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Company
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Bank License
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Bank License: Difference New Zealand OFC/ Bank License Cayman Islands
A New Zealand Financial Services Companies with
Bank Services License may offer typical bank services to consumers as
well as to companies without any restriction to the number of clients,
assets or currencies. The FSC is useful as bank or asset protection
company.
The
FSC is not regulated by the Central Bank or financial authority of New
Zeeland. Thus it can not
have its own SWIFT code and always needs a corresponding bank.
Also
the FSC will not get credit from any central bank.
Although, a FSC is not out of any juridical regulations at all: several
regulations have to be obeyed
(see
below), eg Securities Act 1978 Also, Basel II has to be applied when
running business from a FSC. If a FSC violates these rules, the
authorities on New Zeeland may close the business.
In terms of New Zeeland’s Banking and Finance
Acts, a FSC has to be seen as an Offshore FSC, so it
may offer its services only abroad
A Brief Overview of the Terminology
Bank:
Banks are defined as deposit banks, which may offer bank typical
services (invest and distribute third-party funds, provide loans, lawful
currency, etc...). Banks as defined by (term) are, as a rule, subject to
the supervision and oversight of the relevant agency and/or the
country's Central Bank. As a rule, the banks must comply with the Basel
II Accord and as such must commission an auditing firm.
Financial Services Companies with Bank Services License
These financial services companies may offer bank typical services.
Typically such financial services companies may only offer their
services to customers outside of the seat country, consequently the term
"offshore financial services company with a license for bank services"
is utilized. The New Zealand Financial Services Company is an
example of this. These institutes are, as a rule, subject to the
supervision and/or oversight of the relevant oversight agency or the
country's Central Bank.
Offshore Bank:
The term offshore bank is not defined and for this reason is utilized to
describe a number of institutes. It can be defined as: deposit banks as
defined by (term), which can only be active outside of the seat country,
in other words "offshore". Such an institute can be subject to the
oversight and supervision of the relevant agency and/or Central Bank or
not. Deposit banks are often defined as an offshore-bank, which is
subject to the supervision and oversight of the respective agency and/or
the country’s Central Bank and may offer bank services in the seat
country, however the offshore-bank’s seat country is located in typical
tax-havens.
Most jurisdictions impose heavy regulation on the banking sector and
entry requirements are often designed to discourage the establishment of
new banks. One refreshing exception is
· -Deposit taking and lending
· -Offering of securities
· -Issuing of financial guarantees
· -
Cash management services
· -Payment services
· -Current accounts
· -
Checking accounts
· -Savings accounts
· -Term deposits
· -Certificates of deposit
· -Wire transfer services
·
-Credit and debit card services
· -Marketing investments
· -Share brokerage
We
offer a complete service package including:
· -Finance Company entitled to offer financial services
· -Certified Company documents and Company seal
· -
Registered office and resident agent
· -All
relevant government filings
· -Registration of securities
· -Approved Issuer Status
· - Eurowire membership and setup fee
A new Finance Company can be legally formed and registered in as little
as 72 hours (not including additional government filings). A Company
name can usually be secured within 12 hours. The Company is required to
have a minimum of one director and one shareholder. Directors and
shareholders can be of any nationality and resident anywhere in the
world. The Finance Company cannot offer securities to the public of
As alternative solution: An A-Bank license on
The
Advantages of a Full Bank in the
·
small amount of start-up capital
·
no taxation, even banks do not pay any taxes
·
protection of assets
·
anonymity
·
legal security
You
will also find information on our websites:
http://www.etc-lowtax.net/english/bank_bcr.htm
OFFSHORE FINANCE COMPANY (OFC) NEW ZEALAND
Most jurisdictions impose heavy regulation on the banking sector and entry requirements are often designed to discourage the establishment of new banks. One refreshing exception is New Zealand, a highly respected jurisdiction with a modern legal framework and rated the most business friendly nation in the world by the World Bank in 2005. Banking services can be offered in and from New Zealand by different types of entities, including but not limited to Registered Banks, Finance Companies, Credit Unions and Building Societies. We focus on the New Zealand Finance Company which is not subject to supervision by the Reserve Bank of New Zealand and yet entitled to offer banking services to its individual and corporate customers worldwide. With your own banking business you are legally able to engage in activities such as:/span>
-Deposit taking and lending
-Offering of securities
-Issuing of financial guarantees
- Cash management services
-Payment services
-Current accounts
- Checking accounts
-Savings accounts
-Term deposits
-Certificates of deposit
-Wire transfer services
-Credit and debit card services
-Marketing investments
-Share brokerage
-Fund Management
We offer a complete service package including:
-Finance Company entitled to offer financial services
-Certified Company documents and Company seal
- Registered office and resident agent
-All relevant government filings
-Registration of securities
-Approved Issuer Status
- Eurowire membership and setup fee
A new Finance Company can be legally formed and registered in as little as 72 hours (not including additional government filings). A Company name can usually be secured within 12 hours. The Company is required to have a minimum of one director and one shareholder. Directors and shareholders can be of any nationality and resident anywhere in the world. The Finance Company cannot offer securities to the public of New Zealand without a registered prospectus, a supervisory trustee and the use of investment statements as per the requirements of Part II of the Securities Act 1978. The Finance Company is not subject to such requirements if services are offered to clients outside New Zealand only.
Regulation
Although the structure is not subject to Central Bank daily supervision
and regulation, its activities are regulated by several acts. The New
Zealand Securities Commission has posted Corporate Governance principles
that apply to their business entities as well as legislative acts for
banking operations. The relevant acts follow: Bills of Exchange Act
1908, Cheques Act 1960, Companies Act 1993, Consumer Guarantees Act
1993, Credit Contracts and Consumer Finance Act 2003, Electronic
Transactions Act 2002, Fair Trading Act 1986, Financial Transactions
Reporting Act 1996, Investment Advisers (Disclosure) Act 1996, Personal
Property Securities Act 1999, Proceeds of Crime Act 1991, Property Law
Act 1952, Reserve Bank Act 1989, Securities Act 1978, Unclaimed Money
Act 1969.
Nexor One
The NexorOne™ Online Banking System is a entirely online account manager for pooled funds. It generates messages to the administrator transmitting the instructions from the users. With a user friendly menu and thoroughly tested, completely self customizable interface the software provides a solid platform allowing your customers to feel confident that they are backed by a stable institution. Making use of every available advantage of the internet and online banking, the system gives the users the ability to execute every kind of transaction and use all the services offered by the financial institution on a cross-browser compatible interface. It makes it the perfect tool to have a low cost interaction with customers, while still able to tend to all their needs. The users are able to transfer money in/out/between accounts and to debit cards (optional).
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By safely empowering the users to request transactions online, assisted by the system, the administrator has only to accept or cancel operations while viewing on screen all the information needed to take the decision. Since all the transactions are performed through the system only, the accounting and detailed customizable reports are always in real time and up to date. Additionally, the system keeps a detailed trail of all activities, making it very easy to narrow down precisely when those activities occurred. The system can automatically generate revenue by applying customizable transaction fees predefined by the administrator. The system offers the ability to handle accounts in different currencies, as well as a multi-language capable interface to expand to distinct international markets and the multi-region friendliness for defining all the different formats.
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Online banking system for account management and secure messaging with customers
Interfaces and Options:
Main features the Administrator is able to access:
Main features the Users are able to access:
Customized Solutions and Enhanced Support
We offer a complete solution to all our clients’ needs, which means that after NexorOne™ is bought as a stand alone package, we’ll back you up with all the tools you might need.
Eurowire
Eurowire® provides a secure wire transfer clearing and messaging system for participating financial institutions. Services are not offered to non-financial institutions or to individuals.
The system can be utilized for sending and receiving international SWIFT® payments (MT103) through a secure online interface and to exchange encrypted messages with other financial institutions in real time.
Provision of Financial Services - Formation of a Bank - Bank License
We form companies with a bank for our clients - and/or financial
services license, i.e. asset management companies, primarily in the
following countries:
· Sweden
(Swedish Credit Union)
· Panama
(Panama AG with Financial Services License)
The licensing prerequisites differ greatly from country to country, in
particular with regard to required capital stock of the bank and/or
asset management company. The basis is, as a rule, the installation of a
stock corporation according the respective laws of the country in which
the company is registered, in addition the installation of an ordinary
company seat in the country in which the company is registered. This
stock corporation applies for a financial service provider and/or bank
license. An excellent alternative can be a
New
Zealand Bank.
A New Zealand Online Bank (correct term: New Zealand financial service
provider with a banking license) both private persons and companies can
offer bank services via the Internet without any restriction on customer
numbers, deposit amounts or the number of currencies.
The fees for the foundation of a bank and/or asset management company
are based on the country in which the entity is registered and the type
of services. To learn more please refer to the individual web pages.
Tax Structure
In addition, in the formation of a bank or asset management company tax
structuring plays an important role. We take over tax structuring within
the scope of the "affiliated companies", for example foreign parent
company and domestic subsidiary, formation of a foreign holding to
collect domestic dividends exempt from taxes and many more.
The Correspondent Bank (Correspondent Bank Account)
We are the only provider in Europe to provide a connection to
correspondent banks in Liechtenstein, Switzerland, Singapore or UAE.
Banking Software Online Banking
We offer our clients NexorOne online banking software for example:
within the scope of the formation of a New Zealand financial services
provider company with a license for banking services, installation of an
asset management company and/or Swedish Credit Union. The full version
of the software provides complete online banking services, it is however
only available in English.
-Bank License USA and Switzerland:
License fees, attorney fees: approx. 150,000.00 Euro/ USD
Capital Stock: approx. 5 Mil USD/CHF, depending on the country in which
the company is registered. USA: 10 Mil. USD at the FED.
The formation of a US INC and/or Swiss AG as the bank company with the
capital stock of the bank is required.
The directors/general manager must have an education in banking
(for example: banker) and experience in the management of a bank.
A nominee director is not possible, accordingly the client would have to
move his principal residence to the country in which the company is
registered and/or hire a Director who resides in the country in which
the company is registered. Further license requirements are similar to
those in Germany, this includes among other things a viable business
plan, profit and loss calculation for the first three years, General
Terms and Conditions of the bank according to the statutory provisions,
becoming a member of the investment guarantee funds, required insurances
etc.
In addition to the basic foundation and license fees, the following
costs can also be relevant:
·
Preparation of the General Terms and Conditions (T&Cs), agreements
between customers and bank, credit agreements
·
Homepage of the bank, Online-Banking-System
·
SWIFT Code, IBAN, international payment transactions, electronic
communication channels and interfaces
·
Connection to credit card providers, Visa-MasterCard etc.
The basis is the German Banking Act Section 32 Article. 1 et seqq. [KWG,
German Banking Act]. We accompany our clients from conception to the
licensing of the bank (Federal Financial Supervisory Authority, Bafin).
The fees are based on the "type of financial services" and the required
services we provide. Accordingly we provide the formation of "the
company of the bank", as a rule a German AG [Inc.], the provision of
banking software and "tax optimization" measures.
In addition to the basic foundation and license fees, the following
costs can also be relevant:
·
Preparation of the General Terms and Conditions (T&Cs), agreements
between customers and bank, credit agreements
·
Homepage of the bank, Online-Banking-System
·
SWIFT Code, IBAN, international payment transactions, electronic
communication channels and interfaces
·
Connection to credit card providers, Visa-MasterCard etc.
-Financial Service Panama:
We offer you the company form of a Panama S.A. with a license to collect
and administer (invest) customer assets.
With this service we make it possible for you to offer classic
asset management or financial services without banking hours and
teller's windows, with all licenses for trustee management of client
moneys.
-Swiss Credit Union:
A Swedish Credit Union
can legally offer services in the EU, which can normally only be offered
by fully licensed banks, such as accepting deposits, making loans, etc.,
as long as these services are provided exclusively to members of the
Credit Union. A potential customer can become a member automatically, if
he/she wants to open an account, applies for a loan or take advantage of
any other service provided by the Credit Union. However the legal
situation has changed in Sweden due to EU level provisions: Members of a
Swedish Credit Union must now belong to one specific profession / group
of professions and may only be natural persons.
-New Zealand Financial Service Company with Bank Services License
A New Zealand financial services company with license for bank services
can offer services to private persons and companies globally without
restrictions on the number of clients, the deposit amounts or the number
of currencies. However the laws of countries, in particular the German
Banking Act [Kreditwesengesetz (KWG)], must be observed under this
constellation.
The New
Zealand Bank can provide almost all services, which can be offered by
banks with A License, however the word „Bank“ may not be apart of the
name. The service activities of a financial company are as follows, but
are not restricted to the same:
The company is not subject to the provisions regarding the creation of capital reserves. Directors and shareholders can have any nationality their residence can be in any country.
-Offshore-Banks Belize and Cayman Islands
Offshore Bank Cayman Islands
In particular, the Cayman Island is an interesting location for the
formation of a bank with an A license. The stock capital is approx.
CI$400,000. The bank acts as a Universal Bank with its own IBAN,
SWIFT Code etc. and may offer all bank services. First a stock
corporation is formed on the Cayman Islands as a company of the bank.
This stock corporation then applies for a bank license from the
government agency. A qualified business operation is required on the
Cayman Islands, a fully furnished office with at least one employee. An
office building with "Teller Windows" can be opened. It is true that the
bank cannot act as a bank in Germany in terms of a German bank (compare
German Banking Act [KWG]), however such bank is very attractive for
international transactions with natural persons or legal entities from
other countries. Clients, that form this type of bank, usually have
clients/investors from Middle America, Russia etc. With regard to the
management of the bank one person is required, with a recognized banking
education and experience in the banking field. A Nominee solution is not
possible. The general manager of the bank must be a resident of the
Cayman Islands. Such that either the client or a representative moves
his/her primary residence to the Cayman Islands or hires a General
Manager who resides in the Cayman Islands. The licensing process takes
approx. 3 months. The fees are based on the services and are at least
120,000.00 Euro plus state fees. We can create an Internet presence with
online banking software for the bank. The banking software costs between
14,000.00 and 65,000.00 Euro, depending on functionality. We will
provide a corresponding provider. Office space can be selected in
advance; we will provide you with a Cayman Islands real estate agent.
Our German attorney can accompany you to the Cayman Islands in exchange
for commensurate fees.
Offshore Bank Formation Belize
We can realize bank formation (A-License) in Belize by means of our
cooperation law firm in Belize. Information can be requested from the
competent government agencies / central bank:
BELIZE
Central Bank of Belize
http://www.centralbank.org.bz/
Attorney General Ministry
http://www.belizelaw.org/
In this case a stock corporation with a place of business in Belize is
formed as the company of the bank. The formation fees are based on the
services, they amount to approx. 70,000.00 Euro plus government fees.
Upon request we can provide full services in collaboration with the
cooperation law firm located in the country in which the company is
registered:
-Bank license application, submission of all applications to the
competent authorities, direct communication with the competent
government agencies
-Homepage of the Bank
-Online Banking Software
-Pre-selection of suitable offices space
-Visa application, residence permit