. Territorial tax regimes are found for example in Hong Kong, Gibraltar etc. A Resident company which earn profits only outside of the country of incorporation will be zero taxed.

3. What Resident – Companies – Tax Planning – means:

Resident companies with favorable tax regime that can be used for Tax Planning and International Business Structuring projects and objectives, which benefit of Double Tax Agreements (Residence Certificate), VAT Number (in needed), EU Parent Subsidiary Directives (for EU companies).

A resident company is an entity which is treated by the jurisdiction, in which it is registered or incorporated or conducts its business, as resident for exchange control and/or tax purposes.

Registration / Incorporation procedures of Onshore or Offshore companies and their possible structure

1. Which type of company and structure should I choose?

The most important decision factor depends on the business you conduct and your potential or existing business partners. Our advisors can help you understand the difference of jurisdictions so that you may select which one makes the most sense with regard to your business purposes.

2. Do I need to travel to any country in order to register a company?

No, the company incorporation process can be done exclusively by correspondence. Even so, you are welcome to meet us in any of our offices.

3. How long will it take to receive my original company documents?

We are working in most of countries directly with the registers of companies. Therefore, the registration timeframe is the most effective. Even so, every jurisdiction has its own incorporation timeframe. Once the company has been registered, it takes about two to three days for the corporate documents to become available. Depends on whether document certifications and apostilles are required.

4. Can I choose the name of the company?

Certainly, you can provide us one or two company proposal names in order of your preference and we shall check the availability at the Company Registry of the jurisdiction you choose.

5. What a Shelf Company / Ready-made company means?

Shelf or Ready-made companies are corporate entities that have been already registered and been hold until a purchaser is found. The ownership of the company is transferred to the client and the trading activity is changed in accordance with the client business purposes. The benefits of purchasing such company is the appearance of corporate longevity but are usually more expensive than newly incorporated companies because of their age.

6. Director or Shareholder, Administrator or Member/Associate means?

The director is the person responsible for the management of the company. He will sign any business contracts, account opening forms etc. Directors or Administrators are elected by the shareholders or members. A company can have one or several directors. The director can be an individual or a company.

The shareholder is the person who owns shares of the company through a share certificate. A company can be owned by one or several shareholders. The shareholder can be an individual or a company.

7. What Nominee Director or Nominee Shareholders means?

The owner of a company may choose to appoint a Nominee Director, in most cases, for the protection of his personal information or for reasons related to his company commercial activities. Moreover, in some jurisdictions is mandatory to appoint a resident director to incorporate the company. The owner has the power to manage the company business as normal, in general using a General Power of Attorney issued by the Director in his name.

Fiduciary Shareholder or a Nominee Shareholder is a person who holds an asset in his name for the benefit of another person. Usually the assets are represented by the company shares, when we are speaking about the corporate services. Generally, the Fiduciary Shareholder is the registered owner of shares held for the benefit of another person, the owner. A custodial agreement, showing the Fiduciary Shareholder has no legal claim over the shares, protecting the beneficiary owner’s assets will be signed, called Declaration of Trust.

8. Apostille, legalization, certification, notarization of documents means?

Apostille is a legal certification that makes a document from one country valid in another (provided that both are signatories to the 1961 Hague Convention Abolishing the Requirement for Legalization for Foreign Public Documents).

Notarized document is carrying authentication signature of the person authorized or required to sign it, and the signature of a notary public witnessing the signature, accompanied by an impression of his or her official notary seal. A notarized document is not necessarily a certified document.

Such notarizations and apostilles are requested in opening a bank account or in some cases if you need your corporate documents for any legal proceedings (such as concluding a contract, for example).

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