Investment
Services Provided by Offshore Centres
Foreword:
It is wise to inform the reader / client that the services provided
offshore will essentially be the same in nature as those provided from
onshore centres, the reader / client will therefore, tend to find the
following on offer:
Execution Only Services
Some clients do not require investment advice or management but only
want the facility to place trades, they therefore contact a broker, bank
or other such service provider and instruct them to place the trade
required on their behalf.
Advisory management Services
Some clients are happy for their investments to be managed by an agent
but they still want to retain control over decision-making processes,
such as what to sell or purchase and when those orders should be placed,
this is the essential feature of an advisory service as the client would
be consulted on all investment matters. This can create additional work
and administration time for the agent and often you will find that the
fees which are charged for the provisions of this type of service can be
high and are often negotiated at the commencement of the relationship.
Discretionary Management Services
This is the most commonly used investment service in offshore centres.
The service provider would be given complete control over the client's
portfolio and would have absolute discretion over buying and selling
decisions. The service provider would usually attend to all related
administration issues such as the collection of dividends, dealing with
corporate actions (such as rights issues) and arranging the safe custody
of the certificates.
Agents are generally more willing to provide this
type of investment service as they will be able to perform a full
management function with minimum interference.
THE ADVANTAGES of
OFFSHORE INVESTMENT SERVICES for CLIENTS
There are a number of reasons why a client might decide to have their
investments managed offshore but perhaps the following are the most
common.
Confidentiality
Offshore centres can generally provide a greater degree of
confidentiality than onshore centres. Indeed, as we have already seen
when looking at banking services, some centres have implemented
legislation designed to provide statutory protection of information.
Taxation
Depending upon a client's taxation position, it might be possible for
the income and capital gains generated from a portfolio which is
registered and managed offshore to be retained by the agent in the
offshore centre tax-free until such time as the income or capital is
remitted to the client.
This method of tax deferral is a widely used and
important tax planning device.
Regulation
The lack of regulation and reporting requirements relating to investment
business in many offshore centres provides appeal to some clients who
prefer their agents to proceed with their affairs with the minimum of
outside interference or restriction.
Professional Management
Most offshore centres can boast a number of sophisticated and
professional investment service providers who have experienced and
qualified staff with knowledge of a number of world markets.
Convenience
In view o the number and geographic spread of offshore centres, it is
possible that a client might be closer, in terms of distance, to an
offshore service provider that to an onshore service provider of equal
experience and competence.
POSSIBLE
DISADVANTAGES for CLEINTS
Despite the potential benefits there are also
possible downsides to locating investment services in an offshore centre
and these could include the following:
Lack of Regulation of Agents
Not all centres regulate or have a system to supervise the provision of
offshore investment services. By appointing a service provider in an
unregulated or unsupervised jurisdiction, there is a greater risk of
that agent acting outside the scope of their powers and obligations
under the terms of nay client agreement which may have been executed in
addition, there might not be any redress available to the client under
local law in the event of a default on the part of the agent.
Control
It can be very difficult for a client to monitor, or in some cases,
control the actions of his investment agent if hi is located in an
offshore centre.
Contact (by telephone, fax or meeting) may also e
another hurdle in view of the geographic distance which may exist
between the client and his offshore adviser.
Reputation
Very few offshore centres have their own stock market which means that
most trades for offshore-based portfolios have to be placed via an
onshore market, this can add to the expense.
Location of the Service / Client Information
Clients should also chick where the investment services are being
performed, this is important because some offshore investment management
services are in fact being performed in onshore centres (perhaps on
London or New York). This would not affect the quality or standard of
service but there could be a confidentiality issue as client information
would have to be held by the agent in the onshore centre which might
make that information subject to onshore disclosure on the powers of the
investment agent. |