2012年4月30日 星期一

Offshore Company Formation, What is Offshore Company Formation?


International Business Companies

An IBC is a corporation that is incorporated (formed) in a zero tax or low tax jurisdiction and is typically authorized to do business anywhere in the world except its home country (i.e., an IBC formed in St Vincent and the Grenadines may do business anywhere in the world except St. Vincent and the Grenadines). Just as with U.S. corporations, the same person may act as the shareholder, director, officer of the company. As long as the Company has only one shareholder, one person may act for the company. If the Company has more than one shareholder then a minimum of two directors is needed.

An IBC (also known as "International Business Company" or "International Business Corporation") is a legal entity, usually a Corporation or Limited Liability Company, formed outside of one's country of residence.

The dictionary.com definition of international is, "Of, relating to, or involving two or more nations." (In this instance, you live in one nation and your IBC is created in another.)

A business is, of course is, "A commercial enterprise or establishment."

A company is "A business enterprise; a firm."

Alternatively, a corporation is "A body that is granted a charter recognizing it as a separate legal entity having its own rights, privileges, and liabilities distinct from those of its members."

So, when you create an IBC you are creating an entity that has been granted a charter by a foreign government to conduct a commercial enterprise. You have created a legal foreign "person" who you control. You can open a bank account in the name of your IBC in a foreign country. Your international business company can receive income. Your international business corporation can operate a business. There are a number of countries in the world that have greater financial privacy laws than the US, Canada, UK, Australia, China and other lawsuit-prone or high-tax, jurisdictions.

With the advent of the Internet, a business location is really not nearly as significant as it has been traditionally. The location may now be no more digital data that can be accessed from an Internet server located anywhere in the world.

Therefore, creating an IBC allows one to operate a business or hold existing funds securely and privately, off of the "radar screen" of your legal enemies.

We have all heard the stories of attorneys who have their own full-time private investigators. They are hired by many law firms to track down assets of people who have lost legal battles. They are also hired to uncover the assets of potential legal targets. It is said that if they know your name and a little bit about you, they can find every account in the United States on which you are the signatory. They can even find your bank balances down to the penny.

I have seen this happen and I have to say, the speed in which the investigator can find assets even amazed me.

Attorneys use this information to decide whether or not to accept a case. If assets cannot be located, it would be likely an attorney would not accept the case - especially on a contingent-fee basis.

This is where the International Business Company comes in. The IBC allows you to hold assets out of your name in a safe, secure financial centre. At the same time, the IBC also allows you to retain 100% control of your IBC's assets. When an attorney hires a private investigator to locate assets, it is extremely unlikely that they will be discovered. Keep in mind, in the offshore jurisdictions we typically utilize, there is no social security number or social insurance number required in order to open an IBC bank account. It is a crime for a banker to reveal your association with a bank account to an individual outside of the bank. Your ownership of an IBC is not recorded in any public record.

There are countries with IBC laws that take privacy very seriously. The asset protection provisions in some countries are extremely strong. Many of these countries are island nations that have become financially strong by offering a safe-haven in which to store one's money.

One of the strongest IBC asset protection laws found in on the Island of St Vincent. St Vincent is located in the Caribbean Sea and is about a 35 mins. flight East of Barbados.

The St Vincent and the Grenadines IBC laws offer substantial privacy of ownership. The St Vincent and the Grenadines Limited Liability Company (LLC) law provides an additional barrier. There are provisions in St Vincent and the Grenadines LLC law to protect LLC assets from being seized in a lawsuit if the registered office of the bank holding the assets is registered in Switzerland. Corporations have stockholders. LLC's Registered in St Vincent and the Grenadines with the Swiss Trust Bank are effectively judgment proof.

St Vincent and the Grenadines IBC law makes it extremely difficult to establish who a director or principal of a company is since the Swiss Trust Bank has to abide by the Swiss Banking code and deny the existence of the company, its directors and who its customers are. Therefore, assets such as offshore bank accounts can be protected from judgment creditors in two ways:

1. Privacy because St Vincent and the Grenadines IBC law protects the owner of the LLC from being revealed.

2. Asset protection, because St Vincent and the Grenadines IBC law protects the assets within the LLC from being associated with a member of the LLC.

Therefore, the bank account for your St Vincent and the Grenadines LLC can be protected from being taken away from you in the event of a personal lawsuit. Many people use IBCs to operate businesses such as online pharmacies, Internet gaming sites, etc., protect assets from lawsuits and provide for tax-free revenue for residents of countries that do not tax worldwide income.

The St. Vincent and the Grenadines IBC is a vehicle of choice for persons seeking a flexible and modern corporate vehicle through which to do business. The IBC is exempt from any corporate, income, withholding, capital gains or other taxes on income or assets for 25 years.

Do you want to know more about Certificates of Deposit and Offshore Company Formation? You need to call Swiss Trust Bank Now on 001-784-458-2400

for a more informal discussion.




The Author of this article David Morgan is manager of the Swiss Trust Bank Group and has over 20 yrs experience in the banking and financial world. You have permission to syndicate this article providing you the link it to http://www.swisstrustgroup.com





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Investing in 10-Year CDs


I originally wrote this in July 2007. A lot has changed, but in general the reasoning is still sound. Please note that now is probably not the time to buy a 10-year CD unless it has a 6-month or lower early withdrawal penalty. But that is my opinion you are free to make up your own mind.

Some Reasons for doing so:

I want a stable, decent rate of return.

What is a decent return? Since 1995, the 15-year average rate on 3-month T-Bills has been 3.42%. For 6-months, it has been 3.51%. When I first wrote this I went back to 1992 and the averages were 3.86% and 3.97%. A couple of years of historic lows does change the picture a little.

Our database goes back to 1993. The weighted-average 1-year rate as of 2/28/10 was 4.33%. The average 5-year was 4.479%. So right now, with the 10-year hovering around 4.00%, you'll probably fall short of what you could earn. But it may not be too long before the rates are in range.

I have a well balanced and laddered portfolio.

This still holds true. However, finding a 10-year with a penalty that isn't too high just adds some icing to the cake. If you don't have all of your eggs in one basket that is a good sign. What the various baskets are, is based on your risk tolerance, goals, age, etc. When it comes to laddered portfolios, if you have funds coming due in the next 1-year, 2-year, 3-year, etc. you are well protected on that front. If rates go up, you can take advantage of those as your funds become available. If rates go down or hold, you have some funds on the longer end that are protected with a nice rate. But trying to time things is very difficult. Historical information is just good as a guide; it provides no guarantees of what the future will hold. Maintaining a good ladder allows you to do longer-term CDs at times. The average 5-year CD portfolio pays about 1.00% over an average 1-year CD portfolio.

Some Reasons for not doing so:

This is the only money I have.

Putting all of your money in any one investment vehicle isn't prudent. So if $100,000 is all you have, putting it in a 10-year CD wouldn't be advisable. If you are in your later years, and principal preservation is your goal, taking that $100,000 and putting some in savings to cover emergency needs and then ladder the rest would be a good plan.

I'll be buying a house, sending children to college, etc.

When is the big question here. If you plan on having any major expenses in the next 10-years, and you don't have a very high reasonable expectation of having other means to cover them, don't do a 10-year CD. Most longer-term CDs have a large penalty to close early and you don't want to be in a situation where you have to break the CD. But, try to strategize (on the conservative side) when you will need the funds. Then ladder your investments out across different maturities. When each maturity comes up, reassess to see if you can maintain the maximum term you have set-up.

For instance, you set-up a ladder that has funds coming due every 6-months and the longest maturity is in two years. When the first funds become available, determine when you will need them. If the funds will be needed in the very near future, move them to a high yielding savings account, if not invest in the term that fits your situation, eg., a 1-year, 2-year or even longer term CD.

Another thing to remember is don't try to be greedy. It is impossible to predict when any rate cycle (up or down) will change. If the rates are in range or slightly better than historic averages, It may be a good idea to lock them in.




Chris Duncan is a FINRA Registered Representative. He specializes in helping clients find the best and highest CD rates nationwide. His clients include individuals, financial institutions, corporations, and public agencies. Visit us for more Certificate of Deposit info.





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Many People Suffer Because of Low Interest Rates


Low interest rates help those that are trying to buy a home or a new car, but they hurt anyone who has money to invest. With low interest rates being the norm for so long now, anyone who has to rely on interest income is in a very bad position as it looks like nothing will change for quite some time.

The people that are hurt by low interest rates are those people that like to invest in bank certificate of deposits (CD's) and other investments that are guaranteed by the government. Government bonds would also fall into that category. Seniors often have their money in this type of safe investment vehicle because they need to be guaranteed that they will not lose the money. In exchange for the low risk, they are willing to make less that they might be able to in the stock market. However, with rates so low right now, they are making practically nothing on their money.

If you are looking for the best CD interest rates, you need to look in different places than your local bank. Right now many people are trying to find the absolute best rates they can find and they will have to search on the Internet to find them. No longer can you just look in your city and expect to find the best rate. A nationwide search is necessary to find the best CD and money market rates and luckily the computer and Internet allows you to do that.

By looking on the Internet you will be able to find banks that give the best rates and maybe even ones that have promotions for an extra quarter point or so. You need not worry that you might be sending your money to an institution that is in another state or even clear across the country. You will be able to electronically transfer the money to them and so it doesn't matter where the bank is physically located. However, take note that even the highest rates you will find online are still very low compared to a handful of year ago. No matter what you do, it is difficult right now to earn much money through interest as the rates are low everywhere.




Is there such a thing as a no risk CD? Find out at my website Best CD Interest Rates.





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2012年4月23日 星期一

College - Closer Than You Think


The price of a college education continues to rise. These days, even a state university can cost well over $100,000 over the course of four years. This will easily double over the next ten to twenty years. Saving for a child's college fund is more important than ever. The earlier you begin, the more you can put interest to work and help offset college costs. If you develop a good plan and start saving early, the money will be there when your child is ready to begin their post secondary education. Here are a few ideas to get your started.

The college fund should be viewed as nearly sacred, only to be dipped into in the case of extreme emergency. the first step is to make sure the college fund is a separate account or accounts. This helps separate the fund from other daily needs and also helps track its progress. Being able to watch the fund progress helps you to stay focused and estimate if you are investing enough.

Since saving for college is a long term investment, optimally one that lasts 18 years, financial instruments such as Certificates of Deposit (CDs) are a viable option that will give you a better return. Generally the longer it takes for a CD to mature, the higher the interest it will pay. CDs also help take away some of the temptation to borrow from the account since the funds will be less available. Money market accounts are also a good way to enjoy higher interest rates than you fin in normal savings account.

Just like in other investments, diversity is a good idea when planning a college fund. Use a portion of the money to invest in the stock market. Though some risk is involved, the fact that you are looking to invest for the long term minimizes that risk. The stock market fluctuates, but over time it is one of the most lucrative investments available.

Don't belittle the amount of money one can save in a piggy bank or dime jar. As you empty your pocket of loose change each evening, put it in the old piggy bank. When the jar is full, take it to the bank and deposit it into the college fund account. 18 years of piggy bank savings can easily add up to thousands of dollars that you will never miss along the way. Coupled with the interest these little deposits accrue over the course of nearly two decades, the change can turn into something substantial.

More and more, success in the world depends on increased education. If you want your child to have every advantage in life, you must ensure that they attend college. Your child can't take advantage of the benefits of time, so it is your responsibility to do that for them. Start saving as soon as possible and enjoy the peace of mind that comes from knowing you are investing in your child's future. Your child will thank you for it one day.




Todd Fletcher has been involved in financial analysis since 2007. Visit http://www.Ratelines.com for more of his advice on money markets.





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2012年4月22日 星期日

CD Rates Safe in Light of FDIC Losses


The FDIC's insurance fund has fallen from $45 billion to $10 billion in just the course of 1 year. The FDIC currently has 416 banks on its troubled banks list and has already closed 81 banks so far this year.

The FDIC estimates that the failure of BankUnited would cost them $5 billion, half of the funds they currently have.

With the FDIC funds at such low levels, there's no concern over funds not staying insured however. If worst comes to worst the FDIC will impose greater fees on banks in order to get more capital, this in turn might cause banks to lower their CD rates. All FDIC insured funds will stay insured however.

After a FDIC takeover of a bank, accounts are usually still able to be accessed. It's rare that the FDIC can't find another bank to take over the accounts of a failed bank. It's usually a pretty painless transaction. The only thing people should worry about is staying under the $250,000 FDIC insured limit, the limit that congress extended until 2013.

If you have more than the insured limit, there's no guarantee you'll get your money back if the bank fails.

There are ways to get more coverage. If you have a joint account its insured for up to $500,000 since it's insurance for 2 individuals. You can also utilize multiple accounts like certificates of deposit, checking, and savings.

When opening accounts you should always try to get the best yield on your money. Shop around and looks at the CD rates and savings rates banks have to offer. It pays in the long run to find a high yielding account.




Michael Jameiosn contributes to Bromoney's CD Rates and specializes in long term CD rates.





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Current Bank Interest Rates


Current CD Bank Rates are on the rise. Back in May/June 2008, 6-month bank rates ranged from 3.35% to 3.50% and 1-year bank rates were around 3.70%. Now as the Federal Open Market Committee (FOMC) paused again and held the overnight rate (Fed Funds) at 2.00%, competition, demand, and inflation concerns are pushing short-term rates into the 4.00% to 4.25% range. The spread between Fed Funds and CDs is quite large at this time.

For some perspective, I researched historical Fed Funds. In 2005, Fed Funds were on the rise. The average rate was 3.25%. This compared to an average 6-month CD rate of 3.74% and 1-year rate at 4.19%. That is a spread of about 50 to 75 Basis Points (0.50% to .75%). In 2006, Fed Funds kept rising until they peaked at 5.25%. The average rate was 4.94%. The average 6-month bank CD rate was 5.28% and the 1-year was 5.40%. The spread narrowed to about 25 to 50 Basis Points. Matter of fact, the spread at one point was inverted. Fed Funds was higher than a 6-month CD Rate. This spread was maintained through 2007, as the Fed Funds was held at 5.25% through August. In September, the FOMC began lowering rates. They went from the 5.25% to our current 2.00% in a fairly short amount of time.

The FOMC (Federal Open Market Committee) is now caught between a rock and a hard place. The economy is still struggling so they are reluctant to raise the overnight rate. However, inflation has certainly been finding its way into our everyday lives. Once the Fed begins to raise rates the spread will most likely get smaller as banks will try to hold the line on their interest rates. The other most likely scenario is for the curve to flatten. Banks won't want to pay more of an interest rate for any longer than they have too.

One thing to keep in mind is no one has a crystal ball. As current interest rates are rising, it probably makes sense to shorten up some of your CD terms and maybe even play the internet savings rate game (although it can be quite time consuming). However, don't get caught holding all shorter-term CDs. You never know what can happen. Back in 2006 and 2007 people kept thinking rates would just keep going up and many didn't do any longer-term CDs. However, those same people who have been facing rates in the mid 3.00% to low 4% are wishing they had done a few CDs with 5-year rates at 6.00%.




Bank Man has been in the financial industry for over 10-years. He has seen rates come up and down during that time. He spends his time looking for higher CD Rates so that you don't have to.

For more information on Current Bank CD Rates please visit Bank CD Rates or the Top CD Rates Blog.





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2012年4月21日 星期六

Bank CD Rates


For investors, one of the most important considerations in their investment decisions is on the returns that they can get from the investment. This is because as much as possible; investors would like to invest their money in investments that would offer them the highest returns. Given this, investors gather as much information as they can with regard to the current interest rate environment, as this can help them decide on which investment option would allow them to earn more. Among the different investment options, investors are very keen on the interest rates on CD?s because CD investments have been considered as one of the most lucrative and safest investment option in the market. As a result, investors try to find out as much as they can not only about the interest rates offered for CD but also other helpful information that can help them plan their investments in CD?s, which includes timing their investments.

Other helpful information

One of the most important pieces of information that can help an investor plan his investment in CD?s is on the factors that determine the interest rates that banks offer for CD investments. This is important because knowing these factors can help an investor plan his investment as to what CD product he should get an on when he should invest in a CD. There are two main factors that affect the interest rates that bank offer to investors, which are the length of the maturity period of the CD and the current interest rate environment. As to the maturity period of the CD, banks usually offer higher interest rates on long-term investments. This is because banks are willing to pay more because long-term CD?s allow them to use the money for a number of purposes and longer. With regard to the current interest rate environment, most banks try to keep up with the rates in the market, which means an increase or a decrease in the prevailing market rates can also mean a rise or decline in the interest rates for CD?s.

For investors, it is not only important to know the prevailing interest rates in the market, as it is also very important to know the factors that can affect the interest rates that determine the returns they get from an investment. For CD investments, this is also true because knowledge of the factors that affect the interest rates that are offered by banks for CD?s can help them pick the best CD product and to plan the timing of their investment with the aim of maximizing their earnings.




CD Rates provides detailed information on Best CD Rates, CD Rate Calculators, CD Rate Comparisons, Certificate Of Deposit Maturation and more. CD Rates is affiliated with Cash For Future Payments.





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Can Loan Debt Stop You Getting a Mortgage Certificate?


With mortgages often exceeding £100,000, lenders have to be sure that recipients are trustworthy and will have the means to repay to money during the agreed period. This means that they will often carry out forensic checks on your current financial status, credit history and your employment security. One thing that can really stand in your way is outstanding loans and other debt.

The reason why existing debt is such an important factor for mortgage companies and lenders in general is pretty straightforward. Effectively each person has a level of borrowing that they can safely manage. The bigger your total debt, the riskier you are perceived. This is due to the simple fact that debts need to be repaid, which takes time and the longer you have a loan, the greater the potential for defaulting.

Banks, building societies and other lenders are fully aware that your financial stability is constantly changing. A drop in earnings or the loss of a job can occur almost without warning. If and when it does, your ability to repay outstanding debts will be significantly impaired. This is why your current risk rating is so important in all lending decisions.

To use a real-life example, let's pretend you borrowed £10,000 to pay for wedding expenses and have an existing agreement for a new car for £6,000. Once you add in any outstanding credit, including overdrafts, store and credit cards, let's say for the sake of this example you have £4,000, this can really mount up. In fact you would have £20,000 already outstanding, which would clearly impact the mortgage provider's decision.

Assuming that you have a strong credit rating, are happily employed and receiving a good wage, any outstanding debt shouldn't be a major issue though. Whilst you might not be able to borrow as much as you might have perhaps hoped to achieve, it shouldn't mean that gaining a mortgage certificate is impossible.

The more obvious issue, particularly for first-time buyers with no existing equity, is that you would then have to find enough to cover the deposit. Due to the tighter banking regulations that are now in place, most lenders will require a deposit of between 10 and 25% of the total cost of the property.

Between July and September 2011 the average price of a home in the UK was £241,461. As such, if you had to provide a 20% deposit on a property at this price, you'd have to have over £48,000 ready to hand over. Perhaps the most obvious solution would be to borrow the money from a bank. However, this would of course undermine the whole point of having a deposit in the first place as you would still effectively have a 100% mortgage - albeit possibly through more than one lender. It is for this reason that if you are seeking a mortgage, the provider will have to consider all arrears; otherwise you could potentially keep borrowing just to build more debt - which would be dangerous and counter-intuitive.

So loan debt will certainly be taken into account whenever you come to apply for a mortgage, or indeed any other form of credit. The more debt that you have, the greater the difficulty you're likely to encounter in attempting to borrow more. It will impact your credit rating and it could even mean that you have to delay any decisions on whether you apply; after all, failed applications can count against you for many months, meaning that any undue haste could lead to a substantial delay in securing a mortgage agreement with your bank.




Vincent Norman is a finance writer who writes for a number of finance businesses. For payday loans, he recommends Paydaypower.co.uk





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2012年4月20日 星期五

6 Month CD Rates - Finding the Best Rates in Your Area


If you're like most people, you know you need to save and invest more of your money, and a 6 month CD with a high rate is a great way to start. Many people prefer 6 month CD rates to others such as a 3 month CD or a 12 month CD for a variety of reasons. A year may be too long for most people to have their money tied up, and you usually can't earn a great rate with a 3 month CD. So if you know that you want a 6 month CD rate, we'll show you how to find the best CD rates in your area.

Searching for CDs locally before we show you how to find the best CD rate deals, we want to take a second and consider why people may want to search for CDs locally. There are 2 answers to this in general:

1.) Convenience. Finding a local bank or credit union that offers a great rate on a certificate of deposit means that you don't have to travel very far, and the bank is essentially a neighbor in the local banking community. You may already be banking with them as well.

2.) Best rates. Local banking institutions also generally offer the best CD rates deals as compared to national banks. That's because local institutions are much smaller, have lower operating costs and are more likely to be aggressive in earning local business. Due to this, the CD rates they advertise will usually be higher to gain local support and business.

Finding the Best Rate - Now that you know why people may want to search for CD rates locally, here's how you should approach actually finding your 6 month CD rate. The secret is actually very simple. There are a number of online rates comparison tools that gather data on CD rates across all banks, and then break down that information so that you are able to view the best rates in your area. There's no trick to it, as you can actually go and visit bank websites via these tools to verify the rates. Here's a hint: Look for online rates comparison charts that have a zip code field that will yield local search results.

Additional Research - Once you locate the rate you want, you simply have to do some additional research on the CD account and sign up. Some things you may want to consider before signing up with any bank are:

Bank fees. Any hidden fees on the account may reduce the amount of interest you earn in total when the CD matures.

Funding methods. You'll want to look for accounts that can be funded using easy means such as ACH transfer or by routing number.

Access. In case an emergency arises, how long will it take you to withdraw from the CD account? In general, you do not want to be restricted from your funds for more than 2 days.




Now that you understand how to find the best 6 month CD rates in your local area, you should start investing immediately. There's no better way to earn interest risk-free on an investment than with a high CD account rate.

Phi Vo is a personal finance writer for a number of finance and insurance blogs dedicated to helping people save as much money as possible.





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Difference Between IRA and Non-IRA CDs


Without going into lots of detail about IRAs (Individual Retirement Accounts) themselves, they basically are an investment account that grows tax free. You aren't taxed until you take funds out. Traditional IRAs are made from pre-tax contributions and you can't access those funds until you are 59 1/2 or older without paying penalties. There are some exceptions, but I don't want to spend too much time on that. Roth IRA contributions are made after-tax. The account grows tax free, but you can also being to withdraw fund prior to 59 1/2 without penalty. If you wait until after 59 1/2 you aren't taxed.

So back to the difference when it comes to CDs. An IRA CD won't have any tax consequences until you begin to make withdrawals. With a non-IRA CD, you pay regular income taxes on the interest that is earned, regardless of whether you receive it.

For example, let's say you open a $250,000 IRA CD for 3-years and a non-IRA CD at 3.00% APY. Over 3-years both CDs will grow to about $273,195.00. However, you will only have to pay taxes on the non-IRA CD. If you are over 59 1/2, at the end of 3-years you can take $5000 out and only owe taxes on that amount. The remaining funds can be left in the CD for another term. With the non-IRA CD you pay taxes on the full $23,185.00 (and generally you pay taxes when the interest is earned, so you would pay taxes on about $5100 per year). If you are in the 25% tax bracket that will be a cost of about $5800. So the IRA gives you some big tax savings.

An important note, IRAs have yearly contribution limits. You can't just one day decide to create a $100,000 IRA CD. Those funds would have to have been accumulating over the years. SEP and SIMPLE IRAs (used by self-employed and small business owners) have a fairly high yearly contribution limit, but are still limited to a percentage of profits that were reported. Traditional and Roth IRAs have a 2010 Contribution limit of $5000.

The real power of an IRA is the earnings grow tax free. You only pay taxes after you retire and only on what you withdraw. Also, typically when you retire you are in a lower tax bracket so the tax rate at that point would be lower.

I have to leave a disclaimer. We are not tax professionals, so it is always best to consult one if you have questions.




Chris Duncan is a FINRA Registered Representative. He specializes in helping clients find the best and highest CD rates nationwide. His clients include individuals, financial institutions, corporations, and public agencies. Visit us for IRA CD Rates.





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2012年4月19日 星期四

Business Solutions For the 21st Century Include Effective Use of Offshore Banking


In 1970 the sociologist, Alvin Toffler, published a very insightful book, "Future Shock." Mr. Toffler predicted that changes occur in science and technology, popular culture, industry, business, and all other facets of human life. He stated that this is what has happened throughout human history. The problem that Mr. Toffler foresaw is that change is happening faster and faster.

Forty years after Mr. Toffler's book individuals are still trying to learn how to deal with the every increasing rate of change in our lives. Business and investment practices will need to become more and more streamlined. Companies and individuals will need to use and transfer capital more and more effectively in coping with the ever increasing rate of change in the 21st Century. An integral part of coping with change in business will be the effective use of offshore banking, corporations, and other business solutions.

Where Governments are Going and Which Direction Business Needs to Go

As the world comes out of the worst recession since the Great Depression many nations have taken on unheard of amount of debt in order to maintain economic stability and promote employment. Governments are searching for more and more ways to finance the financial bailouts of the last years. This inevitably means going into the pocketbooks of individuals and companies. Taxes, fees, and restrictions loom on the horizon at a time when businesses are typing to cope with Mr. Toffler's future shock, the ever increasing change and competitiveness in the world.

Businesses need new, more effective equipment. As an obvious example, imagine doing business in today's fast paced world with a mechanical adding machine and a dial telephone that connects through a switchboard staffed by dozens of operators. Imagine the constriction of business if modern capital flow were restricted by elimination of the computer, satellite communications, and the like. Imagine the world without modern medicines and life saving technologies.

Now imagine the world to come where competition brings effective products on line ever faster, where workers need to constantly retrain, and where fast transfer of capital will help the wise business person outperform his and her competitors.

The days of just dealing with the home town bank are gone. Individuals and companies dealing with international producers and buyers and international investment opportunities ready access to capital. In the new world the ability to raise more capital in an increasingly effective manner may make the difference between success and absolute failure of a business venture.

Privacy is an Increasingly Rare Commodity

Your company is developing a new product. No one but your top researchers know what you are doing. However, your research project is expensive. The fact that you are transferring large amount of capital becomes known to your competitors. Once they start to look they find out what you are up to and you lose a year or two of lead time on product development. Putting your money where it is private may be a major issue in the 21st Century. Privacy is becoming an increasingly rare commodity. Setting up an offshore company and setting up an offshore bank account for that company is perfectly legal. It is often quite smart too. No one needs to know what you are doing with your hard earned money except you.

Setting up banking and other business operations away from prying eyes can help protect your privacy and your competitive advantage in business. Using the most effective means of transferring capital will likely be an integral part of 21st Century success.

Coping with Change and Creating Change

In his book Toffler talks about how there was a time when a carpenter used the same tools his entire life. In fact, some of his tools may have been his father's. In today's world the tools of the factory, the construction site, the doctor's office, and the business office change constantly. The passive response is to train and retrain employees when necessary. The proactive approach is to create new business solutions and tools, use them and profit by teaching them to the world. This approach goes hand in hand with keeping your in house R&D private, your banking private, and your long term plans your own. Being a step ahead will be the best of all business solutions for the 21st century.

Where You Buy Things, Where You Have Things Made, and Where You Pay from

A huge amount of work is outsourced to Asia. India has built a huge computer software industry based upon doing back office work for the West. China habitually under prices the rest of the world with cheap labor and increasingly effective management. Successful business solutions for the 21st century will need to track where effective technology resides and where products can be most effectively, inexpensively, and safely made.

To take advantage of a world full of opportunity the business person and investor needs to thing globally, perhaps live globally, and certainly bank globally.

Saving Money in the Process

There are tax advantaged locations for off shore banking and there are tax expensive locations for banking. Perhaps you come from such a nation. It is perfectly legal in many jurisdictions to bank offshore, collect interest on your deposits, and not pay taxes until the end of the year. Many businesses with high cash flow can add additional profit from overnight deposits and the like. In an ever more competitive world every pfennig, centavo, and pence will count.

Mr. Toffler talked about people getting ulcers from trying to keep up as the world works at an ever fast pace. Getting a few things to work for you will help you avoid ulcers while competing effectively in this world of future shock. Beside looking a the VOIP phone system for placing phone calls throughout the world consider looking for an effective offshore banking solution in a tax advantaged and private location.




An offshore formations and banking specialist working for several companies regarding offshore structures, formation of companies, foundations, banks and financial institutions.

Working for User Bancorp Ltd, which is providing private and corporate accounts, merchant accounts, offshore companies such as Belize IBC's (International Business Company), Panama corporations and foundations, wire transfer services, managed funds/Forex, credit- debit- and prepaid card issuing.

We also offer co-ownership and shares in different investment programs such as real estate investment in profitable jurisdictions like Panama, Belize and Spain.

Certificate of Deposit/Term Deposit accounts available up to 9 % p.a.

http://www.userbancorp.com

Contact me on e-mail: gary.edwards@userbancorp.com





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Annuities - Are They Better Than CD's Or Not?


Ditch the CD's and go for annuities. After all, annuities are tax deferred, often offer higher rates of return and are better....or are they? That is a question worth pondering.

It seems like everyone all over is recommending an annuity over CD's. Is it really because they are better....I THINK NOT!!!

Now, here is the truth and it shouldn't shock you: the number one reason most advisors recommend annuities over CD's is because they pay better-tremendously better. I am sorry if you disagree but there is absolutely no doubt in my mind that is the reason your banker or whoever would recommend a fixed annuity over a CD...for the most part. CD's barely pay anything. Fixed annuities however, can pay as tremendously more.

Point 1: CD's are NOT tax deferred. Each time you receive interest, you are forced to pay taxes on the interest where with an annuity, the tax is deferred until you decide to cash your annuity in. Score one for the annuity. But wait....some would argue that paying taxes along the way is much cheaper than accumulating a huge tax time bomb years later. That totally depends on your taxable situation but it is worth looking into depending on your individual basis.

Point 2: Annuities are not liquid. If you ever need your money from your annuity, you are forced to pay a pretty heavy penalty relative to a CD (with the exception of principal back guarantee annuities). Your only allowed to access 10% a year in any given year. CD's on the other hand are much more liquid than annuities. They give you much more flexibility when it comes to accessing your money. Score one for the CD.

Point 3: CD's are FDIC insured where annuities aren't. But, annuities are backed by the big insurance company your with. I would have to say that in terms of safety it's almost the toss of a coin if your annuity is held with a solid insurance company.

Point 4: CD's are pretty straight forward. Annuities are very trick. Definitely a point for the CD's here. CD's are so not complicated where as annuities can turn into a nightmare if youget involved with something that is more complicated than you think. Score a big one for the CD here. Easy to understand and that's never a bad thing.

Point 5: Annuities avoid probate. CD's do not. Score one for the annuity but remember that you can always do something called a TOD with your bank account that holds the CD. This stands for 'Transfer on Death' which would avoid probate as well.

FInal Analysis: As always, there is not a clear cut choice. I wanted to uncover these issues for you so that you could see and understand that it's not black and white. There are many things to consider if you are looking into a CD or an annuity. Most importantly, you have to consider what's right for you and your situation.




Fixed annuities provide their advantages but they can be very tricky. To get a more in depth look at a CD vs. annuities, or to learn more about annuities, please visit AnnuityMD.com.

Tony Bahu is author of the controversial book, 'Annuities: The Shocking Truths Revealed.' This book exposes the astonishing truth about annuities that agents and insurance companies DON'T want you to know. To take a more in depth look at the book that has the industry up in arms, please take a look at AnnuityMD.com.





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2012年4月18日 星期三

Best CD Rates - Updated July 2009


In June, the bond market pushed yields up to yearly highs for most terms. The 10-year treasury jumped above 4%. It has since fallen back to 3.50%. The higher rates gave many concern that the housing recovery would be further delayed. With the 10-year back down, that worry seems to be diminishing. However, today the unemployment rate continued to sneak up to 10%. I believe in the state of California it is hovering around 12%.

Additionally, commodities began to move up, especially oil. As a result, gas prices increased to around $2.50 per gallon. In California, they have moved up to 2.95%. Leave it to California. Earlier in the week, California got the A-OK to put even more stringent standards on the books. That is not going to help California's recovery. Now, CAs big budget fight is spilling over to issuing IOUs.

Despite Fed Funds remaining around 0.25%, the bond movement did put upwards pressure on CD rates. For 1-year certificate of deposit rates, we saw an average increase of about 0.15%. On 5-year CDs, the increase was even higher, around 0.25%, and we saw a high of 4.00%. One bank even offered a 10-year at 5.10% (Yes, it would be a good idea to join our list).

The economic news that has been released over the last few days has not been hopeful. As a result, most feel the low Fed Funds rates will linger for some time and we've seen yields falling again. Especially for terms of 2-years or less. But, even some of the longer-rates have decreased. One credit financial institution had a 4.0%, 5-year CD for about 3-months. For July, the interest rate was lowered to 3.50%. At some point, the Fed will have to reverse course and begin |increasing rates. I'm guessing that will be in six to nine months. However, rates will probably increase slowly to avoid stalling the recovery. July 10, 2009 Update - A bank is offering a 2Y at 2.90% APY.

Some of the Mega-banks that received TARP funds have been making requests to pay them back. Would you believe, they don't want the Government looking over their shoulders? Although, I'm a fan of low regulations, I think they need some serious watching over. It really doesn't seem like the banks have learned anything, except that the Big O will rescue them.

Make sure to have some of your money invested in cash instruments for emergencies (ie., savings accounts, money markets). If you are making certificate of deposit investments, make sure they are FDIC insured (banks) or NCUA insured (credit unions). Moreover, checking the soundness of the bank or credit union is a good idea. With so many banks in a troubled state, you don't want to take the time to do a CD and have it closed a short-time later. On July 2, the FDIC closed seven banks and they closed five banks the week prior to that.




Chris Duncan is a FINRA Registered Representative. He specializes in helping clients find the best and highest CD rates nationwide. His clients include individuals, financial institutions, corporations, and public agencies. Come by our CD rates site for some great deals. We will continue to keep you up to date and help you compare CD rates.





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Best CD Rates - August 2010


It is almost August, and CD rates keep on falling (in most instances). And there really isn't much of a light at the end of the table for when rates will turn around. Here are some good picks that I rounded up.

Alliant Federal Credit Union - 1-Year at 1.75%, 18-months at 2.00%, 2-year at 2.25%. They pay interest at maturity only. They also offer these rates for IRAs. Membership is open to everyone through the National PTA. There is a one-time $25 charge.

Already have Alliant, try Fort Knox Federal Credit Union. 14-months at 1.75% and 23-months at 2.30%. They can pay interest monthly if you need the income and also do IRAs. Membership is open to everyone through the American Consumer Council/Kentucky Chapter. It costs $15.00.

If you don't like credit unions and want a bank, try Sallie Mae Bank. They have a 15-month CD at 1.55%. There is an online process to complete to open your CD.

As I noted above, it appears that we will have this low rate environment for quite some time. If you want to hedge against the possibility of lower rates (the longer the Fed holds Fed Funds at 0% to 0.25%, the lower rates will go) then consider a longer-term CD. We have a bank offering a 10-year CD above 3.10% APR with a 90-Day Early Withdrawal Penalty. If you take the penalty and close after 1-year, you would net above 1.90%. After 2-years, it would be above 2.50% and after 3-years above 2.60%. Now, I can't provide the bank information for free on this one, but the calculated rates are net of our fees. Do you see anyone else offering 2.50% for 2-years? The minimum for this is $50,000.

As always, be sure to verify rates, ratings, and FDIC/NCUA insurance with any institution you wish to make a deposit with.




Visit us for the Best CD Rates

Chris Duncan is a FINRA Registered Representative. He works for Jumbo CD Investments, Inc., a leading CD research and placement firm. He specializes in helping clients find the highest CD rates nationwide. His clients include individuals, financial institutions, corporations, and public agencies.





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Easy Methods For Saving More Money


One saves money for various reasons, the most common reasons are for a college education, buying a new car, for a new luxury for your home you wish to acquire in a few months' time, or to prepare yourself for a better retirement when it comes.

Just as there are several reasons for saving, there are also similarly many ways and methods in which one can save money. In most cases, the best saving method is determined by whatever plans you have for the future and how you want to achieve them.



Savings accounts

If you are saving for just a short period or for emergency purposes, you should consider opening a savings account. This method allows to easily easily gain access to your funds

As you probably already know, you can deposit and withdraw money to your account and earn an amount of interest, based on your average daily balance. A minimum balance might be required to be maintained though (depending on the bank's terms and conditions), and you may be charged with a penalty if you fail to maintain it.


Money market insured accounts

For long term goals, this method is the best, as it offers a much higher rate of interest as compared to a regular or standard savings account.

The interest rate usually is dependent on the amount of money in your bank account where larger balance means higher interest.


Checking account with interest

You benefit from checking account conveniences, while your deposits gain interests. Normally these types of accounts will grant you privileges such as check writing and limitless withdrawal. You can access ATM and make bill payments online.


Certificates of Deposit

In this method you are required to "loan" your money to your financial agencies for some time, usually ranging from thirty days up to five years. The longer the time span, the higher interest you gain. Insurance companies may offer better deals on interests compared to banks and other agencies, so before you invest, it is advised that you compare rates first!

If your goal to be achieved is many years away, remember it can be a wiser decision to save money in a certain way that you are not tempted on spending it.




For more information about managing your finances and attain the kind of financial you have always wanted, visit us [http://www.manageyourmoney.info] All information is free.





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2012年4月17日 星期二

Debt Management - Increase Your Available Income


Therefore, for those who want to pursue the above tasks, the following tips will be of great help as they explain different ways of increasing income and reducing outstanding debt.

Your available income is the money you have after taxes and expenses. This variable is of significant importance when it comes to keeping a healthy financial situation. Your available income should let you build saving for whatever projects you have and also keep a well funded emergency savings account so you can face whatever predicament you may run into without being forced to resort to financing through credit cards or loans.

Increasing your Income

As stated above, a simple way of increasing your available income is to increase your income regardless of your expenses. This can be done by getting promoted or obtaining a raise, getting a second job or switching jobs and investing your income or your savings to generate revenues.

All these ways of improving your income work whether you reduce your expense or not as long as you don't increase them in the same rate. Therefore, you need to make sure that whatever decision you make doesn't increase your expenses too unless the income surpasses that spending increment.

Sometimes, in order to get promoted or obtaining a raise you just need to show interest or ask for it. Talk regularly with your bosses if possible to know what they expect and want. That way you will be able to act according to their expectations and desires boosting your chances of getting a raise. If you think that at a particular company there are no prospects of improvement, don't hesitate to switch jobs whenever possible.

Remember however, to let your bosses know if you have received an offer, they may be willing to improve it. Getting a second job may sound dramatic but there are many people that do that in order to obtain more income. It doesn't have to be definite but it should provide with more income for a short period of time and if you use the money wisely you can start reducing the amount of hours you work within a short time frame too.

Investing your income and savings is an excellent idea. There are many investments that pay interests periodically thus providing you with more income each month. For instance, if you are conservative, there are certificate of deposits that can last a year or two but pay interests every month. If you like to take higher risks and expect higher returns, there are investment funds that can provide you with the same benefits and higher rates of return.

Reducing Expenses

The counterpart of increasing your income to increase your available income is the reduction of your expenses. The best way to address this issue is to budget all your expenses and get rid of unnecessary ones. Keep a list of your expenses and do some research as to whether there are cheaper options for the same goods or services. A good example of this is telephone communications.

There are always new promotions providing cheaper communication solutions you can take advantage of thus reducing your spending. By reducing the amount of money you spend each month, you will be able to increase your available income significantly.




Kate Ross has a Master in Finance and has been associated with Poor Credit Loans for many years. She specializes in helping people to get approved for personal loans, debt consolidation programs, home loans, unsecured personal loans, bad credit auto loans, guarantee credit cards among many other financial products. For further information, please visit http://www.speedybadcreditloans.com





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Buying a Property? Check Authenticity Through the Encumbrance Certificate


If you are planning to buy an apartment, house or a piece of land, ensure that is clear of any litigation and that is has a clear and marketable title. How do you do this? All you need to do is check the encumbrance certificate. An encumbrance certificate is a document of evidence for free title and ownership.

Encumbrance is a liability on a particular property where it has been used as a mortgage for debt and has not been released from the liability as on date. An encumbrance certificate contains details of all transactions with regard to a particular property and certifies that there are no legal dues or discrepancies. It can be obtained from the sub-registrar's office where the deed is registered. It is an extract of the register maintained by the sub-registrar. If the particular property is not registered with the registrar, the details, however, will not be recorded in the encumbrance certificate.

An EC is issued for a particular period of time. Any period prior to or following the period mentioned in the certificate will not be covered. It is an important certificate that is required when buying a property, applying for a home loan or taking a loan against a property. Financial institutions and government authorities would usually ask for an encumbrance certificate that is valid anywhere between 13 and 30 years.

All said and done, there are certain property-related transactions that are outside the scope and do not require to be registered under the Registration Act 1908.The property owner need not get the property registered if he deposits the original document in the bank against a mortgage. Another scenario is when the property is given on lease for a period of less than one year. Also, tax liabilities, prior unregistered agreements, oral tenancy, etc. will not be recorded in an encumbrance certificate.

A 'no encumbrance certificate' is a very important document for transactions related to sales and purchase of property. Loans against property are also given after producing this certificate as it would state that the property has not been mortgaged with another lender at the same time.

To obtain a no encumbrance certificate, you need to apply in Form 22 to the Tahsildar with your residential address and stating the need of the certificate. Provide correct information of title, ownership of the property, survey number, address, description of the property with measurements and boundaries, and submitted to the jurisdictional sub-registrar with the requisite fee. The no EC will be issued after a detailed enquiry, provided there are no entries in favour of a person or a legal body.

Encumbrance certificate in Form 15 records sales, lease, mortgage, gift, etc. registered before the registration authorities. On the other hand, the certificate is issued in Form 16 only when there has been no transactions recorded in the period for which the encumbrance certificate is sought.




The leading land developers and builders in India.There are the finest developers for the Bangalore apartments with prestigious projects that delivered supreme value and total satisfaction to each one of our customers.





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2012年4月16日 星期一

A Simple Benefit of Offshore Banking is Seen in Offshore Savings Accounts


A simple aspect of offshore banking is seen in offshore savings accounts. In many tax advantaged locations interest on deposits is not deducted. Although the saver may need to declare savings interest "back home" the ability to let savings compound throughout the year on the untaxed balance will increase the return on your savings.

Interest on a certificate of deposit may be paid quarterly offshore but not be taxable in your home jurisdiction until you return the money to your home jurisdiction. Tax laws will vary from country to country and from offshore jurisdiction to offshore jurisdiction. However, banking in tax advantaged jurisdictions will usually save you money.

If you allow your savings account to accrue over the year and pay taxes "back home" only at year's end you will make a higher compounded rate throughout the year with will in turn accrue over the years ahead of what you would have seen with an account that stayed in your home country.

This same principle can apply to trusts, off shore funds, and investment bonds as well. If you are uncertain about the tax laws in your home country talk to your accountant. If you want to find a stable, trustworthy offshore banking jurisdiction you should talk to an offshore specialists about this.

Offshore funds, trusts, and investment bonds may be treated the same way depending upon your country of origin. In this case interest compounds tax free and is not taxed offshore upon withdrawal which is when the income from the investment vehicle will typically be taxed back home.

These any many other advantages becomes available by going off shore. Then the next question arises, about where and how to invest and save in tax advantaged locations.

Belize Offshore Banking

Opening an offshore bank account in Belize is easy. You do not even need to go to the bank. You can be introduced to a reputable, competent, trustworthy bank in Belize. You can set up your account online and by fax.

Belize has local, Belize banks, and international banks doing business in Belize. An offshore specialist can easily help you with the right banking choice for your needs. The banking guidelines in Belize provide you with unparalleled privacy and security in handling of your accounts and transactions.

In order to open an account in you need only provide your full name and a copy of your driver's license or passport, proof of your address, a utility bill for your address, and a reference from your current bank. Ideally you will need to have had a two year relationship with the bank that provides your reference.

Although the bank will need this information to open an account your personal information is not available to third parties without your knowledge and consent. You can do all of banking with your Belize offshore bank online from anywhere in the world.

Offshore Banking

This simply means that you bank in a country outside of your own. Banking offshore usually offers tax advantages as offshore bank interest is not taxed in the offshore location. Also offshore locations offer confidential, secure and convenient banking with access to your account from anywhere on earth.

These banks allow you to set up your accounts and do all of your banking on the internet. You never need to visit the bank. Many companies offer services and will help you choose a bank offering exceptional privacy and asset protection. Besides the advantages of banking tax free the banks will guard your privacy so that you can do business anywhere in the world without the world looking over your shoulder.

How Is a Belize Bank Account Taxed?

The answer is that a Belize offshore bank account is not taxed in Belize. Depending upon the tax laws in your home country you may have a tax liability there but income from your Belize account is not taxed and not reported to anyone except you.

Interest on money in your Belize offshore bank account is paid without deducting for taxes. Belize banks deal with you and not the government of your country. As such you may or may not have a tax obligation "back home" but that is not the business of your overseas banking partner.

You can bank online and carry a debit card for your account and use it anywhere in the world. You can transfer money in and out of your account in complete security and privacy. Your business is with your bank and their business is with you.

Offshore Trusts

If you would like to put money in trust for your grandchildren consider an offshore trust. Depending upon your tax jurisdiction there may be a substantial tax advantage in going offshore. Depending upon your home country and the offshore location you choose results will vary.

Offshore banks offering trust services in tax advantaged jurisdictions will typically have minimal taxation on trust income. The value of the trust will be allowed to grow and compound unencumbered by the level of taxes you might see "back home." When the trust money is made available to your grandchildren is typically when taxes will be taken out.

Talk to your accountant or tax lawyer about tax laws in your home country. Talk to the specialist about the advantages of offshore banking, trust accounts, and other savings vehicles in tax advantaged locations. Another option instead of a trust is an offshore foundation. Again, good planning with good council will reap the best rewards.

Many people see this as a shady operation and many myths comes alive remembering good old James Bond movies where money is transferred in a split of a second by just pressing a button where the bad guys retreat under the palm trees on some desolate island in the Caribbean ocean, for then moments later being caught by the good guy.

Tax planning and saving for the future is legal. Tax evasion is not. There is a lot in it for a lot of private and corporate individuals. It is a myth that this is only for the high net worth of clients. With the age of internet this has become available to people all around the world. And the offshore banks keeps their doors open, welcoming both you and me.




Gary Edwards

An offshore formations and banking specialist working for several companies regarding offshore structures, formation of companies, foundations, banks and financial institutions.

Working for User Bancorp Ltd, which is providing private and corporate accounts, merchant accounts, offshore companies such as Belize IBC's (International Business Company), Panama corporations and foundations, wire transfer services, managed funds/forex, credit- debit- and prepaid card issuing

http://userbancorp.com

Feel free to contact me by e-mail: gary.edwards@userbancorp.com





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Be Your Own Bank - The Art of Creating Non-Taxable Cash


In times like these, we all need a bigger balance sheet, especially if it will help repair credit and give us future liquidity. If you are struggling to save as most people are today, try borrowing to purchase a Certificate of Deposit (CD). The results will be like a forced savings account with benefits. Let's discuss this interesting concept.

Start by placing money in the bank and borrowing against it - better yet, put as much money as possible in the bank and borrow against it, say $100,000. You might say, "I have no money" and that's OK. Borrow money from a friend for one hour (if possible), place it in the bank, borrow against it and pay your friend back - got that? If you don't have a friend with money, try a community credit union, it should have a Credit Builders program (I helped to create it.) Why, you ask, should I do that Herb? There are six good reasons:

(1): it will give you an instant balance sheet especially if the CD is in your name and the loan is in your business name. In this instance, you will have a contingent liability and your business will have the liability

(2): it forces you to save - every time you make a payment you are amortizing the loan and creating equity for yourself;

(3): it gives you interest on your tax return, once the banks start lending again, it proves to a lender that you are capable of maintaining a savings account;

(4): it could be evidence of liquidity which you may need one day;

(5): if you pay according to the terms of the loan, it increases your credit score;

(6): it gives you an important relationship with the bank which you will need if you are going to be successful in the real estate business and most importantly;

(7): it may allow you act as your own bank, affording you an opportunity to replace the collateral perhaps with real estate and release all or some of the CD as collateral thus, you have just pulled out non-taxable cash! Remember, you do not pay taxes on borrowed funds and it's a lot easier to substitute collateral than to borrow new money nowadays.

It is important that you do not pay too much for this opportunity. The spread between the rate you receive and the rate you pay should be no more than 25% if you have a decent credit score. By way of example, say the bank pays you 4% and you borrow at 5%. A $100,000 loan would therefore cost you net interest of only $1,000 annually the first year. This amount would decrease of course each year as you amortize the loan.

At one point the loan itself would become self amortizing. As you pay the loan down, the principal balance is accruing interest and going up. When the interest on the CD is greater than the interest on the loan, your loan becomes self-amortizing. This could even serve as a retirement account. However, if you use it as a retirement account, your business should be the borrower and you should hold the CD in your name, this way the interest payable may be tax deductible.




Herb Strather "The Master"
http://www.stratheracademy.com





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2012年4月15日 星期日

15 Key Deposition Techniques in a Medical Malpractice Case


QUESTIONS TO ASK THE DEFENDANT DOCTOR

WARNING:

Preparation is the entire key to a doctor's deposition. You must spend countless hours reviewing the entire file, reviewing all the medical records, notes and entries in the chart. You must know and review your theory of liability, causation and damages before you begin to review the file. You must keep track of anything in the chart that will help you in your quest to prove each element of liability, causation and damages.

1. Most lawyers ask the same boring questions at the beginning of every deposition:

a. State your name and address

b. State your qualifications, pedigree, schooling, etc.

Comment: OK, this is fine, but very boring and very expected by defense counsel and the doctor. Mix it up a bit. I advocate never starting a doctor's deposition this way. Why not go right to the heart of the case with the very first question? You can always get the doctor's credentials later or at the end. Besides, the credentials are usually found online or in a curriculum vitae, and don't help except to establish where he went to school and whether he's board certified in any specialty. On more than one occasion the doctor has been disoriented by this approach. They are usually prepared for questions in a lock-step manner and do not expect something so unusual, but legally permissible set of questions right off the bat.

2. Go ahead- ask why they operated on the wrong side of the brain as your first question. "Objection, no foundation," says the defense attorney. "So where does it say in the CPLR I need to lay a foundation question?" Despite this exchange of 'ideas', if you get such an objection, then simply ask:

a. "Didn't you operate on my client on this date?"

b. "Isn't it true you operated on the wrong leg?"

c. "Why?"

3. I always advocate asking the 'why' question at deposition. It is much better to know the reasons why a doctor did or didn't so something now, rather than save the question for trial. At trial, the reason may be devastating to our case, and if so, I want to know about it now. Besides, when you question a doctor at trial, as an adverse witness, you never want to ask a question in which you don't know the answer. If you do, you subject yourself, your client and your case to inherent risks that could jeopardize the case.

4. Make the doctor read his notes into the record. This is important for anyone who is trying to decipher the doctor's handwriting later on. Your expert will definitely need to know whether the scribble is important, and the only way to do that is if the doctor explains, on the record, what his scribble means.

5. Be polite. At all times. You can't imagine how many lawyers don't listen to this recommendation. They think they know it all, are sarcastic, belligerent, annoying, and really annoy everybody in the room. The doctor's attitude in responding changes as well. No longer is the doctor as verbose. No longer does the doctor look like the perpetrator. Rather, he might begin to look like a victim if attacks against him and his credibility are kept up.

6. You can still make all your points without being hostile, angry, yelling or screaming. The old saying 'you get more with honey than with vinegar' speaks volumes. Naturally, you're not going to bend over and sweet talk your way to getting the doctor's admissions about how he screwed up. But, the key is being professional and knowledgeable. You gain more respect from your adversary- (don't worry about respect or lack of it from the doctor) by being respectful than you do if you are antagonistic.

7. There are times when you want to rile the physician. You want to know if you can push his buttons. You want to know how easily it is to rankle his composure. If it's easy to do at deposition, your trial strategy toward this witness just got that much easier.

8. Find out about conversations the doctor had with the patient, family members and other doctors. Remember, conversations are rarely recorded in a hospital record. Make sure you ask the doctor to confirm or deny comments that your client has testified about. Most often, the doctor will claim they no longer recall the conversation. But, if your client does, it's much more possible that the conversation occurred. If the doctor denies making certain comments, then you know you have different facts about the same conversation, and a jury will have to ultimately decide who is telling the truth.

9. Ask whether the doctor has ever had his license to practice medicine suspended and/or revoked.

a. Ask whether their hospital privileges have ever been suspended or provoked.

b. Always ask whether the doctor has given testimony before.

i. Ask whether it was an an expert for plaintiff or defendant

ii. Ask whether they were a treating physician

iii. Ask what type of case it was, and the name of the case

iv. Ask whether they were paid for their time in Court to testify in that matter

10. In New York, in a medical malpractice deposition, you must ask opinion questions. The doctor- as a defendant is required to answer 'expert' questions and give answers about his medical opinions.

a. Do you have an opinion, with a reasonable degree of medical probability whether the treatment rendered to Mrs. X was appropriate and within the standard of care?

b. If you have an opinion, what is that opinion?

c. Confront the doctor with other opinions in the medical community that disagree with his school of thought and ask what he thinks of those opinions.

d. Ask the doctor to admit to certain facts- Here's an example:

i. Isn't it true the patient got Ex-lax at 10 p.m.?

ii. Isn't it true that patients with colon tumors shouldn't get ex-lax?

iii. Are there any circumstances when you would prescribe this medication for a patient who had this tumor?

iv. Would you agree that if the patient got ex-lax at 10 pm that would be a departure from good care?

v. Would you agree that the only reason the patient suffered injury was because she got ex-lax at 10 pm?

vi. Would you agree that had she not gotten the ex-lax at 10 pm, she wouldn't have suffered the bowel perforation?

11. Make sure you rule out other potential causes of injury besides the malpractice that you are claiming occurred here. The reason you do this is to learn the potential defense to your case. The defense will always come up with some explanation as to why your argument is not valid. Better you should learn it during the deposition than to head to trial without knowing what their defense will be.

12. Ask many open ended questions. Ask who/ what/ where/ when/ why/ how. By doing this, you will get the doctor to talk and explain. If the doctor's is going on and on without directly answering the question- and his attorney is letting him- that's ok. Let him keep talking; you might actually get some useful information. When he stops talking simply say "Maybe my question wasn't clear doctor. What I was looking for was....can you answer that question?" Always take the blame if the doctor says the question is not clear. Don't respond to him by asking "What didn't you understand about my English language question?"

13. Ask about medical definitions.

a. What is an endocervical curettage?

b. What is a myocardial infarction?

c. What is hypoxia?

d. Ask whether these definitions are commonly accepted within the medical community, or whether there are other schools of accepted definitions.

14. Ask whether they've reviewed any medical literature or textbooks prior to coming to the deposition.

a. Did you bring any with you?

b. Which ones did you review?

c. What did you learn from the article? Did it support your position here, or was it contrary to your position?

15. Finally, but not last, ask about credentials, schooling, licensing, board certification- but you should already have this information before your deposition when you research the defendant doctor. I always advocate doing a Google search on the physician to see if they've authored anything or if there's anything out there online that's worthwhile knowing. I recently learned from an online search where the defendant doctor was fired from his residency and sued the chairman of his department. Needless to say, this information proved very useful at deposition.

___________________________

There have been many books written about how to conduct depositions. The most important factor about taking a doctor's deposition has, in my opinion, been the experience of the attorney doing the questioning. Anyone can read from a list of prepared questions. It takes an experienced attorney to listen to the answers and know where you want to go and then develop a strategy on how to get there while protecting your client's rights to the best of your ability.




For more information, please feel free to call me, 516-487-8207

Gerry Oginski

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. For more information, call him personally at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on New York Medical Malpractice & accident law.





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Finance Basics: Money Market Funds: Treasury Bill, Commercial Paper, Certificate of Deposit


Some Basic Financial Terms and Definitions

Credit Risk

Credit risk is the risk of default of a security. The higher the risk, the higher the yield of the security has to be to be attractive to investors.

Liquidity

Liquidity is measured according to how easily a security can be converted into cash.

Tax Status

The tax status of an investor matters when investing in securities. The higher the tax bracket of the investor, the more taxes need to be paid on the gains/yield of a security.

Term to Maturity

The term to maturity is a specified term of time (days, months, years) that a security needs to exist to mature.

Call Feature

The call feature is an option that allows the issuer of a bond to buy bonds before the maturity date back, at a specified price.

Conversion Feature

The convertibility clause allows investors to convert bonds into shares of common stock. This is beneficial if the market price of a bond decreases, because an investor will have an additional option of converting the bonds into a specified number of shares of common stock, rather than selling the bonds in the market.

Common Instruments of a Money Market Fund

Treasury Bills

Treasury bills are highly liquid, short-term securities issued by the government to borrow funds from investors. Treasury bills are typically sold through auctioning on a weekly basis; however treasury bills with a one year maturity term are issued monthly. The lowest amount of a treasury bill (par value) is $1000 and thereafter in multiples of $1000 and is sold at a discount rate of the par value whereas at the maturity of the treasury bill, the investor receives the par value and therefore has a profit between the par value and the discount price he/she purchased the treasury bill at. A benefit of treasury bills is that they are free of credit default risk, because they are backed by the government.

Commercial paper

Issued primarily by finance and bank holding companies with a maturity date between one day and 270 days, commercial paper is a short-term debt instrument with a goal to either provide liquidity or finance a company's investment. The minimum amount investment in a commercial paper equals $100,000.

Negotiable certificates of deposit

NCDs are short-term certificates with maturity terms ranging from two weeks to a year with a minimum investment amount of $100,000. Nonfinancial corporations are the most common investors, while individuals rarely invest indirectly invest in NCDs through money market funds. NCDs offer some liquidity.

Repurchase agreements

Repurchase agreements usually amount for $10,000,000 or more with maturity terms between one day and six months and are agreements where one party sells securities to another party with a certain date and price to repurchase the securities specified in the terms of the agreement. Common participants in repurchase agreements are financial and nonfinancial institutions.

Federal Funds

The most common participants in the federal funds market, which allows depository institutions to lend funds from each other at the federal funds rate, are commercial banks. The transactions are usually completed by funds brokers that receive a commission for their service. Common maturity terms of these transactions are between one and seven days with amounts starting at $ 5 million.

Banker's acceptances

Banker's acceptances are slightly credit risky short-term (usually between 30 and 270 days) agreements between (most commonly) exporters and a bank with the bank accepting responsibility for future payment. For this risky agreement (from the bank's perspective) the bank is reimbursed the funds by the importer in addition to a fee.

Municipal Bonds

A municipal bond is a bond issued by the federal government to finance the difference between spending by the government and the revenues they receive. Municipal bonds have a credit risk of default; the level of risk can be measured by the bond rating issued by Standard and Poor's. The minimum amount for a municipal bond equals $5000. The majority of municipal bonds are callable; generally interest is paid out semiannually to investors and the interest gained from municipal bonds is tax-exempt. Secondary markets for municipal bonds can be either active or inactive. Finally, municipal bonds generally offer a lower yield than Treasury bonds.

Over-The-Counter Transactions

Over-The-Counter transactions are completed through a telecommunications network, which means that a stock is traded through a telecommunications network in a market without a trading floor. Over-the-Counter trades do not require the purchase of a seat for the trade, because they are not listed as organized exchanges.




Nicole Elmore
Entrepreneur. Artist. Writer. Business Woman. Friend. Designer. President and CEO of Elmore Marketing.

My Blog: http://myblog.nicoleelmore.com
My Website: http://www.nicoleelmore.com

Providing readers with tips, tricks, deals, and reviews in areas of Lifestyle, Shopping, Deals, Health & Beauty, Business, Travel and More





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2012年4月14日 星期六

Best Tips For the Worst Year


2008 has been a challenging year for everyone. How you position yourself at your job or business and how you position your finances will be crucial for attaining wealth and keeping it. Here are 5 quick planning tips that you can use:

1. Certificate of Deposits currently have higher rates than money market funds. A nice trick is to "ladder" different CDs with different maturity dates so you have access to funds at any time. Check out the latest rates at Bank Rate.

2. Pat yourself on the back if you have 30% or less in losses on your investments. That's right- give yourself a reward. Currently the Dow, and the Nasdaq are down a lot more than that so you would have accomplished what 95% of all active fund managers couldn't do ---beat the market.

3. Review your losses and gains from your statements. Sell some losses and some gains to offset one another. This will result in zero taxation and allow you to rebalance your portfolio to the asset allocation you prefer. It's painless and easy and gives you a fresh start to getting you back in positive territory.

4. Don't repeat mistakes of this past, and don't dwell on them either. Large losses are due to having too much exposure in one asset class or style. Don't do it again. Learn from your mistakes and keep your portfolio diversified across all asset classes and styles- even if you think bonds are boring.

5. Pat yourself on the back for not investing with Bernard Madoff- think of all the rich people that are now poor and remember that you are haven't lost everything. You have a lot to be thankful for. Make a list so you don't ever forget.

Remember that part of being wealthy is having the right mindset. Many people are still bringing in big bucks in salary and investments because they keep their focus on what they want and the action on how to get there. Sounds overwhelming, doesn't it? Start with a large goal and break it down to the specific action for each quarter that you will need to do to get to where you want. Smaller chunks of to do lists are more manageable than large airy fairy goals that you have no idea on how to make happen. Allow yourself to fail too. Goals will change and action plans will change like the wind but the energy to move forward for the better must keep on. Don't get stuck on doing the same thing over and over and not getting the results you desire. Take the leap to change and fail -again and again until something wonderful clicks. Then you will know you are on the right path.

Don't let another day pass without a commitment to your goals and an action plan to get there.




2008c Fern Alix-LaRocca CFP R All Rights Reserved

Interested in more wealth building tips by Fern Alix LaRocca, a fee-only Certified Financial PlannerTM with over 24 years in the industry? Get a free ezine and bonus wealth building report at http://wholeheartedway.com





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Delay Before Starting To Do Stock Market Trading


You have probably heard lots of stories that you can make tons of money from cheap penny stocks or something similar so you thought you would see what it was all about. You probably do not want to be delayed at all and are eager to start investing in the stock exchanges as soon as possible. However, it is a tricky business and I recommend that you do delay a little until you understand it all more.

It is a lot easier to lose money than make it when stock market trading. Sure some lucky whatsits make a fortune in a week but they are very few and very far between. In truth you may have started investing without really realizing it with a bank savings account which is a very safe investment normally, although there have been some mishaps in the past couple of years.

One way to lose spending power on your money for certain though, is to stick it in a tin or put it in the safe at home. Inflation will bite into it and it will not be worth as much in real terms when you try to spend it. At least with the bank they do give you a little interest, albeit a pittance these days plus here is a government based scheme in place too just in case the financial institution gets into trouble.

When you get to the stage of wanting a bit more action with your investments consider the money markets. You will, however, have to commit to a bit longer time period to tie up your money. That is the main difference. A standard time frame is a year or 13 months. They will give you a higher interest rate for making this commitment.

Certificates of Deposit are the next upwards step on the ladder but an even longer period of time is needed for these. A lot of financial institutions offer a higher interest if you invest more money with them. They will do the same if you contract for a longer period as well.

Your intention through these steps is to gradually increase the amount of capital that you have to invest without too much risky. Whilst doing this you get the opportunity to learn all that you can about investing. There is plenty of information on the internet and in the bookstores to help you get a grip of stock trading.

Then, when you actually start real trading, do not get disheartened if you lose a bit on your first couple of trades. You cannot expect to understand everything right from day one.

I put money on the fact that you had several driving lessons when you fist tried to drive a car. You should look at trading in the stock market in exactly the same way. And, just like driving, do not go too fast at first. Gain the confidence slowly and you will be the winner.




With the way that the economy is today I have had to become the money advice expert for our family and would like to share some ideas that I have found.

This one is about being very careful if you are just starting stock market investing without a solid beginners investment strategy.





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