Offshore Banking with a Swiss Bank Account and Nevis LLC
Form of instrument filing;
4. (1) Whenever any provision of this Ordinance requires any instrument to be filed with the Registrar of Companies, such instrument shall comply with the provisions of this Part unless otherwise expressly provided by a law. (2) Every instrument referenced herein, filed or required to be filed, shall be in the English language, except that the corporate name may be in another language if written in English letters or characters. (3) All instruments shall be signed by all directors; or, by the president, vice president or managing director, and by the secretary or an assistant secretary. (4) Whenever any provision of this Ordinance requires an instrument to be acknowledged, such requirement means in the case of execution of an instrument within Nevis that: (i) The person signing the instrument shall acknowledge that it is his act and deed or that it is the act and deed of the corporation, as the case may be; and (ii) The instrument shall be acknowledged before a notary public, commissioner for oaths or other person authorized to take acknowledgments, who shall attest that he knows the person making the acknowledgment to be the person who executed the instrument. (5) In the case of the execution of an instrument outside of Nevis, an acknowledgment shall mean: (i) The person signing the instrument shall acknowledge that it is his act and deed or that it is the act and deed of the corporation, as the case may be; and (ii) The instrument shall be acknowledged before a notary public or any other person authorized to take acknowledgments according to the laws of the place of execution, or a consul or vice-consul of St. Kitts and Nevis or other governmental official of St. Kitts or Nevis authorized to take acknowledgments or, in their absence. A consular official of another government having diplomatic relations with St. Kitts and Nevis, and such notary, person, consul or vice-consul shall attest that he knows the person making the acknowledgment to be the person who executed the instrument; and (iii) When the acknowledgment shall be taken by a notary public or any other person authorized to take acknowledgments, except a governmental official of St. Kitts or Nevis or foreign consular official, the signature of such person who has authority shall be attested to by a consul or vice-consul of the Nation of St. Kitts and Nevis or, in his absence, by a consular official of another government having diplomatic relations with St. Kitts and Nevis, or a government official of the place of execution who is authorized to make such attestation, or an Apostille according to the Convention de la Haye de 5 Octobre 1961. (6) Whenever any provision of this Ordinance requires any instrument to be filed with the Registrar of Companies, such requirement means that: (i) An appropriate receipt evidencing payment of all appropriate fees shall be delivered to the office of the Registrar of Companies and, within ten days of the date of the receipt, the original instrument together with a duplicate instrument, both signed and acknowledged: (ii) Upon delivery of the original signed and acknowledged instrument with the required receipt and an exact signed and acknowledged copy, the Registrar of Companies shall certify that the instrument has been filed in his office by endorsing the word "Filed" and the date of the required receipt upon the original instrument. Said date shall be the filing date; (iii) The Registrar of Companies shall compare the duplicate signed and acknowledged copy with the original signed and acknowledged instrument, and if he finds that the text is identical, shall affix on the duplicate copy the same endorsement of filing as he affixed on the original. The said original, as endorsed, shall be returned to the corporation. The endorsement constitutes the certificate of the Registrar of Companies that the document is a true copy of the instrument filed in his office and that it was filed as of the date stated in the endorsement; and (iv) Any instrument filed in accordance with subsection (ii) shall be effective as of the filing date stated thereon. (v) Upon the filing of any instrument the Registrar of Companies shall issue a certificate of endorsement under his hand and seal certifying that the instrument is filed. (7) Any instrument relating to a domestic or foreign Corporation and filed with the Registrar of Companies under this Ordinance may be corrected with respect to any error apparent on the face or defect in the execution thereof by filing with the Registrar of Companies a certificate of correction, executed and acknowledged in the manner required for the original instrument. The certificate of correction shall specify the error or defect to be corrected and shall set forth the portion of the instrument in correct form. The corrected instrument when filed shall be effective as of the date the original instrument was filed.
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