This finely crafted and handsomely bound book will be a handy source of information for those working in both the onshore and offshore world, and who truly need to understand the differences between jurisdictions competing in the provision of offshore companies. Through coverage of the specifics in each country - including corporate legislation, as well as issues relevant to stakeholders, taxation, and related matters - author E. Edward Siemens provides an up-to-date book of real importance to the users of offshore companies and their advisers. All too often, offshore companies are formed with very little thought about the pros and cons of different jurisdictions and, in particular, what may turn out to be very important differences in the duties and liabilities of directors. A number of legal and tax issues are also forgotten as advisors reach for the fastest and cheapest solution to the needs of their clients. Siemens addresses many of these issues, providing a good reminder, to those using offshore companies, of the importance of a careful review in advance which can minimize a costly and unhappy end to the use of offshore companies. Siemens also provides a good overview of the different forms of companies that are available, which can be of extreme importance in determining the right type and location of offshore company to be established. His analysis includes protected cell companies, companies limited by guarantee, as well as hybrid entities. The important area of corporate governance is reviewed, together with issues relevant to the question of directors' liability - and directors' and officers' liability insurance. This detailed study examines 20 offshore jurisdictions including: the Bahamas, Belize, Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Jersey, the Isle of Man, Gibraltar, the Cook Islands, Samoa, Vanuatu, Mauritius, Seychelles, Panama, Switzerland, Dubai, Labuan, Delaware, and Hong Kong.

Everything starts out small ... The author of this book once heard this mysterious word offshore for the first time, too. And he, too, asked himself questions like: 'What does a registered agent do?', 'How much do nominee services cost?', 'Why do I need an apostille?', and 'Where is it better to open a bank account?'. It is this inexperienced reader that the book is intended for, and its title speaks for itself. 'Offshore Company Fundamentals' contains basic information that is necessary to anyone who, on hearing the word Panama, thinks of a broad hat, rather than of 'Panama Papers'. However, a sophisticated reader will also appreciate the survey of events and facts without which the topic can hardly be considered properly covered, although they do not exactly qualify as 'fundamental stuff': -Panama Papers and other offshore leaks - What data will be available in the era of worldwide exchange of information: sometimes the future looks back at you from your computer screen;-Cyprus deposit haircut 2013, an event that usually makes one lose faith in humanity, but in this case for some reason the only thing lost was money;-How to open a bank account in the new environment? - Learning to fly is easier;-International Consortium of Investigative Journalists (ICIJ), an organisation that is more like an elite Boy Scout task force digging up compromising material on the powers that be if they are in any way associated with offshores; -Where is the nominee director heading? - Wherever he is heading, now you will not be going the same way;-Compliance Officer, a bogey that sophisticated businessmen use to scare children into good behaviour.The more recent popular questions also include: What are CFC rules? Will I need to comply with economic substance requirements? How does the automatic exchange of tax information work? Why set up a trust? Of course, the author could not but cover these highly relevant topics, too. Whether he has succeeded in this and other tasks is up to you to decide

This book considers the ability of island jurisdictions with financial centres to meet the expectations of the international community in addressing the threats posed to themselves and others by their innocent (or otherwise) facilitation of the receipt of suspect wealth. In the global financial architecture, British Overseas Territories are of material significance. Through their inalienable right to self-determination, many developed offshore financial centres to achieve sustainable economic development. Focusing on Bermuda, Turks and Caicos, and Anguilla, the book concerns suspect wealth emanating from financial crimes including corruption, money laundering and tax evasion, as well as controversial conduct like tax avoidance. This work considers the viability of international standards on suspect wealth in the context of the territories, how willing or able they are to comply with them, and how their financial centres can better prevent receipt of suspect wealth. While universalism is desirable in the modern approach to tackling suspect wealth, a one-size-fits-all approach is inappropriate for these jurisdictions. On critically evaluating their legislative and regulatory regimes, the book advances that they demonstrate willingness to comply with international standards. However, their abilities and levels of compliance vary. In acknowledging the facilitatively harmful role the territories can play, this work draws upon evidence of implication in transnational financial crime cases. Notwithstanding this, the book questions whether the degree of criticism that these offshore jurisdictions have encountered is warranted in light of apparent willingness to engage in the enactment and administration of internationally accepted laws and cooperate with international institutions.

Bermuda Company Laws and Regulations Handbook - Strategic Information and Basic Laws

The only book to focus specifically on confidentiality and by extension, disclosure obligations, in offshore financial law, this new edition examines the issues surrounding confidentiality providing thorough analysis of the current legal position and discussing the extent to which it should be protected given the conflicting interests at stake. The book also addresses the wider issues of confidentiality in offshore financial law to consider the implications of confidentiality and disclosure for other subjects of interest in finance. It therefore examines the appropriate parameters of bank regulation, the modern regulatory framework for other financial institutions and actors, particularly within the context of the prevention and detection of certain undesirable or criminal activities such as money laundering and even civil matters such as trademark violations. Important constitutional issues such as the right to privacy, the privilege against self-incrimination and arbitrary search and seizure as they relate to finance are included in the legal analysis.The controversial balance between disclosure and confidentiality also entails a discussion of issues of comity. Taking into account the several new treaties specifically targeted at confidentiality in offshore financial law, this new edition includes comparative coverage of key legislation in offshore jurisdictions and a new chapter on Tax Information Exchange Agreements. It also provides detailed coverage of modern anti- Money Laundering regimes, the EU Savings Directive, the G20 Initiatives and United States countermeasures to confidentiality.. For ease of reference an introductory chapter is also included which gives a summary of the legislative infrastructure in the various jurisdictions and a description of the fundamental characteristics of offshore jurisdictions. Assessing the impact of the recent G20 -OECD discussions on confidentiality, disclosure, and tax issues and the emerging FATCA regime, this new edition brings the reader up to date with the changing regulatory landscape concerning the offshore sector. All practitioners and scholars interested in offshore financial law will find this text to be an essential reference source.