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BENEFITS OF DOMICILING YOUR BUSINESS IN THE
ISLANDS
Offshore Banks in Dominica
Dominica Citizenship
EXEMPT
INSURANCE
INTERNATIONAL TRUST
INTERNET GAMING AND
WAGERING
INTERNATIONAL SHIP REGISTRY
More
about Dominica
An offshore company (IBC) in the Commonwealth of Dominica is only
$999:
Only one person is enough to incorporate a
company.
Basic:
Incorporation Fee: $399
Registered Office/Agent: $450 p.a.
Government Licence: $150 p.a. due in June each year
Total: $999
Names of directors and shareholders are not
made public.
Options:
Corporate Seal: $100 (required for bank acc)
DHL/FedEx Courier: $100
Assistance to open a bank account in Dominica at the largest Commercial Bank: $500
Annual maintenance fees
after first year:
Registered Office/Agent: $450 p.a.
Government Licence: $150 p.a.
Total: $600
For all individuals
(not companies) who are directors, shareholders and beneficial owners
we need:
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a certified copy of
identification pages of passport,
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police clearance
certificate
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a copy of their
resume.
These can be faxed, to start the incorporation, but originals will have
to be sent to Dominica.
If you will need a bank
account in Dominica:
The director can be
secretary.
Importantly, copies of all resolutions and accounts, reports of the
company must be sent to the Registered Agent in Dominica, by the
secretary if one is appointed, and if one is not appointed by the
director.
ORDER your Dominica company here
HIGHLIGHTS OF DOMINICA'S REGULATORY REGIME
INTERNATIONAL BUSINESS COMPANIES (IBCs)
DUE DILIGENCE
It is a fact that one of the strongest appeals of an IBC is the corporate
veil and strict confidentiality that it provides. This feature has to be
retained in order to maintain that appeal. However registered agents, in
order to protect themselves, the reputation of the jurisdiction, and the
interest of their clients who want to be domiciled in a reputable
jurisdiction, have a statutory obligation to know their clients, and the
beneficial owners of the company they represent, at all times.
COMPLIANCE ISSUES
The registered agent is required to comply with all the record keeping,
document filing and other requirements under the Act, and laws and
regulations relating to money laundering prevention. The IBC must also
maintain a registered office in Dominica, which may or may not be the
office of its registered agent.
ATTRACTIONS OF DOMINICAN
IBCs
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The IBC Act, in general,
places emphasis on providing ease of operation to international
companies
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There are no statutory
requirements to hold annual general meetings
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The time and venue for
meetings, can be determined by members, and participation in meetings
can be by telephone or other electronic means
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Single directorates,
corporate directors and corporate shareholders are allowed
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Foreign Exchange Controls do
not apply to IBCs
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Shares can be issued for
non-monetary considerations and without par value
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IBCs can apply to be licenced
to engage in internet gaming business
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IBCs can apply through their
registered agents to register ships at Dominica's international
ship registry
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A minimum of one person
can form an IBC
-
IBCs can issue voting shares,
non-voting shares and different categories of voting shares
-
Can issue common shares,
preferred shares, limited shares or redeemable shares
-
The share register which must
be held at the registered office or by the registered agent of the
company, can be kept in any form approved by the directors, but if held
in electronic or other data storage form, legible evidence of its
content must be available
-
Dominica offers on-line
registration of IBCs. An IBC can be registered in Dominica any time of
the day and any day of the week
-
Dominica grants its IBCs a
20-year exemption from the payment of taxes, duties and similar charges
ARE SHELL BANKS ALLOWED?
No. In order to adequately regulate licensees, the legislation requires
licensees to have a physical presence, which means that, at least one
senior executive must be based in Dominica, and all books and records must
be kept in Dominica.
WHO CAN BE DIRECTORS AND
MANAGERS?
Only individuals who are of 'fit and proper' character with appropriate
experience.
DUE DILIGENCE
The due diligence requirements are aimed at protecting the clients of the
licensees, the licensees, and Dominica's good reputation Every
shareholder, beneficial owner, and proposed director and senior officer of
the applicant must complete and submit the required Disclosure Form as
well as the Personal Questionnaire. The outcome of the due diligence
checks will determine the likelihood of a licence being granted by the
authorities.
SPECIAL TAX PROVISIONS
The licence holder is exempt from paying income tax, or any other direct
tax levied in Dominica, upon its profits or gains in respect of its
business in Dominica. Accordingly, licence holders are not required to
submit tax returns in Dominica. When specialist services, which are not
readily available in Dominica must be sourced from overseas, special
incentives (by way of tax- free salaries and payment of salaries in
foreign currency) will be granted.
Licensees are also granted duty free concessions on imports, which are
related to the conduct of their offshore banking business. Service charges
however are not waived, but these tend to be minimal.
CONFIDENTIALITY
Existing legislation provide for the imposition of a fine of $10,000 or a
term of imprisonment for one year on anyone who except when lawfully
required to do so, discloses any information (which he has acquired in the
performance of his duties under the Act) on any licensee or customer.
COMPLIANCE ISSUES
We work closely with the applicant to ensure that the application is
prepared according to the guidelines issued by the authorities. We review
all required supporting documentation to ensure that there are no
unnecessary delays at the processing end.
On receipt of the licence we,
and the management team including the bank's Compliance Officer work
together to ensure that the bank meets its statutory obligations including
those relating to the prevention of money laundering, as well as meeting
capital and reporting requirements, and other prudential guidelines.
INVESTMENT OPPORTUNITIES IN
DOMINICA
The existing law allows offshore banks, licenced in Dominica, to
participate in the financing of major employment and foreign exchange
generating projects. By this process the banks can demonstrate that they
are good corporate citizens.
INTERNATIONAL TRUST
There is existing, modern
legislation that makes provisions for the registration of international
trusts and for matters connected therewith.
DUE DILIGENCE
Every shareholder, director or
senior officer of a trust company must complete the Disclosure Form, and
the outcome of the due diligence check and assessment of relevant
experience will determine the likelihood of a licence being granted or
not. In addition to the Disclosure Form there is a Questionnaire to be
completed by each as well.
COMPLIANCE ISSUES
We work with the applicant to ensure that the application is completed in
accordance with guidelines set by the regulatory authorities. We review
all required supporting documentation to ensure that there are no
unnecessary delays during the processing of the application by the
authorities.
On receipt of the licence, we
work with your management team to ensure that the company meets its
statutory obligations including those relating to the prevention of money
laundering, capital, and reporting requirements.
SOME REASONS WHY YOU SHOULD
REGISTER YOUR INTERNATIONAL TRUST IN DOMINICA
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Trust income in Dominica is
not subject to tax, beneficiaries are not subject to tax on their
income. There are no stamp duties or similar taxes payable when property
is passed to a trustee
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The Act protects the
Settlor's wishes by providing that a trustee can only invest trust funds
in securities and assets authorized by the instrument creating the trust
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The Act allows beneficiaries
to trace and recover trust property in the event that the trustee mixes
up the assets with other 'non-trust' property
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The Act imposes penalties on
a trustee who commits or concurs in a breach of trust
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The Act allows for the
registration of spendthrift, charitable and non-charitable international
trusts
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There is provision for the
appointment of a protector of the trust
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The Trust is governed, solely
by the laws of Dominica, foreign judgements are therefore not
enforceable, and the application of foreign laws expressly excluded
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The Act allows for the
appointment of a single Trustee
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The entry in the register of
Trusts can only be inspected if a Trustee gives written authorization to
someone to inspect the entry
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An international trust
registered in Dominica is protected from forced heirship rights
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International trust
instruments are registered by the Registrar who is required to maintain
a closed register.
EXEMPT INSURANCE
WHO CAN BE AN APPLICANT?
WHAT CAN THE APPLICANT DO?
The Act allows for the licensing of exempt insurance companies, and for a
company to obtain a licence as a Management Company to provide management
services to exempt insurance companies. Residents who obtain the necessary
approval of the Minister can be licenced as Management Companies to
provide accounting, administrative, brokerage and underwriting services,
and the processing of claims for exempt insurance business. We possess the
expertise and network to provide your exempt insurance company with the
management services it requires.
The exempt insurance company
may retain a Management Company but must have a registered office in
Dominica and must have a Resident Representative in Dominica who has a
statutory obligation to work with the licensee to ensure compliance with
the provisions of the Act.
The Act further makes provision
for a body corporate under the Companies Act on successful application to
be licenced by the Minister to act as a Holding Company. The sole
objective of the Holding Company must be to own shares in a company whose
objectives and activities are the transaction of exempt insurance business
from within Dominica, the beneficial shareholders must not be residents of
Dominica, and at least one director must be a resident citizen of
Dominica.
DUE DILIGENCE
Dominica's due diligence requirements for financial institutions are
always aimed at protecting the financial institutions, their clients, and
Dominica's reputation. Every shareholder, beneficial owner, proposed
director and senior staff is required to complete the Disclosure Form. The
outcome of the due diligence checks with respect to fitness of character
and relevant experience where appropriate, and ability to meet solvency
requirements will determine whether or not a licence will be granted.
SPECIAL TAX PROVISIONS
The exempt insurance company, holding company or management company, are
exempt from income tax or any other direct taxes on profits or gains, and
are not required to submit tax returns in Dominica.
CONFIDENTIALITY
The Act prohibits the disclosure of any information relating to the
affairs of a licensee or the application of a prospective licensee, which
does not form part of public records unless a court of competent
jurisdiction so order- The penalty for breaching this confidentiality
provision is a fine of $10,000 or a one-year term of imprisonment.
COMPLIANCE ISSUES
The management of the exempt insurance company or its retained
Management Company, the Resident Representative/ Compliance Officer, and
directors are required to work as a team to ensure that capital and
reporting requirements are met, prescribed solvency requirements are
adhered to, and statutory obligations with respect to anti-money
laundering measures are in place and complied with.
INTERNET GAMING AND WAGERING
WHAT CAN THE LICENSEE DO
The licenced Internet Gaming Company can offer internet sports-book
business, cyber-casino business and 800 number betting business to its
offshore clients
DUE DILIGENCE
Every shareholder, beneficial owner, proposed director and senior staff
must complete the Disclosure Form. The result of the due diligence checks
particularly relating to fitness of character, and relevant experience
where appropriate will weight heavily in determining whether the licence
will be granted or denied.
COMPLIANCE ISSUES
Every licenced Internet Gaming Company must have a local office and
address, and a resident agent.
The resident agent, the
registered agent where the registered agent is not the resident agent, and
the management are required to work as a team, in ensuring compliance with
the IBC Act, the terms of the Contract of Concession for the licence, the
Technical Standards and Guidelines, and statutory obligations relating to
money laundering prevention. One of the technical standards requirement is
that the system be configured to deny entry to any would-be player from an
address in Dominica
TAX PROVISIONS
Like the offshore banks, Internet Gaming companies are exempt from payment
of income tax and other direct taxes on income or profits from their
business operation, and are granted duty free concessions on business
related imports
INTERNATIONAL SHIP REGISTRY
Existing legislation provide for the establishment of the Dominica
Maritime Administration, the operating of an international ship registry
and creation of a maritime programme consistent with international law.
Under the Act, the Maritime Administration Unit was established in early
2000 with offices in Washington and Dominica, to develop and maintain an
effective Maritime Administration to ensure that the Dominica flag remains
one of quality and responsibility.
The International Ship Registry
allows ships owned by entities outside Dominica to be registered under the
Dominica flag. Any IBC or other company can apply. Registration gives
ships a national entity and recognition under international law. Dominica
is committed to ensuring that all ships under its flag comply with the
design, construction, operational and technical standards required by
international treaties.
BENEFITS OF DOMICILING YOUR BUSINESS IN THE ISLANDS
The islands offer to the
international investor:
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Economic and Political
Stability
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A legal system based on
English Common Law
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English as the official
language
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Easy air access to
international destinations, and just about 3 hours flying time on
average, to Miami
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No exchange controls, and a
stable local currency with relatively low rates of inflation
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Cutting edge
telecommunication facilities and overall lowering of costs as a result
of liberalization in that sector
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Exemption to offshore
companies from duties on business-related imports and income tax on
their operations. Dominica, for instance, is a zero tax jurisdiction for
offshore companies and has no Capital Gains Tax.
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A cadre of tertiary level
professionals and secondary level trainable graduates.
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Accommodating and regular
review of legislation and regulations to preserve confidentiality and
also to screen out those with undesirable intentions, so you will always
be comfortable
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The presence of international
banks including Barclays Bank PLC, Bank of Nova Scotia in most of the
islands, and in addition in Dominica Banque Francaise Commercial
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The facility to apply for
second citizenship in Dominica, Grenada and St Kitts or permanent
residency in Antigua
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A relaxing and friendly
environment in which to conduct business
BENEFITS OF CHOOSING
OffshoreSimple
We offer:
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The expertise of a network of
professionals across the islands
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A practical understanding of
the peculiarities and strengths of the islands, and ability to put you
in touch with the island that specifically suits your needs
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Directors who understand and
are responsive to the needs of investors in terms of confidentiality and
efficiency of service
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Directors who also understand
your desire to domicile in a country with good reputation, that meets
industry best practices
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Awareness of its
responsibilities relating to reputation building and compliance with
money laundering laws and regulations in the islands, and an obligation
to take such precautions as will adequately safeguard itself and its
bona fide clients
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Professionals who have
established track records in their respective areas of expertise in the
field of corporate management and support services, and who operate
successful private practices
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The ability to communicate
with you in Spanish, French or English
ORDER

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Whilst
every effort has been made to ensure that the details contained herein are correct and
up-to-date, it does not constitute legal or other professional advice. We do not accept
any responsibility, legal or otherwise, for any errors or omissions.
Please go to our Uses of offshore Companies Page where you will
find interesting information on the benefits of using offshore companies and trusts for
business and personal use, links to information on other locations and details of our
products and services.
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