Nevis LLC Formation
A Nevis LLC is a limited liability company formed under the Nevis Limited Liability Company Ordinance. It suits holders of non-US liquid assets who want a creditor remedy limited to a charging order. Government fees are USD 320 in year one and USD 330 to renew. Nevis publishes no official processing time, so we quote filing steps rather than registry speed.
What is a Nevis LLC?
A Nevis LLC is a separate legal entity formed by filing Articles of Organisation with the Registrar of Companies in Nevis. It is liable for its own debts, and its members are not. The owner is called a member, not a shareholder, and a member can also be the manager.
The governing statute is the Nevis Limited Liability Company Ordinance, Cap. 7.04(N). The principal Ordinance is No. 2 of 2017, in force 1 January 2018, as amended since, most recently by Ordinance No. 2 of 2022, No. 3 of 2023 and No. 4 of 2025. Pages that cite a “1995 Ordinance amended in 2015” are citing a statute that has been replaced, which is a reliable sign the rest of the page is stale.
Three features matter at formation. The company is liable for its own obligations under s.63(1), and members have limited liability under s.63(2). No officers are required, so the management structure is yours to set. There is no minimum capital, and the Ordinance prescribes none, so the company does not have to issue any membership interest to start operating.
Fees verified 7 August 2026.
What a Nevis LLC gives you that a Nevis corporation does not
Both entities cost the same to register. The choice is legal, not financial.
| Nevis LLC | Nevis Business Corporation | |
|---|---|---|
| Statute | Cap. 7.04(N) | Cap. 7.01(N) |
| The owner is called | a member | a shareholder |
| Creditor remedy against the owner's interest | charging order, and only a charging order | ordinary share enforcement |
| Typical use | holding assets, paired with a trust | trading and investment holding |
| Government registration fee | XCD 810 / USD 300 | XCD 810 / USD 300 |
“Nevis IBC” is the colloquial name for the Business Corporation. The registry does not use it.
The identical fee is worth stating plainly, because it removes price from the decision. If you are holding assets and want the charging-order remedy, the LLC is the entity. If you are trading or holding investments in a conventional share structure, the corporation is.
How the charging order actually works
A charging order lets a judgment creditor receive distributions the company chooses to make. It does not give the creditor the interest itself. Section 60 of the Ordinance sets out the mechanics, and the detail is worth reading in the statute rather than in a summary.
| What the Ordinance says | Section |
|---|---|
| A charging order is the only remedy available to a creditor of a member's interest, whether the company has one member or several | s.60(5) |
| There is no foreclosure, seizure, levy or attachment against the interest | s.60(6) |
| No foreign judgment is enforced against the member's interest | s.60(7) |
| A charging order “shall not be construed to constitute a lien on a member's interest” | s.60(10) |
| The creditor cannot interfere in management, liquidate the company, restrict its business or dissolve it | s.60(11) |
| Punitive, exemplary and multiplied damages are excluded from the sum charged | s.60(3) |
| The order is non-renewable and expires three years after the date it is entered | s.60(15) |
Two corrections are worth making because they are repeated everywhere. The order is not a lien, per s.60(10). And the three-year expiry ends the order, not the judgment behind it. A creditor whose judgment is still live can go back and seek a fresh order. Anyone describing the result as permanent protection is describing something the Ordinance does not say.
Section 61 covers dispositions said to defraud a creditor. The creditor must prove, beyond reasonable doubt, both an intent to defraud and that the transfer left the member insolvent (s.61(1)). A disposition is protected if it was made more than two years after the creditor’s cause of action accrued, or if it was made inside that two-year window and the creditor failed to sue within one year of the disposition (s.61(4)). Most pages compress that into “a two-year statute of limitations”, which drops the second limb.
The creditor bond: what the Ordinance actually says
Nearly every page on this subject states that a creditor must post a USD 100,000 bond before suing a Nevis LLC. That figure is real, and it is in the wrong statute.
The LLC Ordinance sets no figure. Section 62(1) requires a creditor to deposit with the Permanent Secretary in the Ministry of Finance “a bond in an amount to be determined by the High Court”, from a financial institution in Nevis. Section 62(2) lets the court increase or vary it later.
The fixed figure comes from the trust statute. Section 61 of the Nevis International Exempt Trust Ordinance, Cap. 7.03(N) requires a creditor to deposit “a bond in the sum of $270,000.00” before bringing proceedings against trust property. The Ordinance defines its own currency in the interpretation clause at s.2: “Dollars” or “$” means Eastern Caribbean Dollars unless expressly stated otherwise in this Ordinance. So the trust bond is XCD 270,000, which is USD 100,000 at the Registry’s own conversion of 2.70 to the dollar.
That also explains a figure you may have seen quoted as USD 270,000. It is the same provision, stated in the local currency instead of the US one. There is one bond rule, not two.
The practical point is not that anyone invented a number. It is that the number belongs to the trust and has been carried across to the LLC. A court-set bond is still a real deterrent to a speculative creditor. It is simply not a fixed figure anyone can quote in advance, and an adviser who quotes one for an LLC is working from the wrong instrument.
What a Nevis LLC costs
The Registry publishes every fee in both currencies. The government half of your cost is fixed and verifiable, and it is set out in Statutory Rule and Order No. 10 of 2024, in force 1 April 2025, and on the Registry’s fee table.
| Government line item | XCD | USD |
|---|---|---|
| Articles of Organisation | 810.00 | 300.00 |
| Certificate of Formation | 54.00 | 20.00 |
| Government total, year one | 864.00 | 320.00 |
| Annual renewal fee | 810.00 | 300.00 |
| Certificate of Renewal | 81.00 | 30.00 |
| Government total, renewal | 891.00 | 330.00 |
| Late penalty, first six months | 540.00 | 200.00 |
| Late penalty, after six months | 1,080.00 | 400.00 |
| Restoration after strike-off | 810.00 | 300.00 |
| Certificate of Good Standing | 135.00 | 50.00 |
| Apostille | 135.00 | 50.00 |
| Transfer of domicile to Nevis | 540.00 | 200.00 |
| Failure to designate a new registered agent | 1,350.00 | 500.00 |
The service half is separate, and we show it separately so you can always see which part the Registry fixes and which part is ours.
| Component | Figure |
|---|---|
| Government fee, year one | USD 320 |
| Registered agent, year one | quoted per engagement |
| Our coordination fee | quoted per engagement |
| All-in first year | quoted per engagement |
| Annual renewal, all-in | quoted per engagement |
Published prices for this engagement vary by roughly five times across the providers who state one at all, from about USD 2,000 to about USD 10,000. None of them publishes the government fee. That is why the two halves are split here: the USD 320 is checkable against the Registry, and anything above it is service.
See the full price list or get a free consultation.
Fees verified 7 August 2026.
What you need to send us
The registered agent files Articles of Organisation on your behalf. Part IV of the Ordinance sets their nine required contents:
- the name of the limited liability company
- an authenticated translation of the name, if it is registered in one
- a statement that the company is formed under the Ordinance
- the latest date on which it dissolves, or that its duration is unlimited
- the name of its registered agent
- its registered office address in Nevis, which is the registered agent's office
- whether managers manage it, or all members do
- the purposes for which it is formed
- the name and address of each organiser
Alongside that, you send the identity pack: a certified copy of each member’s and manager’s passport, a proof of address dated within three months, a bank or professional reference, and a short description of the source of funds and intended activity. Certification means a notary, a lawyer or a regulated professional, not a photocopy.
Two points that vendors often skip. An operating agreement is not mandatory unless the Articles of Organisation require one, though most members want one to fix voting and distributions. And only a licensed registered agent may organise the company, so there is no route that avoids one.
How to open a Nevis LLC, and how long it takes
You send the identity pack and confirm the company name and management structure.
We run compliance checks and reserve the name where you want it held.
The licensed registered agent prepares and files the Articles of Organisation.
The Registrar issues the Certificate of Formation.
We send the corporate pack and calendar your renewal date.
On timing, the honest answer is that Nevis publishes no service standard. Neither the Registry nor the Ordinance states a filing-to-certificate turnaround. Providers on the same search results page variously claim 24 hours, two to five business days, and one to two weeks. We commit to the filing steps we control and do not quote a registry speed nobody publishes.
The renewal rule causes more problems than the formation does. The annual fee is due before the anniversary of your registration date, not on 1 January. Buyers arriving from Cayman or the BVI assume a calendar deadline and miss it. Late, the penalty is USD 200 within the first six months and USD 400 after that. If the company is struck off, it can be restored within three years on application with the outstanding fees and penalties, under s.73 as substituted by Ordinance No. 2 of 2022. After three years, restoration is at the Registrar’s discretion.
What you get
The corporate pack contains the Certificate of Formation, the filed Articles of Organisation, the registered agent and registered office appointment for the first year, the member and manager registers, and a template operating agreement for you or your lawyer to adapt. A Certificate of Good Standing and an apostille are available at the Registry rates in the table above.
Who this suits, and who it does not
It does not suit several situations, and the honest list matters more than the sales case.
It suits
- A holder of non-US liquid assets
- An owner of non-US operating or holding structures
- Anyone who wants the creditor's remedy narrowed to a charging order before any dispute exists
It does not suit you if you need
- Sheltering US real estate: land is governed by the law where it sits, and a US court hears the case whatever wrapper sits above it
- A claim that is already filed or foreseeable: transferring assets after a dispute goes live is the fact pattern section 61 is written for
- Easy banking: banking is harder for Nevis entities than for onshore companies, and every bank runs its own checks
- Ordinary business liability protection alone: a domestic LLC is cheaper and does the job
Single-member structures carry an unresolved risk where enforcement will be fought in a US court. A US court may treat a membership interest as property within its reach regardless of what the Ordinance says. That is an open question rather than a settled rule, and you should take US advice on it before relying on the structure.
US reporting for a Nevis LLC: which form your election decides
Forming in Nevis changes where the company is registered. It does not change what you report at home.
In Nevis. Corporate income tax in St Kitts and Nevis has been 25% since 1 January 2024, announced by the government in December 2023, and the Inland Revenue Department requires a return even if the company had no transactions in the year. The CIT-101 is due three and a half months after the fiscal year end. There is no economic substance regime: St Kitts and Nevis rolled back the offshore exemption regime from 31 December 2018 rather than legislating substance requirements, and the Inland Revenue Department taxes companies under the ordinary corporate regime instead.
That is the Nevis side of the tax position. For the 30 June 2021 exemption rollback, the 25% corporate rate and the FATF/EU list status that apply across every Nevis entity, not only the LLC, see tax in Nevis on the jurisdiction hub.
For a US person, the classification election comes first. Because every member of a Nevis LLC has limited liability under s.63(2), the default US classification under 26 C.F.R. §301.7701-3(b)(2) is an association taxable as a corporation. It is not a disregarded entity by default. That single rule explains why published guidance contradicts itself on which form you file.
| Your election on Form 8832 | What you file annually |
|---|---|
| None, so the default applies | Form 5471, with controlled foreign corporation rules in scope |
| Disregarded entity | Form 8858 |
| Partnership, where there are two or more members | Form 8865 |
On top of that sit the FBAR where your foreign accounts exceed USD 10,000 in aggregate at any point in the year, Form 8938 at its own thresholds, and Form 3520 and Form 3520-A if a foreign trust owns the company.
If you are UK resident, which rule reaches you depends on how you hold it. The controlled foreign company rules in Part 9A TIOPA 2010 attribute profits to a UK-resident chargeable company holding 25% or more, and they never reach an individual. An individual who has moved assets into the structure is reached by the transfer of assets abroad rules in ITA 2007 ss.714-751 instead. Either way the structure does not remove your reporting duty. If you are resident in India, acquiring shares in a foreign entity means remitting under the Liberalised Remittance Scheme and the overseas direct investment rules, both of which report to the Reserve Bank of India through an authorised dealer bank. If you are UAE resident, check whether the company falls inside the 9% federal corporate tax net through its place of effective management.
We are not chasing the UK, Indian or UAE market for this entity, and search demand there is close to zero. These blocks exist because a resident who already holds one has real obligations.
Compliance and record-keeping in Nevis
The recurring obligations are lighter than in most jurisdictions, and lighter is not the same as absent.
Accounting records, including underlying contracts and invoices, must be kept for five years under s.67. Section 67A(4) and (5), added by Ordinance No. 4 of 2025, extends that to records of the company’s name, legal status, registered office and agent, and its operating agreement.
No annual return and no financial statements are filed with the Registrar. The only recurring registry duty is the annual fee. Beneficial ownership is not on a public register: it is held by your licensed registered agent and is available to the competent authorities and to institutions conducting anti-money-laundering due diligence on request. Records are retained for five years.
Nevis LLC compared
| Nevis LLC | Wyoming LLC | Cook Islands trust | |
|---|---|---|---|
| Charging order duration | expires after 3 years (s.60(15)) | no statutory expiry | not applicable |
| Creditor bond | amount set by the High Court (s.62) | none | security for costs, court-set |
| Foreign judgments against the interest | not enforced (s.60(7)) | enforced | not enforced |
| Single member treated the same | yes (s.60(5)) | varies by case law | not applicable |
| Government cost, year one | USD 320 | USD 100 | USD 310 |
A Wyoming LLC is far cheaper and is sufficient for ordinary business liability. If your concern is running a business without personal exposure, form domestically and stop there. Nevis earns its cost only where the charging-order limits and the non-enforcement of foreign judgments are the point.
The paired structure people ask about is a trust that owns the LLC, with the trust holding the membership interest and the LLC holding the assets. That splits control from ownership and puts two statutes between an asset and a creditor. It also doubles the cost and the annual administration. See the Cook Islands International Trust for the trust side, the BVI Business Company for a trading alternative, and compare offshore jurisdictions for the wider set.
Frequently asked questions
- How much does it cost to set up a Nevis LLC?
- The government fee is USD 300 for the Articles of Organisation plus USD 20 for the Certificate of Formation, so USD 320 in year one. Renewal is USD 300 plus a USD 30 Certificate of Renewal. The registered agent fee and our coordination fee are quoted per engagement and sit on top. See the cost table for the full breakdown.
- What are the benefits of forming a Nevis LLC?
- A judgment creditor's only remedy against a member's interest is a charging order (s.60(5)). There is no foreclosure, seizure, levy or attachment (s.60(6)), foreign judgments are not enforced against the interest (s.60(7)), and the order expires after three years (s.60(15)). Read those alongside the limits above: the entity does not protect US real estate and does not help once a claim is live.
- Is Nevis a tax haven?
- Nevis is a low-tax jurisdiction inside a real tax net. Corporate income tax has been 25% since 1 January 2024, a return is required even with no transactions, and there is no economic substance regime to satisfy. You also remain fully reportable where you live.
- Does a creditor really have to post a USD 100,000 bond?
- Not for an LLC. Section 62 of the LLC Ordinance leaves the amount to the High Court and sets no figure. The fixed sum belongs to the trust statute, where NIETO s.61 sets XCD 270,000, which is USD 100,000 at the Registry's conversion rate.
- How long does it take to form a Nevis LLC?
- Nevis publishes no processing standard, so no honest answer is a fixed number of days. Providers claim anything from 24 hours to two weeks. We commit to the filing steps we control.
- What is the difference between a Nevis LLC and a Nevis IBC?
- The LLC has members and a charging-order remedy and is used to hold assets. The Business Corporation, colloquially the IBC, has shareholders and is used for trading and investment holding. The government registration fee is the same for both, so the choice is a legal one.
- Do I have to tell the IRS about my Nevis LLC?
- Yes. Which form depends on the classification election you make on Form 8832. Leaving the default gives you Form 5471 and possible controlled foreign corporation exposure, electing disregarded status gives you Form 8858, and partnership treatment gives you Form 8865. The FBAR and Form 8938 may apply on top.
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You remain responsible for reporting your interest in any foreign company, trust, or account to the tax authority where you are resident.
Prices are current at the verification date. The government half is set by the Registry and can change without notice.
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Fees verified 7 August 2026.