Blog
The Seychelles creates a register of beneficial owners
In March 2020 the beneficial owners of every companies in the Seychelles will be registered in a database to which the Financial Intelligence Unit and other local agencies have direct access. The register only accepts natural persons and do not accept legal persons. It has to be noted that both the nominee and the nominator have to be registered. If the beneficial owner is a trust there is no shelter: either the settlor or all the beneficial owners will have to be registered. Companies incorporated in the Seychelles can move to another jurisdiction (Susisiekite su mumis). For reference: attached below is ... Read more
Belize does not renew 16 operators
What a genocide by the Belize IFSC: they did not renew 16 operators. The announcement is made at the end of April 2020 with effect from the 1st January 2020! That is a real problem with license-based jurisdictions (Seychelles is another one): suddenly an entire list of companies created by those operators become illegal. This official document is attached for reference: 30-04-2020-Revised-Public-Notice-3-Non-renewal-of-licences-for-2020Download
Increase of the annual maintenance fee in the Marshall Islands
Effective 1st of April 2020: the yearly maintenance fee increases from US$450 to US$500 for all LLCs and IBCs. Partnerships and Foreign Maritime Entity (FME) are unchanged. This increase is due to the cost of compliance with the Economic Substance regulations pushed by the European Union onto the Marshall Islands. Talking about Sovereignty: do not be surprised Brexit happened. After all the Marshall Islands are not in the EU so it is easy to walk on them. It was written already: the Article 4(2) of the Treaty on European Union respects other Member States only. Let’s send a big thank ... Read more
Dominica betrays investors and abolishes 20 years tax exemption
Under the pressure of the OCED and the EU: Dominica abolishes the previously granted 20 years tax exemption to all IBCs. Taxation rate will now be 30% of worldwide profits starting on the 1st January 2022. Full legal reference: Tarptautinio verslo įmonės (Amendment) Veikti, 2019, VEIKTI 2 eurų. 2019 http://www.dominica.gov.dm/laws/2019/International Business Companies (Amendment) Act 2019.pdf
The Corporate Transparency Act of 2019, or the end of Anonymous LLCs and Anonymous Corporations in the USA
On its way to the US Senate, this bill (H.R. 2513) will make mandatory the disclosure of beneficial owner(s) of any LLC or Corporation: anybody with more than 25% ownership. Annual reports will be made to FinCEN. The disclosed information will not be publicly available. The data to be disclosed will be: the full legal name ; the date of birth ; the current residential address ; and the current valid passport number (or valid US state driver license number). Exempted entities are: insurances, banks, any SEC regulated entities, churches, or 501(c) non-profit entities. View the full legal text for ... Read more
How to escape or avoid the new Economic Substance (ES) laws or regulations
The worldwide industry of non-resident, low tax or tax neutral companies is panicking: all the big accounting firms (Deloitte, Ernest and Young, KMPG, and PWC) have been overwhelmed by a wave of recent legislation adopted by many jurisdictions at once. The call (shot?) has been made by the European Commission in Brussels regarding the non-cooperative tax jurisdictions. Some people will believe that it targets only small players, and others will believe that it only affects big players. In fact it is targeting every body. The biggest players affected are Chinese companies incorporated in the British Virgin Islands (BVI). Such companies ... Read more
Anguilla adopted Economic Substance regulations
Anguilla has adopted Economic Substance regulations in a very detailed manner.
The Marshall Islands adopted Economic Substance Regulations
The Marshall Islands adopted Economic Substance Regulations applicable from the 1st January 2019. However it is interesting to note that: it applies strictly to relevant activities (distribution and service center business, financing and leasing business, headquarters business, holding company business, intellectual property business, shipping business, banking business, and insurance business) holding company business is defined as pure equity holding company a pure equity holding company is subject to a reduced economic substance test the entities must provide the relevant information if requested by the Registrar it seems to apply to Master Series LLC only (and not each Series) an entity ... Read more
After having attracted investors and companies : the Isle of Man decides to triple kick them out
Like their flag with three legs: the Isle of Man prepares to triple kick with sanctions all the investors or companies that do not pass their economic substance’s tests.
Jersey drafts Economic Substance laws
Upcoming laws are to be adopted in Jersey regarding Economic Substance for companies.