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Archive for June, 2009

PBX phone systems with quality answering services are beneficial for small businesses in that they help them grow and achieve a big business image in a cost-effective manner. Advanced hosted PBX phone systems are more functional and flexible than premise-based PBX systems. Innovative communication features improve business productivity by enhancing customer satisfaction.

PBX phone systems are integrated with advanced communication features including auto attendant, call transfer, call screening, caller ID, call forwarding, direct inward dialing, voice mail, fax mail messaging and many more. The automated attendant can be customized as per unique business communication needs. Users can set custom professional greetings, set multiple extensions separately for employees and departments, provide options such as dial by name or dial by extension and many more.

A PBX phone system integrated with auto attendant answers every business call in a professional manner and ensures you will never miss any business call. Multiple calls can be handled simultaneously through the efficient call routing system. With find me follow me call forwarding, calls can be routed to various alternate numbers and to cell phones. All unattended calls will be forwarded to voice mail or sent to your email. You can control and maintain all phone features via online management interface.

In a virtual communication service, all necessary equipment is owned and managed completely by the service provider. So the small business owner need not worry about installation, maintenance and other hassles. One of the most advantageous features of having quality answering services using PBX phone system is that you have to pay only for the service you use. Businesses can streamline all communications by reducing overall communication costs.

With virtual PBX services, businesses can benefit from professional answering services at an affordable rate. Your local phone number or toll free number can be integrated with PBX features. You can choose the right PBX phone service package that meets your unique business requirements.

Today Panama has become the Switzerland of Latin America. There are 150 banks in Panama many of which have their name on a 40 story modern skyscraper. Panama is often touted as having the best banking secrecy laws in the world. This author believes this to be true and we will address the bank secrecy laws of Panama in depth.

The first important point to look at is the existence of any tax treaties that Panama may be in with any other countries. This is an easy topic since Panama has no tax treaties with any other countries. Tax treaties can be privacy invasive for a banking client. Under some treaties the bank must collect a certain percentage of taxes from interest income paid to the clients and this money is turned over to the client’s home country. Other treaties call for an exchange of information so if a requesting country wanted to gather certain facts about a bank account or if a certain constituent of theirs had a bank account the bank would be obligated to provide the information. The European Union Withholding Tax Treaty is a very relevant treaty.

The next type of treaty one must look at is called the Mutual Legal Assistance Treaty, or MLAT. This treaty allows countries to request information from other countries in the treaty. The general way this type of treaty operates is through diplomatic channels. Panama is in such treaties. The requesting country must have a criminal case on file in the national courts of their country. They would then cite this case already in their criminal courts when the request for information is made. The requesting country would a need to show that the requested information about the Panama bank account is absolutely required to successfully prosecute the case and that the requesting country has no other way to obtain such evidence. Then the request is considered by Panama. Panama may ask for more information. Panama could deny the request on whatever grounds they wish to use. Panama could also decide to conduct their own investigation because they feel that some Panama laws may have been broken and delay the MLAT request until after they have concluded their investigation which may be some years. The statue of limitations could expire before Panama completed their investigation. This is not to say that Panama is in the habit of thwarting requests for information but Panama does have a right to investigate crimes that took place in their jurisdiction. As a result of these investigations they could confiscate assets and prosecute individuals under their own laws.

For the MLAT to take effect the violation in question must be a crime in both the requesting country and the country the information is requested from. Various MLAT treaties have all sorts of details and exceptions and should be read individually if you are seriously interested in a particular treaty. Panama not only has no tax treaties with any other nation but all income tax related offenses in Panama are civil offenses only, not criminal offenses. So tax matters are not a crime in Panama. Thus Panama does not participate in requests for information in tax offenses. Panama does cooperate in certain areas freely. If one acts fraudulently while in the capacity of a fiduciary in a financial relationship Panama will cooperate. Panama also cooperates in cases of narcotics trafficking, money laundering, terrorism and child pornography.

The Panama Bank Secrecy laws are contained in a number of different legal statues. We will go through some of the relevant ones:

The Panama National Banking Commission was formed by Cabinet Decree 238 of July 2, 1970.

Article 74 of Decree 238 deals with protecting the privacy of Panama bank clients. It states that the Commission is prevented from conducting or requesting investigations concerning the banking affairs of any bank clients. Any data obtained by the Commission in the course of its normal regulatory functions may not be revealed to any person or authority, except if subpoenaed in accordance with the legal provisions in force (Panama Court Order required). If a violation of this occurred Article 101 of this Cabinet Decree contains provisions for the dealing of such a violation.

Article 101 of Cabinet Decree 238 states that:

“Any person who furnishes information in violation of this Cabinet Decree, or who violates any of the prohibitions established in it, for which no specific punishment is provided for, shall be subject to a monetary fine as determined by the Banking Commission, without prejudice to applicable criminal and civil liabilities.” This is fairly strong language.

Article 65 of Cabinet Decree 238 deals with how the National Banking Commission may gain access to documents relating to the bank’s operation, not individual records of banking clients. The Banking Commission needs to regulate the banks financially and thus inspect their books but this is mandated to be done on a collective basis, thus the books for the bank as a whole are inspected not the records for an individual account holder at the bank. The Banking Commission may not examine or inspect any type of individual deposit accounts, nor the securities held in custody by the bank for clients, nor the safe deposit boxes belonging to clients and their contents, nor the documents associated with receiving credit from the bank, unless there is a Panama Court Order in place that specifically authorizes such inspection or examination according to Article 89 of the Panama Commercial Code.

Panama statues specify that bank secrecy may be lifted by a Panamanian court through Article 89 of the Commercial Code. This is not a commonly invoked procedure but is possible concerning serious criminal activities.

Articles 168 and 170 of the Panamanian Criminal Code contain two sections which enables criminal prosecution for violation the privacy of Panama banking clients:

Article 168. Any person that is in legitimate possession of correspondence, records or documents which are not intended for public knowledge and notwithstanding discloses said correspondence, records or document without proper authorization, even in the event that they were addressed to him, shall be subject to prosecution, whenever such disclosure might inflict damage.

Article 170. Any person that in the course of his occupation, employment, profession or activity obtains knowledge of confidential information that in the event of being made public could inflict damages, and such person discloses that information without the consent of the concerned party; or in the case that disclosure of such information were not necessary to safeguard a higher interest, shall be punishable by imprisonment of 10 months to 2 years or a comparable fine, and the inability to practice his occupation, employment, profession or activity for not more than 2 years. One can readily discern that this would cover Panama Stock Brokers, and Panama Banks including all the employees and officers. This could also be construed to cover Directors of Panama Anonymous Bearer Share Corporations and Council Members of Anonymous Panama Private Interest Foundations.

Panama has done away with numbered bank accounts as have the rest of the offshore tax haven jurisdictions. This is due to pressure from FATF, the Financial Action Task Force. FATF is a private entity that unofficially dictates anti-money laundering statues to the banks worldwide. Numbered accounts are no longer allowed.

Panama through the use of anonymous Bearer Share Corporations accomplishes practically the same privacy as the old numbered bank account. The banks around the world including those in Panama must know who their customers are. This usually means getting identity documents such as passports, driver’s licenses, national identity cards, and letters of reference from banks and businesses. The Panama Bearer Share Corporation is anonymous in that there is no reporting or recording of any stock ownership records in any registry or database thus it is impossible to determine who the natural pe
rsons are behind the corporate veil. This means when international wire transfers are sent only the name of the anonymous corporation appears in the wire, the true owner of the account is not revealed for the world to see same as it was when numbered bank accounts were allowed. With regards to writing checks the same applies assuming the signatory signs the check in a hard to read manner. To provide for more privacy Panama only allows an attorney to form a corporation or foundation. This cloaks the formation of the corporation with Panama attorney client privilege further protecting the owners of the corporation or foundation with an additional layer of privacy. In most tax haven jurisdictions the formation of a corporation handled by a corporate agent which does not provide privileged communication to protect the identity of the person owning the corporation.

One can readily see why Panama has become the new Switzerland of Latin America.

For more information, please visit:

http://www.panamalaw.org

email at: panamalegal@hush.com

 

 

 

MARRIAGE: Caring Enough To Listen=Communication

(Part I)  

When God created marriage he intended for it to be beautiful. It was designed for companionship. Marriage was not meant to seem like a sentence. It was not meant to be full of on going drudgery. Nor was it meant to neither suffocate, smother, nor repress each others unique individuality. It was made so the realization of “two becoming one flesh” could be realized.  It was meant to help mature and grow a man/woman in a husband/wife relationship. To learn how to love, submit, commit, respect, and learn together what it means to work through and out of difficulties as well as enjoy great experiences within the confines of a committed relationship.  Having healthy good communication is an important component within a good marriage.  I want to encourage you to make it a priority to learn how to effectively communicate to one another.  To know where one another are, to consider each others opinions, to be objective and express your self freely. It is important to make a conscious effort to treat your partner with respect. This does not mean that you have to agree on everything. This communicates I care enough to take the time to really get to know you.  Having each others best interest at heart is also important.  You should also be able to express your concerns if you feel they may be making a wrong decision.  When expressing yourself say “I feel” or “I think” in expressing your point of view. You also want to learn to admit when you are in error.  No one is right all the time.  Part of being a good spouse is saying and doing at times what no one else will. You both have a responsibility to fulfill your commitment to one another as well as to the Lord. 

 

Marriage was really designed as a partnership to help you become all that you were meant to be.  Many couples often live as strangers. Within the boundaries of marriage you should grow to be able to spiritually, mentally, emotionally and yes physically openly learn to express your deepest inner thoughts in a healthy way.  It is important to really get to know this person you have committed to.  Ask yourself do you honor God in your relationship? Is submission a part of your marriage?  It is important to include and seek the Lord’s direction and trust Him to teach you how to build a healthy relationship.  It is never too late to start if you have not already. Does your marriage include intimacy? God our Creator is a God of order.  You should never get to the place where you think you do not need to consult the Lord. 

 

God made the heavens and the earth which were spoken into existence through His Word. The Word became flesh and “dwelt among us”. The Word as revealed in the scriptures tells us He is Jesus Christ. (See John 1)  After creating the man from the dust of the earth God took the man He had created and placed him in the garden to take care of it.   The one thing that Adam did not have was a companion “a suitable helper.”  All the animals that God made already had partners. No doubt that Adam was brilliantly intelligent. Adam personally named all the animals. God caused Adam to go into a deep sleep and from within Adam He took one of His rib bones and made him a woman.  She was taken from within Adam to be with Him as his God given partner.  Someone to share his life with.  Adam named her Eve. Initially they were open and not ashamed. They were even physically naked.  It was not until after they had disobeyed God that they actually realized they were naked.  (See the rest of the story in Genesis) 

 

We are all naked before God. He knows us from the inside out. God is Omniscient meaning all knowing.  There is absolutely nothing He does not know. Think about it for a moment, does not our Creator/ Manufacturer know our intended purpose? So why is it we do not consult Him whenever a problem, situation or issue arises?  You listen to everyone else? God did not intend for us to look to the world for a marriage model.  This is one of the major reasons why nearly 60% of marriages don’t succeed.  I have been observing marriage relational dynamics for many years. No two marriages are alike. We are all very different.  But God’s principles must be included if you really want your relationship to succeed.

 

One of the biggest problems in marriage or any other relationship really is poor communication.   To communicate means to convey a thought, idea or relay information clearly. To transport information so that it is satisfactorily received or understood.  Listening is crucial; it is a necessary component when one desires to effectively communicate.  Communication is both verbal and nonverbal. Good healthy communication manifests when you are able to openly connect with who ever you are trying to communicate to.

 

Many problems and issues arise, when the time is not taken to communicate directly to each other this only further compacts the situation.  If you have not taken the time to develop intimate communication with your spouse now is the time to get started. How do I do this?  Stop hiding behind issues and past hurts.  Get over them. Stop hanging on to the things that you cannot change. This does not mean that you forget.  It means that you no longer hold whatever has happened against them.  You instead choose to become wiser from whatever has transpired.  When past issues become current issues what do you do?  You must deal with them. Don’t allow too much time to go by.

 

Confrontation in marriage is important.  Otherwise the issue will become cancerous and nibble at the core of your relationship. The marital relationship was really designed to encourage transparency.  This encourages and develops trust and intimacy. Intimacy will give you a responsible freedom because you are able to trust one another. It is really important to pray for as well as with one another. In many cases there have been such poor marriage role models that you simply do not know what to do.  Many people who are married are lonely. This really does not have to be. Don’t settle for a superficial relationship that is on for public view.  Think about it God is always present! Learn to live on a deeper level.  Learn to become sensitive to one another’s needs. Your needs are important but not to the extent that you overlook the needs of your spouse. Some needs have exclusively been reserved to be met only within marriage. This does not mean that you can, nor are you responsible for the fulfillment of all of their needs. 

 

Don’t just assume that your spouse knows something, or is happy or….. Many have just not learned the benefits of being open in marriage.  (This is not at all the same as having an open marriage.  In that case why marry at all?)  It takes time to develop and build effective communication.  How well do you really know this person you have committed to? Being open is the catalyst that ajars the door for developing effective communication.  One must learn to listen as well, in order to effectively communicate. Don’t think short term, think long term. Get to know this person that you have committed to love, honor and ……..   Or was that too just for the people? Don’t always mentally construct your response or rebuttal as you listen.  Let it be your goal to attentively listen to whatever your spouse or anyone is trying to convey to you. If you are really interested in improving your relationship you must also learn how to listen. Taki
ng the time to listen attentively to how your spouse feels validates that you care, value and are genuinely concerned about them. This helps them to open up. Remember, God intended for your spouse to be your “helpmeet”.  Listening effectively is an art.  The next time you talk to them really listen. Check yourself out and see how well you listen?  If necessary repeat what they have said to confirm you heard correctly what they were trying to convey.  Don’t always personalize everything they say.  This will help you dispel erroneous and distorted conclusions or assumptions.  Effective listening says you really want to hear what is being conveyed.

 

A good strong marriage or any other relationship for that matter consists of good communication. You do not have to agree with what is being conveyed.  Sometimes just being a sounding board is necessary.   You want to create an environment in which you do not have to feel like you are walking on egg shells. A major complaint in marriage is that my spouse does not understand me.  Do you understand your spouse?  Don’t make it a habit of always waiting until you are angry to fuel your ability to say how you feel. Plan ahead a time when you together can talk about whatever concerns you.  Here is the opportunity to acquire some self-control skills. Think about it. Flying off the handle is really letting someone control you by remote. In this case your emotions only get the best of you and you impulsively say a lot of stuff that you can’t take back.  You have actually stored it up, and bottled it up, to the point that it has fermented and become toxic. When this is the case it often results in flaring hot tempers which just usually yields more hurt feelings.  If this is the case change is necessary in order to develop a healthier way to communicate.

 

The scriptures tell us “to be angry and sin not.” God does not tell us to do something that is not possible. Think about it now that you are calm and centered.  Your feelings are important; they do need to be validated.  Exercising self control strengthens your ability to not let your feelings control you. You should really want to create an environment where both of you can openly share how you feel.  You also want to be able to freely express yourself even when you don’t agree about something.  When you are always usually fueled by anger to express yourself it often leads to a breakdown or barrier in the relationship. Please don’t use that “nobody’s perfect” excuse to justify your ranting and ravings.  Self control is a virtue.  This does not mean that you stuff how you feel and just let any and everyone walk over you.  It means that the majority of the time you choose to decide how you want to respond or not respond or simply just overlook.  Rather than to just simply react. Don’t make everything an issue. Just observe what happens when and if you go off.  Does it get the results you want? Do you really feel better?  Or in fact have you just created another barrier? Sometimes no one wants to confront you and tell you if this is the way you are… Confrontation is a healthy part of communication.  Constructive criticism really is a good thing. Getting the Lord involved always helps. He is always there.  But you are given the free will to choose.  You build self control as you exercise it in your life. This also helps to foster an environment in which you can build a healthier stronger marriage. Don’t ever take one another for granted.  If you have; change it.  You do not have to continue to live with dysfunction. The correct way to point the finger is in both directions. The good thing about God it’s never too late to change. Are you happy with the way that you communicate with your spouse? Is there room for improvement?  Take some time and think about it?  There is always room for improvement. Don’t let pride take the forefront in your relationship.