Licensing Criteria and Procedures for Applying for Bahamas Dealing in Securities License
General information
Company structure
- Minimum 1 director* (can be only natural persons, no nationality or residency restrictions)
- Minimum 1 shareholder(can be natural or legal persons, no nationality or residency restrictions)
Taxation
- No tax on income and dividends
- No capital gains and inheritance tax
- No exchange control restrictions
- No corporate tax
Accounting & Audit
- The Company will be required to file a copy of its audited financial statements with the Commission by not later than 120 days after the end of its financial year
- The Company will need an engagement letter with an approved auditor and the retainer
- Audit should be done from Bahamas
Local office - Required
Physical presence
- Required (at least 4 employees*: CEO, Compliance officer, Money Laundering Reporting Officer* and Trading Representative)
Company name
- Language: English
- Names having Assurance, Bank, Building Society, Chamber of Commerce, Chartered, Cooperative, Imperial, Insurance, Municipal, Royal, Trust or a word conveying a similar meaning is prohibited
- Identical or almost identical names are prohibited
- Following suffixes may be used to denote limited liability: "Limited", "Corporation", "Incorporated", "Societe Anonyme", "Societe Ananima", or its respective abbreviation "Ltd.", "Inc.", or "S.A."
* It is preferable to appoint 2 Directors
* Shall be approved by the Commission
* If qualified, the Compliance and MLR Officer could be the same person
In order to obtain a license, the following steps will be carried out:
- Application for reservation of company name
- Preparation and submission with the Commission for the application of a Dealing in Securities License
- Preparation and submission of the application and incorporation documents to the Registry
- Incorporation of the company
- Opening of the local bank account
- Obtaining the License
In order to obtain Bahamas Dealing in Securities License, please provide the following documents:
- Notarized passport copies of all directors and shareholders (2 sets)
- Notarized address proof of all directors and shareholders (2 sets). Can be utility bills or bank statements
- Bank reference letter
- Lawyer’s / auditor/ notary reference letter
- Bank balance confirmation for a shareholder - letter stating a minimum balance*
- CV for directors and shareholders
- Educational qualification certificate for directors and shareholders (highly desirable but not mandatory)
In the case if the shareholder is a company, needs to provide:
- Passport of an Authorized Person for the Corporate body (to be certified true copy by Commissioner of Oath, Notary Public or Embassy)
- Utility Bill as proof of residency of an Authorized Person for the Corporate body (to be certified true copy by Commissioner of Oath, Notary Public or Embassy)
- Latest CV detailing Educational background and Working Experiences of an Authorized Person for the Corporate body
- M&A to include the clause on the establishment of the Bahamas Company or allowing to do so
- 2 Referral letters for the Authorized Person that are to be issued by a Professional such as a Lawyer, Accountant, Company Secretary or Bank of an Authorized Person for the Corporate body
- Registries of Company listing down the name of Director, Shareholder, Auditor, Company Secretary (to be certified true copy by the Company Secretary)
- Certificate of Incorporation (to be certified true copy by the Company Secretary)
- Certificate of Registered Address of the Company (to be certified true copy by the Company Secretary)
- Resolution by the Company to appoint the Authorized Person to act on behalf of the Company (to be certified true copy by the Company Secretary)
- Resolution of the Company to invest in the Bahamas Company (to be certified true copy by the Company Secretary)
Additional Due diligence may be prescribed by the Commission*:
- Original documents that prove source of capital
- Business plan
- AML manual and policy
All documentation shall be provided in English*
* Additional documents may be requested by the Commission or local Bank at any point to certify specific information
* If documents are not in English, then they must be accompanied by a notarized translation