Registering an offshore company can either be a relatively easy process or one full of a lot of headaches and problems depending on who is providing you with advice. The term "offshore" scares a lot of people into thinking that there is something special about registering an offshore company. There really is no mystery to it, and it can be done by just about anyone with the time and the money to do it regardless of whether they visit the offshore country.



In some instances, you may not have a choice in the matter since some jurisdictions automatically appoint or assign a registration agent. His primary responsibility is the handling of all official communication between you and the registrar. And since you will most likely be dealing with a country that may or may not have a registrar that speaks English, having a translator is probably not such a bad idea.

Offshore company incorporation results in 4 to 7 documents of importance once completed. These documents vary depending on what type of company you registered and how the company is configured. These documents are;

Certificate of Incorporation, Limited Power of Attorney by Notary and Apostille (upon request), Memorandum and Articles of Association, Minutes of the first registration meeting (if there was one), Set of certified copies of all primary documents by Notary and Apostille, Share Certificates (should there be any) and Share stock transfer form / declaration (should there be any).

There are hundreds of websites and law firms on the internet that say they are offshore friendly. Remember, not all firms that can register your offshore company were created equal. In fact, only when dealing with a licensed law firm are you fully protected and your contact fully covered by attorney client privilege. If you work with a company that is not a law firm you run the risk that they have their communications seized in an investigation. Your name will end up on the authorities radar because you dealt with a non law firm and hence are not protected.

Once you have your offshore company registered the companies' official documents will require certification in the country where you plan to do business with your IBC. Many IBC's do not allow you to use them for business in the same country they were registered with the big exception being Panama. Usually a notary is enlisted for this service and in some cases an Apostille procedure is also involved. If no apostille is avaiable you will need to take the documents to an embassy or consulate in the target country.

What this 2nd Tier Certification amounts to is basically the same thing as a witness to a notary. The signature of the person conducting the initial local certification is confirmed by a 2nd level certification stamp. This stamp is referred to as Apostille and a designated government office, such as a Foreign Affairs office, is usually the issuing party. And just like with an automobile registration, this process is very similar in that it is renewable every year pursuant to the original date of registration in your documents.