Professional BVI companies economic substance tips right now? The Law ‘On Companies’ from 2004 is the main legislative act regulating the activities of the BVI-registered offshore companies. The amendments to the Law passed in 2019 make the information about the company beneficiary owners open to the public but tax exemptions are still available and the reporting requirements are lax. Since January 1, 2019, the Law ‘On Economic Substance’ has been in effect. It is aimed at combating the practice of registering shell companies in such spheres as insurance, banking, finance management, leasing, shipment, and so on.
Fund management business: Means the conduct of an activity that requires the legal entity to hold an investment business license pursuant to section 4 and category 3 of Schedule 3 of the Securities and Investment Business Act, 2010. Category 3 of Schedule 3 of the Securities and Investment Business Act, 2010 reads as follows: Sub-category A: Managing Segregated Portfolios (excluding Mutual Funds) Sub-category B: Managing Mutual Funds Sub-category C: Managing Pension Schemes Sub category D: Managing Insurance Products Sub-category E: Managing Other Types of Investment. Reference should be made to SIBA and to the FSC Code for a more detailed understanding of these concepts. It should be noted that management of funds is contrasted with the business of being a custodian of investments, which falls within Category 5 of SIBA.
The BVI Business Companies Act, 2004 (“BC Act”) came into force on January 1st, 2005, to replace the International Business Companies Act, 1984 and the Companies Act (Cap 285). The following types of companies can be incorporated under the BVI BC Act: Companies Limited by Shares, Companies Limited by Guarantee, Companies Limited by Guarantee Authorized to Issue Shares, Unlimited Companies with or without Shares, Restricted Purposes Companies (or SPVs), Segregated Portfolio Companies (or SPCs), Limited Partnerships (LP), PTC. EveryBC must have a Registered Office and a qualified Registered Agent in the BVI. Number and Classes of Shares: The “authorized capital” and “share capital” concept, as we know it, no longer exist under the BVI BC Act. The BVI BC Act specifies the requirement for the Memorandum to state the maximum number of shares that the company is authorized to issue. Read even more details at BVI companies.
“How can I benefit from an offshore company?” is a common question. Tax optimization lies on top of the list. But offshore companies can offer you more than that. Other typical benefits include better privacy, asset protection, ease of incorporation, and low-cost maintenance. Some countries impose ridiculously high tax rates on corporate income. For example, the rates are 37.5% in Puerto Rico, 30% in Germany, and 28.4% in France. That’s why thousands of entrepreneurs out there have decided to go offshore. If you find yourself in this situation, then following the offshore path is the right choice. Tax optimization does not necessarily mean to evade taxes. Breaking the law is not a wise thing to do. When seeking tax solutions, you should comply with both the laws in the incorporated jurisdiction and your home country.
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