I'm setting up a business and I want to do it right from a legal point of view. I live in a high tax country and at some point intend to become a citizen of the world. I have an idea for a legal structure and was wondering if anyone else was thinking the same thing. My objective is to have a truly international company. I will lay out the details now and go into specifics if anyone if interested:
MANAGEMENT STRUCTURE
Company incorporated, business registered in an offshore location.
- Offshore corporate trustee for the benefit of Unit/Discretionary Trust with beneficiaries in 3+ different countries .
- Management Decentralized and shared with Directors domiciled in 3+ different countries.
- Items to be posted out of China (for example)
The Experiment
What if we could create a new system of management and ownership? Where the role of the CEO was decentralized and instead was a democracy of the directors.
Each director was responsible for a specialist area (or areas):
- Marketing and content production
- Finance, Banking and Accounting
- Web development
- Service Outsourcing Management
- Product Sourcing and Supplier Management
- Product design
- Facilitator / Director intermediary
What if we could get experts in each field and make them in charge of their defined areas as directors. They would have clear objectives and targets given by the board. The board would have mechanisms to reward genius and punish mediocrity. Would the voting machine work if at all?
Would they perform better in such a competitive environment?
Could the Board put aside their conflicts of interests and work for the greater good, and ultimately be better off?
As these people would live and work from all over the globe, what would the company's legal and tax domicile be?
LEGAL QUESTIONS
Where does the sale take place in following circumstances:
Client stumbles across site using google for example
- Client directed by Australian targeted advertising.
- Social Media
- Client directed by friend.
- Client directed by person in Australia/US who receives a “Loyalty Bonus”.
- Transaction is facilitated by Resident who creates a recommendation. Client reviews order and provides payment details and tick ”˜I agree box' which has good wording.
Does the place of the transaction depend on:
- The Domicile of those who Effectively Control and Manage the business.
- Domicile of the Shareholder(S)
If there were many Directors/Shareholders what is the maximum percentage that could come from one country? Would it be 51%.
Where it was shipped from.
- Location of Server
- Bank Location
What is the treatment of Sales Tax? ANSWER: Where it is sent from (Goods) Where it is created (Services).
If there were salespeople and commissioned representatives (agents), Would the sale take place in their country of domicile? Does this open the door to the rest of the company?
Does it need a local option to: a) pay sales tax
b) operate at break even via pass through country (no tax on foreign income regime) .
Alternatively, would a discount, loyal points some other incentive scheme constitute agency
