Offshore Company Formation

With our vast business connections and partnerships with tier 1 providers, we can advise companies and individuals in the context of commercial transactions, transfer of securities, intellectual properties, financing transactions and financial instruments or any transaction that requires Escrow agent.

Brief

Escrow agencies serve as neutral third parties. They hold funds, documents, or assets in trust and release them only when all conditions in the escrow agreement are met. While many escrow agencies operate worldwide, only a few prove trustworthy for large-value transactions.

Escrow agencies safeguard money, securities, or documents in segregated escrow accounts. They hold these assets until parties meet all contractual obligations, such as delivering property, shares, or services. They act impartially for all parties and must follow the written escrow instructions exactly, owing fiduciary duties to each party in the escrow arrangement.

Main Tasks

• Receiving and holding assets: They open and manage dedicated escrow or trust accounts. They receive funds, securities, or documents—such as deeds, share certificates, or source code—and keep them secure until release conditions are met.
• Drafting and interpreting escrow instructions: Review the underlying contract (sale agreement, SPA, finance documents) and draft clear escrow instructions specifying triggers, release conditions, timelines, and dispute procedures.
• Compliance and due diligence: Perform KYC/AML checks, ensure regulatory compliance, and maintain proper accounting records and audit trails for all receipts and disbursements.
• Monitoring conditions: They verify that all contractual conditions—such as clear title, service completion, or regulatory approvals—are as per the agreed conditions in the contract.
• Disbursing funds and documents: Release money, securities, or documents strictly according to instructions, pay off liens or creditors if required, and distribute closing funds and final documents to the relevant parties.

Examples of Escrow Transactions

• Real estate: Hold buyer’s money, ensure clear title, coordinate with lenders, prepare closing statements, and send recordable documents for registration before releasing sale proceeds.
• Business sales: They hold the purchase price and ensure all conditions precedent are satisfied. They pay off liens and debts, prorate taxes and rents, and deliver final transaction documents after closing.
• Capital markets / bond escrows: They hold and manage securities or bond proceeds in refunding or financing escrows. They reinvest according to instructions and make payments when bonds are redeemed.

Legal Duties and Risk Management

• Fiduciary duties: Escrow agents must act with care, loyalty, and neutrality, and can be liable if they mishandle funds or fail to follow instructions.
• Controls and regulation: Many jurisdictions require licensing, bonding, audits, and minimum capital; agencies must maintain detailed ledgers, reconciliation, and internal controls to protect client funds.

Our in-depth knowledge, coupled with strong connections to top-tier escrow agencies, enables us to provide escrow advisory services to companies and individuals. We can also control the entire transaction on their behalf.

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Company Formation Advisory

A business or company setup in UAE provides a cost effective, flexible and higher exposure to business growth. In terms of company registration and formation, we specialize in providing tailor-made corporate services and packages for start-ups, medium and large entities. Read more..

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