INTRODUCTION
The Cayman Islands, which comprises of
three islands in the Caribbean Sea south of Cuba,
is a British Dependent
Territory that was originally discovered by Christopher
Colombus. The financial services sector is one
of the main industries in the Cayman Islands,
and there is a substantial commitment to the continued
development of the offshore financial services
industry. The reputation and popularity of the
Cayman Islands has increased significantly, particularly
in Asia, as it is one of only two offshore centres
that is approved by the Hong Kong Stock Exchange
for public listings in Hong Kong. The Cayman Islands
established its own Stock Exchange in 1997.
LAW AND TAXATION
Cayman Island’s companies law is based on the
English common law. There are two types of Cayman
Islands companies: the Exempted and the Non-resident.
The ongoing licence fees for a Non-resident Company
are slightly less than for and Exempted Company
but they must submit a more detailed annual return
and as such, have not gained great favour in Asa.
The Cayman Islands received a Royal decree in
1978 that would free them from taxes forever and
this decree remains in force. Exempted Compay
names do not have to edn with the suffix ‘Limited’
and may apply for a 20 years tax exemption certificate,
further enhancing their tax exempt status. The
company name may also be expressed in Chinese
characters, so long as its English translation
is provided.
In November 2001, a new agreement with the United
States (US) for the exchange of information was
signed. This provides for the exchange of information,
upon request, for criminal tax evasion, civil
and administrative matters relating to US federal
income. The agreement applies to criminal tax
evasion for taxable periods commencing 1 January
2004, and to all other tax matters for taxable
periods commencing 1 January 2006.
LOCAL INFRASTRUCTURE
The Cayman Islands is the leading financial
centre in the Caribbean with over 584 licenced
banks and trust companies present. All the main
international accounting firms are present and
there are numerous high quality law firms. Communications
and transport links are excellent with regular
flights from Miami which is only one hour away.
CORPORATE REQUIREMENTS
Chinese names are permitted and can be
included on a company’s Certificate of Incorporation.
All Exempted Companies must have a registered
office provided by a licenced service provider
agent. A minimum of one shareholder and one director
are required and corporate directors are permitted.
The Registers of Directors, Officers and Charges
shall be kept at the Registered Office. A copy
of the Register of Directors and Officers must
be filed at the Companies Registry but is not
available for bublic inspection. Every Exempted
Company must keep a Register of Members and the
original or a copy should be kept at the Registered
Office. Whilst bearer shares are permitted, in
practice they are not encouraged and beared share
certificates must only be held by approved custodians.
Annual returns must be lodged but this does not
disclose details of the directors of members.
In April 2001, the Cayman Islands issued new
due diligence guidelines requiring disclosure
of information on all officers, members, beneficial
owners and authorised signatories of Cayman Islands
companies to service providers such as agent.
This information is required by law for all new
companies and must be provide by existing companies
within a set transitional period. Such information
is confidential, under the Confidential Relationship
( Preservation) Law, which makes it a criminal
offence to divulge confidential information or
to wilfully obtain or attempt to obtain confidential
information relating to a Cayman Islands company.
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