Seychelles Trusts

Licenced and Regulated in Seychelles

WhatsApp or SMS (Messaging):

+248 2632111

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FAQs

Do we have to pay before you will release documents or process orders?

We will process most orders before receiving payment so as not to cause delays, but we will wait for payment before despatching documents by email or post or courier. We do not extend credit, but we can allow established clients to pay after document despatch. We also have special arrangements for active professional intermediaries.

How can we pay? What methods of payment do you accept?

We are flexible but we prefer payment via bank wire transfer (SWIFT, IBAN, online payments) and most of our clients pay by this method. We can receive payments in United States dollars, Euros, British Pounds, Singapore dollars, and Seychelles Rupees. Other currencies are also allowed but they will be converted to one of the above currencies by our banks. We can also accept credit card payments from VISA and Mastercard holders. You may also send money straight to one of our bank accounts via international money order services like MoneyGram or Western Union but we only recommend this if you absolutely cannot pay by bank transfer or credit card because bank charges are very high. If you are in Seychelles we may accept, and bank small amounts of cash denominated in major international currencies or in Seychelles Rupees (value less than USD 2000). Bank notes must be of very good quality so as to be acceptable to Seychelles banks.

Can you apostille our documents?

Yes we can because Seychelles is a party to the Hague Convention of 1961. Original documents bearing the signature and/or seal of a public official (such as that of the Registrar on a certificate of incorporation) can be apostilled without prior certifications or authentications. Other documents and all copies require notarization or other certification or authentication before they can be apostilled. In Seychelles apostilles are affixed by the Registrar of the Supreme Court, and the process is usually very quick and not expensive.

Do we need to apostille the documents?

You will in some circumstances but not all. Some banks, government bodies and private individuals or businesses in transactions overseas (not in Seychelles) may ask for apostilled documents. An apostille is an internationally recognized form of authentication. It is an international certification comparable to a notarisation in domestic law. The sole function of the apostille is to identity any stamp or seal affixed to an official document, to certify the authenticity of the signature on the document, and the capacity in which the person signing the document acted. Under the Hague Convention, participating countries have agreed to recognize public documents issued by other signatory countries if those public documents are authenticated by the apostille. The apostille guarantees that public documents issued in one signatory country will be recognized as valid in another signatory country.

We will have professional directors and nominee shareholders. What documents will help us prove ultimate beneficial ownership?

The persons registered as directors and shareholders (the persons appearing on the registers) may not in fact be the persons who ultimately control an IBC and who benefit from the successes of the IBC. They may be professional directors and nominee shareholders. Directors (and Professional directors) can be removed by shareholders who are controlled by ultimate beneficial owners. Normally when professional directors and nominee shareholders are appointed, agreements called directorship service agreements and nominee shareholder agreements are signed by these persons and the ultimate beneficial owners. Because of these agreements the professional directors and nominee shareholders will not be able to appoint new directors or sell shares without the prior approval of the ultimate beneficial owners, and we would not process the changes without the written consent of the ultimate beneficial owners. The Beneficial Ownership Act 2020 also requires that beneficial owners sign a declaration, in prescribed form, to confirm that they are the beneficial owner, and based on this, their names are entered into a Beneficial Owners register. The contents of the register are uploaded into a centralized government database (not public). The declarations and register can also be used as proof.

We want professional directors and nominee shareholders. What documents can we have to protect us from them?

For nominee shareholdings we may provide a nominee shareholder agreement which includes the undertakings found in a declaration of trust, where the nominee shareholder declares that the shares and the benefits and rights attached to them actually belong to you, and that the nominee will not do anything without your written instructions. As the registered agent we will respect and follow such an agreement or a declaration of trust. The terms of business that you have with us also serves to protect your interests in your relationship with us. For professional directorship appointments (also commonly called “nominee” directorships) we provide a director service agreement which includes similar undertakings as those in declaration of trust or in nominee shareholder agreement.

We want a nominee shareholder. Can we have a declaration of trust?

Yes you can. We have some templates which you can amend to suit your needs. The declaration of trust can then be signed by the nominee shareholder to confirm that the beneficial owner is the real owner of the shares. The declaration also states that the nominee shareholder cannot transfer or dispose of the shares unless the beneficial owner provides written instructions. It also makes it clear that all benefits and rights belong to the beneficial owner.

What can we expect from a nominee shareholder?

A shareholder is someone who is listed as the owner of shares in the company’s share register. The holders of the shares, i.e. the legal owners of the shares, are also expected to be the beneficial owners of the shares i.e. the people who receive dividends and other benefits from the shares, and who ultimately control the company based on their rights to appoint or remove directors, or approve changes to the company’s constitutional documents. However, it is possible to separate legal ownership from beneficial ownership so that the official holder of the shares do not actually benefit from the shares. Someone else called the “beneficial owner” ultimately receives the dividends and has control through the nominee shareholder. The nominee shareholder is appointed by the beneficial owner and is required by prior agreement to act in accordance with the beneficial owners instructions and wishes. A written agreement is usually signed by both parties to protect the beneficial owner, to ensure that the nominee follows the beneficial owner’s instructions at all times. Effectively the nominee shareholder works for the beneficial owner and performs the shareholder duties and exercises the shareholder rights for the beneficial owner. A nominee shareholder can save the beneficial owner some time from such activities, and also serves to protect the beneficial owner’s privacy.

Can you provide a nominee shareholder?

Yes we can. We have short listed approved individuals who may provide this service. We can also provide a corporate nominee shareholder. A Seychelles nominee shareholder will sign an agreement to act on your instructions only and to not benefit from the shares of your company. You can also appoint your own overseas nominee, perhaps your lawyer, accountant or other professional intermediary, or a good friend or trusted family member.

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