Question Offshore Invest Structure

[Sir Gelato]

Hi everybody, here's the deal.
I'm looking if it would be possible to create an offshore or onshore company that can allow me to manage client funds without having any licenses (like forex, investment vehicles, etc etc.)

The structure is very simple if It's possible, a customer, business or personal; transfers funds and my company, with a previous agreement signed from the client, manages the funds.

¿Could be the setup possible? I've been thinking on some kind of escrow or trust setup.

Thanks a lot in advance, glad to have a community to share doubts...

Take care...

 

[Sols]

There are two sides to this.

1) Can you create an offshore company that allows you to manage other people's money without a license? Maybe, yes. Probably. It depends on the exact nature of what you're doing.

Great, you found a loophole in Saint Vincent, Vanuatu, or some other unspeakable jurisdiction. Next step...

2) Can you offer financial services to customers without complying with the laws of where those customers are located? No.

This is where most of these unlicensed forex and investment services fall apart. If you have customers in UK, EU, USA, Australia, and Japan, you have to comply with the laws of each of those countries. If you don't, you will struggle to find banking and payments processing, and may find yourself blacklisted or even prosecuted.

There are lots and lots of unlicensed forex and "investment" brokers operating behind offshore companies. They are routinely blacklisted by the UK FCA and other regulators, and have to jump from bank to bank as they get shut down. The owners are almost never caught, let alone prosecuted, but the risk is there.

 

[Sir Gelato]

There are two sides to this.

1) Can you create an offshore company that allows you to manage other people's money without a license? Maybe, yes. Probably. It depends on the exact nature of what you're doing.

Great, you found a loophole in Saint Vincent, Vanuatu, or some other unspeakable jurisdiction. Next step...

2) Can you offer financial services to customers without complying with the laws of where those customers are located? No.

This is where most of these unlicensed forex and investment services fall apart. If you have customers in UK, EU, USA, Australia, and Japan, you have to comply with the laws of each of those countries. If you don't, you will struggle to find banking and payments processing, and may find yourself blacklisted or even prosecuted.

There are lots and lots of unlicensed forex and "investment" brokers operating behind offshore companies. They are routinely blacklisted by the UK FCA and other regulators, and have to jump from bank to bank as they get shut down. The owners are almost never caught, let alone prosecuted, but the risk is there.

Thanks for the info,
You're right, I appreciate your response.

 

[khinkali]

If you have customers in UK, EU, USA, Australia, and Japan, you have to comply with the laws of each of those countries.

If you're regulated in EEA, then fund authorisation is supposed to be recognised by other EEA members.

The UK government are proposing the overseas funds regime (OFR) "a more streamlined regime for overseas funds". It will be interesting to see how streamlined it it, what jurisdictions will be seen as equivalent and which of those are least expensive or bureaucratic.

 

[CaptK]

Put the money in and set up a BVI or Cayman fund.
Cayman fund will cost you about 10K, but there are conditions for your clients to meet regarding sophisticated investors.

Banking is the largest hurdle but it's not as hard as it sounds. Look to wait upto 6 months for licencing.

 

[Dreamwalker]

Put the money in and set up a BVI or Cayman fund.
Cayman fund will cost you about 10K, but there are conditions for your clients to meet regarding sophisticated investors.

If an offshore company is in sale not under jurisdictions by UK, EEA, US, Austrailia, and Japan, would it be possible to open a bank account in BVI or Cayman Island be reserved to keep client funds?
Any recommendations about financial institutions?

 

[CaptK]

It all depends on what country the company is in and where your customers are.

Please elaborate on the country the company for sale is in.

 

[Dreamwalker]

It all depends on what country the company is in and where your customers are.

Please elaborate on the country the company for sale is in.

Incorporated in SVG for sale (FOREX trading) around Asia excluding Japan.

 

[CaptK]

Incorporated in SVG for sale (FOREX trading) around Asia excluding Japan.

It would be difficult to open a bank, maybe a local one in SVG.

What you really need to do is get a investment company licence in a more palatable jurisdiction. That will allow you to take deposit from sophisticated investors.
Then you can open bank, that's the biggest problem.

Look at Mauritius rather than SVG and don't go for a Forex licence go for investment licence then you are covered for everything.

 

[Dreamwalker]

What you really need to do is get a investment company licence in a more palatable jurisdiction. That will allow you to take deposit from sophisticated investors.
Then you can open bank, that's the biggest problem.

Look at Mauritius rather than SVG and don't go for a Forex licence go for investment licence then you are covered for everything.

Sorry, I haven't explained details the SVG company is also for sale of Binary Option. I'm also trying to get Mauritius license just like you said and it is currently developing now.
The problem is, selling Binary Option on target countries (most likely in Asia) makes a difficulty to get local bank transfer.
I also have posted a new thread today about faced problem having local bank transfer; FPX payment in Malaysia.
https://www.offshorecorptalk.com/th...s-in-forex-trading-for-fpx-transaction.30759/

 

[CaptK]

Thats gonna be difficult or very expensive.

 

[exprtadvisrdev]

Put the money in and set up a BVI or Cayman fund.
Cayman fund will cost you about 10K, but there are conditions for your clients to meet regarding sophisticated investors.

Banking is the largest hurdle but it's not as hard as it sounds. Look to wait upto 6 months for licencing.

If the fund is issuing STOs (security tokens) will cost the same? I guess is similar since you are moving funds from clients. How much will costs annually?

I know Cayman Island will regulate crypto funds this year like they did with closed edge funds but looks like could be an easy/cheap jurisdictions for that kind of companies

 

[CaptK]

Set up is approximately 20K in total 10K for the company and licence then 10K for other expenses.

 

[Dreamwalker]

Thats gonna be difficult or very expensive.

I don't expect will be easy. The thing I need to know is if I can make it and how - will have appropriate licenses for sale of FOREX but the problem is BO. I will sell BO is only under the SVG jurisdiction but markets won't be included countries should require a specific license.

 

[Piano]

Not easy to do but definitely possible , yes cayman islands !

 

[tacokai]

I don't expect will be easy. The thing I need to know is if I can make it and how - will have appropriate licenses for sale of FOREX but the problem is BO. I will sell BO is only under the SVG jurisdiction but markets won't be included countries should require a specific license.

did you speak with any professional yet? I know there are consultancy firms around that specialized in licensing business activities like yours.

 

[Dreamwalker]

did you speak with any professional yet? I know there are consultancy firms around that specialized in licensing business activities like yours.

Who are the professionals for Binary Option licensing?
I have been working with several consultancy firms and law firms to setup a couple of multinational companies but they could give some advices doesn't mean the right solutions.

Simply, Binary Option under the SVG jurisdiction starting in 2020/2021 looks very difficult.

 

[life]

Do ready made caymen fund licenses exist? if yes what will be the costs? or can they be set up with nominees? One last question what type of license is needed for running a VC?

 

[topleaders]

Hi everybody, here's the deal.
I'm looking if it would be possible to create an offshore or onshore company that can allow me to manage client funds without having any licenses (like forex, investment vehicles, etc etc.)

The structure is very simple if It's possible, a customer, business or personal; transfers funds and my company, with a previous agreement signed from the client, manages the funds.

¿Could be the setup possible? I've been thinking on some kind of escrow or trust setup.

Thanks a lot in advance, glad to have a community to share doubts...

Take care...

Actually, this is exactly what I'm looking for too...

I have a good investment strategy that has 50-80% annual growth with 8 years of track history.
I'm investing in USA IPO's through European broker, and now I have some friends and family who want to basically invest money into the ''pool''
People are from EU and USA

Now I don't know how to legally do that, any advice? I am in the process of opening an offshore company for that.

Now my question is, how to legally collect money from people and invest it as a company?
I was thinking to make every investor a shareholder, ie. if they invest 10k i will give them 100 shares of the company.
Or maybe raise money through crowdfunding? Will that work?

Maybe invoicing consulting or similar digital product /services and then that money invest in the stock market and internally have contract and agreement (how legal is that lol)

I would really appreciate if anyone has some constructive ideas!

Thank you!

 

[happyjohn]

I'm investing in USA IPO's through European broker, and now I have some friends and family who want to basically invest money into the ''pool''
People are from EU and USA

If this is indeed the case, I don't understand what the entire problem is in this thread! You are allowed to do that activity as long as it is family and friends.

In the Seychelles they have this CSL company and in Cyprus you can register your company for this purpose without license!