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±¹Á¦¹ý·ü¿¬±¸¿ø International Legal Research Institute - Korea.
Tel. [+82] (0)10-5295-0621, (0)2-557-3476
Fax. (0)303-0080-7001
Website. www.ilri.co.kr
Email. info@ilri.co.kr



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Richette C. Percentie / Chancellors Chambers
Samana Hill No. 14 Village Road North. Nassau, The Bahamas



What is the minimum capital for incorporating a foreign company? and What documents are required?

Under Bahamian law, there are a number of options available to a foreign company wishing to incorporate a company.

The first option is to incorporate an International Business Company under the International Business Companies Act 2000 by two or more persons subscribing to a memorandum which satisfies the requirements of the Act. 
There is no minimum capital requirement; shares must be registered and may be issued in any currency.
IBC¡¯s are required to submit the identities, addresses and names of directors at the Registrar General¡¯s office.  The memorandum and articles must be registered with the Registrar of Companies who will issue a certificate of incorporation certifying that the company is incorporated.
An IBC is exempt from Bahamian Exchange Control, from stamp duty and from other taxes and estate duties for 20 years from the date of incorporation.

A second option is for a foreign company to operate a branch in the Bahamas with minimal formality and no registration requirements, however once the branch is recognised as an 'undertaking' under the Companies Act 1992, or as a 'trading' branch, it has to register with the Registrar-General. The following amount to having 'undertaking' status:
• the keeping of a place of business;
• the holding of a licence (or the requirement to hold one) for specified business;
• the holding of a licence (or the requirement to hold one) for selling securities; or
• having a local telephone listing.
Companies under the Companies Act 1992 have no minimum capital requirements, but the government fees required increase for larger levels of authorized capital.
Registration involves filing a notarised and legalised copy of the company's Memorandum and Articles of Association (or its Statutes) and details of the directors and officers. A Certificate of Registration is issued, and the company (the branch) then has the same position as a Bahamian incorporated company, ie it must maintain a local registered office, a local registered agent, etc.
Fees payable on registration are $50 plus stamp duty of $600, then $1,000 annual registration fee.
If the foreign company (branch) intends to trade within the Bahamas or to employ more than two Bahamians, it needs to apply to the Bahamas Investment Authority for clearance from the National Economic Council, and it needs to obtain the relevant business licence as does a Bahamian company.

A third option available to a foreign company is to incorporate a domestic company under the Companies Act 1992.  As is the case for a foreign company, there is no minimum capital requirement for a domestic company.



Visa information for L-1, L-2 (Long term business resident permit) and what documents are required?

There is no visa requirement for a business, however major investors and owners of residences valued in excess of $500,000 are given accelerated consideration for annual or permanent residences.
All international persons owning residences in The Bahamas are eligible to receive, upon application to the Director of Immigration, a "Home Owners Card." The card does not provide residency status for tax purposes; however, it facilitates entry into The Bahamas and entitles the owner, his/her spouse and minor children to enter and remain in The Bahamas for the duration of the validity of the card.



What is the processing time for the following:

• Certificate of Incorporation: The processing time for a Certificate of Incorporation averages 1-2 weeks.
• Business Registration: Under the Companies Act a company is registered and there is no need for a Business Registration, however the business will require a license to operate.  A Business License form must be completed and sent to the Registrar General along with the Companies Certificate of Incorporation and a $30 processing fee.
• Visa: There is no visa requirement for businesses.



Our retainer fee varies depending on the scope of the work contemplated, our normal procedure is to send an engagement letter to our clients and depending on the nature of the work the fee may be fixed or we may agree to bill at an hourly rate. 
Our fee will be based upon hourly rates for all attorneys, paralegals and law clerks involved in the transaction.  We will record time expended in increments of one-quarter of an hour and calculate our fees on that basis.  Our fee will depend upon and reflect such factors as:
(i) the time and effort required and spent;
(ii) the difficulty and importance of the matter;
(iii) whether special skill or service has been required and provided;
(iv) the customary charges of other attorneys of equal standing in like matters and circumstances;
(v) the amount involved or the value of the subject matter;
(vi) the result obtained;
(vii) scales advised by the Bar Association;
(viii) such special circumstances as loss of other employment uncertainly of reward, and urgency.

Standard hourly rates for the firm presently range from $150 to $400 for attorneys; $90 for paralegals; and $75 for law clerks.  These rates are subject to increase, normally once per year, without notice, unless otherwise requested by the client.
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