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» Key Corporate
Features
» General Information
» Company Information
» Compliance
» Information
Downloads
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Type
of entity: |
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Exempt |
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Type
of law: |
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Common |
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Shelf
company availability: |
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Yes |
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Our
time to establish a new company: |
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2
days |
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Minimum
government fees (excluding taxation): |
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US$732 |
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Corporate
taxation: |
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Nil |
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Double
taxation treaty access: |
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No |
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Standard
currency: |
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US$ |
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Permitted
currencies: |
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Any |
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Minimum
paid up: |
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US$1 |
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Usual
authorised: |
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US$50,000 |
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Minimum
number: |
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One |
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Local
required: |
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No |
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Publicly
accessible records: |
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No |
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Location
of meetings: |
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Anywhere |
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Minimum
number: |
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One |
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Publicly
accessible records: |
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No |
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Location
of meetings: |
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Anywhere |
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Required: |
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No |
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Local
or qualified: |
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No |
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Requirement
to prepare: |
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Yes |
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Audit
requirements: |
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No |
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Requirement
to file accounts: |
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No |
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Publicly
accessible accounts: |
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No |
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Requirement
to file annual return: |
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Yes |
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Change
in domicile permitted: |
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Yes |
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General Information
The Cayman Islands consists of a group of three islands in the Caribbean: Little Cayman, Cayman Brac and Grand Cayman. The main Island, Grand Cayman, is situated approximately 480 miles southeast of Miami.
» Population
The population is approximately 50,000.
» Political
Structure
The Cayman Islands are a British colony and therefore the United Kingdom Parliament at Westminster retains the right to legislate. A "Governor" who is appointed by the Queen Elizabeth II heads the Cayman Islands Government. There is a Legislative Assembly consisting of 18 seats: 3 appointed members from the Executive Council (Financial Secretary, the Attorney General and Administrative Secretary) and 15 members elected by the popular vote.
An Executive Council, consisting of three official members
appointed by the Governor and four members elected by the
Legislative Assembly, formulates policy and advises the Governor.
Appointments are to a four-year term. .
» Infrastructure
and Economy
The economy of the Islands is strong, enjoying full employment with
most of the revenue being derived from the financial services sector
and tourism (70% of GDP).
Miami is one hour away by air and the Island has direct air links
with New York, Atlanta, Tampa, Houston and Jamaica. The Islands
are a popular cruise-ship stop.
» Language
The official and spoken language is English.
» Currency
Caymanian Dollar.
» Exchange
Control
None.
» Type of Law
Common Law based on English Common Law.
» Principal
Corporate Legislation
The Company Law of the Cayman Islands is based on the English Companies Act of 1948 and can be found in the Cayman Islands
- Companies Law (2007 Revision)
- Companies Law (2009) Revision
- Companies (Amendment) (No 2) Law 2009
Company Information
» Procedure
to Incorporate
For Exempt Companies by submission of the Memorandum and Articles
of Association and registration fee to the Registrar of Companies,
together with a sworn statement declaring that the business activities
of the proposed company will be undertaken mainly outside the Cayman
Islands. The names and addresses of the proposed first directors
must be disclosed to the Registrar.
» Restrictions
on Trading
Cannot trade within the Cayman Islands, own real estate in the Cayman
Islands. Cannot undertake the business of banking, insurance business
or mutual fund business unless licensed. Cannot solicit funds from
the public.
» Powers of
Company
A Cayman Islands Exempt company has all the powers of a natural
person.
» Powers of
Company
A Cayman Islands Exempt company has all the powers of a natural
person.
» Language of Legislation and Corporate documents
English.
An Arabic language facility was enabled in 2007.
» Registered
Office Required
Yes, must be maintained in the Cayman Islands.
» Shelf Companies
Available
Yes.
» Time to Incorporate
Two days.
» Name Restrictions
Bank, insurance, assurance, reinsurance, trust, municipal, charter,
co-operative, their foreign language equivalents or any name that,
in the opinion of the Registrar, would suggest a connection with
a Royal family or Government authority.
» Language
of Name
Names can be expressed in any language using the Latin alphabet, Chinese or Arabic, if the Registrar of Company receives a translation thereof. The corporate documents will however be in English.
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» Names Requiring
Consent or Licence
Bank, building society, savings, loans, insurance, assurance, reinsurance,
fund management, asset management, trust, trustees or their foreign
language equivalent.
» Suffixes
to Denote Limited Liability
There is no requirement to utilise a suffix to denote limited liability,
although normally companies are incorporated to include the suffixes
Limited, Incorporated, Corporation or their abbreviations.
» Disclosure
of Beneficial Ownership to Authorities
No requirement.
Compliance
» Authorised
and Issued Share Capital
The minimum is US$1, but it is normal to incorporate with an authorised
share capital of US$50,000; divided in to 50,000 common voting shares
of US$1, this being the maximum for the minimum capital duty payable
to the Registrar of Companies.
The minimum issued share capital is one share of no par value or
one share of part value.
» Classes of
Shares Permitted
Registered shares of par or no par value, preference shares, redeemable
shares and voting or non-voting shares.
» Taxation
There is no form of taxation in the Cayman Islands relating to individuals,
corporations or trusts.
» Double Taxation
Agreements
The Cayman Islands has no double tax agreements.
» Licence Fees
For exempt companies:
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For
a share capital not exceeding US$50,000
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US$732 |
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With a share capital greater than US$50,000 but not exceeding US$1 million |
US$1,098 |
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» Financial
Statement Requirements
Unregulated exempt companies do not need to file accounts.
» Directors
The minimum number of directors is one. The directors may be natural
persons or bodies corporate. The directors may be of any nationality,
and need not be resident in the Cayman Islands.
» Company Secretary
The Cayman Islands Companies Ordinance does not make any specific
reference to a requirement for a company secretary. However, it
is customary to appoint one, who may be either a natural person
or a body corporate.
» Shareholders
The minimum number of shareholders is one.
» SIBL (SECURITIES
INVESTMENT BUSINESS LAW (2003 Revision) "the SIBL"
The SIBL applies to all entities organised or established in the
Cayman Islands which are engaged in the course of securities
investment business, whether or not that business is actually
carried out in or from the Cayman Islands. Under the SIBL
"securities investment business" includes dealing in securities,
arranging deals in securities, managing securities and advising
on securities and "securities" are widely defined to
include shares, partnership interests, units in unit trusts,
debt instruments, warrants, options, futures and contracts for
differences.
All entities to whom the SIBL Law applies are required to hold
a licence appropriate to the securities investment business they
intend to conduct in the Cayman Islands, save for those falling
within certain exemptions. Applications for a licence are made
to the Cayman Islands Monetary Authority ("CIMA") in the
prescribed form and annual licence fees range from US$2,500 to
US$10,000 depending on the category of licence required. These
categories are:
- Broker Dealer
- Broker Member
- Securities Manager
- Securities Advisor
- Securities Arranger
- Market Maker
Anyone who carries on or purports to carry on securities
investment business without the appropriate licence is
guilty of a criminal offence. The penalties on conviction are
severe: up to a year's imprisonment and a fine of US$125,000 and
in the case of continuing offence, a fine of US$12,500 for each
day during which offence continues.
Information Downloads
Disclaimer
Whilst every effort has been made to ensure that the details contained herein are correct and up-to-date, it does not constitute legal or other professional advice. OCRA Worldwide does not accept any responsibility, legal or otherwise, for any errors or omission.
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