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Article Published in the Offshore Investment
Magazine June 2000
PINNACLE ST. LUCIA: Innovative, State of the Art,
IBC Registry
The laws
passed include The International Business Companies Act, The International
Trusts Act, The International Mutual Funds Act, The International Trusts Act,
The International Banks Act and the Registered Agent & Trustee Licensing
Act. While these laws are designed to meet client demands they are unique in
that they are formulated to collectively provide effective regulation even
though the capital requirements for banks and insurance companies are
relatively low. The IBC has the distinctions of allowing an election either to
pay tax at 1% or to be exempted, as well as having an annual license fee of
only $300 regardless of the stated capital of the company. Trusts formed under
the International Trusts Act will be able to benefit from aggressive well
thought out asset protection provisions that are in line with other competing
centers. The Mutual funds act allows for private and public funds that can be
constituted either as IBCs or as trusts.
St. Lucias
entry into the industry is expected to succeed not only as a result of the
effective legislation but because of a state of the art registry system. Based
on consumer demands and industry trends, the strategic decision was taken to
develop an online international business companies registry and to promote and
market this registry as Pinnacle St. Lucia the worlds only public
online IBC registry.
The system is public
and will be used by individual clients, the Local Registered Agents (LRA), the
Licensed International Professionals (LIP), (who are overseas agents associated
with the LRAs), the Registrar of International Business Companies and the
Director of Financial Services. Each user will have the ability to carry out
various functions based on their respective needs and the control that a
registry system requires. These functions in the past could only have been
completed by physically visiting a companies Registry, or by using traditional
communication and research methods.
Through this unique system any individual will be able to
access the registry through the Internet via the Pinnacle St. Lucia web site to
perform the following functions:
Conduct name searches, allowing the user at no cost to
determine whether a name is available for reservation or an eventual
incorporation.
Reserve
names for 30 days to use for a future incorporation of an IBC.
Complete,
review and submit an IBC incorporation application to an LRA who the user is
able to select online. LRAs are able to complete online the incorporation
process by reviewing and submitting IBC incorporation applications to the
Registrar.
Receive
instant notification of his/her IBC incorporation, and immediate access to that
IBCs register. An IBC register has been developed which is a very
effective and easily understood means of documenting and tracking the changes
to essential public company information. Each company in the IBC registry will
be assigned an identifier and separate register. The register will include the
name of the IBC, incorporation date, registered agent, memorandum and articles
of association and all transactions effected. This model is unique in the
industry and is expected to be very well received by clients and other registry
users.
View free
of charge the register of any company with which s/he is associated either as a
client, an LRA or an LIP.
Request
and view online the register of any IBC incorporated in St. Lucia. This
function can be used by any person seeking public information on companies with
which they are not associated, upon payment of the requisite fee.
Request
certificates and certified copies: For a fixed fee all public information will
be copied, certified and couriered to the person making the request any where
in the world.
Communicate with any user (LIP, LRA, the Registrar, and clients), in
relation to any company or request through a secure and private message box
system.
Pay for
registry services online through the use of a credit card either by the client
or registered agent as applicable.
The system is designed to be consistent with the law. Only
the local registered agent who has been approved by the Minister for
International Financial Services may submit companies for incorporation. Other
users may complete the incorporation applications but they must choose an LRA
to represent them. There is even an online due diligence questionnaire to make
the work of the LRA that much easier. Significantly, on request of the client
and after the requirements of the IBC Act have been met, the LRAs can request
online an amendment to the memorandum and articles of association with respect
to any IBC he/she represents.
Considerable effort and expense have been invested to ensure
that the system is secure and that an unparalleled level of service is
provided. The registry system guarantees user security and confidentiality as
the transfer of data is more secure than other traditional communication
methods. All online transactions are safe and supported by the best and latest
technologies available, including Secure Sockets Layer (SSL) 128 bit encryption
security, which is the highest commercial data transfer encryption security
available worldwide.
Competing Caribbean and international jurisdictions are
seeking to develop truly online registry services. Though there are some
territories promoting the online registry concept, this is often limited to
merely name reservation and or access that is limited to local service
providers and their agents. None of them are public; therefore the client does
not have any access to his company records or to other registry data. Pinnacle
St. Lucia has crossed this bridge and is poised to place this island paradise
on the map as being an I.T. leader and at the forefront of innovations in this
industry.
With this leading edge technology, St. Lucia will have a
great advantage over other jurisdictions, as the system will provide to clients
and professional advisors the ability to instantly access information on the
affairs of international business companies with a responsiveness not currently
seen in the industry. This is advantageous to the client as additional
costs/fees ordinarily incurred when obtaining information from an IBC Registry
are reduced substantially. For example, a client traditionally when requesting
a company search or requesting copies of documents would be billed by an agent
not only the prescribed fee of the request, but also for the per hour fee of
the agents services for executing this request (i.e. man hours taken to
visit the IBC registry, search records, prepare documents, etc.). The
professional advisor no longer has to physically visit the Registry in order to
provide the service required by his client. This can now be done from a
computer terminal in his office, at his home, in a hotel room, or anywhere else
in the world he may be.
The system will be functional on line in June this year.
Presently, the final testing and developmental touches are being completed.
Training programs are also being prepared and will start for the LRAs in mid
May. It is anticipated that LRAs will find this system extremely useful, as it
will rid them of the onerous burden of producing several hard copies for
incorporation and at the same time allow them to process a greater number of
applications more quickly and thoroughly.
In addition to the online registry, the web site
(www.pinnaclestlucia.com) has been designed to promote the country and its key
economic sectors. There is visitor information for tourists and links to hotel
and other related sites. The attractiveness of the country for manufacturing
and other investors is also be highlighted. It is anticipated that this
information section will ensure that even if the site visitor does not use
Pinnacles services s/he will not escape the beauty, charm and opportunity
St. Lucia offers.
Pinnacle St. Lucia has thought of everything the user
requires of an online corporate registry. This combined with the legislation
developed certainly set St. Lucia apart from the competition and will be a
major factor in the success of this jurisdiction in the financial services
industry.
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