• Gibraltar Non-Resident Company
• Private Company Limited by Shares
• Company Limited by Guarantee
• The Gibraltar Tax Exempt Company
• The Gibraltar 1992 Company
• Public Company Limited by Shares
• Branch of Overseas Company
• The Qualifying Company
• Protected Cell Company
• Insurance companies
• General Partnership
• Limited Partnership
• Investment Funds
• Foundations
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GIBRALTAR COMPANIES LIMITED BY GUARANTEE
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The Company Limited by Guarantee, and its sibling, the Company Limited by Guarantee and having Shares, have the nature of mutual companies, and as such have normally been used essentially for charitable and non-profit purposes.
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Lately they have come to be used sometimes for private family foundations in place of discretionary trusts. In addition, they have been used for proprietary and members' clubs in the international leisure and timeshare resort industry, where they meet all the requirements of modern EU law.
What is a Gibraltar Company Limited by Guarantee
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The Gibraltar Companies Ordinance does not permit a company to be created in which the members are free from any liability whatsoever, but as an alternative to limiting their contribution to the amount payable for their shares, it enables them to agree that in the event of liquidation they will, if required, subscribe an agreed amount (generally £1 or £5). The Ordinance recognises two forms of company limited by guarantee, namely, the guarantee company without a share capital and the guarantee company with a share capital. The former is the guarantee company in its pure form, whereas the latter is something of a hybrid.
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In the case of a pure guarantee company a member is under no obligation to subscribe up to the amount of his guarantee while the company is a going concern; it is only on the company’s being wound up if a contribution is needed to enable the debts to be met that any liability on the guarantee arises. But in the case of a guarantee company having a share capital member a is under a twofold liability; while the company is a going concern he is liable to pay up to the nominal amount of his shares, and once the company does into liquidation he is liable on the guarantee as in the case of a pure guarantee company.
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