Offshore Companies
New Realities

Offshore companies in 2025 bear little resemblance to the lightly regulated and often opaque entities that once defined the sector. Over the past decade, international pressure from organizations such as the OECD and the EU has reshaped the offshore landscape into a system where compliance, transparency, and demonstrable business activity are the cornerstones of legitimacy. What was once a simple incorporation exercise is now a regulated framework demanding ongoing diligence.
The first wave of change was compliance. Offshore jurisdictions across the world began imposing strict Know Your Customer (KYC) and Anti-Money Laundering (AML) procedures. It is no longer sufficient to submit a handful of documents at incorporation. Today, regulators demand verified proof of identity and residential address for directors and shareholders, detailed explanations of the origin of funds, and even justification for the business purpose of the company. These checks do not end with registration—they continue during annual renewals, banking applications, and whenever the company engages with payment systems or financial service providers.
Closely linked to this is the duty to disclose beneficial ownership information. The move began in the mid-2010s, when one of the first jurisdictions created a beneficial ownership register in 2016. That step set the precedent. Since then, the expectation has spread worldwide: offshore companies must provide regulators with accurate data on who ultimately controls them. While these registers are generally not public, they are available to competent authorities and international regulators, ensuring that corporate anonymity can no longer be used to conceal beneficial owners.
The introduction of Economic Substance Acts was another decisive turning point. Starting in 2019, many jurisdictions were compelled to adopt legislation requiring companies to demonstrate genuine local presence. Substance rules vary but share common features: a company engaged in relevant activities must have local directors or decision-makers, a physical office or facilities in the jurisdiction, documented operating expenditures, and in some cases local staff or service providers. These requirements are not symbolic—they are tested through mandatory reporting to regulatory authorities. Failure to meet substance obligations can lead to fines, loss of tax benefits, or even removal from the corporate register.
Equally important is the obligation to maintain proper financial records. Offshore entities are now expected to keep accurate books of account and file annual financial statements. In some jurisdictions this may take the form of a simplified summary, but where turnover or activity levels are higher, audited financials are required. Non-compliance exposes companies to penalties, reputational risk, and in serious cases, forced dissolution.
Banking has also become more challenging. Many traditional financial institutions, particularly in Europe and Asia, have reduced their exposure to offshore structures. Yet the market has adapted: fintech platforms and neobanks offer international services to small and medium-sized enterprises, while certain banks in other regions continue to accept offshore clients if their structures are transparent and fully documented. Opening an account is still possible, but it requires thoughtful selection of jurisdiction and banking partner, as well as impeccable compliance preparation.
Finally, the global spread of Controlled Foreign Company (CFC) rules has further reduced the appeal of using offshore structures for tax avoidance. Profits earned by an offshore company may still be subject to taxation in the shareholder’s home country, regardless of whether the offshore jurisdiction itself imposes no corporate tax. The result is clear: offshore planning must be integrated with broader international tax strategy, rather than treated as a stand-alone shortcut.
Despite the stricter framework, offshore companies remain relevant and in demand. They continue to be used for holding structures, intellectual property management, asset protection, and cross-border trade. The difference lies in how they must now be organized—based on transparency, substance, and compliance rather than secrecy. In this way, offshore entities retain their role in international business, but only when approached with a clear focus on long-term legal sustainability.
