Gray and Co, lawyers, abogados, international legal services, Panama City

Beth Anne Gray J., LL.B. (Hons.) & Victoria Tejada LL.B.

P.O. Box 832-0816 - World Trade Centre - Panama City - Republic of Panama

International Legal Services

 

[Gray & Co]  [About Us] [Contact] [Services] [Service Guidelines] [Resources] [Staff] [Search] [Español]

 

[search]

[site map]

[Up]
[Due Diligence]
[Panama Corporations]
[BVI Companies]
[Anguilla Corporations]
[Hybrid & Guaranty]
[BVI Co. - Guarantee]
[LLCs]

Anguilla Corporations:

[International Business Companies] [Anguilla Business Companies] [Characteristics] [Registration requirements] [Restricted words]

Through associates here in Panama, I am able to offer also companies from Anguilla.  Companies in Anguilla are registered through ACORN (Anguilla's Commercial Online Registration Network), which provides private access to the Anguilla's company registry so that they can incorporate companies online, 24-hours a day.  This ensures a timely response to your incorporation requests. 

It is possible to incorporate in Anguilla both IBC's and ABC's - International Business Companies and Anguilla Business Companies.  We will provide a short description of these entities below and the differences between them. 

Under the new law, it is no longer necessary to file lengthy memoranda and articles of association. In the case of an international business company, the articles of incorporation need only contain the company's and incorporators' names, the registered office and agent, and essential details as to the nature, but not the ownership, of the company's shares.

International Business Companies (IBC):

Because of its ease of formation and limited reporting requirements, the International Business Company (IBC) is often used when it is not intended to carry on business in Anguilla, the company's only business being international.

Such a company may have one or more directors, who may be any person or persons recognised under Anguilla law, including a company, trust or partnership; it may purchase or redeem its shares and meetings may be held anywhere, by telephone or other electronic means.

Furthermore, treasury and bearer shares are permitted and there are no financial audit or statement requirements. Share register inspection is restricted to registered shareholders and domicile can easily be transferred to and from Anguilla.

An international business company may be used in conjunction with other entities, such as a trust or various forms of partnership. It can be migrated in or out of Anguilla.

The International Business Companies Act is available in *.pdf format on the Financial Services Commission of Anguilla website. 

Anguilla Business Companies (ABC):

An ABC is permitted to transact business both internationally and within Anguilla. Because Anguilla is a tax-free jurisdiction, however, it enjoys an advantage over its competitors in many other offshore jurisdictions, where freedom from local taxation is generally dependent on using an International Business Company. Thus an ABC is no less tax efficient than an IBC and can be used instead of an IBC if the slightly more onerous reporting requirements are not considered a deterrent.

The Anguilla Business Company (ABC) is exempt from many filing and reporting requirements of a public company and may also be designed to function with a trust created under the Trusts Act. It has the flexibility to be adapted as a special purpose company for a wide variety of applications.  Like an IBC, it can be migrated in or out of Anguilla.

The Anguilla Companies Act is avaialble in *.pdf format on the Financial Services Commission of Anguilla website.

ACORN Companies Online:

  1. ACORN allows licensed agents to incorporate and file documents 24 hours a day, through a secure digital encrypted access to the system.
  2. Corporate documents are filed in electronic form.
  3. Electronic documents are admissible as evidence in court proceedings and electronic documents filed with or issued by the Companies Registry can be authenticated.
  4. Nevertheless, the authorised agents must maintain the usual high standard of due diligence.

Characteristics and General Details:

Anguilla companies have the following characteristics:

bullet

Share register: Every IBC is required to keep one or more Registers of Shares and shareholders, and at least one copy thereof must be kept at the Registered Office of the company (in Anguilla).

bullet

Books, records and common seal: Every IBC shall have a common seal and an imprint of this seal must be kept at the Registered Office of the Company. Seals must be used if the company enters into a contract which, if entered between natural persons would be required by law to be in writing and under seal. An IBC shall keep such accounts and records as the directors consider necessary or desirable in order to reflect the financial position of the company.

bullet

Annual License fee: If the authorized capital does not exceed US$50,000.00 an annual license fee of US$200.00 must be paid to the government, on or before every anniversary date of incorporation of the company.  If the company fails to pay the annual fee within the period above mentioned, a penalty of an amount equal to 10% of the annual fee must be paid, in addition to the annual license fee. And, if the company fails to pay the annual fee and the penalty due, it shall upon the expiration of three months from the anniversary date, be liable to pay in addition to the annual fee, a penalty of an amount equal to 50% of the annual fee.

bullet

Officers and agents: The directors may, by a resolution of directors, appoint any person, including a person who is a director, to be an officer or agent of the company.

bullet

Power of attorney: An IBC may grant general or special powers of attorney in order for natural or legal persons to act on its behalf to execute contracts, agreements, deeds and other.

bulletContinuation: Continuation to and from Anguilla is permitted under the ordinance. A company incorporated under the laws of a jurisdiction outside Anguilla is entitled to continue as an international business company notwithstanding any provision to the contrary in the laws of the jurisdiction under which it is incorporated.

Requirements for incorporation of an Anguilla Corporation:

In order to register a corporation in Anguilla, either:

  1. One or more persons may incorporate the IBC by signing and sending the Articles of Incorporation to the Registrar, or
  2. An IBC may be formed through electronic means by using the ACORN System.

When setting up the Company, please note that the following applies:

bullet

Name: An Anguilla Corporation, must have either "Limited", "Corporation", "Incorporated", "Society Anonyme", "Sociedad Anonima", "Besioten Vennootshcap", "Gelleschafmit beschrankter Haftung", "Naamloze Vennootshcap" or the abbreviation "Ltd.", "Corp", "Inc.", "S.A.", "B.V.", "GmbH", or "NV" as part of the name.

bullet

Capital: There is no minimum authorized capital for IBC's. When formed through the Acorn System, the government registration fee is US$250.00 regardless of its authorized capital. Shares may be issued as registered shares or in bearer form.

bullet

Registered Office / Registered Agent: Every IBC shall at all times have a Registered Office and a Registered Agent in Anguilla - this is established in the Articles of Incorporation.

bullet

Director:  The company need only have one director, which may be a natural person or corporation.  The first director is appointed by the incorporators of the company.  Thereafter, the director(s) are elected by the shareholders or directors for such term as the shareholders or directors determine.

Restricted Words

The following words require special authorisation (or licensing) before they can be used in a company name:

bullet

Assurance, Assurance Broker, Assurer, Authority

bullet

Banc, Banca, Bancaria, Bancaire, Bancario, Banco, Bancomer, Bancorp, Bancos, Bangko, Bank, Banka, Bankas, Bankasi, Banke, Banken, Banker, Bankhaus, Banki, Bankiers, Banking, Bankin’ny, Bankirsky, Bankos, Bankverein, Banky, Banque, Banquier, Banquiers, Betting, British, Building Society

bullet

Chamber of Commerce, Charity, Charitable, Co-operative, Co-op, Credit, Creditbank, Credit Union, Creditanstalt, Credito

bullet

Discontobank

bullet

European

bullet

Friendly Society, Fiduciary, Foundation, Fund

bullet

Gaming, Gennossenschaftsbank, Girobank, Girozentrale, Government, Great Britain

bullet

Handelsbank, Hypothekenbank

bullet

Indemnity, Insurance, Insurance Broker, Insurer, Iraq, Iraqi

bullet

Kantonalbank, King, Kontrolbank, Kretit, Kredietbank

bullet

Landesbank, Libya, Libyan, Lottery, Lotto

bullet

Majesty, Mutual

bullet

Nationalbank

bullet

Pankki, Patent, Patent Office, Police, Post Office, Prince, Princess, Privatbank

bullet

Queen

bullet

Raiffeisenbank, Re-assurance, Re-assurance Broker, Re-assurer, Red Cross, Re-insurance, Re-insurance Broker, Re-insurer, Royal, Royale, Royalty

bullet

Sparbank, Stock Exchange

bullet

Trade Union, Trust

bullet

Underwriter

bullet

Vereinsbank, Volksbank

bullet

Windsor

For more information regarding incorporation of Anguilla companies (IBCs or ABCs) please contact me.

company limited by shares, company limited by guarantee, ltd., trade practices, trade regulation, fair trade, competition, unfair trade, commercial foreclosure, commercial workouts, international bankruptcy, liquidations, receiverships, reorganisation, reorganization, offshore banking, business formation, business litigation, business organisation, business planning, business reorganisation, business reorganization, business torts, emerging business law, international business law, joint ventures, commercial arbitration, commercial mediation, commercial restructuring, commercial transactions, international commercial law, international commercial arbitration, international sale of goods, mercantile law, negotiable instruments, sale of goods, trade, company acquisitions and sales, company administration, company commercial law, company formations, company registration, offshore company law, panama law, lawyers, lawyer, attorney, attorneys, closely held corporations, family corporations, family business, corporate banking law, corporate commercial law, corporate contracts, corporate control, corporate finance, corporate formation, corporate governance, corporate income tax, corporate organisation, corporate organization, corporate partnerships, corporate real estate, corporate tax planning, corporate trusts, foreign sales corporation, incorporation, international corporate finance, international corporate law, international corporate taxation, nonprofit corporation, securitization, securitisation, small business corporations, takeovers, tender offers, transfer pricing, executive compensation, fidelity and surety bonds, asset based finance, commercial finance, cross border finance, factoring law, private finance, offshore finance, secured finance, structured finance, unsecured finance, captive insurance, casualty insurance, commercial insurance, excess insurance, indemnity, insurance bad faith, insurance bonds, insurance contracts, insurance legislation, reinsurance, risk management, property damage, no fault insurance, subrogation, comparative law, conflict of laws, hague convention proceedings, international treaty law, private international law, central american common market regulation, common market law, international trade arbitration, international trade regulation, latin america trade, world trade, capital markets, collective investment, derivatives, financial services law, financial products, foreign investment, institutional investment, international capital markets, investment company law, investment in latin america, investment in Panama, investment partnerships, mutual funds, private equity, syndication, venture capital, commercial leasing, office leasing, rent review, business acquisitions, international mergers and acquisitions, leveraged acquisitions, merger reorganisation, spin-offs, charitable giving, limited partnerships, partnership organisation, partnership taxation, broker-dealer regulation, international securities, initial public offerings, private placement, public offerings, public securities, securities regulation, class action suit, shareholder remedies, shareholders disputes, shareholders rights, stock exchange law, administrative tax law, audits, fiscal law, income tax, international tax controversies, personal taxation, provincial taxation, tax law, tax legislation, tax incentives, tax planning, tributary law, value added tax, goods and services tax, asset protection, contested estate, estate planning, estate settlement, estates, fiduciary law, international estate planning, international trusts, personal planning, powers of attorney, trust law, trust planning, wealth preservation, contested wills, inheritance law, successions

Up ] Due Diligence ] Panama Corporations ] BVI Companies ] [ Anguilla Corporations ] Hybrid & Guaranty ] BVI Co. - Guarantee ] LLCs ]

Last modified 26-Sep-2007 17:37 -0400

 

Copyright - Disclaimers - Privacy Statement

You may also search www.lawyers-abogados.net using this tool: 
powered by FreeFind

Copyright © 2000 - 2007, Beth Anne Gray J.

For questions or comments, please write to the webmaster

Last modified 26-Sep-2007 17:37 -0400