Anguilla is an
for forming offshore companies because of its zero tax rates, confidentiality laws
and instantaneous registrations at a reasonable cost.
- COMPANY FORMATION AND ADMINISTRATION
- TAXATION & EXCHANGE CONTROL
- INTELLECTUAL PROPERTIES
- VESSEL REGISTRATION
Anguilla’s main company types are:
The International Business Company (“IBC”), main features include:
- Electronic registration.
- Limited reporting requirements.
- Only one director is required, which can be a corporate entity.
- Records are not required to be filed with Company Registry.
- No financial or audited statements required.
- Meetings may be held anywhere by telephone or other electronic means.
- Re-domiciliation permitted.
The Companies Act company (also known as an Anguillian Business Company), main features include:
- Electronic registration via ACORN system with acceptance of electronic signatures.
- Can be used both as an onshore and offshore vehicle.
- Nominees may be utilized instead of beneficial owners.
- Corporate meetings may be held anywhere by telephone or other electronic means.
- No Anguillian shareholders or directors required.
- Re-domiciliation permitted under Anguilla law.
- Only one director and shareholder required and they can be the same person or entity.
- Corporate directors and or shareholders allowed.
The Limited Liability Company (LLC)
Anguilla is one of the few jurisdictions to have an Act dealing specifically with limited liability companies. This act creates a legal entity that has features of both a company and partnership such as its ability to sue and be sued and provide limited liability to its members. The Anguilla LLC is modeled after Wyoming legislation, but offers many features not found in the original statute. If properly designed, the LLC can offer U.S. taxpayers assistance in structuring their business to minimize tax obligations as under U.S tax law only members are taxed, whereas a normal Company is taxed at both the member and corporate level.
The Insurance Act
In October 2004, an Insurance Act was enacted which introduced licensing provisions for any company carrying on the business of insurance in or from or out of Anguilla. The Act provides for two categories of licensing which are a General Class 'A' unlimited license and a Restricted Class 'B' license divided into several categories. The Class 'A' license is suited to general insurance business and the Class 'B' license to more limited types such as long term health care. In general, the Act incorporates the best provisions of similar acts in other jurisdictions whilst avoiding most of their shortcomings. This makes the business of reinsurance an attractive and competitive proposition in Anguilla.
The Protected Cell Company Act
In 2004, Anguilla enacted the Protected Cell Company Act which allowed a corporate entity to have separate "cells" which function separately from each other. Moreover, the debt and or liabilities of one "cell" cannot be attributed to another "cell" without the express permission of the other cell owners. This is an attractive and useful feature for insurance/captive insurance companies, mutual funds and asset protection structures.
Anguilla is truly a neutral tax jurisdiction. There are no income, capital gains, estate, profit or other forms of direct taxation on either individuals or corporations, whether resident in Anguilla or not. This makes Anguilla a very attractive location for financial services business and professionals.
There are no exchange controls in Anguilla, although the official currency is the Eastern Caribbean Dollar, the United States Dollar is commonly used.
Registering a Trademark:
Trademarks are assigned through the Registrar of Companies for a period of 10 years and may be renewed for further periods of 10 years each. In addition to local registration, you may also apply for a registration based on a UK trade mark. Applications can be at any time during the life of the UK trade mark and will expire with UK trade mark. Failure to register or renew a trademark leads to a loss of rights and the risk of being registered by another company or person.
Trade and service marks can be registered in Anguilla under the Nice Classification system. Prior use is not necessary but non-use for five years following registration will subject the mark to an action for cancellation.
The Trademarks Act provides for trademark applications with registration dating from receipt of application. The Registration of UK Trade Marks Act provides for applications to extend rights under a UK registration to Anguilla with effect from the date of registration in the UK, but an action in Anguilla for infringement of a UK-based registration can only complain of infringement occurring after the date of registration in Anguilla.
International priority is available in Anguilla.
Registering a Patent
Registering a patent protects your right as an inventor to exclude others from profiting from your invention without your permission. Our legislation provides for Patents to be registered for a period of twenty years with an annual maintenance fee beginning one year after the date of filing the application.
Protection of European (EP) patents designating the UK has been extended to Anguilla, so that on proper application made in Anguilla, the proprietor of an EP patent designating the UK has the same rights as the proprietor of a UK patent. Also, Community Trade Marks registered in the UK may now be re-registered in Anguilla.
If you apply for a patent based on an existing UK patent, within 3 years of the UK date of issue, registration will normally be granted. The patent will expire with the UK patent.
If you apply for a patent based on an existing EP (UK) patent, within 3 years of UK date of issue, registration will normally be granted. The patent will expire with the EP (UK) patent.
The registration of ships is governed by the Merchant Shipping Act, Revised Statutes of Anguilla, Chapter M82. The Act gives an extensive definition of those persons who are qualified to be owners of Anguilla ships and includes the following:
- Anguillian citizens;
- Citizens or subjects of Britain or any of its overseas territories.
- Persons who would be defined as British nationals (overseas) under the Hong Kong (British Nationality) Order 1986
- Companies incorporated in any of the member states of the European Union or European Economic Area including the United Kingdom and having place of business in any such member state and registered in Anguilla;
- Companies incorporated in any relevant British possession including Anguilla or any overseas territory of any of the member states of the European Union or the European Economic area and having a place of business in any such possession or territory and registered in Anguilla;
- Companies incorporated in any member state of the Caribbean Community or the Organisation of Eastern Caribbean States which have been registered in Anguilla.
Persons who do not fit into the above criteria may register a vessel in Anguilla if the majority interest (at least 51.6% of the shares – 33/64) is owned by a person or body corporate which fulfills the criteria outlined above. Foreign persons can also register a vessel by incorporating a company in Anguilla.
Where a ship is 24 metres in length or longer or if the person or persons who own the majority interest in the ship is not resident in Anguilla, the ship is entitled to be registered in Anguilla only if a representative in Anguilla is appointed in relation to the ship. The representative person can be a body corporate incorporated in Anguilla which has a place of business there.