ASSET PROTECTION STRUCTURE
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Asset Protection Strategy
Now, considering you have the purpose of bringing legally into your residing country, some of your offshore funds for your onshore expenses, most probably the most suitable solution will be the formation of a Private Limited Company in United Kingdom, which you can locally (in UK) keep it indefinitely as a non trading Company, just by filing every year the DCA form, to provide it the status of a Dormant Company, and open a branch of it in US.
Why a UK Private Limited Company? Because of its credibility, for not being a "traditional" offshore Company, and thus not to drop the attention of the tax authorities in the country where you want to bring some of your funds into.
This UK Company will be used exclusively as the way to enable you to bring funds from offshore to onshore.
Just like on the dual entity earlier proposed, you can never have your name officially registered neither as Shareholder nor as Director of the UK Company.
To accomplish this purpose you have 2 options: either you register the shares of the UK Company in the name of your Private Interest Foundation – thus keeping your previous dual structure for your asset protection goal, or you contract our Nominee Directors services to have their name on the Company's official records in UK.
The management of the Company will be granted and executed by yourself, through a Power of Attorney issued by the Nominee Director in your behalf, granting you all powers you may need, to open the branch, bank accounts, make all necessary and relevant investments for the Company in your residing country (or investing country – where you wish to make some investments abroad).
The issuance of such POA will be accompanied once more by a "General Manager Agreement" between yourself and the UK Company, documenting your role as General Manager/Attorney – never as a Director. Once more, this will enable you to receive a salary and/or commissions from offshore, and justifies some minor income in your country.
However, when thinking of bringing onshore major funds, you will have then
the possibility to do it, in several steps by means of:
1 - importing the necessary capital to open the branch of the UK Company in US - this will be resolved by a General Board of Directors Meeting where the amount will be decided; in same Company's Minutes, it will be decided to open the branch, and to grant you the referred POA to rule and manage the branch;
2 - just like any other Company, the branch may need to have its own Company 's car or office, and, for such purposes, the UK mother Company can once more deliver funds to its branch to cover such investments, which will be made under the UK Company's name, and not on your name;
3 - regularly the UK mother Company can transfer funds onshore to cover regular month expenses of its office.
All this process will have our permanent assistance, in order to provide you all steps and legal documents issued in UK relating official resolutions as above, and thus justifying all the imports of capital onshore through the Company branch bank account you will open, as signatory and attorney - but not and never as Director.
A UK Limited Company can also perform and be used for asset protection, since you will always use either a Holding Company (or Foundation) to act as shareholder, together with a Nominee Director.
For this specific subject of transferring funds from offshore into onshore it's much more advisable to use a branch of a UK Company with all the credibility this jurisdiction can offer you.
As to the Company's shareholder - either you hold yourself the share capital through your own Private Interest Foundation (**), or by contracting our Nominee shareholder services.
To finalize this structure, we also recommend you to have a full serviced virtual office in UK, including a commercial address with re-forwarding services, and a private and direct telephone and fax line, so that you may get all mail, calls and faxes addressed to the mother Company.
In the eventuality your funds offshore reach “considerable” amounts, and you wish to make some important investments onshore, a few remarks must be pointed out.
All funds must always stay offshore and be brought onshore only after you have a perfectly settled offshore structure to make face to the investments you wish to accomplish either onshore or abroad.
However, this changes a bit the structure, not on its quality/model, but on the diversification you must create.
To use just one UK Company to carry out all investments, this will not be too much advisable. Instead you must create more than one single UK Company, and each one with different addresses in UK, and also separate and different shareholders and directors, so that there will be no connection between them.
Also as referred before, you must keep your 100% anonymity and confidentiality as to the companies, never having your name registered officially in UK, neither as shareholder nor as director.
However you can represent them all in your investing/residing country, as a business man you are, with separate General Manager Agreements, one for each Company, and separate powers of attorney.
Each UK Company must have a branch in your investing/residing country, and most probably and advisable, not all in the same state. The more you split them and keep them apart, the better.
In case your investments will be diversified for several areas, like real estate, and other businesses you may decide to enter into, we would recommend you to have a specific project allocated to a specific UK Company.
The advantage is not to have too much funds/investments concentrated on each Company - it's always advisable to try to keep a Company profile as lower as possible. This will have to be you to judge the amounts of each investment to be allocated to each Company.
If you will incorporate 2 or 3 companies in UK, you will have to open the same number of branches in your investing/residing country. One for each mother Company.
Also the bank accounts you will open in your investing/residing country for each one of your UK Company branch, must be diversified - not to have all bank accounts with the same bank. We strongly recommend you will use separate banking institutions, one for each bank account onshore. And also offshore.
As to the model to be used for you to control all companies, you may consider the same model, as in this matter, nothing needs to be changed.
For the share capital of all these UK companies, we also suggest you will use several holding entities, formed in UK - now with extremely advantages – to hold the capital of each UK limited Company. (*)
(*) Please check UK Holding companies from our main menu.
The only difference is that the Panamanian private interest foundation can, in the end of the line, hold the 100% of the capital of the UK holding companies, bearing in mind all the terms and conditions we suggested you.
On the top of the structure you will have your Private interest foundation, holding the share capital of the separate UK holding companies, which, in return, will hold, each one, the capital of each UK limited Company – on the lower level of the structure.
The offshore strategy is a whole world and everything can be tailored to suit exactly all your needs and requirements.
For any additional information, please contact us – free consultation.
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