Gibraltar

British overseas territory, located in the south of the Iberian Peninsula on the Strait of Gibraltar. Includes a Gibraltar rock and sandy isthmus that connects the rock with the Iberian peninsula. The naval base of NATO, EU member.

Capital

Gibraltar

Official language

English

Currency

Gibraltar Pound (GIP). British pound is freely convertible.

Government

Constitutional monarchy. Queen of Great Britain is the Head of State, represented by the Governor.

Economy

The economy of Gibraltar is focused on servicing the naval and air force bases of Britain, transit port and foreign tourists. There are small sewing factories, plants producing beer and mineral water. Agricultural production is not made.

Legal system

Based on English common law

Corporate law

  • Companies Ordinance Act
  • The Gibraltar Trustee Act
  • Income Tax Act, 2010
  • Trustee Investments Ordinance
  • Directive 78/660/EEC (The Fourth Directive) as amended
  • Directive 83/349/EEC (The Seventh Directive) as amended
  • Directive 83/350/EEC (sharing of confidential banking information)

Types of companies

  • Non-Resident Company
  • Private Company Limited by Shares
  • Public Company Limited by Shares 
  • Company Limited by Guarantee
  • Exempt Private Company
  • Branch Overseas Company
  • General Partnership 
  • Limited Partnership 
  • Sole Proprietorship 
  • Trusts 
  • Foundations

Non-Resident Company

  • The authorized capital of the company is declared, there is no requirement for mandatory payment and the minimum amount of capital.
  • Types of shares: ordinary, preferential shares, shares with or without voting rights.
  • Any activity not prohibited by law is permitted. There has to be a special license for conducting banking, insurance and reinsurance, trust services.
  • Data on the shareholders appear on public record, but you can remain anonymous by appointing nominee shareholders. The company must be a minimum of one shareholder.
  • Company name shall not not be identical or similar to existing ones.
  • The minimum number of directors is one. Corporate directors are allowed. Directors may be of any nationality. Information about directors is included in public records, nominee directors are allowed.
  • The company secretary must be resident in Gibraltar.
  • A meeting of directors shall be conducted in any country at least 1 time per year.
  • Companies are legally obliged to keep books and pass annual accounts audited. The annual report must contain detailed information about the directors and shareholders. For small businesses, instead of the audit it is sufficient to file a financial report.
  • Documents kept at the registered office are the register of shareholders and directors.
  • Company information available at request of third parties - the names and addresses of directors and shareholders, registered office, memorandum and articles of association.

Trust

  • Provisions of the Hague Convention, except for the provisions of inheritance and adoption of foreign judgments apply to Trust. The law provides for protection against creditors of the trust assets, provided that the founder is a natural person, and that he was not insolvent at the time of setting up a Trust.
  • Founder transfers ownership of real property or personal property to a trustee who manages trust in favor of one or more beneficiaries.
  • Form of creation of a trust is oral or written.
  • No fees or restrictions on the accumulation of funds.
  • Typically, trust is created for a period of 100 years.
  • Purpose Trusts are not provided, because legislation on such type of trusts have not yet been developed.

Taxation

No property tax, capital gains tax, gift tax or value added tax.

Agreements on avoidance of double taxation

No agreements. Gibraltar has signed an agreement on exchange of information with Malta, the Netherlands, the Faroe Islands, South Africa.