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Offshore Asset Protection: Corporations & Foundations and the Offshore Bank Account

 

 

View Asset Protection Strategy Video Part II >>

 

Panama Offshore Legal - Offshore Asset Protection Services

There are a number of factors one must look for when setting up a secure asset protection structure. The tax-free status of the jurisdiction being used is always a major consideration. The anonymity of the corporations and foundations is also important.

Not all Offshore Banks in Panama are Created Equal 

The availability of quality banks covered by bank secrecy laws with online banking is of paramount importance.  In particular, an offshore bank must provide the ability to send and receive wires through the online banking interface.  Shockingly, most banks in Panama fail this test.  Banka (name changed for legal reasons), a large bank here in Panama is a perfect example.  Banka is a great bank from almost every other viewpoint.  They offer online banking, but many customers may be disappointed to learn they are unable to send international bank wires via online banking.  In fact, Banka requires that the client sign a form and fedex it into the bank each time they want to send a bank wire.  Although Banka is a great bank overall it is undesirable as an offshore bank.  The banks we offer our clients have excellent online banking with full wire capabilities.

Beware Offshore Corporation Mills - Deal with a Law Firm only 

Attorney client privilege is something that should never be taken lightly. Always deal with a law firm.  The offshore banking world is full of fly-by-night operators, who offer bad products and register their client's corporations incorrectly.  Recently a customer of one of these "offshore mills" came to us to get a bank account.  When we looked up their corporation in the Panama public registry, we were shocked to find the client's name was right there in full public view.  This is a very serious issue.  Don't trust a "corporation mill" to create your offshore corporation.  They might sound slick, but their quality of work is poor and they don't have a law license to lose.  Don't be fooled when they tell you they have lawyers on staff.  This is NOT the same thing as a law firm!  You are not protected by attorney client privilege, no matter what they tell you.  If they don't say "Law Firm" on their website there is a reason.  They are not not a law firm and are hoping you don't know the difference.

 

Don't make the mistake of using jurisdictions that used to be good but in recent years have compromised their secrecy and privacy. Click here to read more about asset protection

Offshore Company Incorporation, Offshore Corporations

Today there are a multitude of offshore jurisdictions touting themselves as the best tax haven to domicile a corporation in. What one needs to look for when selecting an offshore jurisdiction is the following:

There should be no taxation on offshore-derived income. There should be serious bank secrecy. One must be able to have a bearer share corporation with the shares made out in blank and the possibility of keeping the shares anywhere in the world.

The jurisdiction must be stable and secure. The jurisdiction must be free of tax treaties. A lot of jurisdictions that were once good have in recent years gone bad – Click here to read more about offshore corporations

Offshore Foundations, Private Interest Foundations

In today’s world the wealthy people use offshore corporations and the extremely wealthy use offshore private interest foundations.  Foundations are the most secure asset protection tools in the free world today.  No one owns a foundation but the foundation can own things like real estate, cars, boats, stocks, corporation etc.

A foundation is like a blend of a will, a trust, and a corporation. When selecting an offshore jurisdiction for your foundation one must take into account the following: freedom from taxes including inheritance taxation, anonymity of the foundation, ease of passing assets to beneficiaries, ease of operation and reasonable cost.

Lichtenstein used to be the world leader for foundations but then along cam e the EU with all the information sharing agreements and tax agreements. Click here to read more about offshore foundations

Offshore Banking, Offshore Bank Accounts

Since the offshore bank account is a key component of any asset protection structure we must be diligent to make sure your assets are secured in a solid bank in a stable jurisdiction. There should be tight bank secrecy laws that incorporate serious penalties like prison, fines and the ability for you to sue the bank for any violations.

Banks have deep pockets and do not want to be sued so they will be diligent to comply with bank secrecy under those terms and conditions.

The jurisdiction should not be a Caribbean Island since they are subject to hurricanes and this could mean a loss of communication between you and your bank at a critical time when you need to access your funds.

The banks should have people that communicate with you in a language you can understand.

There should be a good online banking platform available for your use, which allows for the launching of international wire transfers. You should be able to get some sort of a Visa or ATM card that allows you to access ATM machines worldwide. Click here to read more about offshore banking

 

Offshore Banking Comparison - Editor's Analysis

Many readers inquire each week about which jurisdiction we recommend.  Of course this depends on your specific situation.  Having said that here is my analysis:

 

Panama: Stability with Proven Banking Secrecy and Privacy Protection Laws

editors pick

Stability of Panama

Panama is the most stable jurisdiction offering banking secrecy.  Countries like the United States and China have a vested interest in Panama's stability because of the Panama Canal.  The stability of the operation of the Panama Canal is critical to world trade and the economic health of the many countries including the US.  The United States looks the other way with respect to Panama's thriving anonymous banking business, in an effort to keep the peace.

Anonymous Companies in Panama 

Panama has bearer share corporations, which are specifically designed to be anonymous.  In fact, in Spanish they are called, "Sociedad Anonima" which means "Anonymous Company".  Panama banks have no problem opening bank accounts for these types of companies because they are an accepted norm in Panama.  In fact, the most common corporation suffix is not "Inc." or "Corp." like in the rest of the world, but rather "S.A." which is the short form for "Sociedad Anonima".  Panama is a gold mine for those seeking corporate and banking secrecy.

Panama is the choice of many fortune 500 companies

After doing some research, it appears that Panama is home to many of the world's top companies.  Here is a list of our raw research on fortune 500 companies incorporated in Panama for your interest.  This list may surprise many of you. 

 

Belize: Too Small and Too New in the Offshore Banking World

With only 5 banks managing 164 million US, Belize is just too small for my liking.  It looks promising but for now I recommend a jurisdiction with a longer track record. 

Heck the first "offshore" bank in Belize was licensed in 1998!  At just 9 years old I would recommend steering clear.  In contrast Panama has 150 banks!  More on this later...

 

Switzerland: Cooperate with Investigations, No More Numbered Accounts

Switzerland has a reputation that earned it worldwide recognition during the second world war.  Boasting numbered accounts, it quickly became the world leader in offshore banking. 

Unfortunately, due to pressure from the international community (mainly governments like the United States who were loosing too many tax dollars) the Swiss gave in. 

They stopped giving out numbered accounts.  Today this jurisdiction regularly co-operates with foreign governments for issues like tax evasion. 

Panama on the other hand will turn investigating authorities down flat when they come snooping around on tax related issues.

 

Bahamas: Weak Banking Secrecy Laws with Massive Capital Flight

Banking secrecy in the Bahamas is weak.  In fact, banking institutions are freely permitted to divulge the fact that a particular person or company does in fact have an account with that bank. 

Since the Bahamas introduced their new banking legislation allowing the free flow of information 45% of the deposits have left the Bahamas banks.

Panama, on the other hand, has complete banking secrecy laws in place punishable by imprisonment.

 

Cayman Islands: Rock Solid Banking Laws But Not Always Enforced

The Cayman Islands law seem quite impressive. In fact bank officials that break the secrecy law face imprisonment just as in Panama! 

Unfortunately I have a story to tell you about.  John M. Masterson was the owner of Guardian Bank. 

He provided the IRS with over 1 year worth of bank records !  Thousands of US taxpayers found themselves in a very bad situation. 

Now if the law stipulates jail time for a bank official divulging just one person's banking information, wouldn't you think John would be going to prison for a very long time? 

So did John go to prison?  No he did not!  In fact, as far as we can tell, nothing happened to him.   So the Cayman Islands look good on paper, but in practice I would stay away.

 

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Panama: Stability with Proven Banking Secrecy and Privacy Protection Laws

Panama is the clear winner in our comparison of offshore banking jurisdictions.  Panama is the most like offshore banking jurisdiction to remain stable long term.  It is also the jurisdiction least likely to change or compromise their banking secrecy laws.

 

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