Establishing an Offshore Company (or Trust or Foundation) is in many ways like setting up a new computer. You can either choose a basic model or have one created with as many special features as you like so as to suit your specific needs.
To give you the greatest range of choice possible – and because for many clients it is important for legal reasons that their Offshore Company or Trust (or Foundation) is seen to be managed and controlled from offshore – we offer a range of Additional Offshore Services.
What additional services should you choose and why?
One of the great advantages of setting up a Company Offshore is that it gives you the ability to operate in an environment of maximum secrecy.
If you want to keep ownership of your Company a private matter as between yourself and your professional advisers, then you may wish to choose to install, from the outset, additional Offshore services to enhance your privacy and to make your company run as efficiently as possible.
Please note that each of the services listed below are optional extras which can be installed either at the time that you order your Offshore Company or afterwards, as needed.
Additional Offshore Services Offered for Companies include:
- Nominee Professional Director
- Nominee Shareholder
- Mail receiving and forwarding
- Fax receiving and forwarding
- Invoicing and reinvoicing
- Notarisation and Apostille of Company documents
- Powers of Attorney
- Consultancy Agreements and Sales Contracts
- Nominee Professional Directors
A Nominee Professional Director is, as the name suggests, a person appointed to act as Director of the Company but who acts only in accordance with your instructions. When we provide Nominee Professional Director services for you, as additional security, we will also provide you with: (at no extra cost to you):
- a written agreement to act on your instructions; and
- a signed but undated letter of resignation
- a power of attorney or consultancy agreement enabling you to represent the company in commercial negotiations
- Nominee Shareholder
A Nominee Shareholder is a person appointed to hold the shares in the Company for you, as your Nominee, so that your name does not have to appear on the register of shareholders stored at the Company’s Registered Office. As security for you, when we are asked to supply a Nominee Shareholder we will also provide you with (at no extra cost to you):
- a written Declaration of Trust acknowledging that we hold the shares on Trust for you and that we will
only deal with the shares in accordance with your instructions; and - a signed, undated share transfer allowing you to transfer the shares into your name or the name of some other Nominee whenever you like.
- Mail receiving and forwarding
For some clients it makes good commercial sense for any mail addressed to the company to be sent to the Company’s registered office. As part of this service we:
- Accept the mail for you
- Notify you that a mail item has been received
- Take your instructions as to where and to whom the package is to be resent
- Repackage and forward the mail as directed
We charge an all inclusive yearly fee for this service, not per package. The cost of mail and/or freight services is billed separately and we may ask for a deposit up front to cover the cost of such services depending on the likely flow of business.
- Fax receiving and forwarding
You may for privacy or commercial reasons wish to have any faxes for the company sent to the Company’s registered office, rather than to you direct. As part of this service we:
- Accept the fax for you
- Notify you that a fax has been received
- Take your instructions as to where and to whom the fax is to be resent
- Repackage and forward the fax as directed
We charge an all-inclusive yearly fee for this service, not per fax. The cost of teleco/ faxline outlays is billed separately and we may ask for a deposit up front to cover the cost of such services depending on the likely flow of business.
- Invoicing and reinvoicing
For many Offshore Companies it is important for legal reasons that revenues be seen to be generated from, and billed from, offshore. As part of this service we:
- Receive instructions from you re who to invoice, for how much and by what method
- Prepare and forward the invoice as directed by you
- Send you a copy of the invoice as required
- Notify you if/when we become aware that the invoice has been paid
We charge for this service on a per invoice basis. The cost of mailing, faxing or forwarding invoices by courier (if required) is billed in addition to the price per invoice.
- Notarisation and Apostille of Company documents
An Apostille is an internationally accepted method for certification of copied documents. It involves a two step process:
- Firstly the copied documents are certified as true copies by a local Notary.
- Secondly the notary’s signature is certified as true by the local Supreme Court Registry which keeps a record of the Notary’s signature.
Commonly, when opening a bank account for the company, the Bank will ask for a Notarized and Apostilled copy of the documents evidencing the Company’s registration and the identity of the Company’s initial Director and shareholder.
The Apostille process can take up to a week to complete depending on the country in which the process needs be undertaken.
- Powers of Attorney
Often, people who set up Offshore companies need to promptly take action or sign documents on behalf of the company in furtherance of the Company’s business and legal interests (eg: where the deal in question does not allow time for the forwarding of documents for signing by the Company Director offshore). At the same time the person undertaking business on behalf of the Company may not wish to reveal his or her identity as the underlying owner of the Company.
A Power of Attorney can be useful in respect of such matters though it may need to be checked by local legal advisers as in certain instances such a document may be construed as handing control of the Company for legal purposes to persons classified as resident onshore for tax purposes. This may have tax and/or legal consequences.
- Consultancy Agreements and Sales Contracts
For most people it is important for legal reasons that their Offshore Company be, and be seen to be, managed and controlled from offshore. The person authorised to give and receive communications might therefore be appointed as an Adviser or Consultant to the Director, charged with particular areas of responsibility. By doing this the Director’s acceptance of the adviser’s instructions may be demonstrated to be actions taken in accordance with a corporate plan thereby avoiding any suggestion that the Corporation is just a sham company (which can have tax/and/or legal consequences). At the end of the day Professional Company Directors make decisions based on information received from the Company’s managers, consultants and professional advisers
Similarly if your Offshore Company can fairly be said to be engaged in the sale of products delivered or sourced from Offshore you may prefer to be appointed as the Company’s local commission sales representative or consultant.
We can supply either a general Consultancy agreement or Sales agency agreement as you prefer to assist with formalizing such arrangements.
Additional Offshore Services Offered for Trusts & Private Interest Foundations include:
- Nominee Founder
- Nominee Professional Councillor
- Nominee Settlor (ie for Trusts)
- Investment Manager or Adviser Agreements
- Nominee Founder
- Nominee Professional Councillor
A Nominee Professional Councillor is, as the name suggests, a person appointed to act as day to day Manager of a Foundation but who acts only in accordance with your instructions. When we supply Nominee Professional Councillor services for you, as additional security, we will also provide you with: (at no extra cost to you):
- a written agreement to act on your instructions; and
- a signed but undated letter of resignation
- Nominee Settlor (ie for Trusts)
The person who forms or who authorizes the creation of a Trust is called a Settlor. As in some jurisdictions the Settlor’s name appears in the Declaration of Trust or Trust Deed (ie the document which creates or governs the management of the Trust) some clients prefer for Privacy reasons to have us supply a “Nominee” Settlor for maximum privacy.
As most jurisdictions’ Trust laws usually allows the Trustee to appoint an Investment adviser where we supply a Nominee Settlor we can also supply you with an agreement enabling you to manage, or control the management of, the Trust’s assets/investments.
Remember if you’re not sure of what you might need our Consultants are always here to help you. We urge you to contact us should you have any queries.
Every effort has been made to ensure that the details contained herein are correct and up-to-date, but thus does not constitute legal or other professional advice. We do not accept any responsibility, legal or otherwise, for any error or omission.
Please also visit this page for more detailed information: Company / Foundation Management & Optional Services
To learn more about our Company etc Management Services Please Contact Us
