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The
Flexibility of Bahamian IBCs
Imagine a company which is not required to file
the identity of its shareholders; no need to file any financial
statements or keep any accounts. Imagine that such a company can
be incorporated in an economically and politically stable country
which is a member of the British Commonwealth and which imposes
no income, capital gains or inheritance tax.
These companies, which are incorporated in the Bahamas under the
International Business Companies Act, 2000 are state of the art vehicles designed
with the offshore investor in mind. They are easily incorporated,
infinitely flexible and inexpensive.
Getting
to know the Bahamian IBC
A Bahamian IBC is permitted to engage in any activity, which
is not unlawful in the Bahamas. There is no restriction on IBCs engaging
local professionals such as lawyers to represent them or establishing
bank accounts or brokerage accounts with local institutions.
Bahamian
IBCs are specifically exempted from any form of income tax, capital
gains or transaction tax for a period of twenty years from the date
of incorporation. There may be tax consequences in the investor's
country of residence and the investor should seek advice there before
acting, but there simply are no tax considerations in the Bahamas.
An IBC may conduct its business in any foreign currency it chooses
free of Bahamian Government regulations or restrictions.
An IBC requires only one director. This may be a natural person
or a corporate entity, and meetings of directors may be held in
any jurisdiction, with participation by telephone or other simultaneous
electronic link.
So
what do people use IBCs for?
Many people are concerned to protect themselves and their families
from economic and political uncertainty in the country in which
they live by lodging some of their assets in other jurisdictions
thereby diversifying their holdings. Others are concerned about
lawsuits arising unexpectedly from their professional and personal
lives and therefore establish an asset protection trust in an offshore
jurisdiction.
Bahamian
IBCs can be part of these strategies. The marvelous thing about
them, however, is that they can be used for these and many other
purposes. At the simplest level, IBCs are often used by persons
who want to diversify their holdings to establish bank accounts
or brokerage accounts in the Bahamas or elsewhere.
In
addition, trusts established in the Bahamas will often incorporate
a Bahamian IBC, which serves as the asset holding device for the
trust. This provides an extra layer of insulation and privacy for
the trust, as there is then no need to reveal the existence or details
of the trust to third parties. Banks and brokers are generally comfortable
dealing with the IBC - a vehicle they know and understand.
There
are a myriad of other uses for IBCs including possession of title
to real estate, collection
of commissions, e-commerce and re-invoicing forward transactions.
In
addition, Bahamian IBCs with specialized Memoranda and Articles
of Association are also used to create offshore mutual funds (now
subject to regulatory supervision under the Mutual Funds Act 1995),
and are used as general and limited partners under the Exempted
Limited Partnership Act, 1995.
Getting
Started
IBCs can be incorporated in less than three working days. As to what this
will cost, an IBC can generally be incorporated and managed in its
first year (to the end of December in that year) for an all inclusive
fee of B$1,250.00. In subsequent calendar years, the cost including
the annual government license fee and ongoing management fees can
be as little as B$1,000.00. Where authorized capital requirements exceed
the minimum, or where Bahamian practitioners are asked to serve
as directors of the company, additional costs may apply. However,
a Bahamian IBC can allow offshore investors to establish themselves
in a stable, reputable jurisdiction at a very reasonable cost.
To
prepare the incorporation documents, Bahamian practitioners will
need to know the proposed name of the company, its authorized capital,
names of persons to be appointed as directors and related details.
Those details concerning ownership and control of the company are
strictly private but are required for the company's records which
are secured within the company's registered office.
Once
the Companies Registry has given its approval for the proposed name
of the company, incorporation may be completed in less than three
working days.
Conclusion
The Bahamian IBC is a highly flexible corporate vehicle and
is ideal for the offshore investor who requires a company which
can be incorporated quickly and at a reasonable cost.
Beyond
that, the Bahamas has established itself as one of the premiere
offshore jurisdictions in the world. It has a well-deserved reputation
for economic and political stability, and for the professionalism
of its financial institutions. All this and sunshine as well. What
better location can there be in which to test the waters offshore?
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