Nevis Economy, Currency Exchange Controls, and Economic Legislation

BusinessLegal

  • Author Aurelia Masterson
  • Published May 25, 2010
  • Word count 602

Overview – Nevis has taken many steps to financial independence and marketability. For example, the country is no longer a member of the Financial Action Task Force (FATF) which is an international organization dedicated to "anti-money laundering" activities. It has signed several tax treaties with countries such as the Netherlands and New Zealand, though not with the USA and there are no indications that it plans to sign one with the USA in the near future. Nevis is great jurisdiction for banking.

The Legislation – A following is a list and explanation of the relevant Nevis laws:

  1. Banking Act 1991 – This act regulates domestic banking within Nevis. It also requires that foreign banks be licensed and lays out the requirements for all banks, such as that a minimum of one bank director must be a citizen of the Federation of St. Kitts and Nevis.

  2. Confidential Relationship Act 1985 – This act lays down the sentencing terms for those who would violate Nevis’ strong bank secrecy and the integrity of their financial information. It is against their laws to give out this information, though several recent treaties have penetrated this legal framework (does not affect US or Canadian citizens)

  3. Income Tax Ordinance - What this law established was that there will be no taxes levied such as personal income tax, capital gains tax, estate taxes, or sales tax. While there are other taxes in Nevis, they do not affect those wishing to operate offshore companies and whose income is derived from outside of Nevis.

  4. Nevis Business Corporation Ordinance 1984 – This was the law that first brought Nevis to the world stage as an international tax haven with solid corporate laws. Passed in the year after it won its political independence from the UK, it established that anonymous corporations could be formed with no ownership recording necessary and that they would not be taxed.

  5. Nevis International Exempt Trust Ordinance 1994 – This ordinance relates to trusts and their anonymity. The law does not require the trustor to be listed in the public registry, and it also states that foreign judgments will not be recognized or enforced in Nevis. The party wishing to do so must domesticate the judgment and this is extremely difficult to do. To even start the process they need to pay a $25,000 bond and pay a lawyer up front for their services. As a bonus tidbit of information, the ordinance’s initials NIETO spell out the Spanish word for "grandson."

  6. Nevis International Exempt Trust (Amendment) Ordinance 2000 – The amendments made six years later only strengthen the trust law. What was changed was the terms in which cases involving fraudulent conveyance would be handled, the information put into the public registry, which only affects foreign trusts, though all trusts now must be registered within 45 days of its formation.

  7. Nevis Limited Liability Company Ordinance 1995 – The Nevis LLC is not a corporation or a partnership though it offers some of the same benefits with even less requirements to record certain information in the public registry. There are not owners but members (minimum of one), and they can exist perpetually.

  8. Nevis Offshore Banking Ordinance 1996 – This delineates offshore banks in Nevis and includes sections that detail the regulation involved with receiving money from offshore, selling or receiving bonds, bank notes, or any other kind of securities, especially from offshore, and what they can do with money for loans and investments nationally and internationally.

  9. Nevis Offshore Banking (Amendment) Ordinance 2000 – This law was amended to include provision for the regulation of the Eastern Caribbean Central Bank. This was a response to increasing pressures around the world, though their banks have retained their integrity.

http://www.panamalaw.org

Aurelia Masterson writes for http://www.panamalaw.org

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