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Major Legislative Changes to Financial Services Sector
  • Private Client & Offshore Services
  • Anguilla
  • April 12 2007

The new Anguilla Private Foundation Act aims to broaden the appeal of Anguilla for a whole new category of financial services clients. Among other things, the act will enable Anguilla to offer the civil law private foundation concept as an alternative to the existing common law trust, while providing a high level of protection in terms of anti-forced heirship rules and rules overriding foreign laws and judgments.

Overview (September 2006)
  • Private Client & Offshore Services
  • Anguilla
  • September 21 2006

Including: Legal System; Anguilla's Niche; Trust Creation and Administration; Anguilla Foundation Act; Rights of Creditors; Commonly Used Legal Entities; Mutual Funds; Taxation; Anti-money Laundering Rules.

Overview (August 2006)
  • Intellectual Property
  • Anguilla
  • August 07 2006

Including: Trademarks; Patents; Copyright; Registered Designs; Unregistered Designs; Geographical Indications; International Treaties.

Overview of IP Legislation
  • Private Client & Offshore Services
  • Anguilla
  • August 03 2006

The trademark and IP laws of Anguilla were revised in 2002 to comply with the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights. Among other things, trademarks are protected by original registration of the mark in Anguilla with the registrar of trademarks or by registration in Anguilla of a mark already registered in the United Kingdom.

Confidentiality of Information is Protected by Law
  • Private Client & Offshore Services
  • Anguilla
  • July 20 2006

Anguilla enjoys a well-earned reputation as a law-abiding and well-regulated jurisdiction, with a favourable business climate. Strict provisions have been enacted to guarantee the confidentiality of sensitive business records. The Confidential Relationships Act provides stringent penalties for improper release of confidential information, whether by private individuals or public officials.

Recent Legislative Developments
  • Private Client & Offshore Services
  • Anguilla
  • March 09 2006

An External Insurance Ordinance is currently being drafted and should soon be enacted. It is anticipated that it will make Anguilla attractive for captives and companies providing other offshore insurance products. Among other things, Anguilla has also enacted a Proceeds of Criminal Conduct Act.

Trusts Legislation
  • Private Client & Offshore Services
  • Anguilla
  • February 02 2006

The Trusts Act and the Fraudulent Dispositions Act are updated versions of legislation enacted in 1994. The Trusts Act preserves features of traditional English trust law, while increasing the flexibility of trusts. The Fraudulent Dispositions Act strengthens the ability of trustees to avoid creditors' claims by shifting the burden of proof of fraudulent transfers from the debtor to the creditor.

Company Types in Anguilla
  • Company & Commercial
  • Anguilla
  • December 05 2005

Anguillian legislation recognizes several types of companies: Anguilla business companies, international business companies, hybrid companies, non-profit associations, public companies, limited liability companies and partnerships. Anguilla business companies, for example, are free of tax and are entitled to do business both within and outside Anguilla.

Company Types in Anguilla
  • Private Client & Offshore Services
  • Anguilla
  • December 01 2005

Anguillian legislation recognizes several types of companies: Anguilla business companies, international business companies, hybrid companies, non-profit associations, public companies, limited liability companies and partnerships. Anguilla business companies, for example, are free of tax and are entitled to do business both within and outside Anguilla.

Incorporating a Company
  • Private Client & Offshore Services
  • Anguilla
  • November 10 2005

Over the past decade, Anguilla has established itself as a modern and well-regulated jurisdiction in the financial services sector. In 1994, it enacted a flexible financial services legislation, which was further amended in 2000. An authorized corporate adviser can form a company by electronically filing the articles of incorporation with the registrar of companies.

Public Utilities Act in an Era of Demonopolization
  • Private Client & Offshore Services
  • Anguilla
  • October 02 2003

The new Public Utilities Commission Act is another step in Anguilla's revamped telecommunications, electricity and water policy. The commission established by the act is empowered to implement transparency measures and approve sales of shares in public utilities. The act shows a strong consumer bias, mainly given the historical prevalence of monopolies in the telecommunications sector.

New Telecommunications Act Addresses Competition Issues
  • Private Client & Offshore Services
  • Anguilla
  • September 11 2003

A new Telecommunications Act is the latest piece of legislation addressing the de-monopolization of the telecommunications industry. The act provides for licensing in certain areas and specifically obliges licensees not to engage in anti-competitive practices. Further, interconnection agreements must be submitted to the Telecommunications Commission for final approval.

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