- Offshore companies. I will advise on, and assist with
formation and management of, companies in all jurisdictions. Specialist
advice is always worth taking, rather than just going to one of the many
agencies which form companies and which may not suggest the best company
for the case in hand.
Those jurisdictions which have adopted English law often have such things
as unlimited companies (with or without a share capital), companies limited
by guarantee (without without a share capital) as well as the normal company
limited by shares.
- Offshore trusts. The common law, or English, trust is
a particularly flexible and useful vehicle for tax planning and asset protection.
There are few things which cannot be achieved with a trust. Certain restrictions
of English law, such as the rules against perpetuities (restricting the
life of a trust) and against non-charitable purpose trusts have been removed
by statute in various jurisdictions. Use of a common law trust may well
be better than a civil law one, even if the trustees are in a civil law
country, as there is a vast body of case law established over many centuries
setting out what a trust is, what it, and the trustees, can and cannot do,
the rights and obligations of trustees and many such matters which may be
not be clearly established in civil law jurisdictions,
which have adopted the trust by statute. The common law trust
is a private document, that is to say, it is not found on a public registry
anywhere and is thus totally secret. It can fix the rights of a beneficiary,
the absolute right to income to A for life and then the capital to
B on A's death or it can be discretionary, giving the trustees discretion
as to how
to distribute the trust's income and capital. It can be partly one and partly
of a purely discretionary trust have in law no right to any part of the trust's
assets: they merely have a right to be considered by the trustees in the
exercise of the trustees' discretion. This can be useful in many areas of
taxation: for example, until 1969, discretionary beneficiaries did not fall
within the Estate Duty charge.
- Second hand trusts. There may be several reasons why someone
does not wish to be a settlor (the person who forms the trust or, in some
cases, someone who funds the trust, even if formed by someone else). A second
hand trust may solve many of these problems.
- Offshore bank accounts.
Specialist advice on where to open a bank account is invaluable to prevent problems in relation to day to day difficulties, disclosure of information, etc.
- Virtual Office and telecommunications advice. I have a good working knowledge of virtual office and telecommunications services. Such services are often invaluable in giving an offshore structure a real presence.