Regulations for Forex broker license in Saint Lucia

The Financial Services Regulatory Authority of Saint Lucia oversees the supervision, regulation, and operations of the financial sector. The creation of the FSRA was made possible by the passing of the Financial Services Regulatory Authority Act, known as Act No. 13, in 2011

To obtain a forex license in Saint Lucia, it’s imperative that you follow the following steps:

1. Choose a Company Name

1. Choose a Company Name

  • Ensure the name is unique and not similar to any existing companies in Saint Lucia.
  • Conduct a name search through the Registry of Companies.
2. Prepare the Required Documentation

2. Prepare the Required Documentation

  • Articles of Incorporation.
  • Memorandum of Association (for IBCs).
  • Bylaws or Operating Agreement (for LLCs).
  • Identification and proof of address for directors and shareholders.
  • Good Standing from Accountant, Bank Manager or other person
3. Register with the Registry of Companies

3. Register with the Registry of Companies

  • Submit the required documents along with the registration fee.
  • The Registry will review the application and, if approved, issue a Certificate of Incorporation.
4. Open a Bank Account

4. Open a Bank Account

  • Choose a local bank and open a corporate bank account for your business.
  • Provide the bank with the necessary documentation, including the Certificate of Incorporation and identification of the company’s directors and shareholders.
5. Comply with Ongoing Obligations

5. Comply with Ongoing Obligations

  • Maintain proper accounting records and file annual returns.
  • Ensure compliance with any sector-specific regulations.
6. Costs Involved in Company Formation

6. Costs Involved in Company Formation

  • Registration Fee: The fee varies depending on the type of company and the amount of authorized capital.
  • Annual Fees: IBCs and LLCs may have lower annual fees compared to domestic companies.
  • Professional Fees: If you engage the services of lawyers or accountants, their fees will vary.

Overview of requirements to obtain forex license in Saint Lucia

  • Incorporate a company under the Saint Lucia Companies Act as either an LLC or an IBC.
  • Submit documentation for the company’s shareholders and director.
  • Complete and submit the application form.
  • Appointing additional company staff is not required; however, depending on the business model and for verification purposes with software/service providers, appointing an AML officer may be necessary for approval.
  • A local office is not mandatory, however, certain service providers may require a lease agreement, which can be facilitated by Legalaes.

Estimated time frames to obtain forex license in St. Lucia

Business name verification

1 day

Company formation with Forex authorization

up to 5 days

Legal services for obtaining Forex license in Saint Lucia

Basic Package

5,500 USD initial set up

  • Turnkey Forex company formation
  • Company name verification
  • Legal address for 1 year
  • Corporate documents
  • Government fees

Registration of the Forex licensed company in St. Lucia under the minimum regulatory requirements

Redomiciliation

6,200 USD initial set up

  • Redomiciliation of your company from SVG or any other jurisdiction to St. Lucia
  • Legal address for 1 year
  • Corporate documents
  • Government fees

The process of re-domiciliation of your forex company to St. Lucia under the minimum regulatory requirements

Additional services on request

  • Legal opinion
  • Tailored AML/KYC policies
  • Document package for your website
  • Assistance in opening bank account
  • Setting up KYC/KYT provider
  • Apostilled corporate documents
  • Business plan
  • Legal support

Jegor Kupratsevits

Head of Finance Projects

Requirements for Forex licensing in St. Lucia

List of required documents

  • Passport and Proof of Address: Submission of a valid passport copy and a recent proof of address for each shareholder, ensuring the authenticity of identity and residence.
  • Curriculum Vitae (CV) of Shareholder: Provision of a detailed CV for each shareholder, highlighting professional experience and qualifications relevant to the business.
  • Compliance Maintenance: Commitment to maintaining moderate compliance within your organization, aligning with industry standards and regulatory requirements.
  • LLC or IBC Registration: Registration of the company as a Limited Liability Company (LLC) or International Business Company (IBC) in accordance with the local Companies Act, establishing a legal entity recognized under local law.
  • Application Form Submission: Filling out and submitting the designated application form for obtaining Forex license in Saint Lucia, ensuring all information provided is accurate and complete.

Share Capital and Government Fees

  • Minimum share capital: There is no requirement for a minimum share capital for company registration or forex license in Saint Lucia.
  • Annual government fee: An annual government fee of US$300 is required to maintain the company.

Personnel Requirements

  • Appointing staff is not mandatory for a Forex license in Saint Lucia. However, depending on the business model and for verification purposes with software or service providers, appointing an Anti-Money Laundering (AML) officer may be necessary. Legalaes can manage all HR functions to facilitate this process.

Business premises requirements

  • While a local office is not mandatory for obtaining a Forex license in Saint Lucia, some service providers may still require a lease agreement. Legalaes can provide this service on request.

Roadmap of obtaining Forex license in Saint Lucia

For more detailed road map of the project and commercial offer – get in touch with our Forex professional.

Jegor Kupratsevits

Head of Finance Projects

1

Initial Setup

The initial step is to choose between registering as an International Business Company (IBC) or a Limited Liability Company (LLC), based on your market goals. An IBC, ideal for operations outside the Caribbean due to its exemption from foreign income tax, contrasts with an LLC, required for Caribbean operations. This phase includes document collection and preparation, guided by your business objectives, to facilitate a smooth setup. For Caribbean operations, acquiring a Financial Services Regulatory Authority (FSRA) license is necessary.

2

Submission

This phase is dedicated to the careful review and submission of the complete document package to the regulatory authority. Communication with the local regulator is maintained to minimize delays, aiming for a rapid operational start, within as little as two weeks.

3

Bank Account and additional documents

Following the issuance of the Certificate of Incorporation, attention turns to opening a bank account and preparing additional documents. Service providers, such as “Metaquotes”, commonly request a legal opinion to ensure the company adheres to local laws and international compliance standards.

4

Operational Launch

The final stage marks the start of operations, with continuous support provided to ensure regulatory compliance through vigilant monitoring and reporting, upholding adherence to both local and international standart.

Advantages of registration Forex company in Saint Lucia

Registering a forex company in Saint Lucia offers several advantages, making it an attractive destination for forex brokers and financial service providers. Here are the key benefits:

Links for legislation related to Forex business in Saint Lucia

The Financial Services Regulatory Authority in Saint Lucia, alongside the Eastern Caribbean Central Bank, plays a pivotal role in the oversight, regulation, and supervision of the financial sector’s operations, including the issuance of a Forex license in Saint Lucia. Together, they ensure the stability and integrity of financial practices within the region, fostering a secure and prosperous economic environment.

Provides a legal framework for International Business Companies, offering ease of incorporation and operational flexibility to attract global business interests.

Regulates the registration of business names, ensuring transparency and trust in the business landscape.

Sets stringent guidelines for financial institutions to prevent, detect, and report money laundering and terrorism financing, maintaining the integrity of the financial system.

Saint Lucia forex license regulatory body

Taxation of Forex Companies in St. Lucia

Taxation for forex companies in Saint Lucia is structured to be business-friendly while ensuring compliance with local and international tax standards. Here is a comprehensive overview of the taxation framework applicable to forex companies operating in Saint Lucia:

Corporate Taxation

Corporate Taxation

1. Corporate Income Tax:

  • Saint Lucia has a relatively low corporate income tax rate compared to many other jurisdictions. As of 2024, the standard corporate tax rate for IBC company is 0%.
  • Forex companies, like other corporate entities, are subject to this tax on their worldwide income.

2. Tax Incentives:

  • Saint Lucia offers various tax incentives to encourage investment, particularly in the financial services sector. These incentives can include tax holidays, reduced tax rates, and exemptions for qualifying expenses.
  • Forex companies might benefit from these incentives depending on the specifics of their operations and investments.
Value-Added Tax (VAT)

Value-Added Tax (VAT)

  • The standard VAT rate in Saint Lucia is 12.5%. This tax is applicable to most goods and services.
  • Financial services, including forex trading, are typically exempt from VAT. This means forex companies are not required to charge VAT on their trading services, but they might still need to account for VAT on other taxable goods and services they purchase.
Withholding Tax

Withholding Tax

Dividends

Dividends paid to non-resident shareholders are subject to withholding tax. The standard withholding tax rate on dividends is 25%, but this rate can be reduced under applicable double taxation treaties.

Interest and Royalties

Interest and royalty payments made to non-residents are also subject to withholding tax, generally at a rate of 15%. Again, this rate can be reduced under double taxation agreements.

Double Taxation Treaties

Double Taxation Treaties

  • Saint Lucia has signed several double taxation treaties (DTAs) with other countries, which can provide tax relief and reduce withholding tax rates for forex companies and their investors.
  • These treaties can also allow for tax credits, ensuring that income is not taxed twice in different jurisdictions.
Compliance and Reporting

Compliance and Reporting

Tax Returns

  • Forex companies must file annual corporate tax returns detailing their income, expenses, and tax liabilities.
  • Accurate and timely filing is crucial to avoid penalties and interest on overdue taxes.

Transfer Pricing

Saint Lucia adheres to international transfer pricing guidelines. Forex companies engaging in transactions with related parties must ensure that these transactions are conducted at arm’s length and properly documented.

Employment Taxes

Employment Taxes

Employers in Saint Lucia must comply with payroll tax obligations, including contributions to the National Insurance Corporation (NIC) and pay-as-you-earn (PAYE) taxes on employee salaries.

Benefits of the Tax Regime

Competitive Tax Rates

Saint Lucia offers competitive corporate tax rates and various incentives, making it an attractive jurisdiction for forex companies.

Exemptions and Incentives

The availability of exemptions for financial services and specific tax incentives can significantly reduce the overall tax burden for forex companies.

The taxation regime for forex companies in Saint Lucia in 2024 is designed to promote a favorable business environment while ensuring compliance with international standards. By leveraging tax incentives and adhering to compliance requirements, forex companies can benefit from the strategic advantages offered by this jurisdiction.

FAQ about Forex license in Saint Lucia

1. Who can apply for a Forex company in Saint Lucia?

Saint Lucia does not have specific residency, experience, or educational requirements on shareholders, making it an appealing choice for newcomers to the financial market.

2. What is the cost of registering a Forex company in Saint Lucia?

The cost is competitive compared to other jurisdictions. For 4,900 USD, you receive a legal entity covering all government fees and professional services. For additional services, Legalaes offers consultations to provide a tailored proposal based on your business objectives.

3. What are the benefits of registering your Forex company in Saint Lucia?

Saint Lucia is notable for its exemption from corporate tax on foreign income and quick processing times. It serves as an ideal sandbox for forex brokers seeking to test their concept before pursuing other licenses or making platform modifications. This jurisdiction offers a cost-effective solution for scaling your forex brokerage business.

4. What services can I provide with a Forex company in Saint Lucia?

  • Execute trades in various financial instruments: securities, currencies, commodities, and futures, either for clients or on behalf of the organization.
  • Specialize in the purchase and sale of securities in transactions with others.
  • Manage client portfolios and ensure the custody of assets, with clients retaining ownership rights.

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