Corporate & Securities

Trusts

Trust has traditionally been one of the most preferred modes of asset protection in offshore jurisdictions. It requires two persons to start a trust, a Settlor and a Trustee. A settlor provides the assets for the trust and through the trust, the deed provides the guidelines through which the trustee should manage the assets for the ultimate owner of the trust- ‘The beneficiary.’
The Trustee just acts as the intermediate owner and the ultimate owner of the trust assets is the beneficiary. A trust is preferred as an investment option as it is considered as a separate legal entity under which the assets provided to the Trust no longer belong to the settler. The Courts under almost all circumstances do not look into the trust assets and leave them aside from the assets of the settler.
A trust also generally provides tax benefits and trust assets and income are not taxed. It also provides legal recognition as a Trust Registration document is normally globally recognized and on the other hand, it also ensures privacy as a trust composition document is normally not available for public access.

Normally, three types of trustees are available for selection:

  • A Licensed Professional Trustee (It is normally a Company registered and licensed to act in financial services in the jurisdiction). They are professionally managed and offer continued and reliable service.
  • A Private Non Professional trustee is a family member or a friend who acts as a trustee.
  • A Private Trust Company, a type of company that is specifically established to act as a trustee. We explain it in detail in the tab Private Trust Companies

 

Trustee Managed Banking Services

A Trustee Managed Banking Service is a very complicated structure that has evolved particularly keeping in mind the privacy of the trustees while ensuring that the beneficiaries and the settlor can maintain the desired control on the trust.
A trust managed banking service generally consists of three important components, (a) The Trust Company managing the Trust, (b) A Trading Company Formed by the Trust and controlled by the Trust Company (c) A demand deposit account opened by the Trading Company.
Employees or Associates of the company can then be granted minimum money withdrawal and control over the funds of the Trading Company in the Demand Deposit Account by providing Credit Cards linked to the Demand deposit Account. Brokerage accounts can also be opened linked with the Demand Deposit account to enable its usage for trading in securities or precious metals etc.
The Trustee Managed Banking services enable active management of the trust by and for its beneficiaries and also provide greater control and possibility to generate more resources by the investment of the trust assets in newer assets.

 

Non-Profit Organizations

Non-profit organizations enjoy special benefits in most countries across the globe. These benefits include tax exemptions, leniency in statutory filings and special reporting guidelines. Securing these benefits during the process of formation and running a non-profit organization, however, requires specialized knowledge and expertise.
Issues range from selection of the correct form of legal personality to registration with the IRS to secure the necessary tax benefits for your non-profit organization. The process also requires preparation of forms and documents including bylaws for the non-profit organization and the requisite forms to submit to the taxation authorities (IRS for the USA).
The dedicated team of qualified professionals at Empire ensures that the entire process of formation of your non-profit organization is streamlined and completed within the minimum possible time. We aim to provide you comprehensive and personalized guidance for the formation of the most suitable non-profit organization for your needs after understanding your specific situation.

Tax Exempt Non-Profit Formation

Empire through its team of skilled and experienced professionals takes care of all the steps required for the formation of a Tax-exempt non-profit commencing with the formation of the organization till submitting the necessary forms with the tax authorities to secure the desired exempt status. Empire will work closely with the client to prepare or obtain and then submit all necessary documents within the known statutory deadlines.

Tax-Deductible Contributions

A major reason for the success of the non-profit movement and the growth of contributions to charity is the tax exemption that is received by the donor. Empire ensures that your non-profit organization is compliant with all necessary laws and is registered with the competent authorities (in the USA- IRS), so that the donor may receive the tax benefits on its donation.

 

Streamlining Marketing And Sponsorships

Non-profit Organizations receive a variety of funds from different sources and Empire ensures that all the donors receive the tax benefits that they are eligible for. It also works to promote the non-profit organization to major donors such as corporate houses through programs that enable the corporate to use the names and logos of the non-profit organization in exchange for certain benefits. Non-profits may also generate funds through sweepstakes and gaming (including raffles) which are permitted in certain states only for charitable organizations.

 

State Wise Solicitation Requirement Compliance

States and local governments may require the registration of non-profit organizations to solicit donations from residents. Empire ensures that your non-profit organization has all the necessary permissions and registrations in place to receive donations in all prominent states. It assists the non-profits to make the required statutory submissions at fixed intervals which are essential to maintain tax-exempt status. It also provides special guidance in exceptional situations such as regulatory audits (ex. IRS audits).

 

Private Trust Companies

A private Trust company is a specialized company formed only to act as a Trustee. A Trust company may require special permissions in certain jurisdictions to act as a trustee. On the other hand, it can work as a trustee for multiple trusts as per the needs.
A trust company is now preferred as an individual trustee as it protects the identity of the trustee as well as providing continuity in the management of the trust assets which may not be possible with individual private trustees. A Trust company requires the appointment of directors who will also act as the controllers for the Trust and any suitable individual may be appointed for the purpose.
Among the various destinations that we offer for opening trust companies, Nevis is commonly preferred owing to the ease of company formation and the strict privacy rules in the country. Further, companies also do not require any special registrations or permits to act as Private Trust companies here.

Corporate Finance Transactions

Corporate Finance and Transaction forms a significant part of Empire practice areas. It covers a wide ambit of subjects ranging from Financing to Tax to Technology and all possible areas relating to the running of a business. We believe in providing services in all relevant areas to our clients and acting as a single point source fort the resolution of all compliance issues and disputes.

Corporate

A company faces many regulatory issues in its day-to-day functioning and the Corporate Business area aims to cover all these subject areas under one umbrella. The ever-increasing number of laws and regulations which need to be complied with by the companies make it even more complicated for the businesses to perform in the market. This is in addition to the highly competitive market wherein new competitors emerge every day.

Bankruptcy & Restructuring

Even the best of businesses may face hurdles and need business restructuring, asset sales, or even bankruptcy procedures. We at Empire understand the needs of our clients and provide a wide range of Bankruptcy-related services including: Debt restructuring is one of the primary steps undertaken when any business faces a distress situation resulting in problems in servicing debts.

Corporate Governance & Securities

Corporate Governance is one of the buzzwords in the business arena now particularly due to the increased desire for the protection of the shareholders and other investors. Businesses are also under the increased need to disclose information particularly if they are listed and their shares are traded in the stock markets. These requirements exist across the globe, although different in their scope.

Emerging Companies & Venture Capital

The emergence of the internet has also enabled the growth of several companies that have emerged to be market leaders. Further, the success of these companies has encouraged a new group of entrepreneurs who are bringing products with the high business potential to the market which may be the next big thing.

International

The International area of Corporate Practice for Empire covers several jurisdictions across the globe including the major emerging markets. For companies now, the domestic market is only a minor part of the global pie. Companies have aggressive expansion plans with aims to grow at rapid rates both by organic and inorganic methods.

Hotels & Leisure

Hotels and Leisure are a major business across the globe. This industry is also a major contributor to the revenues of the states who depend on tourist arrivals. Empire works with all the three major parts of this industry- hotel owners, management and lenders.

Investment Management

Investment management is considered a highly regulated and specialized sector that is under the scrutiny of the regulatory bodies. As such our clients in the investment banking sector depend on our expertise to deal with the complex regulatory compliances and provide the best value for their customers.

Mergers And Acquisitions

Mergers and Acquisitions are a part of the business history of every major business. It is one of the most preferred ways for businesses to grow and in other times a way for businesses to be rescued. However, almost every process of a merger or an acquisition is a result of background work that may have been in progress for years on end.

Private Equity

Private Equity is an important part of the investment portfolio of all major modern-day investors. Private Equity investments are made by venture capital investors, venture capital firms or specialized private equity firms. Our private equity practices area in Empire focuses on both the investors and the businesses seeking funds from private equity investors.

Tax

Taxation is a highly specialized sector that has an important role in every business decision. Before any major business transaction, the tax-ability of the transaction and if it is taxable, the tax liability which will arise from the transaction is considered.

Technology Transactions And Privacy

Technology touches our everyday lives in more ways than we can think of and it is one of the biggest businesses in the world. It is a matter of no surprise that most of the biggest companies in the world are related to this field and they transact billions of dollars in sales every day.

Trust And Estate Planning

Estate Planning involves careful structuring and distribution of your assets to ensure that they are protected and also are subject to minimum tax and other liabilities. Clients need to be extremely careful in determining their investment structure to ensure that their tax liabilities are minimized and they also do not violate any legislative provisions.

Offshore Brokerage Accounts

The term brokerage account refers to accounts that have been opened specifically for the process of participation in the financial markets. Such accounts normally have linkages to your financial products portfolio and the trading platform enabling you to pay and receive payments for all your transactions in the trading platform.
Brokerage accounts are used for trading in the Forex Market, Stock Markets, Commodity Market, Forward Markets, etc. They are generally opened by banks, financial services companies, and investment banks. Many of these banks levy associated charges from consumers for providing a brokerage account and linking to your bank account.
The benefits of offshore brokerage accounts are however tremendous as it enables you to trade on your desired stock market, commodities platform or asset management platform in a tax neutral country. The need for any third-party intermediary to transfer funds is minimized and you are in complete control of your portfolio.

Company Formations By Jurisdiction

A Company is one of the most preferred means for forming a legal person and Empire can assist you in forming a company in many jurisdictions across the world based on your needs. A company helps to keep your identity separate from the identity of your business and also for taxation and financial matters.

Private Interest Foundations

Private Interest Foundations are new instruments that are considered as a ‘hybrid’ between a Trust and a company containing the best features of both the bodies. It is one of the preferred modes of forming a legal person particularly in civil law jurisdictions such as Central Europe where a Trust may not be recognized under the legal framework.
In common terms, A Private Interest Foundation is formed to manage a particular defined group of assets and there are no owners of the assets but just managers who manage the assets. It is normally formed out of assets provided by a Founder who then nominates members to manage the assets.

Professional Director Services

Under many circumstances, an Individual may not be able to act as a Director of a company and requires the use of other persons as directors. In most cases, another corporate is made a director and that corporate entity is ultimately managed by a third entity. In another case, another layman who has no interest in the company is made a nominee director and the real beneficial owner act under a Power of Attorney.