Offshore Company Formation: What Is Needed For Registration
Filipina Moldvovia
Incorporating an offshore company can be a pain free process that provides you with greater financial privacy and flexibility if you get your legal knowledge from someone that really knows the offshore corporation game. There is no grand mystery about setting up an offshore company but if you try to do this without enlisting a professional you may be setting yourself up to be scammed so you best be careful.
In some instances, you may not have a choice in the matter since some jurisdictions automatically appoint or assign a registration agent. His primary responsibility is the handling of all official communication between you and the registrar. And since you will most likely be dealing with a country that may or may not have a registrar that speaks English, having a translator is probably not such a bad idea.
Offshore company incorporation results in 4 to 7 documents of importance once completed. These documents vary depending on what type of company you registered and how the company is configured. These documents are;
Certificate of Incorporation, Limited Power of Attorney by Notary and Apostille (upon request), Memorandum and Articles of Association, Minutes of the first registration meeting (if there was one), Set of certified copies of all primary documents by Notary and Apostille, Share Certificates (should there be any) and Share stock transfer form / declaration (should there be any).
Interestingly enough, many jurisdictions have registration "packets" ready to be filled out and turned in to the authorities. Of course, there is no end to the companies online on the internet that will gladly take your money and assist you in the registration process, all from the convenience of your chair at your desk.
In most cases, your company's documents will require certification, since documents that are issued in one country are usually acceptable on in the country of issuance and nowhere else. A government officer, such as the Registrar of Companies, or a notary official can usually handle the certification of all documents, again for a fee. Most countries a uniform system called a "2nd Tier Certification" of public documents in order to make a document acceptable from a legal standpoint. This all came about due to the Hague Convention of 1961 wherein the Apostille legislation was drafted and ratified.
What this 2nd Tier Certification amounts to is basically the same thing as a witness to a notary. The signature of the person conducting the initial local certification is confirmed by a 2nd level certification stamp. This stamp is referred to as Apostille and a designated government office, such as a Foreign Affairs office, is usually the issuing party. And just like with an automobile registration, this process is very similar in that it is renewable every year pursuant to the original date of registration in your documents.
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