A.C.T Offshore

FAQs

How Simple is offshore company administration?

It’s very easy! Offshore companies have fewer rules and less paperwork compared to regular companies, making management simple. more information visit here:- https://www.actoffshore.com/

Do you accept to serve anyone from any part of the world?

We do not accept clients who are resident or domiciled in countries found on the FATF Call For Action List or who are in the FATF Jurisdictions Under Increased Monitoring list. We also do not accept IBCs that will somehow be linked to those countries e.g. will own assets in those countries or do business with persons in those countries. The current list can be accessed from https://www.fatf-gafi.org Additionally we cannot assist clients who are directly involved in the pharmaceutical business such as operating a chemical factory. We cannot assist anyone involved in the adult entertainment business (pornography, prostitution or even “online dating”) – these are illegal in Seychelles. We cannot assist clients who are involved in the arms business (development, manufacturing and distribution of weapons, ammunition and other equipment used by the military and defence forces). We will also refuse businesses that will raise investment funds from the general public or provide financial services to the public without having licences where they will operate. We may also refuse to act for politicians and celebrities.

We have a company in another country (not Seychelles). Can we transfer it to you?

Yes you can, provided that the laws of the existing country allow you to transfer the company to Seychelles. The process is called continuation or re-domiciliation. We will carry out due diligence checks on the existing company and its directors, shareholders, other officers and beneficial owners. You will also have to provide proof that the company is in good standing with its current registry – e.g. a certificate of good standing or the equivalent, as well as all existing company documents.

Can we transfer an IBC from you to another agent?

You can. The IBC Act specifies a procedure for change of agent. We do not prevent clients from leaving but will ask that unpaid fees are settled first and that we are refunded for costs we will incur from the transfer process. We do not charge additional exit fees. We will attempt to complete our records before closing our file for the IBC, focusing only on important requirements the IBC had undertaken to meet.

Can we change the name of an IBC?

You can. We will need a resolution signed by the directors. To get started, send us the new name to approve and we will prepare all the required documents.

How quickly can we change the directors of an IBC?

It depends on how quickly we can receive due diligence documentation on the new directors for verification. The updated register will have to be filed with the Registry and the whole process can take between 1 to a few days. In some circumstances, we may have to consult the beneficial owners particularly when there are professional directors and nominee shareholders, which can increase processing time.

We don’t need our IBC anymore? What are our options?

You could simply stop paying the annual fees. Then we will not pay the annual licence fee to government and eventually, usually within some months, the IBC will be struck off the register. One year after strike, off it will be deemed to have been dissolved. We refer to this as “letting the IBC lapse into dissolution”. You could also voluntarily wind up (dissolve) the IBC. This is not a straightforward process, but we can guide your through it. This the most robust close down option but also the costliest one. Another option is to notify the registry that the IBC has ceased to trade or operate and will not resume any activity, which may prompt the Registrar to strike off the IBC. Yet another option is for us to resign as registered agent, and the IBC would be struck off within 3 months for not having a registered agent.

If an IBC is struck off, can we easily restore it?

If the IBC is struck off because it did not pay its annual fees there is a clear process to restore it. You have to pay all the outstanding annual fees so that we may pay the government annual licence fees. There will also be an additional restoration fee charged by the Registry. You will also have to bring the IBC into full compliance with the prevailing laws, including settlement of any unpaid compliance penalties. The FSA will inspect the file to ensure compliance before restoring the company to the register.

What will happen if annual renewal fees are not paid?

If our annual renewal fees are not paid we will not be able to pay the annual government fees. If the annual government fees are not paid the IBC will not remain in good standing and will eventually be struck off the register. One year after strike off it will be deemed to have been dissolved. Once struck off the assets held by the IBC may be deemed to be vested in the state i.e. assets of Seychelles. A more immediate consequence is that you would not able to get a certificate of good standing to give to your bankers and other business partners. Struck off IBCs can be restored, and on restoration an IBC is deemed to never have been struck off, so apart from restoration fees and penalties there are no lasting implications if you inadvertently let an IBC be struck off. You can recover from the error but the FSA will inspect the file beforehand, to ensure compliance with the law.

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