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The
march towards the globalization of the world ’s economy has
a momentum that is irresistible. On the way it continues to break
down geographical, legislative and political barriers that only
a few years ago would have been considered impenetrable. One of
the most prominent by-products of this shift is the reduced level
of control that individual countries can impose on enterprises.
This desire to create a level playing field has seen supranational
organizations such as the OECD, the Financial Action Task Force
(FATF) and the International Monetary Fund (IMF) play a more proactive
role in economic governance. Such a stance has asked questions of
all the international finance centres.
1.
The Isle of Man
In
terms of political and financial security, few locations can rival
the advantages of the Isle of Man. The Isle of Man is one of the
world's leading offshore financial centres. The Island has been
granted Designated Territory status under the UK's Financial Services
Act 1986. This means that the financial regulations in place meet
standards similar to those in the UK. The Isle of Man enjoys exceptional
political and economic stability, as exemplified by a history of
over 1,000 years of continuous Parliamentary Government- the longest
unbroken period of Government in the world. Aside from the security
provided by the regulatory framework, dealings on the Isle of Man
are conducted in an environment that respects the right of individuals
to carry on their business affairs in private. Unless otherwise
required by law, details of client affairs to third parties, including
tax authorities, will not be realised. The Isle of Man has the only
statutory compensation scheme of any offshore centre, incorporated
in the Life Assurance (Compensation of Policyholders) Regulations
1991. These regulations provide for clients to receive up to 90%
of the amounts due under their contracts in the unlikely event that
an Isle of Man life assurance company were to become unable to meet
its liabilities. Unlike many investors compensation schemes, there
is no upper limit on the amount payable, and policy holders are
protected wherever they are resident. Full details of this legislation
are available on request. The Investment Companies used by St. James
International on the Isle of Man, are all authorised and regulated
in the Isle of Man. They are exempt from corporation, income and
capital gains tax, and as a result all clients funds grow tax free.
However, some countries in which funds are invested may impose an
irrecoverable tax on investment income. No Isle of Man tax is deducted
when funds are withdrawn. In terms of direct taxation and legal
matters, the Isle of Man is independent of, and not subject to,
laws passed by the United Kingdom parliament. In addition, the Isle
of Man is not a member state of the European Union and is therefore
not obliged to bring its tax system into line with that of the European
Union.
2
The Channel Islands
With
offshore jurisdictions increasingly under the spotlight the strength
and importance of The Channel Islands as an international finance
centre is worth serious consideration. The Channel Island’s
financial industry is now stronger than ever. Recent reports have
further highlighted many of the inherent strengths in The Channel
Island’s position among the international elite. There is
a regulatory framework that is comprehensive and a supervisory structure
that is well positioned to impose regulations effectively. The Channel
Islands has a well-established and well respected Financial Services
Commission and experienced staff. The Channel Islands was one of
the first jurisdictions to apply a comprehensive regulatory regime
for trust and company service providers. There is a developed framework
for anti-money laundering, combating the financing of terrorism
and there is a strong rapport on these issues between the Commission,
the licensed institutions and the various finance associations.
This can only be good news for all concerned, not least policyholders
who benefit from the Channel Island ’s expertise and flexibility.
Of course, the other key issue is security and again, The Channel
Islands leads the way. For international investors, the potential
benefits that an offshore location brings can make it a compelling
choice, in particular when dealing with companies registered to
write long term insurance business under Section 11 of the Insurance
Business (Bailiwick of Guernsey) Law 2002. Among the other best
practices this implies, Channel Island Life Companies follow the
guidelines whereby assets representing at least 90% of its liabilities
to policyholders are held in custody by an independent trustee.
In short, The Channel Islands has responded positively to the overtures
of international bodies by pro-actively negotiating an acceptable
position on the world stage.
3.
Switzerland
Switzerland
is not an offshore jurisdiction such as the Cayman Islands, it is
nonetheless a low-tax jurisdiction, having a series of specialised
corporate forms which can be used by international investors and
multinational companies to reduce their tax bills to a significant
extent. As the world's predominant private banking center Switzerland
is estimated to be the home of 35% of the world's private wealth.
Banking secrecy and Switzerland have long been considered synonymous
terms, although the country has passed many laws directed against
money laundering, and participates fully in international efforts
against it.
4.
Dublin
All
life assurance companies licensed to conduct business in Ireland
are directly regulated by the Irish Government through the Department
of Enterprise, Trade and Employment. Ireland is a full member of
the European Union and The Irish regulatory system is in line with
EU requirements. All life assurance companies are subject to strict
EU. solvency margin rules. The same rules that apply to life companies
in the UK, Germany, Belgium, Holland, France and anywhere else in
the EU. The aim of the solvency margin requirements is to insure
that the company concerned has sufficient funds to comply fully
with its obligations to policyholders. Policyholders of unit-linked
life assurance savings, investment, pension policies are secure
in the knowledge that companies based in Dublin's financial services
centre are required at all times to hold investments to the value
of the units held by client's life policies. These funds are held
separate and distinct from the shareholders funds, and are reported
separately to the regulator.
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