Company Law

Guarantee and Hybrid Companies in the Isle of Man

By Charles A Cain
LexisNexis U.K. January 2004

Specifications

ISBN-13
9780853088653
Publisher
LexisNexis U.K.
Publication
January 2004
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Analysis of these companies and their increasing use internationally in place of trusts


Companies limited by guarantee and companies limited by guarantee and having shares have been around since the earliest British companies in the mid-nineteenth century. Traditionally, such companies have dominated the 'not for profit' sector. However, in the last thirty years, the considerable flexibility and versatility of these companies have led to their increasing use internationally in place of trusts. As such, they compete strongly and effectively with the civil law foundation.
This book is an analysis of these forms of company in the Isle of Man, where much of the development work has been done. It explores the usage of such entities for a wide variety of purposes. Other jurisdictions are also examined for comparative purposes, including the Cayman Islands, Gibraltar, the Bahamas, the British Virgin Islands, Bermuda, Alderney, and Guernsey.
An invaluable reference for UK and international tax planning specialists, offshore professionals, accountants and company lawyers.

Table of Contents

  • Incorporation and winding up: documentation and procedures
  • Objects
  • Corporate Governance - members
  • Corporate Governance - directors and officers
  • Members
  • Location, domicile and residence
  • Funding and distributions
  • Usage as a charity, or charitable foundation
  • Usage as a social club or nonprofit making institution
  • Usage for private family holding purposes
  • The company as a trustee
  • US tax treatment
  • Isle of Man tax treatment 2003/4
  • Asset protection
  • Tax planning with mutual companies
  • Guarantee companies in other jurisdictions
  • Companies (memorandum and articles of association) regulations 1988 
Appendices
  • Tables a, b, c, d and e
  • Specimen memorandum and articles of association
  • New Zealand companies act 1993, sections 16-19

About the Author

Charles A Cain MA, FCIB, TEP, Chairman of Skyefid Limited, Isle of Man; Editor of Offshore Investment magazine; Visiting Professor at the Isle of Man International Business School; Adjunct Professor at St Thomas University Law School, Miami, Florida

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