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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Guarantee and Hybrid Companies in the Isle of Man

ISBN13: 9780853088653
ISBN: 0853088659
Published: October 2003
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: Out of print

"Companies Limited by Guarantee" and "Companies Limited by Guarantee and Having Shares" have been around since the earliest British companies in the mid-nineteenth century.

Traditionally, such companies have dominated the "not for profit" sector. However, in the last thirty years, the astonishing flexibility and versatility of these companies have led to their increasing use internationally in place of trusts. As such, they compete strongly and effectively with the civil law foundation.

This book is an analysis of these forms of company in the Isle of Man, where much of the development work has been done. It explores the usage of such entities for a wide variety of purposes.

Other jurisdictions are also examined for comparative purposes, including Cayman Islands, Gibraltar, Bahamas, British Virgin Islands, Bermuda, Alderney, and Guernsey.

Company Law
1. Introduction:
2. Incorporation and Winding Up: Reporting and Documentation
3. Objects
4. Corporate Governance
5. Directors and Officers
6. Members
7. Location Residence and Domicile
8. Funding, Distributions, Accounting
9. Usage as a Charity, or Charitable Foundation
10. Usage for Social Clubs
11. Usage for Private Family Purposes.
12. The Company as a Trustee
13. US Tax Treatment
14. Isle of Man Tax Treatment
15. Asset Protection
16. International Tax Planning.
17. Guarantee Companies in Other Jurisdictions
18. Companies (Memorandum and Articles of Association) Regulations 1988
Appendix One: Tables A,B,C,D and E
Appendix Two: Specimen Memorandum and Articles of Association for a Company Limited by Guarantee and a Company Limited by Guarantee and having Shares