21-Oct-2018
October 21, 2018
Written by Aurore Deeb
Senior Associate
A PROMISING STEP FOR INVESTMENTS IN LEBANON
Offshore companies
generate extensive economic fields and develop new markets for the
Lebanese business activity. Such companies contribute in preserving the
capital within the Lebanese economic sphere, as well as attracting
foreign capital to Lebanon.
Moreover, the
favorable tax rates from which benefits an offshore promote a healthy
investment environment. Such healthy environment will definitely attract
outside wealth which for a small country, could intensely increase the
economic activity.
With the purpose of
encouraging foreign businessmen and attracting them to establish
offshore companies in Lebanon, the Lebanese parliament issued on October
10, 2018 the law number 85 (the “New Offshore Law”) amending the decree law number 46 of June 24, 1983 regulating the offshore companies in Lebanon (the “Offshore Law”).
The New Offshore
Law, introduced Lebanon into a new stage with regards the establishment
of offshore companies. As a matter of fact, under the provisions of the
Offshore Law and Lebanese commercial laws, a minimum of three (3)
shareholders were necessary for the establishment of an offshore.
However, such
condition no more exists under the New Offshore Law. The establishment
of a Lebanese offshore by one (1) shareholder (the “One Shareholder”), whether a legal entity or a natural person; Lebanese or foreigner, is now permitted under the New Offshore Law.
It is possible for
the One Shareholder to manage the company by himself having all the
responsibilities of the board of directors and the general assembly.
Further, in the event the One Shareholder is a foreigner, he will be exempted from issuing a work permit.
As well, subject to
having a minimum of annual budget one billion Lebanese Pounds
(1,000,000,000 L.L), the foreign (1) chairman, (2) authorized signatory,
and (3) employees are exempted from issuing a work permit.
Such amendments are
considered a very encouraging step for the Lebanese economy and a
promising opportunity to attract foreign investors, as well, a promising
step for future amendment of the Lebanese commercial Law regarding the
possibility to establish a single person company.