Foreign citizens coming to Seychelles have various options, not only that of setting up an offshore company. They can also relocate here for employment purposes or they can buy real estate. For some of these actions, legal assistance could be required in order to get acquainted with the laws in Seychelles.
Our lawyers in Seychelles have been in the service of foreign clients for years now and can assist in various matters. We offer tailored legal services in Seychelles, so you don’t need to worry about anything else than buying your plane ticket and moving here. We can also help in various company registration matters in Seychelles. If you need these types of services in another offshore jurisdiction such as BVI, our partners are at you disposal – BVICompanyIncorporation.com.
|Legal services offered by our law firm in Seychelles
Our lawyers in Seychelles offer:
– company registration services,
– assistance on intellectual property matters,
– court representation,
– legal services tailored for immigration procedures, etc.
Types of clients our team can serve
– local citizens/residents,
– foreigners (individuals, companies, non-profit organizations, etc.)
Reasons to choose our team
– we offer a wide range of legal services,
– we have a professional team of lawyers,
– each lawyer has many years of experience in his/her respective legal field,
– competitive prices,
– English-speaking team
|Legal services for company formation in Seychelles
Our lawyers in Seychelles will:
– represent clients in front of the public institutions,
– assist in choosing a suitable legal entity,
– prepare the incorporation papers,
– obtain permits and licenses,
– assist in opening a bank account,
– provide consultancy services on taxation and accounting,
– provide legal representation in any other corporate matter through the power of attorney
|Legal services for setting up a representative office
– prepare the necessary documentation,
– assist in selecting a suitable office,
– register with the local institutions, etc.
|Accounting services (yes/no)
|Tax advice and assistance (yes/no)
|Tax registration services
– complete the formalities for registration with the Seychelles Revenue Commission,
– prepare the necessary documents based on the legal entity of the company,
– obtain a tax ID number,
– submit tax returns according to the law, etc.
|Common legal services for foreigners
– assist foreigners in applying for a Gainful Occupation Permit (work permit), student permits, dependant permit (issued for the family members of persons living here),
– assist with the formalities of becoming a permanent resident or becoming a citizen, etc.
|Assistance in setting up a bank account
Our lawyers in Seychelles can offer this service for both foreign individuals and companies.
Our team can advise on the documentation that must be submitted and represent clients in the bank formalities.
|Basic taxes for companies in Seychelles
– corporate tax at rates between 25% and 33%,
– income tax at rates between 15% – 33% for sole traders or partnerships,
– withholding tax charged at rates of 0%, 5%, 15%, 33% (certain condition apply),
– GST charged at rates of 7%, 10%, 15%, etc.
Entities operating as offshore companies in Seychelles benefit from numerous tax exemptions.
|Basic taxes for individuals in Seychelles
– income tax, charged at rates of 0%, 15%, 20% and 30%,
– social security contributions, charged at rates of 20% to the employer and 2.5% to the employee
|When can a foreigner apply for a residence permit?
When arriving here to study, to work in Seychelles or to reunite with family members.
It can also be issued for business purposes and other reasons regulated by the immigration law.
|Reasons to invest in Seychelles
– business opportunities in many economic sectors,
– close connection to Africa,
– institutional assistance for foreign investors through the Secyhelles Investment Board,
– skilled workforce,
– economic stability, etc.
|Debt collection services
|Professional services for out-of-court procedures as well as legal representation for cases that are brought in front of the local courts.
Services offered by our lawyers in Seychelles
No matter the reason you decide to move to Seychelles, our lawyers here can help with the following services:
- obtaining a residence permit – you can choose to relocate here through a simple residence permit or through residency by investment;
- buying real estate in Seychelles – we can help you purchase a residential or commercial building in Seychelles;
- opening a bank account, we offer tailored services to those interested in setting personal or corporate bank accounts;
- starting a business in Seychelles and all the legal services related to it, such as nominee services;
- applying for various licenses and permits for your company in Seychelles if you plan on opening an onshore business;
- assistance in debt collection and other litigation services, including court representation in Seychelles;
- assistance in various civil law matters, such as marriage registration, divorce and child custody.
If there is any service you could not find in our list, feel free to ask our Seychelles lawyers about it.
Legal services for starting a business in Seychelles
Most of the times, we are asked about the legal services we offer in connection with opening a company in Seychelles. We can help foreign investors incorporate onshore companies, special license companies and the famous Seychelles offshore companies which offer many benefits.
Here are our legal services connected to starting a company in Seychelles:
- choosing an appropriate business name;
- preparing the documents needed for company incorporation;
- complying with the legal requirements related to appointing directors and secretaries;
- registering for taxation and VAT purposes with the authorities here;
- obtaining the necessary licenses to start the operations;
- opening a corporate bank account and appointing signatories (where applicable).
All our legal services related to opening a company in Seychelles are tailored to your request. In case of offshore company formation in Seychelles, special requirements must be respected, and our advisors can guide foreign investors in order for them to fully enjoy their benefits.
The main provisions of the Seychelles Commercial Law
The first Commercial Code of Seychelles dates back in 1977 and ever since it has undergone various alterations with the purpose of providing for a modern approach to commercial undertakings. The last modification of the Seychelles Commercial Code took place in 2014.
The new Commercial Code provides for the following:
- merchants and their activities which are mainly related to trading activities in Seychelles;
- commercial books which must be kept by merchants (accounting documents which must reflect their activities);
- legal persons who, under the new law, are divided into companies, partnerships, commercial partnerships and associations;
- commerce by sea, maritime and shipping laws and jurisdictions and commercial jurisdictions;
- arbitration – the Commercial Code provides for several articles related to arbitration procedures;
- bankruptcy – the Code provides for bankruptcy and offences of Seychelles companies.
Our company formation specialists in Seychelles can offer more information on the content of the Commercial Code.
Types of companies covered by the Commercial Code in Seychelles
As mentioned above, the Seychelles Commercial Law covers several types of companies, however, it stipulates that some of them also fall under the provisions of the Civil Code, while others are governed by the Company Act.
In order to be deemed a commercial company, a business entity must be incorporated following the provisions of the Company Law in Seychelles. The only exception from this rule is the Seychelles offshore company which must be registered under the International Business Company Act of 2016.
According to the Commercial Code, associations must be registered in accordance with the Register of Association Law, while partnerships must be concluded in accordance with the Civil Code.
The Code also provides for foreign companies with activities in Seychelles and which are recognized as corporate entities in the insular state.
If you need legal services for setting up an offshore company in Seychelles, you can rely on our local specialists.
Commercial books in Seychelles
An extensive part of the Seychelles Commercial Code covers the financial documents which must be kept by a local business. According to the law, all merchants and companies in Seychelles are required to maintain appropriate books and accounts. These documents must contain every transaction registered by a business. The commercial books of a Seychelles company must contain:
The accounts of companies in Seychelles must contain an annual balance sheet with assets and liabilities and must comply with Generally Accepted Accounting Principles in Seychelles.
Traders who do not complete a commercial activity on a regular basis or from specific business premises are not required to keep commercial books. However, they must report with the tax authorities in Seychelles.
Our Seychelles company formation consultants can also help with accounting services, no matter if you own an onshore or offshore company here.
Arbitration according to the Seychelles Commercial Code
One of the main provisions of the Commercial Law of Seychelles provides for dispute resolution methods for commercial contracts. In order to ease the resolution of such disputes, the law provides for all contracts to contain arbitration clauses or for the parties to enter arbitration agreements.
If one of the parties does not want to settle a dispute through arbitration, the case can be judged by a Seychelles court.
Our legal services related to nominee agents in Seychelles
Since the offshore or IBC company is the most sought business form in Seychelles, we will explain here the nominee services you have access to in order to run your business from the distance and thus obtain all the advantages linked to being a foreign owner of an offshore company in this country.
Among the services we offer are the nominee shareholder, the nominee director and secretary, which are completed by account signatory service. All these legal services are based on a declaration of trust and service contract.
Other legal services available in Seychelles
Our legal services do not target businesspersons only, as foreign citizens can also work with us. We can assist you with obtaining a residence permit which will enable you to relocate and start a business or work in Seychelles.
We can also help you register a boat here and obtain the many benefits offered by flying the Seychelles flag. We can assist high net worth individuals create trusts in Seychelles and thus ensure an effective protection of their assets. At last, but not least, we offer legal assistance in debt recovery cases, as you can also find such situations in Seychelles.
Why choose us and our legal services?
Here are just a few of the reasons you should choose our legal services in Seychelles:
- we have an extensive knowledge in all local and international regulations when it comes to doing business in Seychelles;
- we have years of experience which will enable us to help you in the fastest manner possible;
- our services target both local and foreign nationals and companies interested in doing business in Seychelles;
- all our legal services are personalized and are offered to the benefit of our local and foreign clients;
- our services are offered by considering all the legal requirements and by respecting the national laws of Seychelles.
Assistance in moving to Seychelles
Immigrating to Seychelles implies several steps. Among these, finding a suitable place to live in, purchasing the chosen property, obtaining the residence permit with the Immigration and Civil Status Authority in Seychelles and opening a bank account.
You can rely on our lawyers in Seychelles for various aspects related to moving to this great country, such as real estate due diligence when buying a property. We recommend you carefully verify every aspect of a property to purchase, and our lawyers can help you do that. We can inquire with the Land Register about any ownership issues or encumbrances on the property and let you know if you can further proceed with the purchase.
If you decide to buy a property, you can rely on us for completing the procedure. With a power of attorney, our lawyers in Seychelles can represent you during the transaction, so that when you arrive, just the minor details will remain to resolve.
We can then help you set up your bank account with one of the trustworthy banks in Seychelles.
Also, if you are interested in company formation in Seychelles, our specialists here can guide you throughout the entire procedure.
Assistance in various litigation matters in Seychelles
Although no one wants to, there are cases in which the presence of a lawyer is required. These cases are usually related to various disputes. The judicial system in Seychelles is based on the English common law and the Napoleonic Code in France. The court system in Seychelles is made of the following courts:
- the magistrate courts which are first instance courts handling civil and criminal code cases;
- the Constitutional Court which revises cases related to human rights and the Constitution of Seychelles;
- the Family Tribunal which handles all the cases resulting from the Family Law of Seychelles;
- the Seychelles Rent Control Board which tries cases related to various types of rental contracts;
- the employment tribunals which are in charge with resolving disputes between employers and employees;
- the Supreme Court and the Court of Appeal which are the highest courts in Seychelles.
If you find yourself in the situation to need assistance in any of the cases handled by these courts, our lawyers in Seychelles can offer the necessary legal advice. We can also help in debt collection procedures in Seychelles.
Obtaining special licenses and permits in Seychelles
If you decide for company formation in Seychelles, you will need to obtain various permits and licenses depending on the industry you will operate in. For these situations, the services offered by our lawyers in Seychelles.
Speaking about starting a business in Seychelles, here are a few interesting facts about this country’s economy:
- Seychelles has an economic freedom index of 61.4 points, which makes it the 6th freest economy in the Sub-Saharan Africa region;
- according to the World Bank, Seychelles ranked 62nd in the world for registering property in 2018;
- imports and exports in Seychelles equal 190% of the country’s Gross Domestic Product;
- in 2018, Seychelles had a 1% surplus to the country’s budget.
The main provisions of the Employment Law in Seychelles
Those who set up companies in Seychelles, no matter if these are offshore or onshore businesses, have the possibility of hiring local personnel or bring workers from abroad as long as the respect the Labor Code here.
The main provisions of the Seychelles Labor Code refer to:
- the fact that all employees must work under one of the types of employment contracts available under the law;
- the fact that all employers must respect the regulation of wages and conditions of employment which can include certain wage benefits;
- the termination of employment which must follow specific procedures for both employers and employees;
- employment disputes which are usually dealt with by the Employment Tribunal in Seychelles;
- subsidiary legislation which covers aspects related to fixed-term contracts and fees for resolving employment disputes.
Our company formation specialists in Seychelles can help you set up a business here, while our lawyers can guide you through the employment procedures. We can also offer legal assistance in terms of labor disputes in Seychelles.
The employment contract in Seychelles
One of the most important elements of an employment relation is the labor contract which occupies mots of the Employment Law’s provisions. There are 4 types of employment contracts companies in Seychelles can offer to workers; these are:
- the continuous or indefinite employment contract;
- the fixed-term labor contract;
- the part-time employment agreement;
- the contract of employment for casual workers.
Each contract must contain similar provisions, the main difference among them being the duration of employment which must be clearly stated in the agreement. An important provision of the Seychelles Employment Law refers to fixed-term contracts which cannot be concluded for periods of less than 3 months.
Labor contracts must be concluded in writing and must bear the signatures of both the employee and a representative of the employer. These must contain the following information:
- the name of the employer and the employee;
- the nature of employment and a job description;
- the probation period (in case of indefinite employment contracts);
- the place where the work will be completed;
- the rights and duties of employee and employer;
- the remuneration of the employee.
Special provisions can also be included in a labor contract in Seychelles. The agreement must be concluded in two copies: one for the employer and one for the worker.
Another important provision of the Employment Law in Seychelles is that the language in which the contract will be drafted can be French or English.
Our lawyers in Seychelles can offer more information on the conditions of employment in this country.
Protection of employees under the Labor Code in Seychelles
The Seychelles Employment Law provides for strict regulations when it comes to the protection of employees. Also, all labor contracts must be registered with the authorities in Seychelles which fall under the supervision of the Ministry of Employment, Immigration and Civil Status.
Among the provisions related to the protection of employees, the Labor Code provides for restrictions related to abusive termination of employment and termination of work relations upon the change of ownership in the Seychelles company (mergers and acquisitions). Also, certain employees can also be entitled to housing benefits when moving to Seychelles.
Leave rights for employees in Seychelles
- all employees in Seychelles have the right to 21 days of annual leave (in a period of 12 months);
- workers are also entitled to paid sick leave, but no more than 30 days in a calendar year;
- female workers have the right to paid maternity leave od 14 weeks, out of which 12 weeks must be taken after giving birth;
- employees also have the right to up to 4 days per year for compassionate leave.
For any legal service you might need, please contact our lawyers in Seychelles.
Our lawyers can represent foreign investors in any matter concerning the registration of a Seychelles offshore company– you can rely on us for preparing the incorporation papers, gathering the necessary certificates, permits and licenses for your business, etc.
You can rely on our team if you want to rent an office space or when having to sign different types of contracts and agreements.
Contact us for advice on how to register a Seychelles IBC or on the legal requirements you may need to respect as a foreign investor relocating here for business.
Our team can offer advice on obtaining a residence permit or on the visa types available here and on any legal matter concerning the immigration of a foreigner for business purposes (relocating with family members, for instance).