| FORMATION
OF COMPANIES IN OTHER JURISDICTIONS
BAHAMAS CORPORATIONS
One of the newest Caribbean
jurisdictions that, as a result, has benefited from mistakes that
others have made by implementing highly flexible legislation which
allows operation of the company's affairs in the way most desired
by the beneficial owner Very cost effective. Once incorporated a
Bahamian IBC is guaranteed exemption from Bahamian taxes for twenty
years.
The following information is available on the public file
Memorandum & Articles of Association/Registered Office &Registered
Agent/Registered of directors.
The following documents must be kept at the Registered
Office
Copies of the Register of Members and Register of Directors together
with an impression of the seal
Corporate books & seal
Financial statements and Annual Return are not required.
Meetings
There is no restriction where are meetings to be held. A general
meeting of all IBCs shall be held at least once in every year.
Company Law
The International Business Act, 2000; the financial and Corporate
Service Providers Act, 2000(came into force on December 29, 2000).
Incorporation of an IBC
The law requires a minimum of two incorporators. When the company
is registered, control of the company is passed over to the interested
party by appointing as first directors (individual or corporate)
those indicated by the client. The directors, in turn, arrange,
the issuance of shares and take the other decisions to commence
business.
Annual License fee
There is an Annual Licence of US$350.00 for a company with a standard
capital of US$50,000.00, and it could increase to a maximum of US$1,000.00,
depending on the authorized capital of the corporation.
Shareholders/Beneficial Owner
Registered Agents shall keep a record of the name and address of
the beneficial owners of all IBC’s and the details of the
client’s principal place of business, business address, telephone,
facsimile, telex numbers and electronic address of the principals
or professionals concerned with the client and two sources of reference
to provide adequate indication of the reputation and standing of
the client.
Issuance of Shares
IBC’s may only issue Registered shares.
Directors/Officers
- The board of Directors of a company shall consist of at least
one person who may be individual or a company.
- The names and addresses of the directors and officers must
be noted on the Directors’ and Officers’ Registers.
This document shall be filed with the Registrar and shall be open
to inspection by members of the public during official hours.
- The name of an alternate director, if any, shall be disclosed
and notified to the Registrar.
Authorized Share Capital
There is no minimum authorized share capital for IBC’s nor
a minimum capitalization requirement. The maximum authorized capital
permitted for the minimum annual License fee payment is US$50,00.
Registered Office
Every IBC may appoint a Registered Office.
Amendments
IBC’s can amend their Memorandum and Articles of Association
by shareholders’ resolution or, where permitted by the Memorandum
and Articles, by a resolution of directors.
Changing the name of an IBC, increasing or decreasing authorized
capital, dividing or combining shares and changing the maximum number
of directors, among other things, requires amendment of the Memorandum
and Articles. Amendments must be filed with the Registrar for public
inspection and become effective on registration.
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