TERMS & CONDITIONS
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ASHFORD CLARKE & ASSOCIATES LTD hereinafter referred to as "the Company" and the client hereinafter referred as the beneficial owner/client.
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These terms and conditions are an integral part of any agreement between the Company and the client and between the Company and any third party or parties entered into the agreement. By presentation of these terms and conditions by the Company, the client certifies that he/they we accept and understand all provisions of any business conducted by/with the client and that these terms and conditions shall be in force during or after any business conducted by the Company and the client, be those private or commercial.
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Anti Money Laundering. The Company is licensed in the United Kingdom by the UK Tax Authority HMRC and fully comply with all UK and International Money Laundering laws. The use of any Company structure or Trust supplied by the Company that is used for any purpose of tax avoidance or Money Laundering, Terrorist funding or criminal activity will be instantly reported to their resident tax authority as 'suspicious activities;.
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The Company, its management accepts no liability in the event that any client uses any Bank account, Company or structure sold by the Company for the purposes of Tax Avoidance, Money Laundering, Terrorism Funds, or Criminal Activity.
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The Company does not sell or market any Company, Offshore Company, Trust or Bank account for any other purpose than the legal use of such structures as required by any national or international, laws and regulations.
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Bank Account Pre-approval service: the ‘Companies’ bank accounts introduction service provides for the prior approval of banking facilities. In the event that a bank or financial institution accepts the pre-approval of a bank account or financial service and then subsequently upon receiving further adverse information, rejects the application. In this event the company will not refund any fees paid to the ‘Company’. The rejection of an account after initial pre-approval by any bank or financial institution being based on further information obtained by the bank or financial institution after initial pre-approval has been given. Failure by the client to disclose any such adverse information or change of circumstances of the applicant and or the applicant company will not be accepted by the ‘Company’ and therefore no refund of fees will be paid.
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Bank Account Pre-approval Service exceptions: The bank account pre-approval services is not available to clients who form Companies in the United Arab Emirates or clients who apply for Banking Platform accounts using any other IBC jurisdiction
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The Company will not under any circumstances refund fees on the basis of a cancellation of any transaction that the client chooses at his/her discretion. Furthermore, no refund will be given in the event that the client fails to disclose facts about their financial or legal status including any past or pending convictions of a criminal nature. The Company takes this matter very seriously. Clients are advised that it is an offence to obtain goods and services by deception. Failure to disclose is an offence if such information is withheld whilst applying for Bank facilities.
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No refunds are given when a client does not, or is unable to provide, correct and current dated identification that may be requested at any time, by any bank or financial institution at the time of opening a bank account, or requests by any bank or financial institution for the updating of client records.
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In the event that our Compliance onboarding investigations discover any adverse information regarding the former or current conduct of the applying client that require us to further investigate the history of the client, a charge of £125.00 per hour will be made and charged to the client.
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Taxation: Clients are reminded that although most IBC Companies are free of corporation tax, in some countries Corporation tax will be due. In majority of countries beneficial owners of IBC Companies will have a personal tax liability for any salary, profits, or dividends taken from the IBC their Company. This is the general rule in most countries. If in doubt, we recommend you speak to your qualified tax accountant.
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The Company provides its services on a 'best efforts' basis.
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The Company shall not be held responsible or liable for any charges that may arise from changes in Company legislation. The Company reserves the right withdraw products and services and cancel any licence agreements it hold in any Company jurisdiction with immediate effect.
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The Company reserves the right to cancel with immediate effect and without prior notice any Company or Trust structure and including any nominee director and shareholder agreements when the Company holds concerns about the legality and possible use of any and all Companies and or Trust structures supplied by the Company. This includes but is not exclusive to matters of possible taxation offences that may arise in any and all international jurisdictions.
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The Company reserves the right to cancel our management of any and all Company structures without prior notification, where clients make changes to any Company or Trust structure without a minimum of 28 days’ notice of any such changes. This includes but is not exclusive to the addition or removal of any and all Companies within a structure recommended and supplied by the Company.
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Any intention to make changes to the Directors or shareholder of any Company or Trust Company should be notified to the Company within 14 days prior to any such changes being made. Should such notification not be received by the Company, the Company reserves the right to give 21 days’ notice to the beneficial owners of any Company or Trust Company supplied by the ‘the Company’.
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Due to current US LEGISLATION, we are unable to supply any corporation or bank account facility to US clients.
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Offshore Trust: Clients engaging the Companies services to form an offshore trust are advised to take legal and accountancy advice. The Company or its officers are not qualified to offer professional advice. Asset Protection Trusts formed by the Company on behalf of clients are to only be used for the purpose of Asset Protection and not as part of any structure designed for tax mitigation or avoidance. In the event that this rule is ignored or misinterpreted, the Company reserves the right to inform the clients resident tax authority of the Trust is being used for any purpose other than asset protection.
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The Company will not be responsible or liable for any monies/funds/securities, purchases or advice or recommendation made directly or indirectly to any client by any officer of the Company, either singly or jointly to/on behalf of its clients. Furthermore, the Company will not accept responsibility loss or fraudulent activity of any financial instrument, cheque draft or debenture sent by the Company to any Banking institution on behalf of any client or Corporation.
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Any changes to International or local laws governing International Business Companies (IBC) or Offshore Trust will be complied with by both the "Company" and the client without delay. Any changes to such Companies and or Trust are not the responsibility of the "Company" and as such the Company accepts no responsibility for any additional information that regulatory authorities may require from time to time.
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The company accepts no responsibility for any alterations of rules and/or regulations against any IBC, Free Zone company or Trust imposed by any authority such as the OECD or other regulatory bodies, governments, banks or financial institutions. Furthermore, the Company accepts no liability and will offer no refund of fees paid to the company, before or after the ‘client’ has paid fees to the ‘Company’ or during the application process of setting up any Company, Trust or Bank account, due to rules or changes imposed by any Bank, Financial Institution or legally recognise Government which are outside of the Companies control.
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Due to important changes being imposed upon our clients by international banks, it is likely that changes to the structure of clients IBC Companies may need to be changed. This is mainly in the area of beneficial owners and directors. Any charges to accommodate any new rules and regulations required by your company jurisdiction and or bank, will be charged to the client. The ‘Company’ is not responsible for regulatory changes made outside of our control.
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The referral by the Company to any bank or financial institution of any kind does not carry any warrantee or guarantee of the financial stability of any bank or financial institution that the Company may introduce or recommend the client to, for the provision of banking/financial services. It is up to the client to do his/her due diligence on the bank or institution.
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The Company does not accept any liability in the event of any financial failing or fraudulent activity or any dishonesty in any way by any bank/financial institution that the Company introduces the client to.
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In the event of any bankruptcy or administration/receivership of any bank/financial institution that the Company have introduced the client to, that the client will deal directly with the banks receivers or administrators, and will in no way contact the Company regarding the recovery of any funds due in any way to the client by the bank. Failure by the client to adhere to this clause will make the client liable to legal action by the Company.
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In the event of any successful application by the Company on behalf of the client to any bank/financial institution, the clients agrees to operate the account his/herself and not under any circumstances request demand or order the Company to handle or operate the clients bank account(s) on behalf of the client.
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The Company is not liable for any mistakes, delay non-payment by any bank/third party.
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The Company reserves the right to terminate relations with the client if the Company receives any information forcing it to do so.
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The Company reserves the right to alter or change these terms and conditions at any time without prior warning to the client.
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The Company reserves the right to change or alter the pricing structure on any documentation or website without prior notice.
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The Company and client agree that any and all disputes, including those involving any third party, will be settled by negotiation. If both/either or all parties fail to reach an agreement, then the parties will appoint arbitrators in the country where the dispute originated. Such matters shall be final and exclusively settled by arbitration without recourse to law in any country or jurisdiction.
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Once the client has taken control of their IBC, the Company hold no further responsibility and offer no warranty regarding the continued association with any bank or financial institution to which the Company have provided introduction. Banks and financial institutions reserve the right to close any or all accounts and/ or facilities if they deem this necessary. In such situations it is not the responsibility the Company to intervene in any dispute between any bank or financial institution.
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The Company will not be responsible or liable for any investments, securities or purchases or advice made directly or indirectly to/on behalf of its clients, singly or jointly, severally or corporately. Under no circumstances will the Company be responsible for the performance, recommendation, dishonesty or lack of performance, by any third party or introduction made by the Company. The client accepts that the Company acts and gives advice only in good faith.
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The Company are not licensed deposit takers and do not or will not accept funds other than fees paid directly for the Company's services.
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The Company accepts no liability for the client's statutory responsibility for any UK or offshore company in any jurisdiction whatsoever.
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The Company and its officers are not qualified to give legal, financial or taxation advice, nor do they do so. Clients are recommended to obtain advice from a qualified professional before entering into the purchase of any offshore company, bank account or the creation of an offshore trust.
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Any advice or recommendation given by the Company is solely a reflection of the Company's understanding of the current position of its products in the market place. The Company does not guarantee or give any warranty for the performance or protection of any offshore trust or corporate structure of any kind.
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Once any bank account, onshore or offshore is opened on behalf of any client or corporate entity, the account must be run by the client or corporate entity. The Company can and will not assist in running any private or corporate bank account on behalf of its clients.
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While we endeavour to provide merchant card services with pre-approval, we cannot guarantee the performance of the merchant card provider after the point of sale. THEREFORE, it is essential that clients provide true and accurate information at the time of application. Clients will still have a legal responsibility for the payment of fees of IBCs and bank accounts regardless of the outcome of the merchant card facility arrangement.
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The Client understands that an annual renewal fee will be payable to keep their company/Trust in good legal standing and failure to renew will result in the company / Trust being suspended, resulting in a restoration fee being applied.
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FATCA Policy
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The Foreign Account Tax Compliance Act (“FATCA”) is U.S. legislation which was signed into U.S. Law on 18 March 2010, as part of the U.S. Hiring Incentives to Restore Employment (HIRE) Act. The fundamental objective of FATCA is to identify those U.S. persons who may be evading tax through the use of offshore investment vehicles and to ensure that the Internal Revenue Service (“IRS”) can identify and collect the appropriate amount of tax from all U.S. persons.
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Although the primary purpose is prevention and detection of tax evasion by a U.S. person, FATCA will have significant impact across financial markets and will affect non-U.S. companies and individuals. FATCA requires all foreign financial institutions (“FFIs”) to register with the IRS, perform due diligence to identify U.S. accounts and report client data to the IRS directly or to their local government through an Intergovernmental Agreement (“IGA”). FFIs that do not comply will suffer a 30% withholding tax on all U.S. sourced income or payments remitted to them by U.S. paying agents or other FFIs.
If you have any questions about the FATCA Policy, please contact us by email or regular mail at the following address: