Offshore Service Provider Scams -
We are writing this to warn people about deceptive marketing and
advertising practices common in our industry. There are people who are
not attorneys taking advantage of those not familiar with the offshore
industry. We believe after reading this page you will be much more
educated about making an informed decision as to how to proceed with
your offshore asset protection structure.
Offshore Service Provider Deceptive Pricing - This is an old take off
on "hook them in with a low price". The auto dealers used to do this
many years ago. They would advertise a car that they ordered from the
factory without a radio, without air conditioning, without power
steering, without power windows and without an automatic transmission.
The factory would reduce the price of the car because all these options
were deleted from the base model car, in other words they deleted the
standard equipment to get the car at a reduced cost. Then the car
dealer would advertise this car in the newspaper at a low price and
when the people came in to see the car of course they would not buy it,
it was not really a complete car. Most of the people would not be able
to even turn the steering wheel without power steering. They would
sometimes leave the store angry and others would wind up buying a
"real" car at much higher prices which is what the dealer wanted.
This is exactly what is going on with many of the sellers of
corporations and foundations. The corporate agents advertise a price
and leave many of the required features out of the price structure for
the corporation or foundation. If you add in all the things you need to
make the asset protection structure anonymous and functional, the price
is no longer a discount at all. Would you want to trust someone with
your asset protection structure who does this to sell you something? I
wouldn't! Going to a non-lawyer corporate agent for your asset
protection structure to save a few dollars is penny wise and pound
foolish.
Panama Corporation Deceptive Pricing Scams - Before we begin you should
know that only a Panama Attorney can form a Corporation in Panama. This
means a non-attorney reseller is buying your asset protection structure
from an attorney who never meets with or communicates with his or her
actual clients. Does that make you feel warm and mushy inside when you
are thinking about your asset protection structure?
If you are forming a Panama corporation you want all the corporate
documents including a translation in English, a resolution from the
board of directors to open a bank account because without this no
Panama bank will open up a bank account for your corporation, a general
power of attorney, stock certificates, minutes and most importantly
three nominee directors. Without the three nominee directors the
corporation will not be anonymous and that sort of defeats the value of
the Panama Corporation. The Panama annual fee for the corporation is
currently $300 and is included in all of our fees start-up and ongoing
annual fees starting in year two. Some sellers love to leave this fee
out and treat it as an add-on when it is mandatory. Go to our prices
page to see a breakdown of what should be included in fees.
Offshore Corporation Deceptive Practices - Many offshore corporation
sellers offer bearer share corporations from different jurisdictions.
Panama bearer shares do not have to be kept anywhere in the world and
the share certificates themselves can be made out in blank. The person
owning the share certificates controls the corporation. In most of the
other bearer share issuing jurisdictions the bearer shares need to be
kept with the corporate agent in the country of formation and must have
the names of the owners on them. This sort of defeats the purpose of
bearer shares and of course ruins the anonymity. In Panama the owner of
the bearer share corporation never has their name appear anywhere, not
in any public registry, not in any database and the government of
Panama does not even know who the owners are of a bearer share
corporation or a foundation. There is no requirement to report the
transfer of the shares to any other entity in Panama. Panama still does
it the old way and has not sold out with tax treaties to keep their
tourism business going. Panama has precious little tourism and most of
what it has is from other Central and South American countries.
Panama Foundation Pricing Scams - Once again only a Panama attorney can
form a Panama Foundation so if you are dealing with a non-lawyer
corporate agent you are never meeting or communicating with the
attorney who did your foundation. This is not a good thing. The Panama
foundation to be anonymous needs to have three nominee council members
and these are often omitted. This is like leaving the power steering
off the car. Foundation council members like corporate directors do
appear in the public registry and you do not want friends, associates,
relatives etc. appearing in the public registry of your corporation or
foundation. The annual fee for the Panama foundation paid to the
government is $300. We include this fee in all of our prices start-up
and subsequent year annual fees starting in year two. We also include a
resolution signed by the nominee council members to open a Panama bank
account. You also have a chance to communicate by email, phone or in
person with one of our attorneys to create a letter of wishes. This is
a secret document that details how your foundation assets are to be
dealt with in the event you are incapacitated temporarily or
permanently, and what happens with your foundation assets in the event
of your death. Things like the simultaneous death of you and your next
heir will be covered which could occur with an airplane or auto crash.
We also create a Foundation Protector document if you wish to use a
protector which is popular. You have direct communication with an
attorney that is assigned to handle your asset protection structure
that you can call and ask "Your Asset Protection Attorney" questions.
We rest our case.
Panama Bank Account Scams - Many non-attorney corporate agents sell a
Panama corporation which they buy from a Panama lawyer and include a
bank account. They use terms like offshore bank account, private bank
account, secure bank account etc. They do not say Panama Bank Account
because they most likely can not get you a Panama Bank Account. They
prefer to send you to some other jurisdiction where anyone can get a
bank account.
What they are really doing is helping you fill out the bank forms and
send them in to some less than desirable jurisdiction. Usually the
jurisdiction will be in numerous tax treaties and other privacy
invading treaties. The banks will often have total assets of under
$25,000,000. Their bank secrecy laws will be weak at best. They are
using jurisdictions that used to be secure but have compromised their
corporate and bank privacy in recent years and as a result of that are
desperate for depositors and will deal with almost anyone including a
non-lawyer corporate agent.
Panama banks need to conduct due diligence on their clients which is
similar to the due diligence a lawyer is required to conduct. When we
as a licensed law firm introduce a client to a Panama bank the bank is
comfortable knowing that we already did our due diligence and are thus
vouching for the client in this way. The lawyer in our firm
representing you physically goes to the Panama bank with your file and
gets the account opening started. We do the follow up until your
account is open. As your law firm we can always intervene on your
behalf with the bank. A corporate agent and a law firm are far from the
same thing to a Panama bank.
Another issue is the Panama bank runs a credit check in Panama on the
nominee corporate directors or the nominee foundation council members.
Our nominees clear the credit checks just fine. Other entities may use
nominees that for various reasons will not clear the bank credit check.
We provide your corporation or foundation with a Panama bank account
that has online banking including the ability to send international
wire transfers and also has a secured Visa card or Visa debit card that
will work online, in person and in ATM machines around the world.
Panama Stock Broker Scams - When we open up a stock brokerage account
for a client it is with a Panama Stock Broker or a major European stock
broker done anonymously. Many of these corporate agents say they will
get you an offshore stock broker but do not say where. Be careful it
can be in some unreliable jurisdiction where the privacy has long since
been eroded by numerous tax treaties and other agreements with numerous
countries. Panama Stock Brokers like dealing with a Panama Attorney for
the same reasons as the banks.
Attorney Client Privilege - It is always best to have a licensed
attorney do your asset protection structure. This way all of your
communications are covered by attorney client privilege, which in
Panama is very strong. If you are dealing with a corporate agent who is
not an attorney there is no attorney client privilege even if the
corporate agent bought the corporation or foundation from an attorney.
The corporate reseller still knows who you are, has your identity
documents, references, knows where you are banking etc and he can be
subpoenaed to produce this information and he has no attorney client
privilege to protect you.
Licensed Corporate Agents who have some protections under law in some
countries (there are no such entities in Panama) are still a weak link
in your asset protection structure. If some one want to get into your
structure they can hire a local attorney to file a court case with some
trumped up frivolous reasons to get your records and the corporate
agent would have to spend thousands of dollars to go hire a lawyer to
fight back and keep your records private. The chances of him doing so
are slim and none. He might suggest you hire an attorney to fight back
and suggest an attorney and you can only guess as to whether or not the
bill will be through the roof because you are between a rock and a hard
place.
A real law firm will on the web site state that they are a law firm or
an attorney and have the name of at least one of the attorneys on the
web site. Do not be deceived by official looking websites offering
services from many different jurisdictions that are not attorneys.
Generally this type of person is a nobody just an internet marketing
company that buys the structures from the one selling them to him at
the cheapest price. Be careful who you trust your asset protection
structure to. Many people know how to make money but few know how to
keep their money safe.
http://www.panamalaw.org