Company Formation and Company Incorporation, Hybrid or Trust Establishment in Australia and Worldwide

Fast, efficient and cost-effective company formation and company incorporation, hybrid or trust establishment services for businesses and individuals looking at setting up a business or investment structure in Australia or overseas.


Company, Hybrid or Trust Set-Up

A business or investment structure for maximising investment returns and protecting assets.
Company formation or company incorporation may be considered as part of a business strategy, or an asset protection or a tax-minimisation structure for maximising investment returns. 

Company Formation, Company Incorporation, Hybrid or Trust Formation Services

At Inveiss, our company formation and company incorporation business consultants, tax and legal advisors assist clients in formulating an ideal structure suitable for their activities and requirements.  As part of our incorporation service, we provide the following:

1. Secretarial Register Pages, including:
    - resolution of members
    - resolution of directors
    - resolution of company secretary
    - consents to act
2. Register of Members
3. Register of Directors
4. Register of Shareholdings
5. Company Constitution
6. Share Certificates

Types of Entities

There are broadly three distinct typ of suctures that may be established from a legal and tax perspective:

(a) Incorporated Companies

An incorporated company is your general standard private or public limited company.  The rules for incorporation of a company may vary between jurisdictions, although in most key trading economies and offshore tax jurisdictions and financial centres, a usual company structure will have the following features:

• the company is a legal entity;
• it can conduct activities and hold assets in its own right;
• liability is limited by shares;
• a board of directors is responsible for the management of the company, although its duties may be delegated; and 
• it has annual filing and compliance requirements (in many offshore tax jurisdictions and financial centres, this may be minimal).  

(b) Hybrid Entities

Many offshore tax jurisdictions and financial centres are increasingly offering various types of different legal entities with more attractive tax incentives to attract foreign investors.  Examples of hybrid entities include:

• limited liability partnerships (LLP) or limited liability companies (LLC);
• companies limited by both shares and guarantee.

These hybrid entities offer similar benefits to a company structure, with additional benefits in terms of income protection and planning.  LLPs and LLCs function as limited liability entities with the advantage of a flow-through structure similar to a partnership for tax purposes.

Companies limited by shares and guarantee on the other hand are entities that have a similar structure to that of a trust. 

(c) Trusts or Foundations

Offshore trusts come in many forms, such as, private offshore trust companies, bare offshore trusts and discretionary offshore trusts. 

Foundations are similar to trusts in that foundations are legal entities that hold and manage assets for the benefit of the founder or third persons.  Foundations are often available in civil law jurisdictions that do not legally recognise the existence of trusts.

List of Countries

We provide incorporation services for almost all countries in the world.  Before making a decision on a jurisdiction however, there are other factors which should be considered - in particular, whether the international structure decided upon provides for greater operational efficiency and maximum returns.  As explained below, there are many other considerations which need to be borne in mind and we will be pleased to answer any queries you may have in respect of international tax planning and international business planning - you may submit an enquiry or contact us.

Other Requirements and Considerations

There are a few matters that you should consider before proceeding in a foreign country:

• If you are a high net worth individual who is contemplating establishing an entity to take advantage of tax incentives and lower tax rates offered by tax havens and offshore financial centres, it is essential for you to choose the correct structure and jurisdiction to ensure that you have a tax-efficient structure, suitable for your purposes.  To obtain further information on international tax planning strategies for high net worth individuals, please refer to our International Tax Planning section.
• If you are intending to establish, or to acquire, an entity in a foreign country as part of an international business expansion plan:

o         do you have an exit strategy and does your international business have a tax-efficient structure? Is your business utilising all available cost controls to increase profits?

o         have you considered whether your jurisdiction of choice is the best that is to offer for your international business?  Would you prefer to set up in a Special Economic Zone with entitlement to various tax and trade incentives?  Is your business entitled to other FDI incentives offered in the foreign country to attract foreign direct investments?

o         we also emphasise that you should consider registering all intellectual property rights or assets owned by your business before engaging in trade in the foreign market.

o         do you have a realistic budget to achieve your international business goals?

To obtain further information on international business development strategies, please view our business planning and business consulting programs and services at our Inveiss Business website.

Ancillary Business & Corporate Services 

We are able to offer other business and corporate services to you, including the following:

• Registered service office
• Business premises 
• Company bank account (in local or foreign currency)
• Resident nominee director
• Resident company secretary
• Resident nominee shareholder
• Accounting and book-keeping
• Secretarial and administration
• Annual filing requirements
• Translation service
• Local staff (if required) 

Information on Fees & Charges

(a) Fee Structure

Fees vary between jurisdictions and are dependent on currency fluctuations.  As a guide, fees cost between $500 to $3000 to incorporate a company or entity.  Other charges may also in respect of any given jurisdiction:

• Government Search Fee (only applicable in certain jurisdictions)
• Annual Compliance Fees and Charges 
• Government Filing Fees
• Government Taxes (varies greatly depending on jurisdiction) 

Apart from the above fees and charges, each jurisdiction require a certain amount of paid-up capital in the company or entity to be established and in addition, fees and charges for ancillary services may apply where required.

(b) Service Packages

For individuals, we offer an International Tax Planning service package at a standard rate encompassing the following services:

• international tax planning recommendations and advice
• establish offshore structure, including provision of all necessary incorporation documents
• arrange for transfer assets to offshore structure, including provision of all necessary corporate documents and legal contracts
• facilitate provision of ancillary business and corporate services, including annual compliance requirements
• provide a summarised report on vital information of structure, compliance requirements, assets and/or investments transferred by us for your records

For businesses, we offer several business planning service packages, depending on the mode of international expansion undertaken by a business.  For further information, please refer to the Business Consulting Programs section of our Inveiss Business website. 

(c) Request for a Full Quotation

Please submit an enquiry so that we may provide you with a full quote and details on all necessary fees, charges, documents and information required the incorporation process in the jurisdiction of interest. Alternatively, you may wish to contact us.

Time frame for incorporation

Incorporation is usually very fast for most jurisdictions, varying between 2 hours to a few days.  If a search is required however, the incorporation process may take up to 3 weeks.