International Services - Formations

Limited Liability Companies and Branch Registration Worldwide

Most countries have the same range of organisations; sole trader, partnerships, private limited companies and public limited companies. The option of a public limited company organisation however is a major difference between Europe and USA. It is a company limited by shares and is generally listed on the Stock Exchange or the Alternative Investment Market.

Many companies that do business overseas consider either setting up a branch of an existing company or registering a separate overseas company to carry out business locally and be closer to their customers. Other reasons for moving overseas include lower production costs and/or a more favourable business climate. Whatever the reason for setting up a company abroad WCA can help.

We can form companies in any country in the world.

Countries that are currently popular for formations overseas are:

• China (including Hong Kong)
• New Zealand
• Singapore
• Australia
• Europe
• South Africa
• India

Most jurisdictions will require a registered office or a registered agent in the country. WCA can provide these requirements.

Offshore Companies

People wish to form an offshore company for the following reasons:

• To avoid bureaucracy;

• Tax efficiency - in tax haven jurisdictions the profits gained outside the jurisdiction of an offshore company will usually be tax free;

• Limited liability of directors and shareholders – as with Onshore Limited Liability Companies, the assets of an Offshore Limited Liability Company are separate from the assets of shareholders or owners and therefore any liability or loss incurred by the company is claimable solely from the company assets and share capital;

• Greater level of privacy - details of ownership such as the personal information of the directors, secretaries and shareholders need not be disclosed to the public;

• Minimal annual filing requirements.

The countries in which offshore companies are normally formed are:

• Anguilla
• Antigua
• Bahamas
• Bermuda
• British Virgin Islands
• Cayman Islands
• Channel Islands
• Isle of Man
• Marshall Islands
• Nevis
• Panama
• Seychelles
• Turks and Caicos

In addition, many entrepreneurs are forming offshore companies to facilitate trading within mainland China. WCA can incorporate in these and other jurisdictions.

European Company

Since 8 October 2001 the European Council has given companies the option of forming a European Company ('Societas Europeae' (SE)), which means that the company can operate throughout the EU on the basis of a single set of rules and a unified management and reporting system. The SE allows economic entities to act as a single company operating via establishments in Member States and no longer through a multitude of branches subject to a multitude of national laws. Not only does it significantly reduce administrative and legal costs from setting up a complex network of subsidiaries but also allows companies to restructure fast and easily to take the best possible advantage of trading opportunities.

The European Company can be formed principally in one of the following four ways:

• by merging two or more public limited liability companies from at least two different EU Member States;

• by the creation of a holding company promoted by public or private limited companies from at least two different Member States;

• by the formation of a joint subsidiary of companies located in at least two Member States;

• by the conversion of an existing public limited company which has had a subsidiary in another Member State for at least two years.

WCA can assist you in forming SE Companies as well as national companies throughout Europe including France, Germany, Italy, Spain, Gibraltar, Malta, Czech Republic, Russia, Poland and many others. So, whether you are looking to set up a Limited Company or Public Limited Company (PLC) please contact us for more detail and prices.