|
Frequently Asked Questions
(International Business Companies)
Topics
International
Business Companies (IBCs)
European
Corporations
Belize IBCs
Functionality
and Structure of an IBC
International
Corporate Bank/Settlement Account for Payouts
Belize
Banking
Everyone's
Main Concerns with International Banking
*FAQ (International
Trusts)
International
Business Companies (IBCs)
What is an International Business
Company, or IBC?
An entity recognized by law as a separate "person"
with limited liability. It is essentially an international
corporation that has the option to sell shares, the right
to sue and be sued, and has perpetual existence.
TOP
How are IBCs used?
They may be used to own and operate businesses, issue shares,
bonds or otherwise, raise capital, guarantee obligations,
hire employees, buy goods and services, sell goods and services,
make contracts, rent office space, maintain checking and savings
accounts, open brokerage accounts and maintain retirement
plans for employees. Although most international corporations
are private and closely held, some are publicly traded on
major stock exchanges.
TOP
What does a corporate search under
an IBC reveal?
A corporate search will reveal the name of the corporation,
the date of existence, amendments, and any other publicly
filed document. Different jurisdictions share different information
and some share less than others. Under Belize law for example,
there is no requirement that the names of corporate officers,
directors, or shareholders be filed in any public registry.
Such information, therefore, remains confidential.
TOP
European
Corporations
Why should I choose a European Corporation?
One form of an international business company, or IBC, is
an EU Corporation. An IBC formed in the European Union can
act as the governing entity for a merchant account setup anywhere
in the EU. Visa/MasterCard regulations state that all merchant
accounts must be setup under and governed by a corporation
within the country of the processing bank. Our Direct International
Merchant Account Solutions are setup through banks we have
direct relationships with in the EU. Therefore, any merchant
processing directly through the acquiring bank will need to
incorporate in one of the EU jurisdictions we offer incorporations
in.
TOP
Belize
IBCs
Why should I choose a Belize IBC?
Belize is a preferred tax haven for the following reasons:
Belize is an independent country. Colonized
by the British and thereby deriving itself from British Commonwealth
and having its law based on British Common Law, Belize is
one of the most stable democracies in the world.
Belize has a highly developed and reliable
international communications system partly because of its
large amount of tourism, and its main language is English.
Belize is a desirable place to visit or
retire. It can be reached by air or auto...it's two hours
south of Cancun on the Caribbean coast.
Belize is an established international corporate
banking and financial center.
There are no currency exchange controls
or restrictions on the movement of money entering or departing
the country.
Belize does not tax income generated outside
of the country, whether by local or international corporations.
It also has no tax treaty with the U.S. or Canada.
Belize Law protects the anonymity and privacy
of banking and corporate operations. Specifically, corporate
shareholders are not listed publicly. Moreover, violations
of privacy are punishable by jail time and heavy fines.
Belize has not signed the U.S. Mutual Legal
Assistance Treaty (Belize is one of few countries left that
has not).
*No other jurisdiction has proven
that it will back up its privacy laws as strongly as Belize.
The only challenge to Belize' sovereignty came in 1995 when
the Supreme Court of Belize successfully kept the country's
privacy laws from being breached by the United States Securities
and Exchange Commission.
TOP
Functionality
and Structure of an IBC
What
are Registered Shares?
Registered share certificates indicate the name of the owner
on the document. The name of the shareholder is also recorded
in the internal corporate records of the foreign company.
Although the registered owner is recorded in the corporation's
internal records, no public registry of shareholders is maintained.
The share registry is an internal corporate document available
only to directors, officers, and shareholders under conditions
specified in the jurisdiction's corporate statute.
TOP
What
is a Registered Agent?
An agent established on behalf of the foreign company who
is required to ensure that the corporation has an assigned
representative at a known address to receive all service of
process (legal notices) on its behalf. The registered agent
forwards these documents to the address of record for the
corporation. Every corporation must have a legally registered
agent. We provide this as a service, which is included in
your corporate structure costs.
TOP
What
is a Nominee Director?
Sometimes also referred to as a Resident Director, a Nominee
Director is an individual designated, or nominated, as the
director of a corporation to essentially take on the liability
in place of the actual individual(s) running the corporation.
Every IBC must have a Board of Directors. The Board may consist
of one person or many people. For instance, the founder of
the IBC may appoint himself/herself as the Director and sole
officer of the corporation. However, most IBCs are formed
with a Nominee Director.
The nominee may be, but does not have to be, an individual
who works and/or resides in the country where the IBC is formed.
The nominee may be used to sign (contracts, loans, bank applications,
etc.) for the IBC should the founder not want his/her signature
to be connected with the corporation. The nominee director
has no knowledge of the IBC's affairs or accounts, cannot
control or influence the IBC, and will not act unless instructed
to by the founder. In the case of a European IBC setup for
the purposes of a Direct
International Merchant Account, the nominee, or resident,
director must reside in the country of the processing bank
and be willing to sign the merchant application as well as
provide proof of residnency through his or her utility bill
and identification.
TOP
Corporate
Bank/Settlement Account for Payouts
What Bank Account should I
use with my International Merchant Account?
An already existing U.S. Bank Account can be used to accept
the funds resulting from the credit card transactions of an
international merchant account. However, we provide International
Corporate Bank Accounts to which a merchant can have funds
from their credit card transactions sent as well. These corporate
accounts securely hold funds while offering many of the benefits
U.S. bank accounts offer, including online banking & international
debit cards for easy access to funds.
TOP
How often will I Receive Payment
for Transactions Processed Through my Merchant Account?
Funds will be transferred weekly, unless otherwise
stated at the time of underwriting, from your merchant account
into the account of the bank that you designate for settlement
of funds. For Direct Merchant Accounts setup through IBC Merchant
Accounts, you will receive Daily Payouts to your International
Corporate Bank Account!
TOP
Belize
Banking
How
do I know the Belize bank you use is a strong bank?
The bank we use in Belize has been in operation for over 10
years. They are the largest International Settlement Bank
in Belize and presently control in excess of eighty percent
of the international corporate banking conducted in Belize.
TOP
Everyone's
Main Concerns with International Banking
Is
it Legal to have an International Corporate Bank Account and/or
Brokerage Account?
This depends on the jurisdiction. It has never been illegal
for Americans or Canadians to maintain bank accounts or investment
banking accounts internationally. Similarly, most countries
allow their citizens to own international corporate banking
accounts. You should consult a legal expert in your own jurisdiction
to find out whether your resident country allows this, and
if so, how you would report it.
Earnings in an international corporate bank
account are generally considered tax-free in the country where
the bank or brokerage account is located. International investors,
including U.S. and Canadian residents, are expected to voluntarily
report any income earned outside their country (offshore).
International settlement banks do not cooperate with, or provide
reports to the IRS or Revenue Canada on your income earned
from any form of investment, so it is entirely up to you to
comply with the reporting requirements of your jurisdiction.
Questions surrounding international corporate banking legalities
usually arise when a U.S. or Canadian citizen fails to report
offshore income to the IRS or Revenue Canada at tax time.
In some cases, there are ways of structuring
your affairs using international business companies or trusts
that can be used for tax reduction or deferral. The laws in
each jurisdiction differ, so you should consult a local tax
advisor to find out how.
TOP
How
do I utilize international settlement bank account funds in
my country?
You can wire money directly from your international corporate
banking account or brokerage account into your domestic account.
The international settlement banks will allow you to wire
transfer through an online international corporate banking
system much like the ones you use with your local banks.
International settlement banks and brokerages
issue Visa/MasterCard debit cards adn secured credit cards
to international corporate bank account holders. These cards
may be used to make purchases from merchants or to withdraw
cash from an ATM.
The international business company (IBC)
or trust may purchase real estate, cars, businesses, etc.
Typically, the founder/client acts as an agent of the IBC
or trust to purchase assets on its behalf. By this, assets
are held under a corporate or trust name, thus helping to
protect the client's privacy.
The client may borrow funds from the
international corporation or trust. The IBC or trust is a
seperate legal entity from an individual and may make loans
to individuals or other entities.
TOP
Are my Deposits
Insured?
International settlement banks do not carry insurance on non-resident
accounts. However, most of the international settlement banks
are regulated by a central bank of the country they are in,
which sets capital ratios and liquidity requirements in line
with International Corporate Banking Standards.
For instance, the capital ratios and
liquidity requirements of the bank we use for our clients
in Belize are set by the Central Bank of Belize.
TOP
Are there any
International Treaties Regulating Depositors from the U.S.
signed with countries you use for your clients' international
corporate bank accounts?
No. However, it is generally the case that, if the Court of
any particular country decide that any depositors funds are
the proceeds of crime, they are still bound by the laws of
their country to release the source of funds. However again,
the Privacy in countries like Belize remains strong for law-abiding
clients.
TOP
How long does
it take to get an International Corporate Bank or Settlement
Account opened?
Once your international corporation is setup, we will send
you the international settlement bank application along with
detailed instructions on completing the application process.
You will then fax us the complete package of documents so
that we can review them for any errors or missing information.
After you make the necessary changes/additions and send the
original documents to the bank, the account can be opened
the same day they receive the documents as long as all of
the international settlement bank's requirements are fulfilled.
TOP
Can you help the
average client or merchant minimize or legally reduce their
taxes?
No. We provide corporate structures for merchant processing
that maximize access to international investments and expand
the scope of a foreign company's credit card processing abilities.
We believe taxes are the legitimate way for any community
to provide for its basic social services. Some countries like
the U.S. and Canada have adopted a tax exploitation policy
towards their citizens. For citizens of these jurisdictions,
there are minimal opportunities for legal tax reduction by
use of international structures. You should consult tax experts
in your country of residence for advise on these matters.
Your compliance with the tax laws in your country is entirely
your responsibility.
TOP
|