Pagtuturo
Warning: this tutorial cannot be considered as a personal or legal advice. The contents of this page is for educational and informational purposes only.
If you don’t understand a single thing, please Makipag-ugnayan sa amin, we will be glad to help you!
Our services are usually used for:
- assets’ protection strategies ;
- avoid public records ;
- anonymity ;
- confuse business competitors.
Most strategies explained here are inspired from this excellent book,
by Jay Adkisson & Chris Riser:
our recommended reading!
Talaan ng mga Nilalaman
Dilution of Ownership
Objectives:
- asset protection strategies: creditor recovery limitation1, avoid alter ego ruling, & avoid reverse alter ego ruling
- public records compliance
- statutory compliance (you are alone, but the company you want to form requires 2 or more shareholders/members)
- better business image/reputation
Before:
| Owner |
|
100%
|
| Company |
After, with our services:
| Owner | Other owner(s) |
| |
30% 70%
| |
| Company |
Management Strategies
Objectives:
- asset protection strategy: charging order protection2.
- public records compliance: if 2 or more persons are required
- better business image/reputation
Nominee Manager
Before:
| Same person | |
| Owner | Manager |
| |
| |
| |
| Company |
After, with our services:
| Owner | (Nominee) Manager |
| |
different person
| |
| Company |
Serbisyo sa Pamamahala ng Proxy
When you hire an accountant (or an accounting firm), there is no need to conceal it: because the service is needed to record transactions in the books. It is the same in this case: managing a company could be a service, which has an economic and business reality (it is vital for a company to have managing tasks done, in the same way as of accounting).
Trading entity
| Owner(s)3 | Proxy Management Company |
| |
different persons
| |
| Company |
Some other examples
The most difficult issue in asset protection planning involves control, or more precisely, how to have effective and absolute control over an asset without having to legally own it and thus expose it to creditors4.
A management company could be one strategy5, at the owner of a management company should not be the client6. However, the author given example is mistaken7 because the managing-member of a LLC in the US is a BAHAMAS IBC: in this jurisdiction, only the Director is on public records, the shareholders aren’t! This gives too much concealment… thus our service in the European Union (where everything is on public records) gives a better low-profile & no concealment solution.
Example #1: Non-trading entity, asset holding entity:
| Member(s) | Managing-member: Proxy Management Company8 |
| |
different persons
| |
| LLC |
Example #2: Trading entity
| Nominee Shareholder |
Reverse Director Nominee |
| |
different persons
| |
| Company |
Confuse business competitors
Objectives:
- divide business activities more clearly
- enhance the ability to conquer new markets
- anonymity
- no interference with your current company’s identity.
Imagine that you (or your company) is the leading provider of low-cost ice-cream in your area, but now you want to start selling pizzas through a new business. However you don’t want the other pizza-selling competitors to know about it; or you don’t want to expose your ice-cream company business’ image to this new business.
Instead of:
| Ice-cream Company |
direct shareholder of the
|
| New Pizza Company |
With our services, the structure becomes:
| Ice-cream Company |
private contract
|
| (Newcomers) Nominee(s) |
linked to
|
| New Pizza Company |
Anonymity
- Your couple isn’t in good shape and you keep thinking about divorce lately. But starting a new business is your priority, even in this atmosphere. How to launch your new business smoothly?… You set-up a structure with a Nominee Shareholder, and you use our Reverse Nominee Secretary service to supervise everything: your wife knows that you are active in a new business, but you are detached from the ownership of business (until the divorce is settled). Money invested in the new business may not come from your personal or joint account, but from assets or entitlements of other sources.
- You are a public and well-known person in your area, but you don’t want anyone to know that you’re involved in a business (usually, you can reverse-search by name the companies’ registry in your country).
- Public record annoys you.
Economic patriotism
Shareholders from a particular country are discriminated or under special surveillance.
Example: foreign shareholders in Cyprus entities, if from Turkey, may be unfavorably seen in some cases (political, economical, reputation…). By choosing a Nominee Shareholder service located in the European Union, there is less exposure to economic patriotism.
Easy transfer of shares
If your nominee shareholder is on public records, any transfer of ownership doesn’t alter the registry nor the company’ structure. The new owner continues to pay for the nominee service like the previous owner did.
Notes
- See pages 289-290
- See pages 248-250
- Can be used in conjunction with a Dilution of Ownership strategy
- See page 245
- See page 247
- See page 247
- Figure 22.2 on page 249
- Having the shareholders on public records!