The Amendment to the Belize International Business Companies Act was enacted with immediate effect in July 2017. This amendment establishes the prohibition of issuing bearer shares.
Bearer shares were once a favorite tool of the offshore world. They offered complete anonymity and could be easily bought or sold… 100% anonymously.
Here are some offshore jurisdictions where bearer shares are still available today:
|Mobile Bearer Shares||Cayman Islands|
|Immobilized Bearer Shares||No|
What are Bearer Shares?
- The United Kingdom.
- The Republic of Marshall Islands (RMI)
Register LTD with bearer shares involves the incorporation of a private limited liability company (“LTD”) but instead of having ordinary shares presented by a share certificate, the bearer shares are represented by a share warrant which allows the bearer share holder to claim ownership and rights which attach to the …
Panama bearer shares can be given to anyone who will automatically become its new owner. Law 47 of 2013 goes into effect on August 6, 2015. … After the effective date, all Panama corporations issuing bearer shares must submit them to the authorized custodian within 20 days along with the sworn declaration.
The Companies (Amendment) Law, 2016 which came into force on 13th May 2016 has abolished the ability of Cayman Islands exempted companies to issue bearer shares and other forms of negotiable shares. all existing bearer shares must be converted into registered shares before July 13, 2016 or they will be void.
The Bahamas has already abolished bearer shares for International Business Companies (IBCs) by legislation enacted on 29th December 2000. All bearer shares previously issued have been recalled as of 30th June 2001. established in The Bahamas are required by law to be maintained by trustees.
In 2002, Delaware became the first state in the nation to ban by statute the sale of bearer shares, which are unregistered shares that only require the transfer of a physical document and therefore lack the regulatory oversight of common shares.
Bearer Shares in Luxembourg
Under the new regime established by the Law, these types of Luxembourg companies continue to be authorised to issue shares in bearer form; however, the ownership, transfer and exercise of the rights attached to such shares will be subject to new rules.
Bearer shares are not permitted under Australian law but bearer share warrants may still be issued (though it is understood that they are used infrequently).
Marshall Islands law still permits the issuance of bearer as well as registered shares in Marshall Islands corporations.
Section 66 of the Companies Act prohibits locally-incorporated companies from issuing bearer shares and share warrants. … Void the issuance and transfers of bearer shares and share warrants by foreign companies registered in Singapore. Such issuances and transfers will not be recognised legally.
The issuance of bearer shares is allowed in Germany and there are no comprehensive mechanisms to prevent their misuse. Germany has presented an amendment to the Stock Corporation Act which provides for the immobilization of bearer shares.
Today, most jurisdictions have outlawed bearer shares, but many OECD countries only did so recently. The U.K. and Switzerland banned them last year; Luxembourg and Ireland in 2014.
A bearer share is a type of share that doesn’t need to be registered under a specific person or business. The share will not be registered on any share registry and whoever holds the share certificate has full ownership of the share.