Excellent legal framework to create corporate structures
The Caribbean island of Anguilla has many feathers to its hat, apart from the tranquil and beautiful beaches. Anguilla is one of the better countries in the Caribbean to do business with. Anguilla has a very good legal system and a good infrastructure in legal and accounting terms. It is a great place to do business.
Less than ten miles north of St. Martin and 200 miles east of Puerto Rico, Anguilla is the northern island in the Leeward Island chain.
Anguilla’s Clayton J. Lloyd International Airport is easily accessible by air, through the main gateways Puerto Rico, St. Maarten/Martin, Antigua and St. Kitts. Ferry transportation to and from Anguilla is convenient, simple and inexpensive.
The companies are incorporated through either a local registered agent or through ACORN (Anguilla’s Commercial Online Registration Network) system. To register a company in Anguilla, you can choose from one of the following structures.
INTERNATIONAL BUSINESS COMPANY
IBC can continue their activity in Anguilla although incorporated in overseas jurisdiction. They are restricted from conducting business with the residents of Anguilla. They may not act as trusts, insurers, banks or provide company management services.
The process of submission of a 2-page form will take about 24 hours to process. An individual or a corporate body can represent as a director (only one required) and shareholder for incorporation. No need to appoint an Anguillan resident as director or a shareholder.
ORDINARY COMPANY OR ANGUILLA BUSINESS COMPANY
This form of company can be used within Anguilla and as an offshore company. These may be limited by shares, guarantee or both, and may be public, ordinary or private.
One director has to be named and there isn't any obligation to file accounts.
LIMITED LIABILITY COMPANY
Anguilla’s Limited Liability Company Ordinance is modelled after the 1977 legislation Wyoming that created a legal entity and offers features to the company with the capacity to sue and be sued, separate legal entity and the limited liability of the members in it plus some features of a partnership. Anguillan LLC members make a contribution that can include cash, property, services adjudicated or a promissory note in return for limited ownership rights.
An LLC is for a limited duration and is primarily structured to assist taxpayers to minimise their tax obligations.
This ordinance empowers business endeavour to be steered in Anguilla or abroad. Limited Partnerships are attractive venture channels as they allow limited partners to be shielded from liability.
This form of incorporation should have an Anguillan registered office along with a locally licensed agent, and at least one general partner and one limited partner is obligatory. An individual can be both general partner and a limited partner simultaneously, although at least one general partner must be an Anguillan company, partnership or resident.
Limited Partnerships are not prone to any income tax, withholding tax, or other taxes based on income originating outside of Anguilla.
A collation of trusts legislations of varied jurisdictions is the new Trusts Act that replaced the trusts legislation with a New Ordinance. With origins from the English trust law, this Act provides a flexible framework.
The Trust Companies and Offshore Banking Act allows registration of two types of trust licence – general trust licences or restricted trust licences. General trust licence enables trustee services to be offered to the public, provided the financial services commission is satisfied that the applicant is a fit and proper person. The other type of licence, a restricted trust licence, enables the administration of a limited number of trusts with no set minimum capital requirement.
ANGUILLA PROTECTED CELL COMPANIES
The Protected Cell Companies Act in 2004, allows the registration of protected cell companies and determines the rules governing the management of such companies. A PCC company’s structure involves the creation of a number of separate and distinct accounts. Any assets linked to a particular protected cell are not considered as part of the general assets of the overall protected cell company. This also extends to the insolvency of a cell, which should not affect the business of other cells.
Anguilla is tax exempted. Incorporation of a company takes 24 hours. Company formation can be limited, regular or international company. Anguillan IBC are adaptable in terms of capitalisation, shareholders, directors and shares of the company.
Articles of incorporation of a proposed company shall follow the prescribed form and shall set out—
If the registrar is satisfied with the submitted documents and that they have complied with, with respect to the Act, upon receipt of articles of incorporation, certificate of incorporation will be issued, and the certificate is conclusive proof of the incorporation of the company named in the certificate. A company comes into existence on the date shown in its certificate of incorporation.
The name of an Anguillan Offshore Company must end with a word or phrase or the abbreviation thereof, which indicates Limited Liability. Examples are "Limited", "Ltd.", "Corporation", "Corp.", "Société Anonyme", and "S.A.". The name of an Anguillan Offshore Company shall not use a word or phrase, which may suggest the patronage of Government such as "Government", "Govt", "National", "Royal", "Republic", "Commonwealth" or "Anguilla". The name of an IBC may not end with a word, a phrase or an abbreviation thereof such as Bank, Assurance, Building Society, Chamber of Commerce, Foundation, Trust etc., without special permission or license.
Absolute tax neutrality sets apart Anguilla from other offshore havens. It has no direct taxation in the form of capital gains, income tax, inheritance tax, gift tax, withholding tax and sales tax or VAT.
Stamp duties are pertinent on any documents that are contractual. Rates of these may vary between 0.01 to 5%.
In order to expand the professional infrastructure, the Anguillan government has recently established a new programme allowing for multi-year work permits of up to four years duration and has also relaxed residency rules. To enable this multi-year programme, organisations willing to establish within the sector have to exhibit that it is equipped to form a real business on-island.
In case of a licensed institution, an administered or managed basis for the issue of a licence will be considered. It would entail complete management and administration of the licensee’s business by an equivalent licensed institution on island.
Annual fees need to be paid on the day of company formation and every 12 months thereafter. No dual taxation treaties with any countries, thereby no need to exchange information with other tax authorities.
Passport - A valid passport with at least six months before expiration and return and onward tickets are required for all visitors to Anguilla.
Green Card Holders - Must have a valid green card and valid passport from their country of origin. You are still required to carry a visa for entry, in some cases.
Visa - Visa is a must to enter Anguilla.