CounselRep said:I've read reports elsewhere on the forum that it might be possible to open US business bank accounts using representatives (registering agents, lawyers etc) who are granted a Power of Attorney to do so on behalf of the LLC.
Are you aware if that is correct or not to help get around covid19 travel restrictions?
I haven't heard any reports about this changing unless you're a very attractive client but you can try it. If they say no or insist you come for a visit, at least you'll know. They're not going to blacklist you just for asking.
Using a fiduciary can help increase your chances.
CounselRep said:Is it correct that banks will require the professional directors to be authorities for the business bank account?
If so, does that give the directors exclusive control over the account and is that something you just have to trust them on, or is it possible to have something in place to remove them having access to the account in practice, giving you sole control over the account?
Usually, yes, the professional directors will insist on having sole control over the company and its bank account. This is necessary to ensure the company is tax resident in Cyprus.
However, I have seen several examples of where control is shared with the UBO. Discuss with the directors.
Only work with licensed and regulated professional directors. You can find a list here: Cyprus Securities and Exchange Commission | APPROVED ASP
CounselRep said:I've heard the EU AML Directives will require public access to all EU UBO registers eventually, probably through a centralised EU-wide register?
It's on a national level (for now) and each member can design their own UBO register within the parameters of the directive.
CounselRep said:I'm assuming here you'd have to find nominees willing to be listed as UBO instead of you?
Just to be clear, there is no such thing as a nominee UBO, at least not without breaking the law. You have to truly not be the UBO.
CounselRep said:In some cases it appears that CRS requires banks to record trust and foundation information like settlor, trustee, beneficiaries, for CRS reports to be sent.
So do you need to use nominees for those positions in the trust/foundation as well so it is them who show up in CRS reports for the trust's bank account (and on any UBO registers for the trust/foundation)?
Trusts are complicated but you usually have three or four roles: settlor (you, giving away your company), trustee (a fiduciary/lawyer), and beneficiary. There can also be a protector, which acts on the settlor's interest to steer the trustee.
You can get creative when it comes to beneficiary and protector to keep your name away from CRS reports.
In addition to trusts, you may also want to explore foundations, Anstalt, and Stiftung.
CounselRep said:Are there any countries you'd suggest (EU or non-EU) that are good for setting up trusts/foundations that will not make getting a business bank account a nightmare?
You're not going to be the one opening the bank accounts, since you're not a legal representative of the trust.
The most important aspect here is finding a good trustee company that has strong banking relationships. Discuss the ins and outs of your situation with them, and they will guide you to the right jurisdiction and banks. The choice will depend on your overall profile and expectations. Speak with multiple service providers to get different opinions and quotes. In the quote, make sure you get a full picture of not only setup but also ongoing maintenance costs.
CounselRep said:And are there any countries you'd recommend (EU or non-EU) from the perspective of "keeping safe" from UBO registers?
It's only a matter of time before UBO registers appear worldwide. Sure, you can go to the US now and when they implement their UBO register run to the next country, and so on. It's not a sustainable model if you don't want re-incorporation and re-opening bank accounts and so on to be a constant threat.