31 March 2011

CISI Publications Mobile App

Members of the Chartered Institute for Securities & Investment (CISI) can now view and download directly to their smartphone:

  • Securities & Investment Review
  • Regulatory Update
  • Investment Management Review (only available to Fellows and full Members)

The App will store multiple copies of each publication and will automatically update when a new edition is released.

Reflective CPD hours are earned and automatically added to the CPD log as articles are read .

Available to CISI members as a web App for the iPhone or iPad running iOS 4.2 and above, and Android smartphones running Android OS 2.1 and above.

First Islamic Bank launched in Mauritius

The first Islamic Financial Institution licensed by the Bank of Mauritius, Century Banking Corporation (CBC), was officially launched yesterday, in Port Louis, by the Vice-Prime Minister, Minister of Finance and Economic Development, Mr Pravind Jugnauth.

Century Banking Corporation is a strategic partnership between Qatari investors through Domasol Limited and the British American Investment. It will focus on wholesale banking, treasury and wealth management and will bring about Islamic finance practices in Mauritius.

In his opening address at the launching ceremony, Mr Jugnauth, qualified the emergence of Islamic finance in the financial segment of Mauritius as a challenge for the country to step into the international markets and also as a means to promote Mauritius as the preferred hub for Islamic finance activities in the region. According to him, the Islamic finance arena, while still in an emerging phase, has considerable potential for growth.

The Vice-Prime Minister highlighted that the country already had many successful records of tapping into new fields and providing leadership in many sectors among which Islamic finance. He added that the Government, through the Bank of Mauritius, has already introduced some amendments to the existing legislative framework so as to promote Islamic finance in the country and that more amendments and new regulations will be introduced to make Islamic finance more conducive.

According to statistics, Islamic finance is growing by between 15% and 20% per annum and there are opportunities for any institution or country venturing into Islamic finance, which is one of the fastest growing industries globally.

30 March 2011

Assets of sovereign wealth funds up 11 per cent in 2010

• Assets under management of SWFs up 11% in 2010 to $4.2 trillion. Expected to reach $5.5 trillion by 2012.
• Around 3% of global SWFs' assets in countries currently affected by political instability.
• SWFs' investments total over $20bn in first six months of 2010, double the value invested in the same period in 2009.

Assets under management of sovereign wealth funds (SWFs) increased 11% in 2010 to a record $4.2 trillion according to TheCityUK report Sovereign Wealth Funds 2011. There was an additional $6.8 trillion held in other sovereign investment vehicles, such as pension reserve funds, development funds and state-owned corporations' funds and $7.7 trillion in other official foreign exchange reserves. TheCityUK estimates that SWFs' assets could reach $5.5 trillion by 2012 as the global economy recovers and inflows from trade surpluses and commodities' exports increase. The political instability in the Middle East and North Africa may have consequences on the direction of investments and rate of growth of some SWFs, although the $150bn managed by these countries only accounts for around 3% of global SWFs' assets.

SWFs have gradually regained their appetite for foreign investments following a retreat towards domestic markets in the early part of 2009. The $20bn invested in the first half of 2010 was double the value invested in the same period in 2009. Financial services were in receipt of one-third of SWF investments during this period, with SWFs continuing to make a larger number of small investments and diversifying their investments. The China Investment Corporation and Qatar Investment Agency were particularly active in the first half of 2010 with $7.3bn and $5.3bn invested respectively.

Assets of SWFs funded by commodities' exports, primarily oil and gas exports, totalled $2.7 trillion at the end of 2010. Non-commodity SWFs accounted for the remaining $1.5 trillion and are projected to increase more quickly. Non-commodity SWFs are typically funded by transfer of assets from official foreign exchange reserves, and in some cases from government budget surpluses and privatisation revenue. Asian countries account for the bulk of such funds.

Marko Maslakovic, Senior Manager, Economic Research at TheCityUK said: "The UK is a key centre for SWFs both as a clearing house for transactions and a location from where some funds are managed. A number of funds from Kuwait, Brunai, Singapore and United Arab Emirates have set up representative offices in London. The UK's open and competitive market for international investment puts London in pole position to capture a growing share of this market over the coming years."

Conyers receives top rankings from Chambers Global

Conyers Dill & Pearman has, once again, been ranked in the top league of global offshore law firms and received accolades across practice areas, with a number of lawyers singled out for top accolades.

According to Chambers, Conyers “maintains a leading reputation for its first-rate offshore expertise across various jurisdictions” and “has a broad global reach that covers several key offshore locations”. Chambers also recognizes Conyers “innovative, responsive and practical team and a large, full-service offering.”

Conyers’ Bermuda practice is lauded by Chambers as “a benchmark in the jurisdiction” with an “undisputed leading position in Bermuda” for corporate work and named “the most prominent dispute resolution firm in the jurisdiction”, where it has been “at the forefront of the market for many years”.

Chambers also ranks Conyers’ BVI practice highly, as a “respected choice for corporate, finance, funds and insurance work”. The Dispute Resolution practice is also singled out: “this commercial litigation powerhouse maintains a leading position thanks to its impressive work and excellent market reputation.”

Conyers’ “responsive and effective” Cayman practice continues to climb the rankings with “a substantial team that handles cross-border corporate, investment funds and private equity work”. In the investment funds practice, Chambers notes: “individuals within the team win high praise for their business judgment and responsiveness”. The “well established” dispute resolution practice is also acknowledged.

Conyers’ Mauritius, Dubai and International Private Client practices also received accolades from Chambers. In Dubai sources say “the team provides exceptional service” and is “proactive and very experienced.”

Chambers Global ranks the world’s best lawyers and law firms according to technical legal ability, professional conduct, client service, commercial awareness and astuteness, diligence and commitment to the profession.

29 March 2011

ECA's 2011 Economic Report on Africa underscores need for greater State role in development effort

Participants and stakeholders at the Fourth Joint Annual Meetings of African Ministers in charge of Finance, Economy, Planning and Economic Development burst into thunderous applause today in the main conference hall of Economic Commission for Africa (ECA) in Addis Ababa as Guinea’s Finance Minister Kerfalla Yansane and chair of the meetings formally launched the 2011 edition of the Economic Report on Africa (ERA2011).

Jointly written by experts of the African Union and the Economic Commission for Africa, the 130-page document is an authoritative appraisal of the economic performance of Africa for 2010 and projections for 2011, according to the Information and Communication Service of ECA.

The release of the report came as a high point in the business of the ministerial meetings whose final session is projected to go late into the night.

The Report bears some good tidings for Africa: the continent registered a growth rate of 4.7 percent in 2010 and it is projected to rise to five percent in 2011, according to the report.

Experts from the two institutions explain this positive posture on the rebound of export demand and commodity prices as well as on increased flows of foreign direct investment in extractive industries and aid.

This situation is also attributed to the return of tourism in many parts of the continent, increased activities in the service sector and good harvests in some regions of the continent.

The news is good, but not good enough for millions of people who are yet to feel the benefits of prosperity in their daily lives.

The report recognizes that this upturn is yet to translate into meaningful reduction in unemployment as “poverty rates and high unemployment and food prices have instigated political and social unrest in some African countries such as Tunisia and Algeria”.

Moreover, the continent is still far from attaining the Millennium Development Goals (MDGs), the report states.

There is a good analysis on the many long-standing and emerging development challenges that Africa faces, including trade performance and integration into the world economy, financing for development, climatic change and the need to deepen its engagement in the green economy.

The role of the State which is the theme of the ministerial meetings, occupies an important part of the report which comes up with the suggestion that the State should play a more visible role in economic management.

It observes that since independence, most African countries have failed to achieve any semblance of sustained economic growth and transformation, and suggests that “successful economic transformation in emerging economies in Asia and Latin America was achieved by deliberate State intervention, based on a disciplined planning process that included the formulation of relevant development policies, provision of the required investment and creation of appropriate institutions.”

The report explains why a greater role for the State needs not be construed to mean a rejection of the liberal market system, nor a call on the private sector to cease to be the engine of economic growth, that it has always been.

The report concludes with the suggestion that “a developmental State can be defined as one that has the capacity to deploy its authority, credibility and legitimacy in a binding manner to design and implement development policies and programmes for promoting long-term economic transformation and growth, as well as the expansion of human capabilities, equity and welfare.”

To this end, the Malawian example is regularly quoted as a success story in State role, because of the recent intervention by the government to drastically reduce the prices of fertilizers and to ensure the provision of good quality seed material. Result: the erstwhile hungry nation now feeds all its citizens and even sells a whopping surplus of some 400,000 tons of grain to the World Food Programme.

HMRC: Final warning to offshore tax dodgers

HM Revenue & Customs (HMRC) reminded tax evaders hiding money offshore that from 6 April 2011 they could face new penalties of up to 200 per cent.

Penalties for offshore non-compliance - for income tax and capital gains tax - will now be linked to the tax transparency of the country involved. There will be increased penalties in place for under-declared income and gains from territories which do not automatically share tax information with the UK.

David Gauke, Exchequer Secretary to the Treasury, said:

"Time is running out for anyone going offshore to evade tax. Get your tax affairs in order or face the risk of a penalty worth up to 200 percent of the tax evaded."

Dave Hartnett, Permanent Secretary for Tax at HMRC, said:

"We have made significant progress tackling international tax evasion and closing in on tax havens in recent years. This is the next step in increasing the deterrent against offshore non-compliance – and those who decide to take the risk will feel the full force of HMRC’s new penalties."

Subverting Safer Finance: How the UK holds back global financial regulation

This report argues that the UK is subverting progress towards a safer financial system, and has become a major barrier to international efforts for reform. Compared even to the US, a jurisdiction with a reputation for market friendly regulation, and other major international jurisdictions, the UK is found to be part of the problem in key areas of financial reform, and not leading the search for solutions.

In areas including potentially damaging commodity speculation, the Alternative Investment Market, naked short-selling and the operations of British tax havens, the UK is holding back urgently needed regulation. Subverting Safer Finance finds that:
  • London is a major centre for commodity trading, yet instead of demonstrating leadership, the UK is lagging ever further behind the US. And while the EU is trying to support global regulation by raising standards towards those of US legislation, the UK’s response is to block any attempt at reform.
  • A London exchange called the Alternative Investment Market (AIM), has pursued a strategy of winning new business by driving down standards of transparency, governance and investor protection.
  • The US banned naked short-selling (a form of trading that many argue increases market volatility and instability) in 2008. The European Parliament is seeking to impose an EU-wide ban on naked short-selling. But, the UK government is trying to derail this initiative.
  • While the UK claims it cannot influence tax havens, many of which territories are in fact UK Crown Dependencies or Overseas Territories, a past history of intervention suggests otherwise. An HM Treasury review confirms that the UK has reserve powers enshrined in the constitutions of the Overseas Territories to affect and block legislation. The UK also has the power to intervene to uphold ‘good governance’ in the Crown Dependencies. This means that in several cases the UK is actively choosing to not tackle tax havens.
In order for the UK to demonstrate that it wants a to deliver a safer financial system, we believe the minimum necessary actions include:
  • Bring standards up to US levels by introducing position limits on speculators in commodity markets and creating a UK equivalent of the US Commodities Futures Trading Commission.
  • Eliminate tax havens that are under UK control, and work with the US, the EU and other international authorities to co-ordinate regulation of global tax evasion and avoidance.
  • Ban naked short-selling to bring the UK into line with the US, Japan, Hong Kong, India and Australia.

GIIF: Brief on 2 recent technical committee meetings held at MOF

The purpose of the meetings of the Global Institutional Investors Forum (“GIIF”) with the Ministry of Finance (“MOF”) is to share information and to have a common understanding on how key issues regarding the Financial Services Sector would be dealt with.

  • OECD Peer Review

Following the recent peer review carried out by the OECD on Mauritius, it is noted that the only element which is not in place in the Phase 1 review is in respect of GBC2 to require to maintain accounting records and underlying documentations to the standard. Mr Mosafeer explained that the next review in July 2011 will be crucial and that Mauritius would need to look very closely at the recommendations made by OECD. It was agreed that the OECD sub-committee, which comprises of MRA, MOF, FSC, ROC and GIIF, will meet shortly to take note of the draft paper prepared by GIIF and brainstorm on the OECD Peer review.

  • Products and Markets Diversification

It was agreed that there are a number of financial products and markets that Mauritius could exploit. A consensus was reached to work on a strategy on products and markets diversification. The sub-committee on products and market diversification, which comprises of BOI, FSC, MOF, and GIIF, will be convened shortly to come up with a clear action plan. It was proposed to organize a public private sector brainstorming session on this matter. GIIF suggested that a matrix be developed to identify the hurdles and the solutions to unlocking them.

  • GBC2

GIIF informed MOF that a paper is being prepared to encompass the industry’s views on the matter of GBC2s. It was noted that MOF expects clear recommendations of the industry on the issue of accounting records of the GBC2s raised by the OECD peer review report.

  • DTA

It was also agreed that GIIF will be consulted whenever a treaty will be renegotiated in the future. The chairperson proposed that MOF, BOI and MRA work in concurrence with GIIF on a strategic paper on DTA to be submitted to the committee. As such, a sub-committee on DTA strategy has also been set up to work on a priority list of DTAs which Mauritius can negotiate.

  • Limited Partnership Bill and Foundation Law

GIIF has requested for a draft of these two bills on Limited Partnership and Foundation. Once these drafts are obtained, a sub-committee will be set up to review and give our comments to MOF.

  • Communication strategy

The importance of working on a communication strategy to tackle the recent misrepresentations made by the local and foreign press on the Mauritius financial services industry was highlighted.

  • DTC

On a separate note, we wish to inform you that GIIF has lodged formal representations to the Standing Committee on Finance (“SC”) of the Indian Parliament and awaits to depone before the SC.

28 March 2011

UK: The Penalties, Offshore Income etc. (Designation of Territories) Order 2011

This Order designates certain territories as category 1 territories or as category 3 territories for the purposes of Schedule 24 to the Finance Act 2007 (c. 11), as amended by Schedule 10 to the Finance Act 2010 (c. 13).

Schedule 10 to the Finance Act 2010 amends the level of penalties that may be charged in cases of non-compliance with UK income tax and capital gains tax obligations with respect to offshore income, gains and assets.

New paragraphs 4 and 4A of Schedule 24, inserted by paragraph 2 of Schedule 10, provide that every inaccuracy falls into one of three categories. The changes made by paragraphs 3 and 4 of Schedule 10 mean that existing penalty levels will apply to category 1 inaccuracies (which includes all domestic inaccuracies and inaccuracies relating to taxes other than income tax and capital gains tax). However, inaccuracies in category 2 and 3 are increased by factors of 1.5 and 2 respectively.

The categories of inaccuracies are defined by reference to whether the territory, to which the inaccuracy in connection with offshore income, gains or assets relates, is a category 1 territory, a category 2 territory or a category 3 territory. Every territory in the world, other than the UK, falls into one of these categories. Paragraph 21A of Schedule 24 to the Finance Act 2007 (inserted by paragraph 5 of Schedule 10 to the Finance Act 2010) provides for this classification of territories. Territories falling into category 1 and 3 are listed in this Order and any territory, other than the UK, not listed in category 1 or category 3 falls by default into category 2.

Paragraph 21A of Schedule 24 also has effect for the purposes of Schedule 41 to the Finance Act 2008 (c. 9) (penalties for failure to notify chargeability) and Schedule 55 to the Finance Act 2009 (c. 10) (the late filing of returns) (see paragraph 6A(7) of Schedule 41 to the Finance Act 2008 and paragraph 6A(7) of Schedule 55 to the Finance Act 2009, inserted by paragraphs 8 and 12, respectively, of Schedule 10 to the Finance Act 2010).

A full Impact Assessment has not been produced for this instrument as a negligible impact on the private and voluntary sectors is foreseen.

26 March 2011

Mauritius: The Asset Recovery Bill

The Asset Recovery Bill prescribes procedures to enable the State to recover assets, which are proceeds or instrumentalities of crime or terrorist property, where a person has been convicted of an offence, or where there has been no prosecution but it can be proved that the property represents proceeds or instrumentalities of unlawful activity or terrorist property. The Bill would apply not only to drug offences but also to offences committed in a foreign state, which, if committed in Mauritius, would constitute an offence punishable by a maximum term of imprisonment of not less than 12 months. The Bill also makes provision for the establishment of an Enforcement Authority who will be the Director of Public Prosecutions.

Offshore Pilot Quarterly (March 2011, Volume 14 Number 1)

Tigers, Turtles and Idiots

“It was usually on about the fourth day that I put in that note of spontaneity for which I am known”. So wrote the late economist John Kenneth Galbraith whom I also quoted in the last issue of this newsletter on the subject of modesty which, despite this latest revelation, he was not known for. He worked hard at his prose and would often write a passage at least five times, which puts me in good company except that I have neither Mr. Galbraith’s intellect nor skill. But surely, for the conscientious, effort is at the root of every endeavour, including good writing – unless you are one of those few people blessed with a natural talent; and whilst I recognise the march of progress which, through ballpoint pens and electronic wizardry, has consigned the fountain pen practically to the museum, I question whether the same degree of effort is exercised by many of those who are producing commentary today. Computers have enabled their users to play the role of journalist to an international audience when often their main skill is in their fingers and although I confess to being jealous of those whose keyboard dexterity rivals a concert pianist, do they make good music? The same goes for sound bites and mountains of data, both seeming to be more readily received (and, dangerously, accepted) today.

A number of economists are concerned that the abundance of statistical analysis produced as a result of the Great Recession has created a forest of figures from which it can be difficult to separate the wood from the trees. Yale University professor and economist, Robert Shiller, argues that the fundamentals of finance are being side-stepped and replaced by science which pays little heed to the conventional approach. My own profession is suffering a similar fate where the foundations of equity, upon which the English trust was constructed, have suffered several cracks due to a shift from the fundamentals, in the name of innovation, which practitioners such as myself have to grapple with. The trust law of India enacted in 1882 has hardly been changed, maintaining its Victorian persona, and still today is a valuable reference in some areas of trust law as my associate, Paolo Panico, points out in his authoritative tome International Trust Laws. Similarly, the Turks and Caicos Islands trust law, for which I am responsible, was built upon a simple, straightforward framework. In this case, surely, what’s good for the tiger is good for the turtle so whenever I draft either a trust deed or a foundation’s charter and regulations, simplicity is the goal.

Those economists who believe in the purely scientific approach to finance are at home with such phrases as “equity risk premium” and “efficient-market hypothesis” whereas professor Shiller described this data-driven approach as leading to academic departments at universities “creating idiot savants” who derive a sense of authority from work drowned in data. He argues that it would have been far better to have studied readings of history, institutions and laws. In other words, as he put it, “We should have talked to grandpa”. Regular readers already know which side of the argument I support.

John Galbraith, who gave us the phrase “conventional wisdom”, was also sceptical about economic theory that posited an idealised world of perfect competition and yet was blind to what drove man; he regarded this as tantamount to a “wilful denial of the presence of power and political interests”.

The right choice is to analyse, listen and read, but selectively, because as Mark Twain reminds us, “The man who does not read good books has no advantage over the man who can’t read them”. The dilemma which investors face has been described as a choice between evidence-based decision-making and decision-based evidence-making. In other words, either foresight is used to decide or facts are manipulated to support the decision already made (perhaps encouraged by one or more kings of the keyboard). The crunch, of course, is if you get it wrong. At school I remember being taught about Lord Nelson at the Battle of Copenhagen; when he was told that his commander had sent a signal to retreat, Nelson raised a telescope to his blind eye, saying, “I really do not see the signal”. A few hours passed and the Danish fleet had been defeated. Clearly, the admiral had made his decision to fight and then shaped the evidence to fit.

Last month in my Latin Letter I wrote about, inter alia, the uncertainties surrounding our lives and which cannot be, by definition, planned for. It was the Roman poet and satirist, Juvenal, who wrote of “A rare bird on earth and very like a black swan” and whether he drew inspiration from that, Nassim Taleb, professor of risk engineering at New York University, created the now famous phrase “black swans” to address the unexpected. In centuries past, and right up to the present (amongst a group of people of a certain age), the Latin term, Deo Volente (God willing), has been employed as an acknowledgment to mankind’s fraility. Miguel de Cervantes used it in his dedication of Part II of Don Quixote to the Conde de Lemos, as did an ill, bed-ridden, George Orwell, when he expressed the hope in a letter that he would complete his magnum opus 1984. God was on his side.

But, as I also wrote, attempts can be made to oppose fortune, as suggested by Niccoló Machiavelli, the Italian author of The Prince, a dissertation on politics, which one critic has called the Bible of realpolitik, despite Thomas Macaulay, England’s famous 19th-century historian, describing the 15th-century Florentine thus: “We doubt whether any name in literary history be so generally odious as that of the man whose character and writings we now propose to consider”. But as is so often the case in life, reality and reputation do not always correspond, as a celebratory dinner at a leading London hotel proved to me when warm champagne and under-cooked salmon were served.

Grandpa, Soldiers and Cowboys

Regular readers know the one numeral which professor Shiller’s grandpa and I put faith in (see the June, 2010, issue of this newsletter) is 8, with its shape constantly reminding us of the cycles of change which are often in league with uncertainty. Fortunately, none of my clients in New Zealand lost their lives in last month’s earthquake which struck Christchurch, but homes were devastated and lives changed, as attested to by the sombre e-mails I received. Last week it was Japan’s turn, except that the scale of the disaster has reached biblical proportions.

Being aware of life’s cycles does not always help us to oppose fortune, but it is a constant companion when advising clients on the future succession of their estates; and although I would never give them personal investment advice, I often remind them of the perpetual flow of the figure 8 when long-term planning is involved.

Governments going broke, for example, is nothing new – except that today’s figures could make your eyes water. The debt owed by the world’s governments is thought to be standing at US$43 trillion (Japan and the US are painfully aware of this).

Latin American countries know all about the subject too (Argentina, for example, suffered in 1890, 1931, and 2001) and the conquerors of most of South America, the Spanish, notwithstanding the country’s present difficulties, have experienced cycles of catastrophe before, thanks to several debt defaults under Philip II in 1557, 1560, 1575 and 1596.

China, which is enjoying a particularly propitious period in its history, is also a fan of my favourite number (perhaps for a similar reason?) and Château Lafite Rothschild is ensuring that its bottles of 2008 vintage will feature the Chinese character for the numeral (a nod to the growing influence of China as a wine market). Do not, however, expect the Middle Kingdom mandarins to act rashly, no matter how may bottles they consume, for China too has had its “Spanish moments” – although I suspect the Chinese have learned more from them than we in the West have.

It is true to say that numbers in general can often have power over all of us (I need not explain 9/11, for instance). To my mind, however, they are at their most mischievous, when they are blended with theory, as opposed to facts, which the author of Irrational Exuberance, professor Shiller, also recognises. Back at the height of McCarthyism in the US, Senator Joseph McCarthy, using witch hunting tactics in his exposure of communists, captured the public imagination with a list that comprised (his assertion) the number of communists working in the State department: it became known as “the list of 205”. The figure, for an unexplained reason, was then reduced to 57. So, while the senator’s campaign was real, his figures were not; conversely the films “The Dirty Dozen” and “The Magnificent Seven” were works of fiction, but the numbers were right: there were indeed 12 soldiers and 7 cowboys.

Man’s Labour and Toil

As the dust settles from the impact of the previous decade’s most unexpected debt débâcle, a search is on in the US in particular to find the guilty, those identified as being responsible for the country’s economic woes (John Galbraith could have helped). The bankers, politicians, regulators and the rating agencies have all taken a bashing, but what about the academic economists who professor Shiller criticises?

John Maynard Keynes’ now famous and oft-repeated warning about animal spirits was sidelined in the years before the last crisis due to academic theories, emerging in the 1980s, which created computer models and supported the perception of efficient markets and the rationality of both investors and consumers. What followed were regulators who allowed banks to deal in Mickey Mouse mortgages; in one case, to borrow 50 times its capital. Bankers relied on outdated academic theories which, in turn, produced bad policies and mountains of bad debt. Great faith was placed in the “rational expectations hypothesis” and its methodology claimed to prove, with what seemed to be mathematical certainty, that solvent banks would never experience sudden liquidity crises; for banks to hold excess capital was inefficient. Remember, these masters of finance included Nobel laureates who estimated that distress of the kind caused by Lehman Brothers would not even occur once in a billion years. Was this a Nelsonian moment? If so, I suggest the admiral had more experience backing his decision ahead of shaping the evidence.

Virgil, ancient Rome’s greatest poet, observed that “to retrace one’s steps, that is the labour, that is the toil”. Human psychology will ensure, however, that whenever there is an imbalance between greed and fear, when over-confidence rears its ugly head, we will start to see, what for centuries we have seen, the recurrence of bubbles; they just seem to be getting more frequent and in the last couple of decades they have been appearing regularly. In 1980 gold produced a big one, with Mexican stocks suffering a similar fate in 1982 and once again in 1994. It was the turn of Japanese stocks to peak and plummet in 1990 followed by the stocks of the other Asian economies plunging in 1997 as an overture to the crash in Western stock markets. The turn of the century saw the infamous dotcom (which I have always described as dotcon) disaster. In this last decade bubbles have been on parade: house prices, mortgage-backed bonds, oil, industrial metals and Latin American, Chinese, Russian and Indian stocks. Currencies, too, (including Brazil’s real, Australia’s dollar and the pound sterling) have unsettled markets. One wonders what role financial innovation has played, so often driven by doctorate-driven dogma.

This blind faith in whatever the prevailing main economic theory is continues to place its followers, and by extension all of us, in peril. There is a wasteland strewn with bankrupt theories and ideas; George Orwell described the “major mental disease” which some intellectuals suffer from and criticised harshly those who “bow down before the conqueror of the moment, to accept the existing trend as irreversible”. This seemingly infinite supply of data, supporting theories and, indeed, affecting economies in general, is too much for one man to absorb. What this leads on to is decision-making based on imperfect information. I would recommend “Hard Facts, Dangerous Half-Truths and Total Nonsense”, written by Jeffrey Pfeffer and Robert I. Sutton (both Stanford University professors), who are strong proponents of, what they call, “evidence-based management”.

As a practitioner, rather than professor, of financial services, I have always run my firm along those lines, whilst at the same time maintaining cash reserves and being debt-free, both being buttresses against fortune (in this month’s Latin Letter, Devils and Princes, you will see why Niccoló Machiavelli would have approved). As Nassim Taleb has said, debt-laden companies are in trouble these days and he predicts that those who will survive will be the ones more black-swan resistant, especially those that are smaller, family-owned, unlisted on exchanges and free of debt.

In all our endeavours we need to step carefully. We may accept that the Chinese believe that a journey of a thousand miles begins with a single step but we in the West prefer to use the fastest mode of transport available. We should question our assumptions, such as the idea that American-style, free-market capitalism and democracy were, as Pankaj Mishra, the Indian author of literary and political essays puts it, “the terminus of history”. Not so; it is only an offshoot along the road which democracy has travelled for 2,519 years since the year 508, before the common era, when Cleisthenes established a democracy in Athens.

I think the Chinese (let’s not forget Latin America) are on the same road, but it will be a journey made on foot; it may be slow, but you see more along the way.

Offshore Pilot Quarterly has been published since 1997 by Trust Services, S. A. and is written by Derek Sambrook.

25 March 2011

Guernsey: Legis acquisition led by management team

The management team at Legis has successfully completed a buyout of the business.

The share capital of the funds, corporate services and trust business has been acquired by a newly-formed holding company, Legis Group Holdings Limited, with funding from HSBC and backed by a significant investment from Bailiwick Investments Limited.

Chief Executive Stuart Platt-Ransom said: “We have assembled an experienced and dynamic management team and, under their ownership, Legis is now positioned to become a best of breed independent.”

Legis has almost doubled its staff numbers over the last three years with some staff working for the company for up to ten and, in two cases, 20 years. More than 60 employees will continue to work for the company from its recently developed offices in New Street.

Mr Platt-Ransom said that Bailiwick Investments’ involvement represents a genuine long term investment to deliver capital appreciation and an income stream.

Peter Harwood and Rupert Evans, both former partners of Ozannes and former shareholders in the business, will continue to hold directorships. Advocate Harwood will be chairman.

John Henwood, a director of Bailiwick Investments Limited commented: “The board of the company is pleased to announce an investment in Legis Group after more than a year of negotiation. We look forward to working closely with the highly experienced new management team and to build on the Legis brand, market share and revenue.”

Bill Baker, senior corporate banking manager of HSBC Bank plc said: “We are delighted to have been able to assist the management team with the acquisition of the Legis Group and are looking forward to working with them in the future.”

24 March 2011

INSOL International British Virgin Islands One Day Seminar

INSOL International British Virgin Islands One Day Seminar:

19 May 2011

Venue: Treasure Isle Hotel, British Virgin Islands

To download the British Virgin Islands One Day Seminar registration brochure click here

To register online click here

Educational Programme Outline

Important judicial decisions in cross-border insolvency

The case law on cross-border insolvency has been expanding rapidly in the last twelve months with important new decisions being handed down in the UK, the US and various offshore jurisdictions. Keeping up to date with the developing jurisprudence and assessing its impact and implications are major challenges for all practitioners. This session will highlight the most important cases, discuss their significance and how they relate to one another. There will be presentations covering the important recent cases in the UK, the US and the offshore jurisdictions.

The changing landscape for the practice of international insolvency

The previous session looked backwards and reviewed the important case law of the last twelve months. This session looks forward and considers current trends and themes – in particular the way in which cross-border insolvency law, litigation and practice are likely to develop in the future. The session will provide an opportunity for senior members of the judiciary from the UK, the US and the BVI to offer a judicial perspective on developments in cross-border insolvency cases.

White elephants in the Caribbean – how to realise value from distressed property developments

Easy access to credit in recent years has led to a dramatic surge in property development throughout the Caribbean region and, in particular, projects with often ambitious hotel and residential components. This trend was exacerbated by a seemingly insatiable demand for second homes by wealthy purchasers in North America and Europe. The inevitable consequence of the economic crisis in the second half of 2008 was that many of these projects collapsed. After an overview of the state of the property market in the Caribbean region, this session will look at the issues facing secured lenders to such projects, the practical issues associated with enforcement from the perspective of an insolvency practitioner, the options available to mitigate probable losses and the opportunities available for purchasers of distressed assets and their appetite to transact.

UNCITRAL – friend or foe

This session will debate whether the UNCITRAL Model Law on cross-border insolvency works for the offshore world. Lawyers and insolvency practitioners will address whether the Model Law is necessary or beneficial; whether pre-existing rules providing for assistance to foreign insolvency officeholders were preferable; the impact and merits of the COMI test and what has been learned from recent experiences of using the Model Law in other UNCITRAL jurisdictions.

Asset tracing offshore – don’t stop now you have hit a Caribbean company

For financial institutions, practitioners and advisers, the ability to trace assets into and obtain information from offshore jurisdictions is often critical. This panel will discuss the options available for effective asset tracing and information gathering and why there is no need to give up once an asset recovery exercise leads to an offshore jurisdiction. The panel comprises experts with extensive practical experience of how to locate assets and track down information which are often thought to be inaccessible. Methods and processes by which effective results can be gained will be discussed and experiences shared.

IK Investment Partners acquires Offshore Incorporations group to create a global leader in trust and corporate services

IK Investment Partners (“IK”) today announced that it has acquired from the Carlyle Group the Offshore Incorporations group of companies, which is the Asian market leader in company formation and associated services. The intention is to create a world leading global trust and corporate services provider by merging the corporate service part of the Group, Acceptor and Credence Trust, with IK’s portfolio company Vistra Group (“Vistra”). Financials for the transaction were not disclosed.

Vistra is a leading provider of fund administration, trust and corporate services in Europe, with a strong financial track record.

The Offshore Incorporations group today comprises three specialist entities: Asia’s leading company formation specialist, OIL; one of the leading corporate services firms in Asia, Acceptor; and trust and fiduciary service firm Credence Trust. The intention is to integrate Acceptor and Credence Trust with Vistra under the Vistra brand. OIL will operate independently from Vistra.

The transaction will create a global leader with circa 500 employees. The combined company will benefit from favourable long term growth characteristics such as Asian GDP growth, foreign direct investment flows to and from Asia, acceleration of Asian HNWI growth, and an increase in M&A activity. The merger will also offer an opportunity to expand Vistra’s footprint in mainland China and that of OIL into new selected geographies such as the Americas, Indonesia and India. Importantly, the combined company will be able to leverage the strengths of their respective firms to enhance the product and services offering to its existing and future clients across its markets. Vistra’s strong knowledge of cross border structuring, wealth protection, fund administration and its European network will be made available to the Asian client base, while Vistra’s clients will be able to benefit from their new partners’ network in Asia and knowledge of Asian based solutions.

Martin Crawford, CEO of the Offshore Incorporations group of companies, and going forward also of Vistra, said: “The underlying commercial logic for the deal is to create a "best in class" service provider. OIL will remain focused on providing leading company formation services to its intermediary network throughout Asia, while the combination of Acceptor, Credence and Vistra will broaden the range and scope of services offered to our clients. The deal will accelerate the growth of the merged business. We are excited about the opportunity to further develop the market in which we operate with a more comprehensive service offering.”

Bart Deconinck, CEO of Vistra and future Executive Chairman of the Board of the combined group, commented: “This is a very exciting union of two successful companies which creates a truly global service provider with substantial scale. The combination allows us to bridge Europe and Asia for clients requiring such solutions. The new group will be ideally positioned to tap into the growing market of professional services generated by cross border structuring and international wealth planning. The career prospects for our employees are enhanced which will further augment our ability to attract and develop ambitious and talented people.”

Kristiaan Nieuwenburg, Partner at IK, commented: “This combination will create a unique player in the trust and fiduciary industry, with a truly balanced geographic spread. When we invested in Vistra we committed to develop an active merger and acquisition strategy of which this is a result. The deal illustrates IK’s ability and willingness to support its portfolio companies in making transformational transactions.”

The CEO of Vistra, Mr. Bart Deconinck, will become Executive Chairman of the Board and Mr. Martin Crawford will become CEO of the expanded Group. The management and employees of both Vistra and the Offshore Incorporations group have demonstrated their commitment to the business by becoming important shareholders in the combined group. IK will remain the largest shareholder.

IK was advised in this transaction by The Royal Bank of Scotland.

About Vistra Group

Vistra is a leading independent provider of trust, fiduciary, corporate and fund services delivering personal and tailored solutions to international corporations, institutional investors and high net worth individuals from around the world.
Our clients can benefit from a multi-jurisdictional and personal approach, delivered by a team of professionals with an in-depth understanding of the often complex needs of every client. Our services include company formation and management, fund formation and administration, trustee services, family office, marine and aviation and accounting services.Today Vistra employs around 250 employees in 19 offices covering 17 jurisdictions, with each of our offices providing the full range of trust, corporate and estate planning solutions. Recently Vistra opened additional offices in Singapore, New York, Frankfurt, and Dubai, and on November 1st 2010 we announced our first expansion into mainland China through the acquisition of a trust and corporate service business in Guangzhou.

About OIL

OIL is Asia’s leading company formation specialist. Since 1986, OIL has been committed to providing efficient company formation and associated post-incorporation services in leading jurisdictions to professional intermediaries throughout Asia. OIL has a dedicated, experienced and bilingual team of professionals with international qualifications in accountancy, company secretarial, law, sales & marketing. With over 200 employees at offices in Hong Kong, Singapore, Taiwan, Shanghai, Beijing and Shenzhen, as well as strong alliances with trusted professional partners, OIL is well positioned to deliver unrivalled support to our clients with worldwide incorporations.

About Acceptor

Acceptor is the premier corporate services provider with over 30 years of proven expertise in Asia. Acceptor offers a comprehensive range of professional services including establishment of corporate entities, company secretarial management, accounting and tax compliance, trade support and payroll administration. Acceptor has offices in Hong Kong, Singapore and Taiwan.

About Credence Trust

Credence Trust is an independent licensed trust company in Singapore. Credence Trust provides professional trust and fiduciary services for clients seeking wealth management solutions including trusts, foundations, limited partnerships and other wealth management structures in Singapore, Hong Kong, BVI, Cayman Islands and New Zealand.

About IK Investment Partners

IK Investment Partners (“IK”) is a European private equity firm, having raised a total of EUR 5.7 billion, including EUR 1.7 billion in the latest fund IK2007. Since 1989, IK has acquired 75 European companies. The current portfolio encompasses 22 companies with a total turnover close to EUR 7.5 billion. IK invests mainly in mid-sized companies with strong cash flow and profit improvement potential, operating in established industries with fundamental underlying growth.

UK: MPC in the dock

In a speech made at a conference today, Spencer Dale – member of the Monetary Policy Committee and Chief Economist – makes the case for the defence of the MPC on four counts: Why is inflation so high? Why has inflation been so much higher than we expected? Could inflation remain high? And how is the current stance of policy consistent with the inflation outlook? He also explains the reason for his vote at recent MPC meetings to raise Bank rate to 0.75%.

A series of large price level shocks – to oil and other commodity prices, to VAT, and to the sterling exchange rate - can account for a rise in the level of consumer prices since the beginning of 2007 of between 8-12%. As Spencer Dale points out, “This dwarfs the extent to which inflation has exceeded the 2% inflation target over the same period.” He goes on to point out that the remit of the MPC recognises that trying to keep inflation at target in the face of large shocks and disturbances ‘may cause undesirable volatility in output’ and that “The foremost task of monetary policy over the past few years has been to ensure that the financial crisis did not lead to a prolonged depression. To have offset these price level shocks would have meant presiding over an even deeper recession.”

On the second count, the source of the inflation surprise in 2009 was different from that in 2010. In February 2009, amidst the general view which had emerged amongst many academics and commentators that pass-through in many major economies had fallen close to zero, the MPC’s initial judgement was that around 40% or so of the increase in import prices resulting from sterling’s depreciation would be passed through into consumer prices. Spencer Dale admits, “However, that judgement now looks woefully optimistic compared to the degree of pass-through we think has occurred, which is closer to 100%.” The 2010 surprise stems from the sharp pickup in import price inflation seen more recently, driven by the surge in commodity and world trade prices.

Could inflation remain high? Although Spencer Dale’s broad view of the inflation outlook is similar to that described in the February Inflation Report, he says, “The simple answer to this question is – I’m afraid – yes” and he highlights two risks in particular. The first is that global price pressures might continue to add to domestic inflation through a number of channels. He makes the point that “...inflation is home made...raising Bank rate will not directly dampen global inflation. But it can ensure that it does not lead to high and persistent domestic inflation.”

The second risk is if the prolonged period of above target inflation erodes the public’s confidence that the MPC will keep inflation close to target. In this respect Spencer Dale is cautious about how much comfort can be drawn from measures of medium and long-term inflation expectations. He worries that a “...binary approach to monetary policy credibility – credible or not credible, anchored or de-anchored - misses the key risk to inflation expectations.” He thinks it is more likely that some people could wrongly infer that the Committee had become more tolerant of deviations of inflation from target and therefore expect inflation to return to target more gradually. Inflation expectations 2, 3 or 4 years ahead may increase but are almost impossible to measure. He adds, “The credibility gains associated with the move to inflation targeting and an independent policymaking committee in our country led to a reduction in the persistence of inflation...We need to guard the gains in credibility built up over the past 15 years or so.”

And finally, in reviewing whether the current monetary stance is consistent with the inflation outlook, Spencer Dale explains that “Policy needs to remain highly accommodative in order to support spending and income and so reduce the risk of inflation significantly undershooting the target in the medium term.” He explores some of the uncertainties around future inflation and says “The huge disruption in Japan and the uncertainty associated with events in Libya are likely to dampen global demand, at least in the short run. But the accompanying increases in energy prices are likely to add to domestic inflation.”

He goes on to explain his vote at the last MPC meeting to raise Bank Rate to 0.75% - that it was not driven by “nice” reasons but, “Rather, my vote to raise rates was driven by a concern that – despite a relatively weak outlook for growth – the risks to the inflation target in the medium-term were to the upside…Nasty reasons rather than nice ones.”

Spencer Dale concludes, “We can explain why inflation has been above target for much of the past few years. We think we understand – albeit with the benefit of hindsight – why we have been surprised by the strength of inflation. And we have learnt from those episodes. I can’t say that monetary policy will perfectly anticipate every twist and turn of the economy. We will continue to be surprised by events and need to adjust policy accordingly. But I can assure you that the MPC remains as committed and as focused as ever in our determination to hit the inflation target.”

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23 March 2011

Jersey: Registration and process fees for ILPs and SLPs

The Incorporated Limited Partnerships (Jersey) Law 201- (the “ILP Law”) and the Separate Limited Partnerships (Jersey) Law 201- (“the SLP Law”) were adopted by the States of Jersey (the “States”) on 25 May 2010. This consultation paper is being issued because the ILP Law and the SLP Law were sanctioned by the UK Privy Council on 16 March 2011 and are due to come into force at the end of April 2011.

Creating Awareness on Principles of Corporate Governance

A half-day workshop on corporate governance was held this morning at Link Hotel, Ebène. Around 100 Chairpersons, Chief Executive Officers, Secretaries and Board members of parastatal bodies participated in the workshop which was organised at the initiative of the Office of Public Sector Governance (OPS).

The main objective was to sensitise stakeholders on the principles of corporate governance. The workshop focused on the findings of a survey that was carried out in February 2011 on 17 parastatal bodies to assess whether they are complying with the Code of Good Governance. The study touched upon several topics such as the responsibilities of the Board; Board composition; role of Chairpersons, Directors, General Managers, Secretaries and stakeholders; disclosure and transparency and corporate social responsibility.

The findings revealed that the ratings were high as regards awareness of good corporate governance practices in the public sector and that the Board, the CEO and Directors tend to perform better when there is a mix of skills among Board Directors. According to the survey, most organisations do not have a Corporate Objective Statement as per the Code of Good Governance.

In his address at the opening ceremony, the Director of OPSG, Mr G. Gopee, recalled that it is government policy to promote good corporate governance practices within the public sector in line with international sound practices. He pointed out that the responsibility of the OPSG is to make of public sector institutions a model of good corporate governance.

The resource persons at the workshop were Ms Jane Valls, CEO of the Mauritius Institute of Directors and Mr Rohit Ramnawaz, Managing Director of African Links Ltd, who spoke respectively about the case of Good Governance and the role of management and the role of the Board and Directors.

The workshop forms part of a series of activities which the OPSG will be organising to generate national awareness on corporate governance. Future activities include a series of workshops to create awareness and build capacity on corporate governance and a strategy workshop with a view to providing greater comprehension to industry partners on the application of corporate governance throughout the public sector.

Good Governance stands at the core of perception of business probity and integrity, wealth creation and reputation enhancement. Principles of Good Governance are the fundamental foundations on which effective and successful organisations are built and managed. The pillars of good corporate governance are good Board practices, strong regime of transparency, protection of shareowner rights, fairness, responsibility, accountability and transparency. Compliance to the Code ensures increased value to the organisation, sustainability, better reputation, increased stakeholder confidence, better leadership and less risk of fraud and corruption.

22 March 2011

Jersey Finance Build Stronger Links with India

Jersey’s strengthened its ties with India with the official engagement of Jersey Finance’s representatives in Mumbai last week. A Jersey delegation consisting of States of Jersey Ministers, the Director-General of the Jersey Financial Services Commission and representatives of Jersey’s finance industry were present at the announcement of Jersey Finance’s representatives with Professor Roy Rohatgi, Founder – Director, Foundation of International Taxation who graced the occasion as Chief Guest.

Jersey, with its 50 year old finance industry, has consistently been recognised as a mature and well regulated jurisdiction by respected bodies including the IMF, OECD and the UK Government, and has proven on numerous occasions that it meets or exceeds all of the relevant international standards for financial stability and transparency expected from the world’s leading financial centres. In addition, Jersey is fully compliant with the 3rd EU Anti-Money Laundering Directive and committed to all guidelines aimed at countering the financing of terrorism.

The representatives will support the promotion of Jersey as an international finance centre in India and act as a hub for Jersey Finance to communicate the breadth and depth of its financial services. Both representatives will be overseen by Sean Costello, Head of Jersey Finance’s Business Development in the GCC and India.

Jersey will be signing the TIEA shortly with India, a move that will take the total number of similar agreements Jersey has signed to 21, with countries such as the USA, UK, France, Germany and China. During the visits, Jersey delegates also met with a range of government and regulatory officials and business leaders. Jersey delegates emphasized Jersey’s strength as a centre for corporate banking, funds and wealth management work, and explained the expertise Jersey has in corporate structuring, including the benefits of Jersey’s recently introduced Cross Border Mergers Law.

Geoff Cook, chief executive of Jersey Finance, commented:
“India is a key finance and business centre that we have been visiting for some years and we are delighted that we are now to have permanent representation in India. This is a natural extensions of Jersey’s growing links with these region, will complement our existing representative office in Hong Kong, and are a reflection of our commitment to growing our finance industry’s presence in international markets in the coming years.”

Sean Costello, Jersey Finance’s Head of Business Development for the GCC and India, added:
“We are now seeing growing interest from GCC nations and India in the wider capabilities of Jersey’s finance industry. In India, we are seeing persistent interest in Jersey’s funds expertise, that is now extending to corporate and listings work - there are currently, for instance, 86 Jersey companies listed on worldwide exchanges with a market capitalization of £16 billion. These are the kinds of messages we will be looking to communicate through our expanded global representative office network.”

Jersey remains the leading offshore centre in the latest GFCI

Jersey holds its position as the highest rated offshore international finance centre and is very close to achieving wider global awareness which would lead to ‘global specialist’ status, according to the latest Global Financial Centres Index (GFCI) released on Monday 21st March, 2011.

Overall Jersey is placed 23rd in the competitive rankings, ahead of Guernsey in 27th, the Isle of Man (35nd), Cayman Islands (38th) and Malta (59th).

Whilst the ratings of all offshore centres have declined in the latest rankings, Jersey has only fallen one place - in comparison to other offshore centres Jersey has fared well. This decline can largely be attributed to the increased scrutiny that offshore centres have experienced recently due to the financial crisis, which those onshore jurisdictions surrounding Jersey in the rankings, such as Taipei, Paris, Vancouver and Washington D.C., have not been subject to.

The report noted that both Channel Islands (Jersey and Guernsey) are the only offshore centres to achieve a rating over 600. They were also recognised as one of the top ten centres which are likely to become more significant alongside larger centres such as Hong Kong, Shanghai, Beijing and Singapore, and are most likely to open offices over the next few years.

In addition, the index indicates that Jersey, is ‘working to change perceptions’ and ‘rise above’ the status of offshore specialist centres’ by being seen as more diversified.

London is named as the number one centre in the rankings, marginally ahead of New York and Hong Kong.

Geoff Cook, chief executive of Jersey Finance Limited, commented:

“Jersey has performed well in holding its position as the top offshore centre, which it has now held for four consecutive Indexes. The report highlights how Jersey is regarded on the global stage as a market leading international finance centre and that it is recognised as one of the top ten centres to grow in significance over the next few years.

It is also important to note the continual improvement in performance of the Asian centres in the rankings, particularly Hong Kong and Shanghai which are in the top five. This evidence emphasizes the importance of these jurisdictions and how we need to maintain our marketing efforts overseas in order to drive Jersey’s future success.”

HEDGE:ahead, A guide to launching hedge funds in Asia

Welcome to HEDGE:ahead, J.P. Morgan’s expert guide to launching a hedge fund in Asia. We are proud to have partnered with premier industry knowledge leaders to provide a collection of in-depth articles advising hedge fund managers on the finer points of setting up shop in this demanding environment.

When launching a new hedge fund, a manager’s main concern is developing the right investment theme and the best trading strategies to execute it. However, non-core structural and practical aspects of the new venture are overlooked only at the risk of alienating potential investors and experiencing operational difficulties as the fund grows. A range of technology systems must be deployed. Accountants and law firms must be selected. The fund itself has to be legally established in an appropriate domicile. These decisions and many more form the essential infrastructure that will support the trading activity at the heart of the fund.

At J.P. Morgan, we have found that managers often request guidance from us regarding these non-core dimensions of running a fund. HEDGE:ahead is our latest measure to support the growth of the hedge fund industry in Asia. We hope you find the content valuable as you navigate the nuanced challenges of both the region and the launch process.

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21 March 2011

Mauritius: Tax Basics for Newly Incorporated Companies

Pay As You Earn (PAYE)

• A company should, within 14 days of becoming an employer, register with the Director-General.
• As an employer, it should:

- Withhold tax as required from emoluments and directors’ fees.
- Remit the amount withheld to the MRA by the due date.
- Give statement of Emoluments and tax deductions to employees on or before 15th February of every year.
- Submit to MRA an annual Return of Employees.

• Where the company pays directors’ fees, tax should be withheld from those fees irrespective of the amount being paid.
• Where the company has 50 or more employees, it should submit monthly electronic PAYE return and also remit the tax withheld electronically.
• The Guide on PAYE provides all the necessary information on the operation of the PAYE system.

Tax Deduction at Source (TDS)

Every payer of Interest, Royalty, Rent, Payments to contractors/ subcontractors, and payments to providers of specified services should deduct tax at source on the invoiced amount (pre-VAT), at the time the payment is made available to the payee.

Advanced payment System (APS)

A company is required to submit quarterly APS Statement and pay tax under the Advanced Payment System (APS)

Submission of Annual Return and Payment of Tax

• An annual return of income tax should be filed by every company whether or not it has a chargeable income.
• The annual return should be filed within 6 months after the end of the company’s accounting year.
• For the first year a company may prepare accounts for a period not exceeding 18 months.
• Where a corporation holding a Category 1 Global Business Licence prepares its financial statements in either US dollar, Euros or GB pound sterling, it should submit its APS Statement and annual return and pay the tax specified therein, in that currency.

Return of dividends

Every company which pays dividends in an accounting period should, within one month after the end of that accounting period, submit a return to MRA in respect of every person to whom dividends exceeding Rs. 50,000 were paid.

Electronic Filing

A company whose turnover exceeds Rs. 10 million or which submits electronic PAYE returns should also file the following returns/statements electronically.

• Corporate tax return
• VAT returns
• Annual return of employees
• Monthly TDS return
• APS statement
• Return of dividends paid

MRA recommends all other companies to file electronic returns and pay tax electronically.

Keeping of books and records

The company should keep, in English or French language, proper books, registers, accounts, records such as receipts, invoices or vouchers etc… for the purpose of enabling its gross income and allowable deductions to be readily ascertained.

Compulsory Registration for Value Added Tax (VAT)

The company should register for VAT purposes where:

• its annual turnover of taxable supplies exceeds or is likely to exceed 2 million rupees; or
• it is engaged in any business or profession specified in the Tenth Schedule of the VAT Act irrespective of its turnover or taxable supplies.

Environment Protection Fee (EPF)

Companies engaged in the undermentioned activities are liable to EPF and they should register with MRA for EPF purposes within 14 days of the start of their activities.

• Hotel, Guest house or tourist residence of more than 4 bedrooms.
• Stone crushing, manufacture or processing of aggregates, concrete blocks, pre-cast units, coral sand, rock sand and basalt sand.
• Manufacture, assembly or importation of mobile phones, pneumatic tyres and batteries for vehicles.

Customs clearance for goods imported/ exported

• The company should be registered at Customs before any goods are cleared. The registration may be done through an approved broker.
• The Tax Account Number (TAN) of the company is required for registration.
• A customs declaration (bill of entry) in respect of every import/export has to be lodged electronically by an approved broker.

Business Registration Number (BRN)

Every company is allocated a BRN by the Registrar of Companies. The BRN should be indicated on all invoices issued by the company.