Online Incorporation MaxBlog

by Roger Munns

While Monaco is a well known European tax haven, Andorra has remained little known outside of the financial community - despite enjoying the same tax advantages and arguably more private banking than her better known rival.

In contrast to the similar financial benefits both Monaco and Andorra residents enjoy, the two small countries have quite different climates.

Monaco has good all year round weather and is located next to the French Riveria, while Andorra is in the Pyrenees and between early December and late April attracts nearly ten million tourists for ski holidays. Monaco has year round tourists, peaking twice a year in May for the Grand Prix, and September for the Yacht Show.

Neither Andorra or Monaco have their own airports ? Nice airport has a helicopter link, a ten minute ride direct to Monaco, Andorra is not so fortunate and the nearest airport is Barcelona, a three hour drive away from the principality.

Both countries have opted to stay out of the EU, preserving their ability to maintain a no income tax policy.

The biggest difference is the entry price for becoming a resident ? which entails buying or renting a house or apartment.

One bedroom apartments in Monaco start at 800,000 Euros, but in Andorra the same size apartment starts at less than a third of the price at 250,000 Euros. And while a house in Monaco is a rarity, there is a good choice of houses for sale in Andorra, with prices starting at under a million Euros.

Rising Prices

Given Andorra’s property price advantage for would-be residents choosing between Europe’s primary tax havens, it has come as a surprise to many that the closing costs for buying a property in Andorra has not only been less than half that of Monaco, but also less than buying a property in many other mainland European countries at around four and a half per cent.

But Andorra has just raised property closing costs by introducing a three and a half per cent sale of goods and services tax on property purchases from January 1, 2006 - bringing the tax haven more in line with neighboring France and Spain.

Demand for property in Andorra and Monaco is unlikely to be affected by the recent increases though, according to European tax haven specialists Tribune Properties.

‘Andorra and Monaco have historically seen an increase in property activity and residency applications when taxes are increasing elsewhere. The new German government has recently increased the top rate of income tax and the United Kingdom has seen an increase in the number of indirect taxes, making the zero per cent personal income tax both Andorra and Monaco offer an attractive preposition to high income earners.

Andorra’s property inflation has been over ten per cent annually for the last three years, and when the 2005 figures are released we would expect it to be four years in a row, with no sign of a leveling off of demand for the year ahead.

With Andorra and Monaco’s high speed cable and broadband internet access more and more company owners are moving their residence to low and no tax countries and running their companies from a distance geographically, while being able to share information with their head office in real time’.

As well as buying a property in Andorra or Monaco, both countries require residency applicants to establish a local bank account and deposit around 50,000 Euros (Andorra) or 100,000 Euros (Monaco), take out private health insurance, and to live there for six months of the year.

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For an on-line guide to Monaco and Monte Carlo including a map, the weather, flights and Nice Airport information visit http://www.yourmonaco.com

A small business resource that you’ll want to check out, www.Business.gov is the official link to the U.S. government. Linked right from the home page, you’ll see essential topics like this:

- Find Small Business Grants and Loans

- Comply with Employment and Labor Laws

- Start a Home-Based Business

- Get Info for Restaurants and Food Businesses

- Buy Government Surplus Property for Your Business

There’s also a handy “permit finder” that lets you seek out permit information for your state and type of business.

See what’s there for YOUR business: www.business.gov

MaxFilings has officially launched its Knowledge Center, an online incorporation resource that’s meant to help make sense of the many decisions that must be made when it comes time to incorporate a business.

If you’re a small business owner and you’re struggling with questions about incorporating or forming an LLC, this resource is for you. With nearly 70 articles and more added regularly, you can find out easily answers to questions like:

Should I incorporate my business?

Which is the best entity type for my businesss - LLC or corporation?

What’s the difference between a C corporation and an S corporation?

Where to form your corporation or LLC (home state or another state?)

Of course this incorporation resource is no substitute for your attorney and accountant, but it can certainly help you understand some of the basics quickly. As an added benefit any small business owner can appreciate, MaxFilings lets you start entering your business information as a convenient means to collect all the necessary information you’ll need to form your corporation or LLC. Then you can just submit for filing when ready!

It used to be that only the largest multi-nationals needed a Compliance Officer. Today most practices, regardless of size, would be wise to charge someone within their organization with the responsibility of keeping abreast and managing the compliance process.

Take as an example European employment law that has been introduced over the last few years that has changed the face of European businesses. Small businesses in particular are finding that a casual and informal approach to employment issues can now result in statutory fines that have no bearing on the financial health of the individual company and could, without as much as a by your leave, directly result in the demise of a company.

Small to medium businesses do not often have the luxury of employing a full time Compliance Officer and although larger organizations can afford a dedicated person they are finding that with compliance issues mushrooming the Compliance Officer now has a team, a department and if not already, how long before compliance becomes a division?

Regardless of size, the first step in compliance for any organization requires them to identify the areas of compliance that are applicable to them. Rules and regulations are being introduced monthly on a local, regional, national and international level, covering everything from data protection and freedom of information, anti-money laundering to environmental waste control, race relations to health and safety; with ignorance being no defense there is a requirement on the individual businesses to know their responsibilities, and fines for those that wait to be told.

Having identified the areas of compliance the company then needs to understand what they need to do to ensure they comply. It is becoming conceivable that with the shear volume of compliancy issues that companies who can show a good faith effort in complying will, even when they fall short, reduce the risks of fines.

Having identified and understood the compliance issues the Compliance Officer needs to define and implement policy and disseminate the information throughout the organization.

It is important for the Compliance Officer that they do not inadvertently become the company’s patsy. Senior managers are not averse to ignoring the internal memos they receive advising them of their responsibilities. Compliance Officers need to deliver their messages up and down the corporate food chain and record that their advice and directives have been received and more importantly understood.

The Compliance Officer has to avoid becoming the company scapegoat. This won’t happen by itself, a sales team that has a long history of success though a relaxed attitude to selling is not going to willingly adopt new, and what they will see as restrictive, practices without a fight. ‘I didn’t get the memo’, ‘I didn’t understand it’, ‘I thought it meant something else’, ‘I thought these were only guidelines’ are likely to be stock replies, along with the one or two old timers that didn’t think compliance issues applied to them. It used to be a safe bet to blame IT, blame Compliance is rapidly taking its place.

One valuable tool in the Compliance Officer’s tool box is the online survey and questionnaire.

The online survey can deliver a message internally to the individual; it can be informative like a memo and educational by referencing detailed policy. Importantly it can become a valuable self registering record that confirms that the information has been properly disseminated and understood.

A single survey question can achieve all these objectives at the same time.

Take an example:

Are you aware that section 45 of the Companies (Auditing and Accounting) Act 2003 imposes an obligation on directors of certain companies to prepare statements on their company’s compliance with its relevant obligations? (Click here for a summary of Company’s Policy on Compliance Reporting Obligations)

Yes
No

For those Directors that have not read the policy the survey will give an opportunity to view the company’s policy online (using an embedded live HTML link). Should Directors answer ‘No’ the Compliance Officer knows who to target.

The survey also records the manager’s response and shifts the responsibility away from the Compliance Officer to the individual manager where the responsibility needs rest for a company to meet its compliance obligations.

Using an online website such as http://www.surveygalaxy.com where multiple surveys can be managed, easily modified, updated and re-issued on a periodic basis across an organization online surveys can be the Compliance Officer’s killer application.

Through the regular use of online surveys the Compliance Officer will be in the driving seat, leading and not chasing compliance issues, not only circulating the information on a one to one basis but also monitoring and recording the level of awareness throughout the organization.

The Compliance Officer’s role is a difficult one, like a parent keeping a wayward child on the straight and narrow, most employers, let alone their employees, often do not fully understand the true consequence of their, often innocent, minor discretions. Assigning a Compliance Officer is a start but enabling them to fulfill their remit will be the difference between a company being fully compliant and one that risks suffering the consequences for having let compliance take a back seat.

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Martin Day is a Director of Survey Galaxy Ltd a web site that allows anyone to create, design and publish online surveys. Martin has provided survey consultancy for a number of Compliance Officers to help develop internal compliance awareness programmes. For more information please visit http://www.surveygalaxy.com