Structure Advice for Saas Business that may get sued

Vince

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May 30, 2018
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We are releasing a Saas service that is all legal everywhere in the World, but may be used by our customers to break the Terms of Service of very big companies, which makes it grey hat.

Normally I wouldn't even look at offshore, except we are talking about billion dollar companies, and one in particular (FB) tends to try to bully this type of business with legal threats, because they know small companies cannot afford litigation, which has led to several similar businesses having been forced to shut down in the past.

Therefore, I am hoping to find a structure can keep the business running even if we do get sued and that protects my identity to the max extent.

Since US court orders and subpoenas are not recognized in most offshore jurisdictions, what a Belize lawyer advised me to do is to open several IBCs in various jurisdictions, and if they go after one legally in that country, just close it and start processing payments with another, change domain and brand name if needed.

So it'll become a game of cat and mouse which is fine by me as long as they can't get to me personally.
I think however reading through these forums there could be better structures especially to protect privacy.

Current Details:

I'm a EU citizen. My business partner is US citizen but we fully trust each other so its fine if only one of us owns the company officially.
I currently have a Belize IBC, US LLC and EU company.


What we need to operate the Saas business:

- Subscription Processor: Something like 2CO (I heard in this forum that they dont support Belize and other offshore jurisdictions, but their site says otherwise: Global Payment Processing | 2Checkout )
- Invoicing Solution: would be nice if we could invoice from a different company than the one associated with the business accounts we receive payments to.
- Safe business bank account to keep assets and keep reinvesting them into the business, must provide debit cards, paypal would be nice
- Domain and hosting that cannot be seized and cannot lead to us personally.
- limited to no accounting like Belize would be extremely valuable since we use a lot of services that don't really provide receipts.

My first idea upon reading the forum for a few hours is:

-Opening several IBCs with darks
-Open bank accounts and get payment processing for these IBCs
-Open another "official" IBC and bank account to transfer the money from these "darks IBCs" in case one of them gets sued.
-In case its not possible to get merchant accounts with available jurisdictions/darks, another laywer suggested me to open a US or UK LLC owned by one of the IBCs. (or can transfer ownership to the IBC after merchant accounts approval), but I'm not sure if this would kill the privacy.

My questions:

1- Do you have better suggestions regarding the structure?
2- Darks or no darks?
3 - Which jurisdiction should I be looking at? and what countries to bank safely?
4- Suggestions for subscription billing and invoicing solution?


Many thanks for any help!
 
Vince said:
Since US court orders and subpoenas are not recognized in most offshore jurisdictions, what a Belize lawyer advised me to do is to open several IBCs in various jurisdictions, and if they go after one legally in that country, just close it and start processing payments with another, change domain and brand name if needed.
Click to expand...
this may work very well for you.. how do you consider to setup this company / companies? in your personal name or using darks?

Do you have a payment processor that accept Belize companies? so far I have not read about any at all, I would be thankful if you post the one that accept it.

Vince said:
- Subscription Processor: Something like 2CO (I heard in this forum that they dont support Belize and other offshore jurisdictions, but their site says otherwise: Global Payment Processing | 2Checkout )
Click to expand...
none of them support Belize, you need to setup a UK, Cyprus or other corp for this purpose!
Vince said:
-Opening several IBCs with darks
Click to expand...
that will works, forget the above answer then.

Vince said:
3 - Which jurisdiction should I be looking at? and what countries to bank safely?
Click to expand...
You want to use real darks, setup a UK company with banking in Cyprus if that will work for Stripe or any other payment processor that is NOT 2co.

Otherwise:
Setup a Cyprus company with Cyprus bank account with real darks and use the payment processors around in the EU.

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Thanks, any other input?

Anyone has any thoughts about a US (or UK if that is possible) business 100% owned by an IBC?

That was the suggestion of an american lawyer that is familiar with Belize law. It would make things a lot easier, but not sure how bad that would compromise privacy.
 
Belize provides the best privacy from the so called offshore jurisdictions left. So if your American lawyer has recommend you to go that route I would do that. In regards to privacy you are best protcted in Belize with nominees.
 
Just to chip in about the hosting use an offshore hosting like these abelohost & shinjiru hosting and use any details and pay via bitcoin from say a free Electrum wallet and not a broker wallet such as Coinbase. abelohost & shinjiru hosting are the best for hosting and privacy imo and also don't care about DMCA requests etc.

Also use domains4bitcoins or even better njal.la (owned by pirate bay co-founder best security). For invoicing maybe best to use the free invoicing platform called invoice ninja self hosted and not through their website.
 
NewMorty said:
Just to chip in about the hosting use an offshore hosting like these abelohost & shinjiru hosting and use any details and pay via bitcoin from say a free Electrum wallet and not a broker wallet such as Coinbase. abelohost & shinjiru hosting are the best for hosting and privacy imo and also don't care about DMCA requests etc.

Also use domains4bitcoins or even better njal.la (owned by pirate bay co-founder best security). For invoicing maybe best to use the free invoicing platform called invoice ninja self hosted and not through their website.
Click to expand...

thanks for the tips!

do you have any suggestion regarding the payment processor? Would really prefer to not sure an american payment processor as they will much more easily be subpoenaed
 
I'm having this issue now as well. I would use voguepay with the Belize company there are Nigerian but work quite well and have offices in London as well. I know some sites pushing A LOT through it even in a gray area. I'm looking to join soon once I have the offshore IBC sorted as they want to see the M&A etc. I also they will do a £15 business check as well to verify your business.

There is also 2checkout as well but they wanted a lot of info when I tried but can use darks I guess. Also, check out interkassa they are similar to vougepay and again I know some sites pushing A LOT through them as well.
 

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