China Offshore 7th Annual Company Formation Guide

Page 248

有限责任公司:灵活的企业架构工具

Limited Liability Company: A Flexible Corporate Vehicle Tamatoa Jonassen, Cook Islands FSDA

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Tamatoa Jonassen Tamatoa担任库克群岛金融服务发展局 的首席执行官一职。他在金融行业中工 作多年,为高净值人士客户管理复杂的 国际公司和信托交易。他持有法学博士 学位和太平洋和亚洲法学研究的毕业证 书。 Tamatoa is the CEO of the Cook Islands Financial Services Development Authority. He has worked in the financial industry managing complex international corporate and trust transactional work for high net worth clients. He holds Juris Doctor degree in law and a law certificate in Pacific and Asian Legal Studies.

限责任 公司在美国颇受 欢 迎,为客户提 供灵活的企 业 架构工具,对企业 主的责任 进行限制,让它成为在财富架构和企 业利益方面有吸引力的选择之一,也为 价格高昂和手续繁琐的国际商务公司 (IBC)提供了一个备选方案。为了让 有限责任公司(LLC)发挥最大作用, 就必须知道它在财富架构中是怎样成 立、管理和使用的。 成立 有限责任公司在库 克 群岛是 基于

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Company Formation Guide

opular in the United States, limited liability companies provide clients a flexible corporate vehicle that limits the liability of its owners making it an attractive option for structuring wealth and business interests and an alternative to the higher cost and formalities of the international business company ("IBC"). To maximize the use of a limited liability company ("LLC"), it is expedient to know how one is established, administered, and utilized in wealth structures. Establishment An LLC established under the Limited Liability Companies Act 2008 ("Act") in the Cook Islands can be organized for any lawful business purpose in any part of the world, and is registered through a Cook Islands licensed trustee company. An LLC requires a registered agent in the Cook Islands provided by the trustee company. The trustee company will lodge an articles of organization with the Registrar, and upon receipt of applicable filing fees the Registrar will issue a certificate of organization ("Certificate"). The Certificate is conclusive evidence that the LLC is a limited liability company registered in the Cook Islands and its registration is valid for 12 months, renewable annually. A new Certificate is issued whenever

the LLC is renewed. In the event that the LLC's registration is not renewed, then the LLC may be suspended and subject to de-registration and eventual dissolution. An essential part of engaging a trustee company is completing the Know Your Client/Anti-Money Laundering requirements under Cook Islands law. Although LLC's can be established within twenty-four hours electronically without having to be in the Cook Islands, establishment could be delayed if clients do not provide acceptable documentary evidence identifying and verifying who they are. Trustee companies must be


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