Archive for February, 2010

Offshore Financial Centres

By tgon1563 On February 28, 2010 No Comments

Creating a Company

Modern day companies have many diverse components that must all be working well and working collectively if the company is going to succeed and be profitable for any length of time. This idea extends from the core aspects of the business such as production and sales, to the less tangible aspects such as human resources.

Whilst this fact may be very evident in large, well-known businesses with many employees, departments and office buildings, it is also true of lesser companies that are still in their infancy. To draw an analogy with house building, laying the foundations is the most critical stage of the building process since everything else relies on them being laid correctly.

Setting your business off on the right foot is extremely important, and is particularly crucial during times of financial instability. By establishing your company in an intelligent and forward thinking manner you will be able to enjoy the benefits long into the future. However, creating your company in the wrong manner could have long felt repercussions.

Why get help creating a company?

As previously mentioned, the creation of your business is a highly important process and should not be taken casually. It can also be a complicated process that can sometimes go wrong without the right level of appropriate knowledge and experience.

If a complex part on your car were to break, or if a safety critical system such as the boiler in your house were to fail, you would hire an expert to carry out the required work. It makes sense to spend money on your most valuable assets to ensure they operate correctly.

Perhaps the most challenging aspect in setting up a new business is the level of paperwork that is necessary in regards to legal issues. Not only do you have to take into account the legal boundaries of the industry you will be working in, but also any specific legal conditions of the geographical area you will be operating in and any specific needs of your employees. It can be a legal minefield, but a specialist will be able to help you plot a course through.

It is also becoming more involved and complex to setup a business. As new markets present themselves, new trade links are forged and new legal clauses are described you need to keep up-to-date with the relevant demands. Most of us do not have time to do this, so employing expert help offers an easy way to access this expertise.

Hiring experts to guide you during offshore company formation increases the speed, caliber and effectiveness of the process.

Company Distinctions

Before you begin to setup your own company you should know the different types of company that can be created and the key distinctions between them. Although almost all businesses operate on the premise of bringing in more income than they expend, the components that exist underneath the exterior are fundamentally different. You need to use the suitable company framework for your own company.

These corporate set ups exist to satisfy the broad scope of situations that cover the business world. Companies vary a great deal, in terms of the quantity of employees, the industry they work in and also their sales environment, so different business solutions have been created to cater for this broad assortment.

A few corporate structures are outlined below.

Limited Liability Company (LLC)

A Limited Liability Company, abbreviated as LLC, is a form of company where the owners have only limited liability. In extremely basic terms, anybody who has complete or partial ownership of an LLC can only be held financially accountable for a predetermined sum which usually reflects the amount they have invested in the business.

A Limited Liability Company shares characteristics with both a partnership and corporation business framework. It provides its owners with restricted liability (like a corporation) but enables pass-through income taxation (like a partnership).
There is also much less paperwork called for in running an LLC than a corporation, where required levels of administration and record keeping are incredibly high. It is worth noting though that the levels of limited liability protection offered by an LLC do not cover every possible circumstance.

Limited company (Ltd)

A Limited company is similar to an LLC as a business entity, however it is limited to use in certain nations due to the differences in national laws. Limited companies can be created in the United Kingdom, the Republic of Ireland or Australia. It is the most typical form of privately held company in use.

A limited company offers limited liability to its shareholders by making them personally accountable for only the unpaid amount remaining on their own shares if the company were to go bust. This sum refers to what was unpaid on the shares when they were issued rather than any monies exchanged when shares were exchanged. Since shares are typically issued as being fully paid, the shareholders are no longer personally liable.

Dependable advice on off shore incorporation via www.lotus-2000.com may provide a dependable platform to begin building your business.

International Business Company (IBC)

An International business company, abbreviated as IBC, is a form of offshore company that isn’t allowed to trade within the country or jurisdiction where it was authorized. The specific rules that govern an IBC will depend on where it was incorporated, although they generally share certain characteristics, such as greater flexibility of operation and laid back trading laws. The most prominent characteristic of an IBC however is the possible tax planning afforded by being registered offshore.

Offshore Companies

One idea that you may consider when choosing what type of company you are going to start is choosing to register an offshore company. An offshore company is one that is incorporated in an offshore financial centre, or one that is incorporated in a region where it does not undertake its main operations.

Benefits of creating an offshore company

Offshore companies are usually used as one aspect of an overall tax planning strategy. Taxation rules differ between the various offshore financial centres available, although companies will usually pay tax as a fixed annual sum that is insignificant in relation to the levels of taxation applied in other parts of the world. This possible tax planning makes them an incredibly attractive business proposition.

These tax discounts can be offered by the governments of offshore financial centres since the businesses that benefit from them are not trading within that zone. This means there is not the same demand for administrative support and commercial infrastructure that would be needed by onshore organisations.

There are other advantages to creating an offshore company, such as the levels of privacy that can be enjoyed. Business operations can be carried out under the business name without needing to release the names of the key members in the company. Offshore companies are generally not required to submit the levels of paperwork that domestic corporations do, and as such are easier to run. This doesn’t apply to regulated businesses.

Because the regulations for offshore companies are readily available, it gives potential new business owners the chance to select which rules they want their enterprise to be governed by. Certain types of business may be better suited to incorporation in a particular region.

Typical Uses

IBC or other offshore companies will be commonly used by businesses where tax is a major concern. These may include property companies that are looking to avoid capital gains tax and inheritance tax, or by investment firms that don’t want to pay tax on investment interest made. They can also be beneficial when employing expatriate staff since tax can be averted at source.

There are three forms that must be presented so you can register Ltd company which need to be sent to Companies House; Form IN01, Memorandum of Association and Articles of Association.

Possible locations for offshore companies

There are many areas of the world that can be defined as an offshore financial centre due to the ambiguous nature of the expression. However, there are a particular few that stand out above the rest, including Bermuda, The British Virgin Islands, The Cayman Islands, Luxembourg and The Seychelles.

Two of these centres are briefly profiled below:

British Virgin Islands

The British Virgin Islands, also known as just the Virgin Islands or BVI, is a British overseas territory in the Caribbean Sea. They should not be mistaken with the U.S. Virgin Islands. Although a large percentage of residential income is powered by tourism, more than half of the governmental income of the region is made from licensing agreements for offshore corporations. It is believed that around 40 percent of the planet’s offshore companies were incorporated in the British Virgin Islands.

Seychelles

The Seychelles is a small territory located within the Indian Ocean, off the Eastern shore of mainland Africa and to the North of Madagascar. Seychelles is the wealthiest nation in Africa in terms of GDP and this is largely driven by the record setting offshore sector in this region. Future economic development is predicted.

Off-the-shelf companies

Another alternative to consider when creating your own company is to not create it at all! It is possible to simply buy a new company “off the shelf” and become incorporated extremely swiftly. You do not get to select the name of your organisation, but if that is not a critically important aspect then there are great benefits to buying a company in this manner. Due diligence must be carried out, and payment must be made, but if that goes smoothly you can be in business instantly.

Creating a company like this could also reduce the complexities that are sometimes encountered when registering a new company. Using a respected corporate services provider to manage the paperwork required gets around this problem.

Creating a company in the UK

If after looking through this article you do not feel that the creation of an off-shore company would be advantageous to you and your business then you can still get assistance registering a company in the United Kingdom. You might not be able to take advantage of the tax benefits and anonymity afforded by an offshore company, but you may feel far better having the company registered onshore. As always, every circumstance is different and will have specific requirements.

There are legal procedures that must be undertaken, and the amount of paperwork needed is likely to be a lot greater than registering an equivalent offshore company. The workload alone may be challenging but there are plenty of corporate services companies that are experts in this field and can be of use. They should be part of your planning when setting up a new company.