Financial services can only be offered
to members and such financial services are normally
restricted to the accepting of deposits and the making
of loans to its members. In other words it would typically
be expected to operate as a traditional savings and
loan institution with the capitalization originating
through member “contributions”.
However, it is feasible that such an entity could also
issue guarantees (c.d’s for example) as well
as other financial instruments that could provide
the leverage and capitalization to launch other additional
off-balance sheet business and investment activities.
The Economic Association is exempted from any license
or registration requirements if these "financial
services are offered to a group of entrepreneurs with
a common financial interest". These “entrepreneurs” or
potential members therefore should belong to a private
closed group with a common interest who would become
members of the credit union. It is not a suitable entity
for offering any type of financial service to the general
public. If services are offered to the general public
it would be required to register with the Swedish Financial
Services Authority, Finansinspektionen (FI) in accordance
with the Deposit Taking Act. This Act limits the maximum
deposit per customer to SEK 50,000.00 (approximately
USD 7,000.00). Since a CU registered with FI
would not be attractive for most people, we always
recommend that the CU be set up in such a way so as
to not be subject to the requirements of the Deposit
Taking Act which means not marketing to and accepting
deposits from the general public.
The name of the entity cannot include the word "bank",
but names including "Credit Union", “Savings” or "Savings & Loan", “Building
Society”, "Sparkassa" etc. are all
allowed. Members can be of any nationality. Directors
(minimum 3) can also be of any nationality, although
at least 50% of the board of directors must be technically
residents of the European Union (although in practice
an EU mailing address would suffice since there are
no residency checks or tests made by the Swedish registration
authority).
Main Advantages
1. This entity is registered in Sweden, a full European
Union member and a highly respected jurisdiction.
2. There is no annual license fee to pay, since the
entity is exempted from license requirement.
3. There are no qualification or paid up capital
requirements since capital is derived from member
contributions..
Main Disadvantages
1. High tax levels. Sweden is obviously not
a tax haven, and the association would have to pay
30% tax on any reported profit. One way around this
is to use this entity together with a Panamanian
licensed payment processing company or other offshore
vehicle, in order to accumulate profits in Panama
or another offshore jurisdiction rather than in Sweden.
(This company could also offer payment services like
e-currency and credit/debit card services to the
credit union members, or be a lending and investment
arm).
2. The finansinspektionen are strict in their enforcement
of the narrowly defined deposit taking and lending
services allowed by an ekonomisk forening. For instance
a website for such an entity that appears to be offering
banking and investment types of services similar to
that of a bank will attract their attention quickly
with the requirement of either applying for a banking
license or drastically modifying the activity. Any
credit unions not able to meet the stringent requirements
and paid-in capital requirements (with its resulting
regulatory burden) of a Swedish banking license would
be required to immediately cease and desist all offending
activities or face the consequence of the credit union
being forcibly dissolved and possibly face other legal
action.
Our Guidance and Recommendations
Based on our collective experience in forming and
operating such entities since 1999, we have found that
one of the best applications for this credit union
is for the offering of financial services to a pre-
existing client/membership base. This avoids the whole
problem attendant to soliciting for members via a website
(and being constrained by the very narrow definition
of what can be offered as a result), since the whole
principal that the Swedish law on economic associations
is founded is that it presumes members will share certain
pre-existing common economic interests that tie them
together in some way.
For setting up “correspondent” accounts for Credit Unions we do not
recommend banks in Sweden, due to their general money laundering paranoia plus
the possibility of tax complications in a high tax country resulting from deposits
flowing through such an account. However, we can recommend some very good banks
in the Baltic States (the largest of whom are majority owned by Swedish banks)
as well as in Denmark. All these countries tend to offer better banking privacy
and more flexible multi-currency operations. In
general these banks will have to be visited in person.
However, through a special arrangement with a multi-national
South-East Asian owned bank in Central Europe, we can
offer a full service EUR/USD account with no reference
letter requirements and no personal visit required.
This bank is a SWIFT member and offers a complete package
of business banking services. As far as we know we
are the only company offering a guaranteed bank account
opening rather then simply an account with a non-bank
wire payment service. This
is important because many people have come to us who have been unsuccessful in
finding an account for their credit union.
We can offer a number of very competitively priced
packages including the optional combination of a licensed
Panama financial services company, as well as assistance
in opening up correspondent bank accounts, debit card
options and online banking software resources.
Assistance with compliance and operations are also
offered. This might include responding to Swedish tax
office requests, the establishment of an office, virtual
or otherwise in Sweden and the provision of nominee
directors.
Summary of what we offer:
CU registration certificates and by-laws in Swedish
and English
All registration documents are legalized with apostille
and two sets are provided.
Certificate of authorized activities
Two copies of this document are included in the above
mentioned documents and it certifies the exemption
from the bank license requirement and can be helpful
in bank account openings.
Guaranteed bank account opening with Central European
Bank
Not just a wire clearing service but a
fully functional correspondent bank account with
IBAN and SWIFT/BIC with accounts in major currencies
such as EUR and USD. No
reference letters or personal visit are required
for this service.
Debit card issuing
Generic or private label card programs available
on your own merchant loading platform. Minimum order for generic is 1000 cards for a total start up
cost depending on the issuing bank (a number of options are available) of around
$10,000 to $15,000. Private label programs require a minimum order of 5000. Per
card cost at this volume level can be as low as $5 per card depending on the
bank. European banks are more expensive then
their counterparts in the Americas because of the
devaluation of the USD but usually offer more currency
options.
Online banking software
Offer online banking to your customers in a secure
environment with a fully integrated multi-currency
back office accounting system. This can be
purchased outright or can be leased on a turn key
server platform for a very modest monthly fee. For
more information on this powerful software click
here.
Document Requirements
Directors must provide photocopies of government issued
photo ID. Half or more of the directors must provide
a European Union mailing address including that of the
managing director who will be considered to be the main
decision maker.
There are no other document requirements beyond this.
All final documents which includes certification of
its deposit taking status and articles of association
are delivered within about 6 weeks and come with certified
and apostilled English translations to make it easy
to open non-Swedish bank accounts.
Payment terms are 50% up front and 50% upon completion
of the registration procedure where scanned copies
of the main legal documents will be sent.
Note that we usually have available unused “shelf” credit unions
available for immediate use.
Other Options
Please contact
us if you are interested in us if
you are interested in setting up a financial institution
with less restrictions. Please see our bank
incorporation services page for further information first of all however. All real bank
licenses in credible jurisdictions require substantial paid in capital and a
physical operation with at least one officer of the bank who is locally based.
Other non-bank options include the Uruguay SAFI which can offer all manner of treasury management, investments and financial transactions on behalf of third parties. This is a good inexpensive stepping stone option perhaps.
The last option is the unregulated New Zealand Offshore Financial Company which offers a good alternative to the Swedish Credit Union. For a long time we did not offer this because of how hard it can be to open bank accounts for it. However, we now have strong banking options in both New Zealand and the EU which is allowing us to once again offer this option.. |