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Court Dismisses Thyssen Privilege Claim

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Court Dismisses Thyssen Privilege Claim European News UNITED KINGDOM ISLE OF MAN UK Crown Dependencies – Edwards Review LLC Amendment Bill he Channel Islands and the Isle of Man legislative arsenal for countering financial crime Limited Liability Companies (Amendment) Thave been holding talks with the British and money laundering. ABill to remove the 30-year limit on the government to examine the conclusions of the • In the Isle of Man, to strengthen the regu- duration of LLCs was approved on 25 May. Edwards Review into financial regulation in lation of companies. The limit was designed to ensure that an the Crown Dependencies. The Isle of Man was the only jurisdiction LLC would be treated as a partnership for tax The four-part report compiled by former to prepare a composite response to the Edwards purposes in the US, but new regulations UK Treasury official Anthony Edwards was Review. It was published in April when it also brought in a simplified election system on published last November. He found that regu- announced an immediate moratorium on the 1 January 1997. lation of financial institutions was generally incorporation of new non-resident companies. The amendment is intended to expand the good but needed to be deepened and include Guernsey is to extend the Insurance use of LLCs for other commercial purposes, par- more site inspections and some increase in pro- Business Law 1986 to Sark, expand existing ticularly corporate capital vehicles for foreign fessional resources. drug trafficking legislation in line with the investment into the Lloyds insurance market. In particular the report recommended that Vienna Convention, enact a Criminal Justice A new Banking Act came into force on regulatory regimes for companies be strength- (Proceeds of Crime) Law and commence an 31 March to implement the recommendations ened. All the islands should extend registration onsite investigation programme for banking on cross border banking made by the Basle and regulation requirements to non-resident supervision and establish a systematic use of Committee on Banking Supervision. companies and some obligatory disclosure of reporting accountants. The new Act clarifies the minimum criteria financial information should be considered. It Jersey is to enact a Proceeds of Crime for licensing and supervising banking institu- also commended proposals to license and reg- Law, introduce a Fiduciary & Administrative tions, particularly across different jurisdictions; ulate corporate service providers. Business Law and remove the three-year time including powers to obtain information about It said there was considerable scope for bar relating to the criminal prosecution of other companies within a banking group which strengthening the legal framework for trusts to fraud offences. might impinge on the bank. prevent potential abuses by settlors and trustees and to ensure accountability. Trustees should SOVEREIGN COMMENT be licensed and regulated and be obliged to The moratorium on the incorporation of new GIBRALTAR make proper disclosures to beneficiaries. non-resident companies announced by the Isle It also says that the professional regulation of Man Government had immediate effect from Deposit Guarantee Scheme of lawyers and accountants in the islands should 6 April. Existing non-resident companies can be extended to all practitioners and should cover continue to enjoy this status but it is expected he Gibraltar Deposit Guarantee Scheme provenance as well as handling of client accounts that further measures will be announced which Tcame into operation on 5 April. It will cover and requirements for indemnity insurance. will force those companies to convert to exempt banks licensed under the Banking Ordinance The report also identified certain priorities or international status which in turn will neces- 1992 and incorporated in Gibraltar, including for change in each island: sitate appointing an Isle of Man resident board branches in the European Economic Area (EEA), • For Jersey to be able to co-operate fully of directors. branches of UK banks and certain other banks in with other countries in pursuit of financial Clients who own non-resident companies respect of deposits taken by Gibraltar offices. crime and money laundering. need do nothing for now. We will inform clients The Scheme covers 90% of a bank's total • For Guernsey to solve the problem of nom- as soon as further measures are announced and liability to a depositor in respect of qualifying inee directors and, as in Jersey, to complete the suggest suitable alternatives. deposits subject to a maximum payment to any one individual of £18,000. It only covers deposits denominated in EUROs or EEA currencies. IRISH REPUBLIC A bank's total liability to a depositor is the aggregate of all accounts in the name of that Irish non-resident companies abolished depositor including shares in a joint account or a client account. ew controls on Irish-registered non-resi- SOVEREIGN COMMENT Ndent companies were brought in 25 March The abolition of the IRNR came without warn- as part of the Irish Budget. ing. As can be seen, all non-resident companies UNITED KINGDOM IRNRs will now be required to have an Irish will be treated as resident from October this year resident director or provide a bond to the value so planning must be undertaken as a matter of GAAR support withdrawn of £20,000 as a surety against compliance and urgency. Options include: the number of directorships that any one person • Registering the Irish company in Cyprus to he Tax Law Review Committee has can hold will be limited to 25. create a dual resident company which is then Treversed its support for a statutory General A promoter must demonstrate to the author- treated as Cyprus resident due to the tiebreaker Anti-Avoidance Rule (GAAR) that would lay ities that it proposes to carry on an activity in clauses included in the Irish/Cyprus tax treaty. down a broad definition of what constituted the Irish Republic and the tax treatment of • Creating an offshore principal/Irish resident avoidance to protect corporate tax revenues. IRNRs will be brought in line with other EU company fiduciary structure. It believes the draft legislation put out for states, with the companies deemed to be resident • Winding up the Irish company and re- consultation last October is badly flawed because for tax purposes in the Republic once registered. incorporating in another jurisdiction. it would place no adequate burden on the This amendment will apply immediately to Clients who hold interests in IRNR's should Revenue to justify its use of the rule to levy tax new companies and for existing companies from contact their most convenient Sovereign office and it fears that there may be insufficient 1 October 1999. as soon as possible. resources to provide a proper ruling system. 2 The Sovereign Group Report • July – September 1999 USA & Caribbean News BRITISH VIRGIN ISLANDS UNITED KINGDOM OVERSEAS TERRITORIES 1,400 funds registered White Paper sets standards for regulation he BVI Financial Services announced that he UK government is to require that all of counterparts, including on investigation and T1,400 funds had filed for registration or Tits Overseas Territories (OTs) meet inter- enforcement matters. recognition since the Mutual Funds Act 1996 national standards on money laundering, trans- Independent regulatory authorities are to came into operation on 1 January 1998. Of parency, co-operation with law enforcement be set up and licensing and regulatory regimes these, nearly 300 were new funds established authorities, and independent financial regula- introduced for all financial activity which after the legislation came into force. tion by the end of this year. should create conditions for fair competition Comprehensive information on BVI funds The move was announced in a white paper between the territories is available from any Sovereign Group office. published by the UK Foreign Office on 16 The UK is to monitor all the territories con- March which contained a non-reciprocal offer cerned and indicate what standards are expect- of right of abode in the UK in return for a com- ed. If territories are found to have been inactive NEVIS mitment on international standards, particular- or are lagging behind, it may act to ensure that ly in terms of financial regulation. the required standards are met. New licensing requirement The 14 Overseas Territories include An- The white paper also warns of the poten- guilla, British Virgin Islands, Cayman Islands, tial knock-on effect of EU legislation and recent he government has brought in a new Montserrat, Turks & Caicos Islands, Bermuda initiatives taken by the OECD and G7 to com- Tlicensing requirement for Nevis interna- and Gibraltar. bat harmful tax competition between states. tional business corporations and limited liabil- The report said: ‘Failure to tighten regulation The UK Foreign Office is to assess the ity companies wishing to set up administration could affect the stability and confidence in finan- potential economic impact of the initiatives and or management offices in Nevis. cial markets and expose the UK to international said that territories would be given guidance as It is designed to prevent IBCs or LLCs criticism and to potential contingent liabilities.’ to those aspects of their offshore financial indus- exploiting this provision to carry on a business Legislation is to be put in place to improve tries which were likely to continue and those that from Nevis on the internet, effectively avoiding regulation of company formation agents and might be subject to change. regulation in any jurisdiction. managers and to ensure that, irrespective of A Council of the Territories, which will Under the new legislation, the Minister of secrecy laws, regulators and law enforcement include the Chief Minister or equivalent in each Finance may require any information to assist authorities can co-operate fully with overseas territory has been established. him in determining whether a licence should be granted. Existing companies with adminis- tration or management offices in Nevis were ANGUILLA given a 30-day transition period from 1 May to submit an application.
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