2. Offshore financial services Flashcards
What financial services may be provided by the offshore financial services sector?
- Trust and company business services
- Insurance services
- Investment management services
- Banking services
- Legal services
- Tax compliance and tax planning services
What do offshore centres do to gain a competitive advantage?
Develop new suitable laws and procedures to meet the needs of a worldwide client base.
What is a fiduciary relationship?
Exists between the trustees and beneficiaries of a trust, whereby the trustee has a duty to act in the best interest of the beneficiary.
(A similar relationship exists between shareholders and the directors of a company)
What is an overlying trust?
A trust that owns 100% of the share capital of a company.
What is an underlying company?
A company who’s share capital is wholly owned by a trust.
What is a trust?
Legal arrangement whereby the settlor properly vests the legal ownership of assets (later referred to as the trust fund) to the trustee for the benefit of the beneficiaries.
Where does a trust’s legal capacity lie?
Trusts have no separate legal personality, all business is conducted in the name of the trustee.
What is the separation of ownership in a trust?
Legal ownership lies with the trustee, while equitable ownership lies with the beneficiaries. This has many uses in finance planning.
What is a company and its legal capacity?
An association of people who come together for business and profit making. A company has its own separate legal personality, thus it conducts business in its own name.
Who owns and manages the company?
The company is owned by the shareholders and managed by directors.
Where does liability lie for a company?
Should the business fail, shareholders are only as liable as their unpaid shares that they may owe to the company.
What are the uses of companies? (5)
- Holding investment portfolios
- Trading
- Holding real estate
- Holding intellectual property rights
- Holding specific assets such as planes or yachts
What is a partnership?
Arrangement between partners who work together to make a profit.
What are examples of partnerships?
- General partnerships
- Limited partnerships
- Incorporated limited partnerships
- Separate limited partnerships
What are foundations and how do they differ from companies and trusts?
- Have a separate legal personality
- Do not have shares
What are the different types of corporate vehicles used in offshore centres?
- Foundations
- Partnerships
- Trusts
- Companies
What are services provided by trust and company business service providers that are usually regulated?
- Company administration services to include providing directors, company secretary and registered/administrative office address and nominee shareholders
- Trustee and fiduciary services
- Services to foundations, such as acting as a member of a council of a foundation
What are services provided by trust and company business service providers that are usually unregulated?
- Preparation of accounts
- Provision of authorised signatories
- Operating personal bank accounts for beneficiaries
- General administration
What range of services are offered by offshore service providers?
- Acts as formation agent
- Acts as company secretary
- Act as trustee
- Act as partner of a partnership
- Act as director or alternate director
- Act as shareholder/unit holder as a nominee for another person
- Act as a member of a council for a foundation
- Provide registered office or business address
- Provide accommodation/correspondence or administration address
What is the use of captive insurance?
Used by multinational companies to provide a more efficient alternative to that of the conventional insurance market.
How does a captive insurance company work?
It is set up as a subsidiary company of that parent in order to reinsure the risk of the group. The parent company will invest funds in the captive instead of paying out large sums in premiums to conventional insurers.
What are the advantages of captive insurance? (7)
- No insurance sales force means cheaper cover
- Premium kept within group and invested at low tax rates; there may be some tax advantages
- Access to wholesale reinsurance
- Cash flow improved as premium paid in line with groups cash flow needs
- Specialist cover available therefore improves risk management
- Offshore expertise in the captive insurance market
- Offshore captive may lie outside exchange control area aiding currency movements
What considerations are there for captive insurance? (5)
- Size of parent company and current premiums paid
- Capital commitment required at an early stage
- Recognition of exposure to risk
- Parent will be delegating its role in insurance to separate company, therefore less direct over risks
- Exposed to claims and may make real losses
What is an example of when law firms are often involved in financial planning?
Legal advice may be needed in relation to multi-jurisdictional structure to insure that no laws are broken.
Law firms often provide advise on estate planning and complex structuring.
