LIECHTENSTEIN

Geographical position. Liechtenstein is situated in the center of Europe between Austria and Switzerland.

The population is approximately 30,000 people. The area is 160 square km. The official language is German.

Political system - a constitutional monarchy. The legal system - The Civil Law.

The currency unit is Swiss Franc CHF (1.47 CHF/USD).

 

1

Advantages

A high international reputation of Liechtenstein.

The possibility to register a tax-free and holding company

Various forms of companies

The submission of details of beneficial owners of the company is not obligatory.

2

Disadvantages

The need to have accounting and submit the annual report with the auditors’ opinion.

A comparatively high cost of registering and administrating the Company

Only 1 double taxation avoidance treaty is available

3

Corporate Law

Companies Law of 1926, Civil Law

4

Restrictions in the registration of companies by Liechtenstein non-residents

Liechtenstein non-residents have no right to incorporate companies for conduction business in the territory of Liechtenstein. Therefore, this information refers to holding and “off-shore” companies conducting business in the territory of Liechtenstein.

5

The form of companies

  1. Aktiengesellschaft (corporation limited by shares) – a public corporation.
  2. Anstalt (establishment) – an enterprise.
  3. Stiftung (foundation) – a fund.

6

Aktiengesellschaft – a public corporation

Has a status of a corporate entity. The responsibility on the company’s liabilities is limited by its own assets.

7

Anstalt – an enterprise

A special form of a company under Liechtenstein private law, has the status of a corporate entity.

The responsibility on the company’s liabilities is limited by its own assets. There are no members or shareholders of the company, therefore there is no share capital. However, beneficiaries of the company are identified, i.e. persons benefitting from the enterprise. Instead of share capital the share capital exists. Tax benefits and the freedom to determine its organisational structure are the advantages of the company.

8

Stiftung - a foundation

This structure is a foundation established with the aim to implement the founder’s intentions and wishes. The foundation is segregated from the founder’s assets and has the status of a corporate entity. The foundation has no members or shareholders. After the incorporation, the founder does not acquire the member’s rights, but the law acknowledges beneficiaries as the recipients of benefits. The founder may be a beneficiary.

9

Permitted activities

Stiftung – is not a business enterprise and is used only to manage its own assets

Aktiengesellschaft, Anstalt – no special restrictions.

10

Prohibited activities

Banking, insurance and reinsurance.

11

The period of registration

1 to 2 days

12

The possibility to buy a shelf company

Yes

13

The name of the Company

Should not be identical or similar to any one registered.

Should include the full description of the company’s type.

The use of words denoting the national or international name of the company, especially the words “Liechtenstein”, “state”, “country”, is prohibited.

14

The Company’s share capital

The minimum subscribed share capital:

  1. Aktiengesellschaft – CHF 50,000, 100% should be paid in by the registration
  2. Anstalt, Stiftung – CHF 30,000, 100% to be paid in by registration

15

Shares

Aktiengeselschaft – registered and bearer shares with or without the face value

Anstalt, Stiftung – no shares

16

Shareholders, founders:

-- minimum number


-- nominee shareholders

-- citizenship

-- trust ownership of shares

 


Aktiengesellschaft – shareholders, minimum one
Anstalt, Stiftung – minimum one founder

possible


not determined

permitted

17

Taxation

General provisions:

Holding and off-shore companies are not subject to income tax, asset gains tax, property tax, etc. Only the following charges exist:

Stamp duty – 3% of the issued capital;

Annual fee – 0.1% of the capital, at least CHF 1,000;

Coupon tax – 4% of the dividends distributed and other implicit types of profit distribution, is paid only by Aktiengesellschaft.

18

Capital export taxes

A standard additional tax on export from Liechtenstein of:

dividends -- %; interest -- %, royalties -- %.

No tax convention is applied to holding and off-shore companies.

19

Possible re-domiciliation of the Company in any other jurisdiction

Yes

20

Whether the law provides non-disclosure of the information:

-- on the beneficial owner of the Company

 

 


Not required for official authorities, but the registered agent should have this information

21

Directors:

-- minimum number

 

-- a company as a director

-- ethnic origin and nationality

-- status

 

Aktiengesellschaft – at least 1
Anstalt – at least 1
Stiftung – determined by the charter

permitted

At least 1 director should be a resident or a citizen of Liechtenstein

All rights except those being within the exclusive competence of the shareholders (determined by the Articles of Association)

22

The existence in the territory of Liechtenstein of:

-- a registered office

-- a registered agent

-- a secretary

 

 

Obligatory

Obligatory


Not obligatory

21

Meetings of:

-- shareholders;


-- directors

 

Aktiengesellschaft, Anstalt – annual meetings of shareholders (founders) in Liechtenstein are obligatory

No requirement as to the place and frequency

23

The requirement of:

-- the accounting

-- preparing the annual report

-- submission of the auditors’ opinion

 

Yes

Yes


Aktiengesellschaft – obligatory
Anstalt, Stiftung – not obligatory if the company does not conduct any commercial activity. In this event only the annual report is submitted giving the information on the assets and liabilities of the company.
Asset administration and management of a holding are not commercial activities.

24

The information available upon request of any third parties

Names and addresses of directors, registered office, the date of registration, capital

25

Documents kept in the registered office

Not determined

26

Double taxation avoidance treaties

Austria

27

Currency control

None