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  ** STOP PRESS **
  • Credit crunch
  • Onset of recession
  • Investment values plunging
  • Time to consider a new shelter from the avalanche of doom?
ILS Fiduciaries provide corporate solutions to managing wealth.

It's never too late to re-organise in order to be sure that wealth is in a safe place.

If you are a worried executive in a bank or financial institution with corporate portfolios, trusts or foundations spread amongst various providers, it's a good time to consider re-housing them with ILS at preferential rates.

Contact: Alan Cable


 
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Newsletter | Articles
FOCUS ON NEVIS
The decline of sugar, bananas and other agriculture as export crops, an increase in global competition combined with a need to diversify the economy, expand the economic base and generate employment led Nevis to establish itself as an offshore finance centre following the grant of independence. Nevis is now part of the federation of St Kitts and Nevis which has been an independent state within the British Commonwealth since 1983.

Nevis has now introduced measures which have caused it to be removed from the FATF & OECD lists. It has enacted or amended legislation to prevent, detect & combat money laundering & other financial crimes. It has appointed an independent regulator and has established a Financial Services Department and a Financial Intelligence Unit.

It also belongs to the ITIO - grouping of 16 small and developing nations and 5 observers working together to strengthening their positions with initiatives such as the OECD and EU Directive.

Corporations and LLCs
It launched itself in 1984 with the enactment of the Nevis Business Corporation Ordinance and immediately concentrated its energies on becoming a leader in offshore company formation.

This effort greatly benefited Nevis by attracting steady growth and respectability leading to its evolution as the mature centre it is today. The many benefits of company formation provided for by the enactment of the Nevis Business Corporation Ordinance in 1984 continue to remain true today namely;
  • No disclosure or reporting of ownership and management to any Governmental or local authority.
  • Flexible provisions for share issuance including bearer shares, shares of no par value, foreign currency denomination and purchase and redemption of shares from surplus.
  • No residency or nationality requirement for Directors, Officers or Stockholders.
  • Streamlined transfer, amendment and dissolution provisions.
  • Inexpensive company registration and annual costs.
  • Expeditious company registration and document issuance/filing procedures.
Legislation
The 1990's saw the expansion of offshore services with the enactment of additional offshore legislation and the attraction of trust operators committed to the continued growth, success and respectability of Nevis as an OFC. The additional offshore legislation enacted was:
  • Nevis International Exempt Trust Ordinance 1994
  • Nevis Limited Liability Company Ordinance 1995
  • Nevis Offshore Banking Ordinance 1996
With the exception of the Banking Ordinance, the common elements of the statutes are the streamlined statutory registration procedure, annual requirements and competitive fee schedule.

Trusts
The Nevis International Exempt Trust Ordinance was enacted by the Nevis Government in direct response to the growing needs of international lawyers, fiduciaries and practitioners for a progressive trust statute incorporating modern trust concepts. One of the major benefits of The Trust Ordinance is the utilisation of a Nevis company established under The Nevis Business Corporation Ordinance in conjunction with a Nevis Trust. In addition to the recognition of common law trust principles, the Trust Ordinance includes special provisions to enhance the use of Nevis as a preferred jurisdiction for the establishment of Asset Protection Trusts.

Highlights of the Trust Ordinance include;
  • exempt from all forms of Nevis taxation and exchange controls.
  • trustee may be either a trust company licensed to do business in Nevis or a company incorporated under the Corporation Ordinance.
  • proper law may be the law of Nevis or the law of another jurisdiction.
  • rules against perpetuities does not apply.
  • legal challenge must be made within one year of settlement
  • forced heirship rules cannot invalidate a trust
  • Permissible spendthrift and charitable trusts
  • USD $25,000 bond requirement prior to the commencement of an action or proceeding against trust property
  • Under the Trust Ordinance, the trust deed is not required to be registered and therefore remains a private document which ensures Confidentiality of the settlor and beneficiaries.
The impetus for enacting The Nevis Limited Liability Company Ordinance was the extraordinary popularity for limited liability companies "LLC's" in the United States. Each of the 50 U.S. States have legislation governing the recognition of limited liability companies the most popular being the LLC laws of Delaware and Wyoming.

Nevis LLC's which are analogous to French SARL's and German GmbH's are provided full tax exemption in Nevis and treated as a transparent entity for U.S. tax purposes as well as for possible other countries. In addition, with proper structuring and planning the Nevis LLC can be used as a structure providing asset protection features similar to those of a trust without the limitations on control generally required of trusts. Further advantages of the LLC Ordinance include:
  • Flexible ownership and management provisions
  • Recognition of single member LLC
  • No return or reporting requirements
  • Foreign entities may be redomiciled to Nevis as LLC
  • Exemption from all Nevis taxation and exchange controls
The Nevis Government established a Financial Services Department and has appointed a director responsible for the regulation of the offshore sector.

In 1998, the Nevis Island Administration established the Nevis Financial Services Department (FSD) within the Ministry of Finance and appointed a Director of international stature. The establishment of the department ensures that a dedicated staff administers international financial services from a centralized location.

Summary - the Nevis Advantage:
  • Stable government based upon Westminster model.
  • Easy accessible to Europe & North America.
  • Excellent telecom facilities.
  • Newly renovated airport & roads.
  • 98% literacy level.
  • Adaptable & trainable workforce.
  • Cutting-edge legislation.
  • Easy registration of companies.
  • Large availability of names.
  • Reasonable incorporation and renewal fees.
  • Over 50 registered agents with considerable expertise.
  • No personal income taxes.
  • Exemption of offshore companies from taxes.
  • The granting of tax holidays, exemptions & concessions.
  • Solid reputation with commitment to having proper regulatory regime.
Technical information is on our datasheet.