Onshore & Offshore Company Formation , Incorporation Of Nevis Companies Is Easy
Incorporation procedures in Nevis are not difficult nor time consuming. Nevis incorporation of an offshore company is done through a registered agent who is licensed by the government as an offshore service provider.
The Registrar of Companies plays a key role in incorporation process as he or she is the one who finally determines whether a company is registered or not, although there are very few factors that negatively impact company incorporation in Nevis, such has an unacceptable company name or business activity that appears suspicious.
If interested in incorporating, another measure that can be taken to protect assets includes second citizenship which is useful where asset protection is concerned. Second citizenship program in St. Kitts and Nevis are regulated and support is given by agents authorised by the Government to facilitate applicants. Other offshore financial services such as introduction to offshore banks, shelf companies, trusts and offshore foundations can be requested.
The Registrar’s signature and seal must appear on any document which is officially issued whenever a company is incorporated in Nevis. Nevis incorporation documents such as the certificate of incorporation, memorandum and articles of association are null and void if the Registrar’s approval is not borne by signature and seal. Certain documents are prepared at the registered office and may only require the agent’s stamp and signature.
A formality carried out for Nevis incorporation documents is the inclusion of an Apostille de la Hague which is attached to the original set of the offshore company’s statutes. In Nevis incorporation, an Apostille ensures that Nevis incorporation documents of an offshore company are recognised and accepted in countries which are signatories to the Hague Convention. Copies of documents which are not legalized with an Apostille are normally legalized by a notary public. Similarly, any document or instrument issued outside Nevis to be included in the company’s corporate portfolio must be duly notarized.
Nevis incorporation of an offshore business company requires that a corporate name be chosen for the company. Any name that is chosen for a company must be in accordance with the legal provisions which govern names of Nevis companies. For example, when presented to the registry for approval, if the name is one that has already been given to a Nevisian company, it will be rejected by the registrar and a new name has to be chosen. Whatever the name, once approved must also end with words which mean limited liability such as “incorporated”, “incorporated”, “limited” or “company” or their abbreviations “Inc.”, “Ltd.”, or “Co.”, etc. When incorporating in Nevis a name can be reserved if the person or people involved are not yet ready to go fully ahead with incorporating in Nevis or might have encountered some sort of difficulty. Upon reserving a name the registry will issue a certificate of name reservation which is kept in the care of the agent until the customer is ready to incorporate in Nevis.
Proper structuring is a fundamental aspect of offshore incorporation of Nevis companies. Due to this Nevis company incorporation requires that the memorandum and articles of association be issued as the primary statutes of any offshore company. The form an incorporated Nevis company takes is predetermined by the act for Nevis business corporations, but the act allows flexibility so that changes can be made to the Nevis company’s structure upon incorporation or thereafter in a way that best satisfies the wishes of the beneficial owner(s).
Nevis incorporation of offshore companies enables customers to appoint a nominee directors, officers and shareholders. Nevis incorporation does not discriminate against race, place of residence or nationality and allows Nevis companies to be incorporated by almost anyone save if necessary due diligence procedures during incorporation in Nevis reveals negative results regarding any of the directors, shareholders or beneficial owner.
If the company incorporated in Nevis is in the process of transferring from another jurisdiction, the necessary documents must be shown as evidence of the existence and status of that offshore company. Amendments will also have to be made to the articles and memorandum and various documents will be issued by the registrar as required.