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Frequently Asked Questions

An Ordinary Resident Company (ORC) is a type of Cayman Islands company intended to conduct business within the islands. Unlike exempted companies, ORCs are primarily for local operations and require at least 60% Caymanian ownership and control. These companies must adhere to local laws, including employment and licensing requirements, making them ideal for businesses like retail, construction, and professional services within the Cayman Islands.

The process of forming an ORC in the Cayman Islands involves the following steps:

    • Choosing a Company Name: The name must be unique and approved by the Registrar of Companies.
    • Drafting and Filing Incorporation Documents: Submit a memorandum and articles of association to the Registrar.
    • Meeting Ownership Requirements: Ensure compliance with the 60% Caymanian ownership rule.
    • Obtaining Licenses and Approvals: Secure a Trade and Business License and other sector-specific permits if necessary.
    • Registering for Taxes and Contributions: Register with the Cayman Islands Department of Labour and Pensions for payroll-related obligations.

ORCs must meet several annual compliance obligations, including:

    • Annual General Meeting (AGM): Companies must hold an AGM each year to review operations and financials.
    • Annual Returns: Submit an annual return to the Registrar of Companies and pay the corresponding fee.
    • Trade and Business License Renewal: Renew the business license annually, which involves providing updated business details.
    • Financial Reporting: Maintain accurate records and, where required, submit audited financial statements.
    • Tax and Pension Contributions: Ensure timely payment of payroll taxes and pension contributions for employees.
  • Access to Local Markets: An ORC allows businesses to operate freely within the Cayman Islands, catering to local consumers and industries.
  • Favorable Tax Environment: While subject to certain local fees, ORCs benefit from the absence of corporate income taxes, capital gains taxes, and withholding taxes.
  • Ease of Setup: With professional guidance, forming an ORC is a streamlined process supported by the Cayman Islands’ efficient legal and regulatory framework.

Non-compliance can result in penalties, suspension, or even deregistration of the company. Specific consequences include:

    • Late Filing Penalties: Fees are imposed for failing to submit annual returns or renew licenses on time.
    • Business Interruptions: A lapsed trade license can halt operations until reinstated.
    • Legal Liabilities: Directors and officers may face legal consequences for neglecting statutory responsibilities.

To avoid these outcomes, it’s highly recommended to engage professional corporate services for compliance monitoring and timely submissions.

By understanding these key aspects, businesses can establish and manage an Ordinary Resident Company in the Cayman Islands with confidence and efficiency.

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