Exempt companies are the most common choice of offshore vehicles. This type of vehicle is primarily for companies with the objective of carrying on business mainly outside of the Cayman Islands, therefore it cannot trade within the Cayman Islands.
Memorandum and Articles of Association and registration fee (depending on the authorized share capital, see below) must be submitted to the Registrar of Companies, together with a sworn statement declaring that the business activities of the proposed company will be undertaken mainly outside the Cayman Islands. The names and addresses of the proposed first directors must be disclosed to the Registrar. A company can be formed within 24 hours provided all the documentation is at hand (Incorporation Checklist).
The capital of the company is the funding provided by the shareholders. In some jurisdictions the capital of the company must be held in a particular currency. The authorized capital is the maximum amount of capital that may be injected in to a Company and the issued capital is the amount that has been paid up by the shareholders. Shareholders’ liability is generally limited to the amount of paid up capital. Any Company whether public or private cannot issue shares more than the amount of its authorized capital. This amount is stated in Memorandum of Association. E.g. if the amount of capital mentioned in Memorandum of Association is 50,000, then this will be the Nominal, Authorised or Registered Capital of the company.
A Cayman Islands exempt company has all the powers of a natural person.
The advantages of having an exempt company are the following:
A guarantee from Government exempting the company from any taxes which could be introduced by future legislation for a period of up to 20 years
No shareholder meetings are required
Limited or Ltd is not required in its name
Save tax
Protect assets and reduce risk
Reduce Costs
Maintain privacy
Investment Holding
Property Investment
Financing
Patent, Royalty and Copyright Holding
Entertainment, Consultancy and Professional Services
Ship Management and Yacht Owning
International e-commerce Operations
This vehicle is most appropriate for companies who would like to carry on business in the Cayman Islands. Unless it is licensed under certain other laws, the company must be at least sixty percent (60%) Caymanian owned and controlled or licensed under the Local Companies (Control) Law.
This vehicle is used where a company will not qualify to be registered as an exempted company and where the company will not carry on business in the Cayman Islands.
This is where a Company is incorporated outside the Cayman Islands and establishes a place of business carrying on business within the Cayman Islands.
There are two types of structures that can be formed in the Cayman Islands:
This may be established in the Cayman Islands for any lawful purpose or purposes, to carry on business within the Cayman Islands or elsewhere by two or more persons pursuant to the Partnership Law.
A limited partnership can also become an exempted limited partnership, or one can be formed de novo, by filing a statement with the Registrar of Limited Partnerships. Unlike the Limited Partnership declaration, this does not need to include the names of the limited partners or the amounts of their contributions.
This is where the company establishes one or more separate portfolios and segregates the assets and liabilities to each portfolio from the assets and liabilities attributable to every other portfolio, and from the general assets and liabilities of the company.