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Offshore Education

The Offshore Corporation and IBC Print E-mail

An offshore Corporation is a separate business entity, which is established with limited liability by law and is involved in international business activity.

Types of Companies -- Except for some of the large corporations, which are publicly traded, all other corporations are private and closely held. These corporations are usually formed outside the country of residence.  They can raise capital by issuing shares, bonds, debentures etc.

Corporate Liabilities -- The liabilities of this corporation are limited to its members and not extended to its shareholders and debenture holders.

What can an offshore IBC company do?  -- The corporation has the right to issue bonus shares and right shares also. It can make contracts, hire employees, buy and sell goods and services, deal in stock market, rent office space, maintain the saving accounts and retirement plans for employees along with all other banking transactions. In today's business evnironment an offshore corporation is becoming more advantag eous as businesses cross borders and countries.  Offshore banking provides asset protection and tax advantages, allowing funds to be held outside the control of lawsuit and tax prone juridsictions.

What is an Article of association? -- In some jurisdictions the articles of association are called corporate "By-Laws".  The article of association is a document for internal management that contains basic information as the name, share structure and purpose of the corporation. This document is used for setting the regulations and standards of the company, which regulate the routine activities.  The employees, shareholders and directors have to follow this document. This is not a public document (unless otherwise desired).

What Information is availabe publicly? -- A corporate search, which reveals the name of the corporation, directors, memorandum of association, the date of existence and all public related information’s.  The directors are often local to the jurisdiction and are appointed as desired.  Most law firms who setup offshore corporations also will provide nominee directors.

How can I have an anonymous corporation?  -- Offshore Companies have two types of shares:

1) Bearer Shares  -- In bearer shares the name of the owner is not mentioned. The physical custodian assumes the owner of the shares and the transfer of shares can be made just by the deliverance of the certificate.  These shares are anonymous by their very nature.  Simly handing the shares to somebody also transfers ownership.  Completely private and anonymous.

2) Registered Shares -- The name of owner is mentioned in the certificate and he or she is the only owner of the mentioned number of shares.  To transfer these shares, the first owner needs to send his intent to transfer the shares to the corporation and then the corporation cancels the previous certificate and issue a new certificate to the new owner and registers his name in as a shareholder register.  At first registered share companies don't sound like a good option but consider this.  What if the registered owner was a foundation?  The corporation, in some circles, and especially in court cases, would be considered more respectable, and yet the owership of the corporation leads nowhere.  This type of setup makes piercing the corporate veil much more difficult.

What is a registered agent? -- An offshore corporation can appoint a registered Agent who can act on the behalf of the corporation.&nb