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Panama IBC and Foundation setup

 

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FAQ Why Panama? Order

Questions...

  What is an IBC?

  What is a Foundation?

  How long does it take to incorporate or setup a Foundation?

  Which is better? An IBC or a Foundation?

  What are the advantages of going offshore?

  After paying the setup fee, what happens next?

  What is the tax rate in Panama?

  Will my details be on the Panama Public Registry?

  What names can I register in Panama?

  Do you provide banking solutions in Panama?

  What documents are required to setup an IBC or Foundation in Panama?

  What are Bearer share certificates?

  What are Nominee Directors?

  What are on the public records in Panama?

  Do I need a Nominee Director or Nominee Founder?

  Can I be appointed as Director, Secretary and Treasurer?



Answers...

An IBC (International Business Company), is a company formed in offshore jurisdictions. An IBC is not allowed to engage in local business activity in the country it is incorporated in.

Some of the benefits of an IBC in Panama include:

1.  No reporting requirements.
2.  No citizenship or residency requirements.
3.  No corporate income taxes.
4.  Possible to keep the company under direct control whilst maintaining complete anonymity.

A Panama Private Interest Foundation is an entity that is crossbred between a trust and a corporation. Characteristics of a Private Interest Foundation in Panama:

1.  A legal entity that does not have owners.
2.  Setup to benefit a specific group of individuals, known as beneficiaries.
3.  Offers clear advantages for international estate planning.
4.  Ultimate in privacy and protection of assets.
5.  May not engage in commercial profit generating activities as a corporation can. The Foundation may make profits by investing in stocks, mutual funds, bonds etc., however these profits must then be for the benefit of beneficiaries of the Foundation.
6.  Can be used for transferring funds offshore or receiving funds from offshore.
7.  Used to hold assets such as corporations, trusts, bank accounts, real estate or other assets.

A Panama Private Interest Foundations is often used by people who wish to control a foreign corporation, such as an IBC, however, do not wish to own their corporations directly themselves. This effectively is a way around the Controlled Foreign Corporation (CFC) rules in their home countries.

High tax countries as the UK, Australia, New Zealand, France, Canada, the USA, Italy and Spain have CFC rules that require its residents to declare to tax authorities any ownership they have in foreign corporations. By using a Panama Private Interest Foundation, then ownership of an IBC will be with the Foundation. The company shares are then issued to the Foundations' name.

A Private Interest Foundation consists of the following:

Founder: The person or entity that originally establishes the Foundation. This will usually be the agent who goes to the public registry. The Founder has no influence over the control of the Foundation.
Council: Similar to the board of directors for a corporation. The names and addresses are registered in the public registry, hence we recommend a Nominee Foundation Council for Clients. The Nominee Foundation Council has no control over the Foundation or any of its assets. Clients who choose to use a Nominee Foundation Council will receive pre-signed and undated resignation letters from each Nominee Foundation Council member. This allows members to be replaced at any time.
Protector: The person or entity that controls the Foundation and all assets held within. The Protector can remove the Foundation Council members at any time without the consent from anyone else.
Beneficiaries: As a Foundation does not have owners, it will instead have beneficiaries. This is similar to a corporation having shareholders. A Panama Foundation is often setup that the Protector is the sole beneficiary, and upon death, the Foundation continues with a new Protector.
Letter of Wishes: A simple letter that states how the Foundations' assets are to be managed and distributed upon an event being triggered such as death or incapacity of a Protector. The Letter of Wishes can be changed at any time, and held privately with the Protector.

Upon receipt of your setup fee, and lodging the required application forms to the local government in Panama, you can expect your IBC or Foundation to be setup within 2~3 days. Your documents will then be shipped to you via registered mail.

An IBC and Foundation are different entities setup to achieve different goals. If you do not engage in commercial activities to make a profit, then we suggest a Foundation to protect your assets. If you engage in commercial activities to make a profit, then we suggest an IBC. IBC owners may then further consider a Foundation to hold their assets.

There are many, but the main reasons people choose to go offshore include:

1.  Tax exemption
2.  Asset protection
3.  Remove red-tape and annual reporting requirements
2.  Anonymity and privacy

We will contact you within 24 hours to finalize your needs. You will then be asked to submit an online application form. The online application will gather your details which will be used when establishing either your IBC or Foundation.

There is zero tax rate on corporate profits for IBCs and zero tax rate on profits from Foundations.

If you decide to use the services of a Nominee Director or Nominee Foundation Council, then your details remain anonymous and not entered on the Panama Public Registry.

Names must end with Limited, S.A., Inc., Corporation Incorporated or S.A. to denote limited liability. Names which include reference to Assurance, Bank, Building Society, Chartered, Co-operative, Municipal, Fund Management, Insurance or Trust require a special license.

Yes. We can open corporate and personal bank accounts in Panama for Clients who have already setup an IBC or Foundation through us. Fees start from $500 and the services provided will depend on each bank.

To satisfy OECD requirements, all Clients need to provide valid identification by means of a passport copy or national photo ID.

Bearer share certificates indicates that the holder of a share certificate is the one whom holds title or ownership. No records are kept of ownership, as the holder of the bearer certificate takes on the ownership. Bearer share certificates can be used to avoid transfer taxes in certain situations.

A Nominee Director is taken by a 3rd party professional director, and is included free of charge for the first year when setting up an IBC with us. A Nominee Director should be used as it effectively shields the management of an IBC from public records.

The Nominee Director merely fills the position and doesn't get involved in the regular affairs of running the company. The Client will maintain control of the company. To do so, a Power of Attorney is drawn-up appointing the Client of their own company as representative. This allows the Client to raise invoices, sign contracts, operate bank accounts an so forth.

Furthermore, Clients who choose to use a Nominee Director will receive pre-signed and undated Nominee Director resignation letters from each director. This allows directors to be replaced at any time.

A corporate / foundation search will reveal the entity name, date of establishment, amendments, names of directors and corporate officers, foundation council members and any other publicly filed documents. Shareholder names are not required to be listed, hence remain confidential.

A corporate / foundation search will reveal the entity name, date of establishment, amendments, names of directors and corporate officers, foundation council members and any other publicly filed documents. Shareholder names are not required to be listed, hence remain confidential.

You can be appointed as a Director, however one person cannot hold more than two positions (minimum required by law is three positions). The Client (owner of the company) can choose who to appoint, or can use our nominees services if required for anonymity reasons.

 

 


 

 

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