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PRIVATE COMPANIES
Isle of Man Private Limited Companies are incorporated under the Companies
Acts 1931 to 1993. A private company limited by shares is required to
have at least one member, who can be an individual or a company, and it
must be stated in the Memorandum of Association that the company is private.
Annual returns must be made to the Registrar, and details of
the shareholders are held on the public files; but nominee shareholders
can be used. A minimum of two directors are required, and they cannot
be companies.
An Isle of Man company can be incorporated within 7-14 working
days (depending on name approval) and ready made (shelf) companies are available for immediate use.
The Company Limited by Guarantee, and its sibling, the
Company Limited by Guarantee and having Shares, have existed since the
earliest days of Company Law over 135 years ago.
They are essentially mutual companies, and as such have historically been
used essentially for charitable and non-profit purposes. In the last thirty
years, they have been increasingly used for private family foundations
instead of discretionary trusts, since they are readily intelligible to
persons from a non-equitable legal background, and avoid most of the problems
associated with trusts.
In addition, they have been used for proprietary and members' clubs in
the international leisure and timeshare resort industry, where they meet
all the requirements of modern EU (and Spanish) law, as well as for other
social organisations. They have also been used for tax planning, making
use of the extraordinary flexibility in relation to ownership and capital
that such companies can provide. The Isle of Man is one of the leading
jurisdictions for this form of company, not because it is unique to the
Isle of Man, but because it was in the Isle of Man that all the development
work has been done in the last three decades.
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