Special conditions
Our customers must undertake :
1- to comply with the regulations, particularly tax regulations, of the country in which they set up their company, as well as those of their country of tax residence,
2- to carry out a real economic activity in the country where they create their company and to organise their economic substance in the said country,
3- to pay tax in their country of tax residence,
4- not to organise tax fraud or evasion, money laundering or any other illegal activities.
Any customer in breach of these undertakings shall be held solely and entirely responsible.
*By using our services, you undertake to operate within the law and not to seek a way of avoiding your tax obligations. Legality: it is legal to set up a cross-border company in Europe (in or near the European Union), particularly in application of the Hague International Convention (Decree 92-521 of 16 June 1992), which established that “Any natural or legal person resident in the European Community has the right to set up a company in the country of his choice without having to be resident there for tax purposes”. However, to set up and manage a Company in Europe (in or near the European Union), there are rules to be complied with, particularly with regard to the country of tax residence of the beneficial owner(s) (shareholders). We do not provide legal or tax advice; you should seek advice from a tax lawyer and a lawyer specialising in international trade law before ordering an offshore company from us. Legal or tax advice is personalised advice based on a particular case: under no circumstances do we provide this type of service, which is reserved for lawyers. Providing information free of charge does not constitute personalised advice or consultation (article 66-1 of the 1971 law states that the distribution of legal information of a documentary nature is unrestricted). “It is therefore a matter of providing information on the current state of positive law and case law, without carrying out any reflection to determine which of these items of information would be the most relevant to answer a given question”. “Article 54 of the 1971 lawstates that “no one may, directly or through an intermediary, on a regular and remunerated basis, give legal advice for another person”. “This article clearly defines the elements that characterise the offence of illegally practising as a lawyer. These are :
– to practice law by providing legal advice…
– on a regular and onerous basis. “Professionals who are neither regulated nor approved may under no circumstances provide legal advice or draft legal documents. They may only provide legal documentation or standard deeds.” “Article 54 of the 1971 Act emphasises the term “remunerated”. Consequently, the exercise of a legal activity free of charge does not fall within the scope of this article.” “Like legal advice, the drafting of private legal documents for others is regulated by article 54 of the 1971 law and is not defined in our body of legislation: models and standard letters: in a ruling dated 15 March 1999, the Court of Cassation stated that they did not qualify as private legal documents. Our TUP services do not require us to personalise the form: it is our clients who personalise the deeds in question.entering their own details on the form. For Company incorporation, our service is limited to transmitting the data supplied by our customers to our service providers; we are only intermediaries and therefore do not provide any legal services or draw up any private deeds, our work being purely administrative, in the same way as we do not provide any legal or tax advice or any paid advice.. En savoir +. The creation of an offshore company is your property if you are the beneficial owner: as such, you are accountable to the authorities in your country of tax residence, even if you only own part of the offshore company. Before ordering the creation of an offshore company, you should consult a tax lawyer; we do not provide tax advice. As the owner of an offshore company, your tax obligations will be to comply with the tax regulations of your country of tax residence. It should be emphasised that operating a fictitious Company in Europe (in or near the European Union) exposes you to tax liability.tax reassessment in the owner’s country of tax residence and that invoices issued by a fictitious Company in Europe (in or near the European Union) are so-called “convenience” invoices, constituting a criminal offence. Please note: the taxation of an LLP may be requalified, depending in particular on the tax rules of your country of tax residence and the activity and organisation of your LLP: you should consult a tax lawyer before placing an order for an LLP. Your LLP’s activity must be genuine in the country where it is established, and specific to a category of activity such as intellectual property,The owner of an extra-territorial company (or Company in Europe) must declare his company to the tax authorities in his country of tax residence. It is up to you to consult a lawyer in your country of tax residence, in order to check whether you are entitled to use our services, not only in the country in which your company is registered and the country in which your activities are carried out, but also in your country of tax residence.
Buying a “Registered Share Capital” service means that the share capital is registered on the English Companies House, but it does not mean that it is deposited: to have a deposited share capital, you must deposit the share capital in a bank. Registered share capital” means that you are liable for the amount of the registered share capital. When you register share capital (inscription), you are supposed to deposit it in a bank (dépôt).
*Company incorporation in a maximum of 2 days, in the UK only. We create your extra-territorial company only, you organise your business at your convenience and under your sole responsibility. You alone organise your business, making it a business in Europe (company and company owner in the same country) (company and owner (shareholder) tax resident in the same country) and or a cross-border company in Europe. Together with your chartered accountant and tax lawyer, you manage your professional and personal tax obligations, which are specific to your country of tax residence. We never intervene or advise you on your tax situation, which depends on various parameters: country of tax residence, activity in Europe (company and owner of the company in the same country), etc.(company and owner (shareholder) tax resident in the same country) and or Company in Europe and other parameters that we do not know about your profile and your business. We are not responsible for the use you make of your company, as our work is limited to setting up your offshore company in the country (jurisdiction) you choose. The tax exemption applies only in the country that decrees this deregulation and not in the country of tax residence of the beneficial owner (shareholder) in which the latter must pay all his personal and professional taxes. You must pay tax on income, profits and dividends in your country of tax residence. If you operate in Europe (company and company owner in the same country)(company and owner (shareholder) resident for tax purposes in the same country) and or if you are an expatriate, certain obligations may be different. Subject to the legal and regulatory provisions of the beneficial owner’s country of tax residence. Failure to comply with the rules laid down by the country of tax residence of the beneficial owner will result in de facto taxation of the company in that country of tax residence. The situation of each company and beneficial owner is different, depending in particular on the location of the company and the country of tax residence of the beneficial owner, and what may work for someone in one country may not work in another. Customers are solely responsible for the use they make of their company. You must pay income tax in your country of tax residence.We strongly advise you to consult a tax lawyer and a chartered accountant, so that you can organise your business perfectly in the country where you want to set up your company. The basic principle in setting up an offshore company is to create a real business. We are not tax advisers and do not give any advice whatsoever, either on this site or by telephone. Our business is to sell a Company incorporation service and in no way to optimise tax. The general information expressed on this website is subject to all reservations regarding the legal texts applicable, country by country, at the time of publication of the said information; the information on this site may be incorrect, may only apply in a single country or territory or may no longer be applicable. The language used on this page and on this site does not correspond to a particular country but to a translation. We provide means and are not subject to an obligation of result.
. We do not draw up legal or private deeds. We do not provide legal or tax advice.
*Contact us. The bank will accept your application as soon as it has received the documents requested by the organisation and subject to your eligibility.
*Warning: the taxation of an LLP may be requalified, depending in particular on the tax rules of your country of tax residence and the activity and organisation of your LLP: it is your responsibility to consult a tax lawyer before placing an order for an LLP. Your LLP’s activity must be genuine in the country in which it is established, specific to a category of activity such as intellectual property, etc. The members of an LLP company must pay tax in their country of tax residence.
*Shareholders of a Company in Europe (in or near the European Union) must pay income tax, dividend tax, Puma tax and/or flat tax in their country of tax residence. In the event that the Company in Europe (in or near the European Union) lacks economic substance (absence of a place of business (premises, offices), physical presence (employees) and material presence, activity, etc.), the shareholders will pay corporation tax in their country of tax residence and at the tax rate of their country of tax residence. If the activity of the Company in Europe (in or near the European Union) is carried out in the country of tax residence of the shareholder(s),company tax is payable in the country of tax residence; for example, you set up a company in London but the company’s business is in France, you are a French tax resident and you will have to pay company tax in France.
Invoices issued by a company that has no economic substance, no real establishment, no physical or material presence, no activity, etc., are prohibited by the tax authorities; their use is reprehensible.
*The creation of a bank account by a third party is illegal, even with a power of attorney; we invite you to be wary of sites offering to open a bank account for you. A bank introduction* is a contact, via an Internet link (URL), with a neobank or physical bank; it does not in any way mean or guarantee that a bank account will be opened. The customer is required to provide the documents requested by the banking organisation (neobank or physical bank), which alone decides whether or not the applicant is eligible for a bank account. Please note that we do not, of course, create bank accounts, nor do we advise any bank on tax optimisation. Our bank introduction* service is only available to our business customers; the introduction, therefore, is only for companies in Europe (no tax optimisation) and we are not involved in setting up the bank account. The bank has the sole right to decide whether or not to open a bank account (art. L. 312-1, II CMF). The profile of the applicant for a bank account and his or her eligibility to open a bank account are decisive factors in the bank’s decision. A business plan (and/or website), a forecast, a professional CV, a banking history and/or recommendation may be requested; proof of identity and residence will also be required. For a Barclays or HSBC bank introduction*, you must speak English and travel to London will be required. For a company in the United Kingdom, an application for a bank introduction* in the UK, with HSBC, Barclays, Lloyds and all other English banks, requires that you have appointed an English director or manager; this also applies to all applications for a bank introduction* in Switzerland, Ireland and many other countries around the world. If necessary, you can apply for a bank introduction* on an online bank. We do not open bank accounts or offer tax optimisation; we have no interest in the online or physical banks listed on our website. Only the banks accept or reject a customer. If the bank refuses to open an account, we reserve the right to provide you with a 2nd bank introduction*, with another bank. Subject to current legislation and as an option. A bank introduction* is the same level of service as a recommendation or sponsorship; in some cases, our banking introductions are the result of prior contact with the bank.
*We only provide you with the internet link and/or mobile or landline telephone number that will put you in contact with the online bank or partner and enable you to apply to open an account. Only the bank has the final say. Any bank account outside the holder’s country of tax residence must be declared by the holder to the tax authorities in his or her country of tax residence; for France, here is the form for declaring a foreign bank account: https://www.impots.gouv.fr/formulaire/3916/declaration-par-un-resident-dun-compte-letranger-ou-dun-contrat-de-capitalisation-o
*Deregulation of the flow of dividends from a subsidiary to a holding company is only possible if the two companies are based in two different countries and these countries have entered into a specific agreement. Other conditions must also be met. Take advice from a tax lawyer before opting for a subsidiary-holding regime. We do not give legal or tax advice.
*Some of the information contained on this page may be erroneous over time; it is therefore non-contractual and deemed to be provided for information purposes only. Readers should check with a lawyer specialising in tax, commercial, business or international law to ensure that the information they are reading is still up to date at the time they read it.
*Accounting: we do not carry out the accounting ourselves, but put the customer in contact with an accountancy firm which itself invoices the end customer directly for the accounting.
*Subject to all reservations; please check with your tax advisor, who is independent of this website. We are not tax advisers and the information given on this website is subject to the application of the laws in force at the time the information was published. The information on this website may be incorrect, may apply to only one country or territory or may no longer be applicable. All tax residents must pay income tax in their country of tax residence. Non-contractual photos **https://www.academia.edu/30241914/PERTINENCE_%C3%89CONOMIQUE_ET_IMPERTINENCE_JURIDIQUE_DE_LA_LUTTE_CONTRE_LING%C3%89NIERIE_OFFSHORE_DANS_UNE_PERSPECTIVE_DE_SORTIE_DE_CRISE
*Legal disclaimer. The questions contained in this article are intended for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information on our website is correct, no warranty, express or implied, is given as to its accuracy and no liability can be accepted for any errors or omissions. Before ordering a service from us and in order for you to obtain confirmation that you will be able to use the service legally, both in the country in which your company is established and in your country of tax residence (in your capacity as legal representative of your company but also in the event that the actual activity is delocalised), you must take advice from specialist lawyers, which we are not.
As a reminder, here are some of the main rules that apply to you as the owner of a Company in Europe (in or near the European Union) (non-exhaustive list):
1- consult a tax lawyer on a regular basis (which we are not), so that you are aware of all your tax obligations,
2- declare and pay your taxes (income, BNC, dividends, flat-tax) in your country of tax residence,
3- declare your Company in Europe (in or near the European Union), in your country of tax residence, for France, form: https://www.formulaires.service-public.fr/gf/cerfa_15928.do
4- if you have not created any economic substance (materialization of your activity: premises, offices, employees, office equipment, real activity, etc.) in the country where your company is set up, you will have to pay corporation tax in your country of tax residence, as your company and your activity will be deemed by default to exist only in your country of tax residence; find out more about economic substance : https://www.service-societe.com/quest-ce-que-la-substance-economique/
5- never issue or receive invoices from a company that has no economic substance: never receive payments from customers or pay suppliers, employees or others from a company that has no economic substance,
6- when you set up a Company in Europe (in or near the European Union), you must create an economic substance in the host country of the said company,
7- you must, of course, be carrying on a legal activity,
8- if you use a director, you must assign him/her to carry out work related to the company in which he/she is a director,
8- if you use a director, you must check with a lawyer (which we are not) whether you are entitled to use a director under the legislation of your country of tax residence,
9- you must keep clear and accurate accounts: you must have an accountant (which we are not),
10- declare in your country of tax residence your bank account(s) set up in a cross-border country in Europe: https://www.impots.gouv.fr/formulaire/3916/declaration-par-un-resident-dun-compte-letranger-ou-dun-contrat-de-capitalisation-o
*The creation of a bank account by a third party is illegal, even with a power of attorney; we invite you to be wary of sites offering to open a bank account for you. An independent manager from our company, an account manager working for the bank, will call you to deal with your application to open a bank account. Our service is to put you in touch with the bank and not to open a bank account. The bank has the sole right to decide whether or not to open a bank account (art. L. 312-1, II CMF). The profile of the applicant for a bank account and his/her eligibility to open a bank account are decisive factors in the bank’s decision. We do not guarantee that a bank account will be opened. The introduction of a bank account is a service obligation, not a performance obligation. See our other conditions particulières Conditions particulières and general terms and conditions of saleConditions d’utilisation, de ventes et politique de confidentialité.
All bank accounts outside the holder’s country of tax residence must be declared to the tax authorities in the holder’s country of tax residence. For France, here is the form for declaring a foreign bank account: https://www.impots.gouv.fr/formulaire/3916/declaration-par-un-resident-dun-compte-letranger-ou-dun-contrat-de-capitalisation-o. It may be necessary to travel to open a bank account.
In the case of a Premium+ banking introduction*, our banking partner, who is independent of our company, will take care of your account opening request; regardless of our banking introduction* service, only the obligation of means is guaranteed,
there is therefore no guarantee that a bank account* will be opened; only the bank decides. We do not open bank accounts* ourselves. Any illegal activities or transactions brought to the attention of our banking partner* will be rejected at your expense, risk and peril. We reserve the right to dissolve your company in the event of proven suspicion of illegal activity. Our site is in the process of complying with the CGI 2024 bill (France). Whilst we do our best to keep the information on this site accurate and up to date, we make no warranties as to the accuracy, applicability, suitability or completeness of the content of our site. We disclaim all warranties, express or implied, of merchantability or fitness for a particular purpose. In no event will we be liable for any loss or damage including, without limitation, special,incidental, consequential or other damages. The content of this website is NOT intended to be, and should NOT be construed as, legal or tax advice. Our company is not engaged in the practice of law or taxation. If you wish to receive legal or tax advice, please contact a specialist lawyer or tax advisor.
Registered office
The company’s tax domicile, or registered office, is the address of the company’s registered office and must be in the UK. We provide this, of course, for a fee of €41 + VAT. per month, payable annually. This is the amount you will pay each year when you renew your company’s annual registration. This fee also includes digital mail management, support and follow-up.
The domiciliation address is the physical place to which legal and tax documents are sent, such as notices from government authorities or administrative, legal or tax notification letters, etc.
Satisfaction or your money back guarantee: registration of your company with a Satisfaction or your money back guarantee, subject to our receipt of the Company incorporation form, duly and fully completed by the customer, accompanied by a scan of the valid passport or identity card certified at the town hall or notary’s office, and proof of address less than 3 months old (landline or cell phone bill or electricity bill or equivalent, in French or English), for each of the directors, partners and members. Subject to the customer providing proof of identity and incorporation documents, legalized by a Notary, and to the customer travelling to the country of incorporation.
Deposit of share capital not included.
VAT number not supplied, except in Bulgaria.