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2014
TORNARITIS LAW FIRM LLC
www.tornaritislaw.com
Information on the Cyprus Naturalization Scheme
2
This document includes the following information:
1. Council of Ministers Decision dated 19.3.2014
2. Scheme for Naturalization by Exception of Investors in Cyprus
3. Scheme for Naturalization by Exception of Investors in Cyprus- Family
Members
4. Frequently Asked Questions (FAQs)
5. Contact for More Information
Criton Tornaritis
TORNARITIS LAW FIRM
16 Stasikratous
Nicosia 1065 - Cyprus
criton@tornaritislaw.com
http://www.tornaritislaw.com
Tel: +357 22456056
Fax: +357 22664056
3
Council of Ministers Decision dated 19.3.2014
Scheme for Naturalization of Investors In Cyprus By Exception
on the basis of subsection (2) of section 111A
of the Civil Registry Laws of 2002-2013
A non-Cypriot citizen, who meets one of the following economic criteria
(A), either personally or through a company/ companies in which he/ she
participates as a shareholder - proportionally based on the percentage of
participation, or even as a high-ranking senior manager of a company/
companies that meets one of economic criteria (A), may apply for the
acquisition of the Cypriot citizenship through Naturalization by exception.
A high-ranking senior manager may apply, provided that he/she receives
such a remuneration that generates for the Republic tax revenue of at
least €100,000 for a three year period and provided that this tax has
already been paid or prepaid.
The applicant should have concluded the necessary investments during
the three years preceding the date of the application and must retain the
said investments for a period of at least three years since the date of the
Naturalization.
In addition, the applicant must fulfill the Terms and Conditions set out in
Part B.
In the case where, following a periodic inspection, it has been ascertained
that any condition is being circumvented, the Naturalization may be
revoked.
Α. CRITERIA
Α.1 Investment in government bonds:
The applicant must have purchased state bonds of the Republic of Cyprus
of at least €5,0 million.
or
Α.2 Investment in financial assets of Cypriot companies or Cypriot
organizations:
The applicant must have purchased financial assets of Cypriot companies
or Cypriot organizations (bonds/ securities/ debentures registered and
issued in the Republic of Cyprus) of at least €5,0 million.
It is noted that these financial assets can be purchased either at issuance,
or subsequently by the market.
or
4
Α.3 Investment in real estate, land development and
infrastructure projects:
The applicant must have made an investment of at least € 5,0 million for
the purchase or construction of buildings or for the construction of other
land development projects (residential or commercial developments,
developments in the tourism sector or other infrastructure projects).
or
Α.4 Purchase or creation or participation in Cypriot businesses or
companies:
The applicant must have made an investment of at least € 5,0 million in
the purchase, creation or participation in businesses or companies, that
are based and operating in the Republic. These businesses or companies
should evidently have a tangible presence in Cyprus and employ at least
five (5) Cypriot citizens.
It is noted that the mandatory conversion of deposits into shares is
included in this criterion.
or
Α.5 Deposits in Cypriot banks:
The applicant must have personal fixed term deposits for three years in
Cypriot banks or deposits of privately owned companies or trusts (in
which he/she is the beneficiary owner) in the Republic of Cyprus of at
least €5,0 million
or
Α.6 Combination of the aforementioned criteria Α.1 (Investment in
government bonds), Α.2 (Investment in financial assets of Cypriot
companies or organizations), Α.3 (Investment in real estate, land
development and infrastructure projects), Α.4 (Purchase or creation or
participation in Cypriot businesses or companies) και Α.5 (Deposits in
Cypriot banks):
The applicant is required to have a combination of the above amounting to
at least €5,0 million.
or
Α.7 Persons whose deposits with the Popular Bank Public Company Ltd
have been impaired due to the measures implemented after the 15th
March 2013:
The applicant has incurred an impairment in deposits amounting to a total
of at least €3,0 million.
5
In the case where the applicant has incurred an impairment in his/her
deposits under €3,0 million he/she may apply, having made an additional
investment through the criteria A.1 (Investment in Government bonds),
A.2 (Investment in financial assets of Cypriot companies or Cypriot
organizations), A3 (Investment in real estate, land development or
infrastructure projects), A.4 (Purchase or creation or participation in
Cypriot businesses and companies) and A.5 (Deposits in Cypriot Banks)
for the balance of the required amount of the aforementioned criteria.
or
Α.8 Major Collective Investments:
The Council of Ministers shall have the right on special occasions, to
reduce the above criteria (Α.1 (Investment in Government Bonds), Α.2
(Investment in financial assets of Cypriot companies or Cypriot
organizations), Α.3 (Investment in real estate, land development or
infrastructure projects) and Α.4 (Purchase or creation or participation in
Cypriot businesses and companies):
I. To €2,5 millions for investors, who demonstrably participate in a
special collective investment scheme, provided that the total value
of the investment is at least €12,5 millions.
II. To €2,0 millions for investors who demonstrably participate in a
special collective investment scheme, provided that the total value
of the investment is more than €12.5 millions. It is noted that this
present provision (I), will be in force until the 1st
of June 2014.
In addition, it is noted that for the above mentioned provisions (Ι) and
(ΙΙ), the investment for the Criteria Α1 until Α4 may be realized through a
different salesman/ provider (physical or legal entity).
B. TERMS AND CONDITIONS
1. Clean Criminal Record: the applicant must have a clean criminal
record. Furthermore, his name must not be included on the list of persons
whose property is ordered to be frozen within the boundaries of the
European Union.
2. Residence in the Republic of Cyprus: In all cases listed in Part A,
the applicant must hold a permanent privately-owned residence in the
Republic of Cyprus, the purchase price of which must be at least
€500.000, plus V.A.T.
It is noted that members of the same family, which apply separately as
investors, can collectively acquire a residence, provided that the total
value of this home-property covers the amount of € 500.000 per each
applicant.
6
C. SUBMISSION OF DOCUMENTS
In order to examine any applications the submission of the form (M127)
and of the following is required:
1. Clean Criminal Record:
Certificate of Clean Criminal Record from the country of origin and the
country of residence (if it differs).
2. Residence in the Republic of Cyprus:
(a) Contract of Sale.
(b) Title Deeds/ Receipt for lodging the contract with the Lands and
Surveys Department
(c) Receipts for paying the agreed purchase price
(d) Copy of the wire transfer in the Cypriot commercial banking
institution in the name of the seller or the seller’s company
As for the investment Criteria the following are required, depending on the
case:
(a) Certificate of Registration of the company/ companies by the
Registrar of Companies
(b) Certificate of shareholders by the Registrar of Companies or
certificates evidencing that the applicant is the beneficiary owner of the
company/ companies
(c) Audited Accounts of the company (or companies) for the last three
years preceding the year of the application
(d) If the applicant is a high-ranking senior manager the submission of
the employment contract and the receipt from the Department of
Inland Revenue is additionally required.
Any other document that might be requested either by the Ministry of
Interior, or by the Ministry of Finance.
Furthermore, depending on the case, the following are required:
1. Investment in Government bonds
(a) Receipts from the Treasury of the Republic of Cyprus for the
purchase of the Government bonds.
7
2. Investment in financial assets of Cypriot companies or Cypriot
organizations
(a) Title/titles and other documents regarding the financial assets.
(b)Copy of the wire transfer in the Cypriot commercial banking
institution in the name of the company or the organization
3. Investment in real estate, land development or infrastructure
projects
(a) Contract of sale.
(b) Title Deeds/ Receipt for lodging the contract with the Lands and
Surveys Department
(c) Receipts for paying the agreed purchase price
(d) Copy of the wire transfer in the Cypriot commercial banking
institution in the name of the seller or the seller’s company
4. Purchase or creation or participation in Cypriot businesses and
companies
(a) Contract of sale.
(b) Receipts for paying the agreed purchase price
(c) Certificate of shareholders by the Registrar of Companies or
certificates evidencing that the applicant is the beneficiary owner of
the company/ companies
(d) Copy of the wire transfer in the Cypriot commercial banking
institution in the name of the company or the organization
(e)Confirmation from the Social Insurance Department as to the
insurable income of the Cypriot employees in the company
(f) Confirmation from the Inland Revenues Department as to the
taxable income of the Cypriot employees in the companies or
businesses that the applicant invested in.
5. Deposits in Cypriot banks
(a)Confirmation from Cypriot banks as to the fixed term deposits for
three years of the applicant or the companies in which he is the
beneficiary owner or of the trust in which he is the beneficiary
owner
8
(b)Copy of the wire transfer in the Cypriot commercial banking
institution
6. Impairment of deposits in the Popular Bank
(a) Confirmation as to the level and the time of the impairment of the
deposits
(b) In the case of deposits of companies of which the applicant is the
beneficiary owner, the Certificate of Registration of the Company by
the Registrar of Companies and/or any other evidence, along with a
declaration from the trustee of the funds confirming the beneficial
owner is to be attached
None of the above affects the absolute discretion of the Council of
Ministers in taking a Decision.
9
Scheme for Naturalization by Exception of
Investors in Cyprus
According to subsection (2) of section 111A
of the Civil Registry Laws of 2002-2013
Application Process – List of Documents
Legal Framework
Subsection (2) of Section 111A provides that the Council of Ministers may,
under any conditions it determines as appropriate, to allow the
Naturalization of foreign entrepreneurs. Therefore, on the 19th
of March
2014 the Council of Ministers revised its previous decision dated 24th
of
May 2013 concerning the criteria and conditions for the Naturalization by
exception of non-Cypriot entrepreneurs investing in Cyprus. The decision
is posted on the website of the Ministry of Interior in Greek, English,
Russian, Chinese and Arabic. Should there be any discrepancies in the
English, Russian, Chinese or Arabic translations of the text compared to
the original Greek text, the Greek text shall prevail.
Additionally, the aforementioned Decision of the Council of Ministers
provides for the grant of the Cypriot citizenship to the spouse as well as
the financially dependent adult children (eighteen years old or above) of
the investor. Neither the spouse nor the children are obliged to meet any
financial criteria. For further information see the Section “Guidelines for
Naturalization by Exception – Investors’ Family Members" posted on the
website of the Ministry of Interior.
Submission of an Application
The application is submitted at the Ministry of Interior, where the amount
of €2.00 0 is pa id as fees. At the Ministry of Interior, the original
documents should be submitted, along with a photocopy of all the
documents. The list of the necessary documents is as follows:
 Letter by the applicant or by the representative of the applicant, in
which the investment and criterion, under which the application is
submitted, are briefly explained.
 Application Form M127 fully completed and signed before a Registrar
of a Cypriot court or a consular officer
 Birth Certificate
 Copy of passport
 Certificate of criminal record from the country of origin, as well as the
country of residence (if it differs) of the applicant
 Marriage Certificate
10
 Copies of advertisements in a daily newspaper two consecutive posts
 Two passport size photographs
 Curriculum Vitae
 Documents concerning the permanent privately-owned residence of
the applicant in Cyprus:
 Contract of Sale
 Title Deeds/ Receipt for lodging the contract with the Lands
and Surveys Department
 Receipts for paying the agreed purchase price
 Copy of the wire transfer in the Cypriot commercial banking
institution in the name of the seller or the seller’s company
 If the applicant is a high-ranking senior manager the following
documents should, also, be submitted:
 Copy of the employment contract
 Copy of the receipt by the Inland Revenue Department
 Documents evidencing the investments of the applicant in the
Republic. These documents may include:
 Certificate of Registration of the company/ companies by the
Registrar of Companies
 Certificate of shareholders by the Registrar of Companies or
certificates evidencing that the applicant is the beneficiary
owner of the company/ companies
 Audited Accounts of the company (or companies) for the last
three years preceding the year of the application
Investment in Government bonds
(a) Receipts from the Treasury of the Republic of Cyprus for the
purchase of the Government bonds.
Investment in financial assets of Cypriot companies or Cypriot
organizations
(a) Title/titles and other documents regarding the financial assets.
(b) Copy of the wire transfer in the Cypriot commercial banking
institution in the name of the company or the organization
Investment in real estate, land development or infrastructure
projects
(a) Contract of sale.
11
(b) Title Deeds/ Receipt for lodging the contract with the Lands and
Surveys Department
(c) Receipts for paying the agreed purchase price
(d) Copy of the wire transfer in the Cypriot commercial banking
institution in the name of the seller or the seller’s company
Purchase or creation or participation in Cypriot businesses and
companies
(a) Contract of sale.
(b) Receipts for paying the agreed purchase price
(c) Certificate of shareholders by the Registrar of Companies or
certificates evidencing that the applicant is the beneficiary owner
of the company/ companies
(d) Copy of the wire transfer in the Cypriot commercial banking
institution in the name of the company or the organization
(e) Confirmation from the Social Insurance Department as to the
insurable income of the Cypriot employees in the company
(f) Confirmation from the Inland Revenues Department as to the
taxable income of the Cypriot employees in the companies or
businesses that the applicant invested in.
Deposits in Cypriot banks
(a) Confirmation from Cypriot banks as to the fixed term deposits for
three years of the applicant or the companies in which he is the
beneficiary owner or of the trust in which he is the beneficiary
owner
(b) Copy of the wire transfer in the Cypriot commercial banking
institution
Impairment of deposits in the Popular Bank
(a) Confirmation as to the level and the time of the impairment of
the deposits
(b) In the case of deposits of companies of which the applicant is
the beneficiary owner, the Certificate of Registration of the
Company by the Registrar of Companies and/or any other
evidence, along with a declaration from the trustee of the funds
confirming the beneficial owner is to be attached
Note 1: The original application (M127) and all the required documents
original documents are to be submitted at the Ministry of Interior. Along
with the original application and documents, an additional photocopy of
the application and all the documents should also be submitted.
12
Note 2: All the documents issued by a foreign authority should be
translated to either Greek or English and be duly authenticated (They
should bear the stamp «APOSTILE», if they are issued by countries that
have signed the Hague Convention, otherwise they should be sealed by
the Ministry of Foreign Affairs of the issuing country and the diplomatic
mission of the Republic of Cyprus in the issuing country).
Note 3: The spouse of the non-Cypriot investor has the right to apply for
the citizenship simultaneously with the investor. For further information
see the Section “Guidelines for the Naturalization by Exception –
Investors’ Family Members” posted on the website of the Ministry of
Interior.
Examination procedure of an application
Once an application is submitted the examination process begins. First of
all, the documents relating to the business activities and investments of
the applicant in Cyprus are sent to the Ministry of Finance for evaluation
and views on whether the applicant indeed meets any of the criteria
established by the Council of Ministers. Simultaneously, the Ministry of
Interior investigates whether the applicant meets the other conditions of
the abovementioned Decision of the Council of Ministers. If the applicant
meets the Criteria and Conditions of the Decision, the Minister of Interior
presents the case to the Council of Ministers for final decision. Once the
application is approved, the Civil Registry and Migration Department
issues the Certificate of Naturalization, following payment of the amount
of €5.000 that constitutes the Naturalization Certificate issuing fee.
Provided that such an application is dully submitted and accompanied by
all the necessary supporting documents and the investor meets the
criteria and conditions of the Decision of the Council of Ministers, the time
frame for the completion of the process is approximately 3 months. It
should be noted that the application submission date is the date on which
the submission fees were paid that is noted on the receipt issued by the
Cashier’s Office of the Ministry.
Price not Include Legal fees More Information
Criton Tornaritis
TORNARITIS LAW FIRM
16 Stasikratous
Nicosia 1065 - Cyprus
criton@tornaritislaw.com
http://www.tornaritislaw.com
Tel: +357 22456056
Fax: +357 22664056
13
Scheme for Naturalization by Exception of Investors
in Cyprus- Family Members
Application Process – List of Documents
Legal Framework
The Decision of the Council of Ministers dated 19.3.2014 provides for the
grant of the Cypriot citizenship to the spouse as well as to the financially
dependent adult children (eighteen years old or above) of the investor.
Neither the spouse nor the children are obliged to meet any financial
criteria.
The Decision regulates that adult children of an investor are considered
as financially dependent, if they are students up to the age of 28 and are
attending an institution of higher education aiming to obtain a diploma or
an undergraduate or a master’s degree. The Decision excludes individuals
who are studying for the acquisition of a professional qualification (e.g.
chartered accountants or barrister) or individuals who are studying for the
acquisition of a second, third etc. diploma or degree (either
undergraduate or master’s). Additionally, an investors’ child with severe
physical or mental disability that makes him/her unable to work is also
considered as financially dependent.
Finally, the minor children (under the age of eighteen) of an investor have
the right to acquire the citizenship according to the provisions of section
110 (3) of the Civil Registry Law.
Submission of an Application
Investor’s Spouse
The application is submitted to the Ministry of Interior, where the amount
of €2.000 is paid as fees. The application can be submitted along with the
application of the investor, so that both spouses will be able to acquire the
Cypriot citizenship simultaneously. The list of the necessary documents is
as follows:
 Application Form M127 fully completed and signed before a
Registrar of a Cypriot court or a consular officer
 Copy of the investor’s Certificate of Naturalization (if the application
is not submitted simultaneously with the investor)
 Copy of the investor’s Cypriot passport (if the application is not
submitted simultaneously with the investor)
 Birth Certificate
 Copy of passport
14
 Certificate of criminal record from the country of residence of the
applicant
 Marriage Certificate
 Copies of advertisements in a daily newspaper two consecutive
posts
 Two passport size photographs
 Curriculum Vitae
Note 1: The original application (M127) and all the required documents
original documents are to be submitted at the Ministry of Interior. Along
with the original application and documents, an additional photocopy of
the application and all the documents should also be submitted.
Note 2: All the documents issued by a foreign authority should be
translated to either Greek or English and be duly authenticated (They
should bear the stamp «APOSTILE», if they are issued by countries that
have signed the Hague Convention, otherwise they should be sealed by
the Ministry of Foreign Affairs of the issuing country and the diplomatic
mission of the Republic of Cyprus in the issuing country).
Once the application is approved, the amount of €5.000 (Naturalization
Certificate fees) must be paid.
Investor’s adult children (eighteen years old or above)
The application is submitted to the Ministry of Interior, after the investor
had acquired the Cypriot citizenship. The amount of €2.000 has to be paid
as fees. The list of the necessary documents is as follows:
 Application Form M127 fully completed and signed before
a Registrar of a Cypriot court or a consular officer
 Copy of the investor’s Certificate of Naturalization
 Copy of the investor’s Cypriot passport
 Birth Certificate
 Copy of the applicant’s passport
 Certificate of criminal record from the country of residence of the
applicant
 Marriage Certificate (if applicable)
 Copies of advertisements in a daily newspaper two consecutive
posts
15
 Two passport size photographs
 Curriculum Vitae
 Copy of the undergraduate degree (if the applicant studies for a
master’s degree)
 Certificate of attendance at a Higher Education Institute (Original)
or
 Medical Certificate attesting the disability (Original)
Note 1: The original application (M127) and all the required documents
original documents are to be submitted at the Ministry of Interior. Along
with the original application and documents, an additional photocopy of
the application and all the documents should also be submitted.
Note 2: All the documents issued by a foreign authority should be
translated to either Greek or English and be duly authenticated (They
should bear the stamp «APOSTILE», if they are issued by countries that
have signed the Hague Convention, otherwise they should be sealed by
the Ministry of Foreign Affairs of the issuing country and the diplomatic
mission of the Republic of Cyprus in the issuing country).
Once the application is approved, the amount of €5.000 (Naturalization
Certificate fees) must be paid.
Investor’s minor children (under the age of eighteen)
The application is submitted after the investor had acquired the Cypriot
citizenship to the Civil Registry and Migration Department, where it is also
processed. The list of the necessary documents is as follows:
 Application Form M126 fully completed and signed by the parent
before a Registrar of a Cypriot court or a consular officer
 Copy of the investor’s Certificate of Naturalization
 Child’s Birth Certificate
 Parent’s marriage certificate
 Copies of the child’s and parents’ passports
 Certificate of criminal record from the country of residence of the
applicant
 Written Consent of the non-Cypriot parent
16
 Two passport size photographs
 €80 as fees
Note: All the documents issued by a foreign authority should be
translated into either Greek or English and be duly authenticated (They
should bear the stamp «APOSTILE», if they are issued by countries that
have signed the Hague Convention, otherwise they should be sealed by
the Ministry of Foreign Affairs of the issuing country and the diplomatic
mission of the Republic of Cyprus in the issuing country).
Price not Include Legal fees More Information
Criton Tornaritis
TORNARITIS LAW FIRM
16 Stasikratous
Nicosia 1065 - Cyprus
criton@tornaritislaw.com
http://www.tornaritislaw.com
Tel: +357 22456056
Fax: +357 22664056
17
Frequently Asked Questions (FAQs)
General Matters
1. What is the time frame for the examination of an
application?
Approximately three months.
2. What is the amount of the fees payable for each application?
Concerning the investor the amount of €2.000 is paid at the
submission of the application and, if the application is approved, the
amount of €5.000 is paid as a fee for the issuance of the
Naturalization Certificate.
Concerning the investor’s spouse the amount of €2.000 is also
paid at the submission of the application and, if the application is
approved, the amount of €5.000 is paid as a fee for the issuance
of the Naturalization Certificate.
Concerning the investor’s adult child the amount of €2.000 is
also paid at the submission of the application and, if the
application is approved, the amount of €5.000 is paid as a fee for
the issuance of the Naturalization Certificate.
Concerning the investor’s minor child the amount of €80 is paid
at the submission of the application.
In summary the fees are as follows:
APPLICANT APPLICATION
SUBMISSION
FEE
CERTIFICATE
ISSUANCE FEE
TOTAL
INVESTOR €2.000 €5.000 €7.000
INVESTOR’S SPOUSE €2.000 €5.000 €7.000
INVESTOR’S ADULT
CHILD
€2.000 €5.000 €7.000
INVESTOR’S MINOR
CHILD
€80 - €80
3. Investments must necessarily be made by the investor
personally or can they be made through
company/companies of the investor or an investment
fund or an investment foundation?
An investment through a company or fund or foundation is
eligible, provided that there is a proven correlation between
18
the investor and the company or fund or foundation.
4. What conditions must be met, so that a high – ranking
senior manager of a company/ companies may apply for
Naturalization on the basis of this Scheme?
The first condition that needs to be fulfilled is that the
company/ companies that employs the manager must have
concluded in Cyprus such an investment that meets one of the
economic criteria stipulated in the Decision of the Council of
Ministers. If and when the investment is completed the executive
may apply for Naturalization provided that he/she has paid or
prepaid an income tax amounting to €100.000 for a three-
year period and has acquired a permanent residence of
purchase value at least
€500.000.
5. What does it mean: “The applicant should have concluded
the necessary investments during the three years preceding
the date of the application and must retain the said
investments for a period of at least three years since the
date of the Naturalization?”
It means that for the purpose of filing a Naturalization application in
accordance with the provisions of this Scheme, the investor must
have concluded the investment during the three years preceding
the submission date of the said application. That is to say, if the
applicant will submit an application in 2014, the investment must
have been concluded during the period 2011 – 2014.
Furthermore, the investor is obliged to retain the investment for at
least three years following the acquisition of the Cypriot citizenship.
The three-year period begins on the date of the approval of the
application by the Council of Ministers.
CRITERION A.1 (Investment in Government bonds)
1. Existing government bonds which can be purchased from the
secondary market from existing owners are included or only
bonds purchased from the primary market, i.e. directly from
the Cypriot Government are eligible?
For purposes of the citizenship application are eligible bonds
purchased both from the primary market as well as from the
secondary market.
CRITERION A.3 (INVESTMENT IN REAL ESTATE, LAND
DEVELOPMENT AND INFRASTRUCTURE PROJECTS)
1. The purchase of land is included in the criterion?
19
This criterion includes investments for the purchase or construction
of buildings, or the creation of other land developments (residential
or commercial developments, in the tourism sector or other
infrastructure projects). Therefore, the term cannot be interpreted
broadly and the restriction concerning the purchase of land has not
been lifted.
2. Is the VAT included in the amount of the €5,0 million
investment or in the amount of the €500.000 purchase value
of the privately-owned residence?
The VAT is neither included in the amount of €5,0 million for the
"Direct Investments", nor in the amount of €500.000 required as a
minimum purchase value of the privately-owned residence.
3. In the case of purchase of real estate are transfer duties
included in the amount of the €5,0 million investment?
The transfer duties are not included in the amount of the
investment, as no other charges or taxes are.
4. If there is a difference between the market value and the
purchase value of a real estate, which amount is taken into
consideration?
The purchase value.
5. Can real estate sold for a second time be considered as an
investment for the purposes of applying for citizenship?
According to the contents of the Council of Ministers’ Decision, the
eligible investment is not limited to properties purchased for the
first time.
CRITERION Α.4 (PURCHASE OR CREATION OR PARTICIPATION IN
CYPRIOT BUSINESSES OR COMPANIES)
1. What do we mean by the clause that the companies or
businesses need to have a tangible presence in Cyprus?
We mean that the companies or businesses in which the applicant
shall invest must maintain offices in Cyprus.
2. How is the creation or participation in the companies/
businesses proven?
The creation or participation is proven by the purchase of the
company’s or business’ shares, either existing shares, or through
capital increase.
20
CRITERION A.6 (DEPOSITS IN CYPRIOT BANKS)
1. What do we mean by «Cypriot banks»?
We mean Local Banks and the Subsidiaries of Foreign Banks. The
list is being prepared by the Central Bank of Cyprus and is posted
on its website. You may see the List following the link below:
http://www.centralbank.gov.cy/nqcontent.cfm?a_id=8154&lang=en
2. The total amount of the deposit has to be deposited in a
single bank or can it be deposited partially in various banks?
The total amount can be deposited in various banks, provided that
all the banking institutions lie within the two categories referred in
the previous Question.
3. Must the deposit necessarily be in euro or can it be made in
another currency?
Is not necessary to make the deposit/ deposits in euro. They can be
made in a different currency.
CRITERION Α.7 (PERSONS WHOSE DEPOSITS WITH THE POPULAR
BANK HAVE BEEN IMPAIRED DUE TO THE MEASURES
IMPLEMENTED IN BOTH BANKS AFTER THE 15TH
MARCH 2013)
1. Is the investor eligible to apply if deposits are not personal,
but rather deposits of a company (or companies) of whom
he/ she is the major shareholder or the ultimate beneficiary
owner?
The investor is eligible to apply, provided that there is a proven
correlation between the investor and the company (or companies).
2. This Criterion does not include investors, who suffered an
impairment in their deposits with the Bank of Cyprus?
According to the Decision of the Council of Ministers investors, who
suffered a deposits impairment with the Bank of Cyprus, are not
included in this criterion, but rather in the Criterion A.5 (Purchase
or creation or participation in Cypriot companies and businesses),
since their deposits were mandatory converted into shares.
3. If the amount of the impairment is the lower than €3,0
million, the investor can make a further investment to
accumulate the amount of €3,0 million or the amount of €5,0
million, which is the minimum required investment amount
of the other criteria?
21
According to the content of the Decision, if the impairment amount
is less than € 3,0 million, the investor can make an additional
investment through the criteria A.1 - A.5, to supplement the
amount of €5,0 million.
CRITERION Α.8 (MAJOR COLLECTIVE INVESTMENTS)
1. In paragraph II it is stated that the provision will be valid
until the 1.6.2014. Does this mean that the investment
should be concluded by the 1.6.2014 or that the application
must be submitted until the 1.6.2014?
It means that the application must be submitted until the 1.6.2014.
TERMS AND CONDITIONS
Residence in Cyprus
1. The purchase values of the privately – owned residence is
includes in the investment or is it additional?
The purchase value of the privately-owned residence of the
applicant investor in Cyprus is not included in the minimum
investment which is required provides for the submission of the
application, but rather it is additional.
However, if an applicant decides to invest in the purchase of a
privately – owned residence solely, of a purchase price either €5,0
million (criterion A.3), or of €2,5 million (criterion A8(I)), or of €2,0
million (criterion A8 (II)), he/ she is not oblige to bur a further
privately – owned residence of purchase value €500.000.
2. Can the investor rent to someone else his/ her privately-
owned residence?
Yes, he/ she may.
3. Can the investor sell his/ her privately-owned residence and
purchase a different one of the same or higher purchase
value?
Yes, he/ she may, provided that he/she will buy a different
residence of equal or higher purchase value.
4. To what degree of relation can applicants – relatives, who
are members of the same family, purchase the same
privately-owned residence?
To the second degree.

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Cyprus Citizenship & Passport Programe

  • 1. 2014 TORNARITIS LAW FIRM LLC www.tornaritislaw.com Information on the Cyprus Naturalization Scheme
  • 2. 2 This document includes the following information: 1. Council of Ministers Decision dated 19.3.2014 2. Scheme for Naturalization by Exception of Investors in Cyprus 3. Scheme for Naturalization by Exception of Investors in Cyprus- Family Members 4. Frequently Asked Questions (FAQs) 5. Contact for More Information Criton Tornaritis TORNARITIS LAW FIRM 16 Stasikratous Nicosia 1065 - Cyprus criton@tornaritislaw.com http://www.tornaritislaw.com Tel: +357 22456056 Fax: +357 22664056
  • 3. 3 Council of Ministers Decision dated 19.3.2014 Scheme for Naturalization of Investors In Cyprus By Exception on the basis of subsection (2) of section 111A of the Civil Registry Laws of 2002-2013 A non-Cypriot citizen, who meets one of the following economic criteria (A), either personally or through a company/ companies in which he/ she participates as a shareholder - proportionally based on the percentage of participation, or even as a high-ranking senior manager of a company/ companies that meets one of economic criteria (A), may apply for the acquisition of the Cypriot citizenship through Naturalization by exception. A high-ranking senior manager may apply, provided that he/she receives such a remuneration that generates for the Republic tax revenue of at least €100,000 for a three year period and provided that this tax has already been paid or prepaid. The applicant should have concluded the necessary investments during the three years preceding the date of the application and must retain the said investments for a period of at least three years since the date of the Naturalization. In addition, the applicant must fulfill the Terms and Conditions set out in Part B. In the case where, following a periodic inspection, it has been ascertained that any condition is being circumvented, the Naturalization may be revoked. Α. CRITERIA Α.1 Investment in government bonds: The applicant must have purchased state bonds of the Republic of Cyprus of at least €5,0 million. or Α.2 Investment in financial assets of Cypriot companies or Cypriot organizations: The applicant must have purchased financial assets of Cypriot companies or Cypriot organizations (bonds/ securities/ debentures registered and issued in the Republic of Cyprus) of at least €5,0 million. It is noted that these financial assets can be purchased either at issuance, or subsequently by the market. or
  • 4. 4 Α.3 Investment in real estate, land development and infrastructure projects: The applicant must have made an investment of at least € 5,0 million for the purchase or construction of buildings or for the construction of other land development projects (residential or commercial developments, developments in the tourism sector or other infrastructure projects). or Α.4 Purchase or creation or participation in Cypriot businesses or companies: The applicant must have made an investment of at least € 5,0 million in the purchase, creation or participation in businesses or companies, that are based and operating in the Republic. These businesses or companies should evidently have a tangible presence in Cyprus and employ at least five (5) Cypriot citizens. It is noted that the mandatory conversion of deposits into shares is included in this criterion. or Α.5 Deposits in Cypriot banks: The applicant must have personal fixed term deposits for three years in Cypriot banks or deposits of privately owned companies or trusts (in which he/she is the beneficiary owner) in the Republic of Cyprus of at least €5,0 million or Α.6 Combination of the aforementioned criteria Α.1 (Investment in government bonds), Α.2 (Investment in financial assets of Cypriot companies or organizations), Α.3 (Investment in real estate, land development and infrastructure projects), Α.4 (Purchase or creation or participation in Cypriot businesses or companies) και Α.5 (Deposits in Cypriot banks): The applicant is required to have a combination of the above amounting to at least €5,0 million. or Α.7 Persons whose deposits with the Popular Bank Public Company Ltd have been impaired due to the measures implemented after the 15th March 2013: The applicant has incurred an impairment in deposits amounting to a total of at least €3,0 million.
  • 5. 5 In the case where the applicant has incurred an impairment in his/her deposits under €3,0 million he/she may apply, having made an additional investment through the criteria A.1 (Investment in Government bonds), A.2 (Investment in financial assets of Cypriot companies or Cypriot organizations), A3 (Investment in real estate, land development or infrastructure projects), A.4 (Purchase or creation or participation in Cypriot businesses and companies) and A.5 (Deposits in Cypriot Banks) for the balance of the required amount of the aforementioned criteria. or Α.8 Major Collective Investments: The Council of Ministers shall have the right on special occasions, to reduce the above criteria (Α.1 (Investment in Government Bonds), Α.2 (Investment in financial assets of Cypriot companies or Cypriot organizations), Α.3 (Investment in real estate, land development or infrastructure projects) and Α.4 (Purchase or creation or participation in Cypriot businesses and companies): I. To €2,5 millions for investors, who demonstrably participate in a special collective investment scheme, provided that the total value of the investment is at least €12,5 millions. II. To €2,0 millions for investors who demonstrably participate in a special collective investment scheme, provided that the total value of the investment is more than €12.5 millions. It is noted that this present provision (I), will be in force until the 1st of June 2014. In addition, it is noted that for the above mentioned provisions (Ι) and (ΙΙ), the investment for the Criteria Α1 until Α4 may be realized through a different salesman/ provider (physical or legal entity). B. TERMS AND CONDITIONS 1. Clean Criminal Record: the applicant must have a clean criminal record. Furthermore, his name must not be included on the list of persons whose property is ordered to be frozen within the boundaries of the European Union. 2. Residence in the Republic of Cyprus: In all cases listed in Part A, the applicant must hold a permanent privately-owned residence in the Republic of Cyprus, the purchase price of which must be at least €500.000, plus V.A.T. It is noted that members of the same family, which apply separately as investors, can collectively acquire a residence, provided that the total value of this home-property covers the amount of € 500.000 per each applicant.
  • 6. 6 C. SUBMISSION OF DOCUMENTS In order to examine any applications the submission of the form (M127) and of the following is required: 1. Clean Criminal Record: Certificate of Clean Criminal Record from the country of origin and the country of residence (if it differs). 2. Residence in the Republic of Cyprus: (a) Contract of Sale. (b) Title Deeds/ Receipt for lodging the contract with the Lands and Surveys Department (c) Receipts for paying the agreed purchase price (d) Copy of the wire transfer in the Cypriot commercial banking institution in the name of the seller or the seller’s company As for the investment Criteria the following are required, depending on the case: (a) Certificate of Registration of the company/ companies by the Registrar of Companies (b) Certificate of shareholders by the Registrar of Companies or certificates evidencing that the applicant is the beneficiary owner of the company/ companies (c) Audited Accounts of the company (or companies) for the last three years preceding the year of the application (d) If the applicant is a high-ranking senior manager the submission of the employment contract and the receipt from the Department of Inland Revenue is additionally required. Any other document that might be requested either by the Ministry of Interior, or by the Ministry of Finance. Furthermore, depending on the case, the following are required: 1. Investment in Government bonds (a) Receipts from the Treasury of the Republic of Cyprus for the purchase of the Government bonds.
  • 7. 7 2. Investment in financial assets of Cypriot companies or Cypriot organizations (a) Title/titles and other documents regarding the financial assets. (b)Copy of the wire transfer in the Cypriot commercial banking institution in the name of the company or the organization 3. Investment in real estate, land development or infrastructure projects (a) Contract of sale. (b) Title Deeds/ Receipt for lodging the contract with the Lands and Surveys Department (c) Receipts for paying the agreed purchase price (d) Copy of the wire transfer in the Cypriot commercial banking institution in the name of the seller or the seller’s company 4. Purchase or creation or participation in Cypriot businesses and companies (a) Contract of sale. (b) Receipts for paying the agreed purchase price (c) Certificate of shareholders by the Registrar of Companies or certificates evidencing that the applicant is the beneficiary owner of the company/ companies (d) Copy of the wire transfer in the Cypriot commercial banking institution in the name of the company or the organization (e)Confirmation from the Social Insurance Department as to the insurable income of the Cypriot employees in the company (f) Confirmation from the Inland Revenues Department as to the taxable income of the Cypriot employees in the companies or businesses that the applicant invested in. 5. Deposits in Cypriot banks (a)Confirmation from Cypriot banks as to the fixed term deposits for three years of the applicant or the companies in which he is the beneficiary owner or of the trust in which he is the beneficiary owner
  • 8. 8 (b)Copy of the wire transfer in the Cypriot commercial banking institution 6. Impairment of deposits in the Popular Bank (a) Confirmation as to the level and the time of the impairment of the deposits (b) In the case of deposits of companies of which the applicant is the beneficiary owner, the Certificate of Registration of the Company by the Registrar of Companies and/or any other evidence, along with a declaration from the trustee of the funds confirming the beneficial owner is to be attached None of the above affects the absolute discretion of the Council of Ministers in taking a Decision.
  • 9. 9 Scheme for Naturalization by Exception of Investors in Cyprus According to subsection (2) of section 111A of the Civil Registry Laws of 2002-2013 Application Process – List of Documents Legal Framework Subsection (2) of Section 111A provides that the Council of Ministers may, under any conditions it determines as appropriate, to allow the Naturalization of foreign entrepreneurs. Therefore, on the 19th of March 2014 the Council of Ministers revised its previous decision dated 24th of May 2013 concerning the criteria and conditions for the Naturalization by exception of non-Cypriot entrepreneurs investing in Cyprus. The decision is posted on the website of the Ministry of Interior in Greek, English, Russian, Chinese and Arabic. Should there be any discrepancies in the English, Russian, Chinese or Arabic translations of the text compared to the original Greek text, the Greek text shall prevail. Additionally, the aforementioned Decision of the Council of Ministers provides for the grant of the Cypriot citizenship to the spouse as well as the financially dependent adult children (eighteen years old or above) of the investor. Neither the spouse nor the children are obliged to meet any financial criteria. For further information see the Section “Guidelines for Naturalization by Exception – Investors’ Family Members" posted on the website of the Ministry of Interior. Submission of an Application The application is submitted at the Ministry of Interior, where the amount of €2.00 0 is pa id as fees. At the Ministry of Interior, the original documents should be submitted, along with a photocopy of all the documents. The list of the necessary documents is as follows:  Letter by the applicant or by the representative of the applicant, in which the investment and criterion, under which the application is submitted, are briefly explained.  Application Form M127 fully completed and signed before a Registrar of a Cypriot court or a consular officer  Birth Certificate  Copy of passport  Certificate of criminal record from the country of origin, as well as the country of residence (if it differs) of the applicant  Marriage Certificate
  • 10. 10  Copies of advertisements in a daily newspaper two consecutive posts  Two passport size photographs  Curriculum Vitae  Documents concerning the permanent privately-owned residence of the applicant in Cyprus:  Contract of Sale  Title Deeds/ Receipt for lodging the contract with the Lands and Surveys Department  Receipts for paying the agreed purchase price  Copy of the wire transfer in the Cypriot commercial banking institution in the name of the seller or the seller’s company  If the applicant is a high-ranking senior manager the following documents should, also, be submitted:  Copy of the employment contract  Copy of the receipt by the Inland Revenue Department  Documents evidencing the investments of the applicant in the Republic. These documents may include:  Certificate of Registration of the company/ companies by the Registrar of Companies  Certificate of shareholders by the Registrar of Companies or certificates evidencing that the applicant is the beneficiary owner of the company/ companies  Audited Accounts of the company (or companies) for the last three years preceding the year of the application Investment in Government bonds (a) Receipts from the Treasury of the Republic of Cyprus for the purchase of the Government bonds. Investment in financial assets of Cypriot companies or Cypriot organizations (a) Title/titles and other documents regarding the financial assets. (b) Copy of the wire transfer in the Cypriot commercial banking institution in the name of the company or the organization Investment in real estate, land development or infrastructure projects (a) Contract of sale.
  • 11. 11 (b) Title Deeds/ Receipt for lodging the contract with the Lands and Surveys Department (c) Receipts for paying the agreed purchase price (d) Copy of the wire transfer in the Cypriot commercial banking institution in the name of the seller or the seller’s company Purchase or creation or participation in Cypriot businesses and companies (a) Contract of sale. (b) Receipts for paying the agreed purchase price (c) Certificate of shareholders by the Registrar of Companies or certificates evidencing that the applicant is the beneficiary owner of the company/ companies (d) Copy of the wire transfer in the Cypriot commercial banking institution in the name of the company or the organization (e) Confirmation from the Social Insurance Department as to the insurable income of the Cypriot employees in the company (f) Confirmation from the Inland Revenues Department as to the taxable income of the Cypriot employees in the companies or businesses that the applicant invested in. Deposits in Cypriot banks (a) Confirmation from Cypriot banks as to the fixed term deposits for three years of the applicant or the companies in which he is the beneficiary owner or of the trust in which he is the beneficiary owner (b) Copy of the wire transfer in the Cypriot commercial banking institution Impairment of deposits in the Popular Bank (a) Confirmation as to the level and the time of the impairment of the deposits (b) In the case of deposits of companies of which the applicant is the beneficiary owner, the Certificate of Registration of the Company by the Registrar of Companies and/or any other evidence, along with a declaration from the trustee of the funds confirming the beneficial owner is to be attached Note 1: The original application (M127) and all the required documents original documents are to be submitted at the Ministry of Interior. Along with the original application and documents, an additional photocopy of the application and all the documents should also be submitted.
  • 12. 12 Note 2: All the documents issued by a foreign authority should be translated to either Greek or English and be duly authenticated (They should bear the stamp «APOSTILE», if they are issued by countries that have signed the Hague Convention, otherwise they should be sealed by the Ministry of Foreign Affairs of the issuing country and the diplomatic mission of the Republic of Cyprus in the issuing country). Note 3: The spouse of the non-Cypriot investor has the right to apply for the citizenship simultaneously with the investor. For further information see the Section “Guidelines for the Naturalization by Exception – Investors’ Family Members” posted on the website of the Ministry of Interior. Examination procedure of an application Once an application is submitted the examination process begins. First of all, the documents relating to the business activities and investments of the applicant in Cyprus are sent to the Ministry of Finance for evaluation and views on whether the applicant indeed meets any of the criteria established by the Council of Ministers. Simultaneously, the Ministry of Interior investigates whether the applicant meets the other conditions of the abovementioned Decision of the Council of Ministers. If the applicant meets the Criteria and Conditions of the Decision, the Minister of Interior presents the case to the Council of Ministers for final decision. Once the application is approved, the Civil Registry and Migration Department issues the Certificate of Naturalization, following payment of the amount of €5.000 that constitutes the Naturalization Certificate issuing fee. Provided that such an application is dully submitted and accompanied by all the necessary supporting documents and the investor meets the criteria and conditions of the Decision of the Council of Ministers, the time frame for the completion of the process is approximately 3 months. It should be noted that the application submission date is the date on which the submission fees were paid that is noted on the receipt issued by the Cashier’s Office of the Ministry. Price not Include Legal fees More Information Criton Tornaritis TORNARITIS LAW FIRM 16 Stasikratous Nicosia 1065 - Cyprus criton@tornaritislaw.com http://www.tornaritislaw.com Tel: +357 22456056 Fax: +357 22664056
  • 13. 13 Scheme for Naturalization by Exception of Investors in Cyprus- Family Members Application Process – List of Documents Legal Framework The Decision of the Council of Ministers dated 19.3.2014 provides for the grant of the Cypriot citizenship to the spouse as well as to the financially dependent adult children (eighteen years old or above) of the investor. Neither the spouse nor the children are obliged to meet any financial criteria. The Decision regulates that adult children of an investor are considered as financially dependent, if they are students up to the age of 28 and are attending an institution of higher education aiming to obtain a diploma or an undergraduate or a master’s degree. The Decision excludes individuals who are studying for the acquisition of a professional qualification (e.g. chartered accountants or barrister) or individuals who are studying for the acquisition of a second, third etc. diploma or degree (either undergraduate or master’s). Additionally, an investors’ child with severe physical or mental disability that makes him/her unable to work is also considered as financially dependent. Finally, the minor children (under the age of eighteen) of an investor have the right to acquire the citizenship according to the provisions of section 110 (3) of the Civil Registry Law. Submission of an Application Investor’s Spouse The application is submitted to the Ministry of Interior, where the amount of €2.000 is paid as fees. The application can be submitted along with the application of the investor, so that both spouses will be able to acquire the Cypriot citizenship simultaneously. The list of the necessary documents is as follows:  Application Form M127 fully completed and signed before a Registrar of a Cypriot court or a consular officer  Copy of the investor’s Certificate of Naturalization (if the application is not submitted simultaneously with the investor)  Copy of the investor’s Cypriot passport (if the application is not submitted simultaneously with the investor)  Birth Certificate  Copy of passport
  • 14. 14  Certificate of criminal record from the country of residence of the applicant  Marriage Certificate  Copies of advertisements in a daily newspaper two consecutive posts  Two passport size photographs  Curriculum Vitae Note 1: The original application (M127) and all the required documents original documents are to be submitted at the Ministry of Interior. Along with the original application and documents, an additional photocopy of the application and all the documents should also be submitted. Note 2: All the documents issued by a foreign authority should be translated to either Greek or English and be duly authenticated (They should bear the stamp «APOSTILE», if they are issued by countries that have signed the Hague Convention, otherwise they should be sealed by the Ministry of Foreign Affairs of the issuing country and the diplomatic mission of the Republic of Cyprus in the issuing country). Once the application is approved, the amount of €5.000 (Naturalization Certificate fees) must be paid. Investor’s adult children (eighteen years old or above) The application is submitted to the Ministry of Interior, after the investor had acquired the Cypriot citizenship. The amount of €2.000 has to be paid as fees. The list of the necessary documents is as follows:  Application Form M127 fully completed and signed before a Registrar of a Cypriot court or a consular officer  Copy of the investor’s Certificate of Naturalization  Copy of the investor’s Cypriot passport  Birth Certificate  Copy of the applicant’s passport  Certificate of criminal record from the country of residence of the applicant  Marriage Certificate (if applicable)  Copies of advertisements in a daily newspaper two consecutive posts
  • 15. 15  Two passport size photographs  Curriculum Vitae  Copy of the undergraduate degree (if the applicant studies for a master’s degree)  Certificate of attendance at a Higher Education Institute (Original) or  Medical Certificate attesting the disability (Original) Note 1: The original application (M127) and all the required documents original documents are to be submitted at the Ministry of Interior. Along with the original application and documents, an additional photocopy of the application and all the documents should also be submitted. Note 2: All the documents issued by a foreign authority should be translated to either Greek or English and be duly authenticated (They should bear the stamp «APOSTILE», if they are issued by countries that have signed the Hague Convention, otherwise they should be sealed by the Ministry of Foreign Affairs of the issuing country and the diplomatic mission of the Republic of Cyprus in the issuing country). Once the application is approved, the amount of €5.000 (Naturalization Certificate fees) must be paid. Investor’s minor children (under the age of eighteen) The application is submitted after the investor had acquired the Cypriot citizenship to the Civil Registry and Migration Department, where it is also processed. The list of the necessary documents is as follows:  Application Form M126 fully completed and signed by the parent before a Registrar of a Cypriot court or a consular officer  Copy of the investor’s Certificate of Naturalization  Child’s Birth Certificate  Parent’s marriage certificate  Copies of the child’s and parents’ passports  Certificate of criminal record from the country of residence of the applicant  Written Consent of the non-Cypriot parent
  • 16. 16  Two passport size photographs  €80 as fees Note: All the documents issued by a foreign authority should be translated into either Greek or English and be duly authenticated (They should bear the stamp «APOSTILE», if they are issued by countries that have signed the Hague Convention, otherwise they should be sealed by the Ministry of Foreign Affairs of the issuing country and the diplomatic mission of the Republic of Cyprus in the issuing country). Price not Include Legal fees More Information Criton Tornaritis TORNARITIS LAW FIRM 16 Stasikratous Nicosia 1065 - Cyprus criton@tornaritislaw.com http://www.tornaritislaw.com Tel: +357 22456056 Fax: +357 22664056
  • 17. 17 Frequently Asked Questions (FAQs) General Matters 1. What is the time frame for the examination of an application? Approximately three months. 2. What is the amount of the fees payable for each application? Concerning the investor the amount of €2.000 is paid at the submission of the application and, if the application is approved, the amount of €5.000 is paid as a fee for the issuance of the Naturalization Certificate. Concerning the investor’s spouse the amount of €2.000 is also paid at the submission of the application and, if the application is approved, the amount of €5.000 is paid as a fee for the issuance of the Naturalization Certificate. Concerning the investor’s adult child the amount of €2.000 is also paid at the submission of the application and, if the application is approved, the amount of €5.000 is paid as a fee for the issuance of the Naturalization Certificate. Concerning the investor’s minor child the amount of €80 is paid at the submission of the application. In summary the fees are as follows: APPLICANT APPLICATION SUBMISSION FEE CERTIFICATE ISSUANCE FEE TOTAL INVESTOR €2.000 €5.000 €7.000 INVESTOR’S SPOUSE €2.000 €5.000 €7.000 INVESTOR’S ADULT CHILD €2.000 €5.000 €7.000 INVESTOR’S MINOR CHILD €80 - €80 3. Investments must necessarily be made by the investor personally or can they be made through company/companies of the investor or an investment fund or an investment foundation? An investment through a company or fund or foundation is eligible, provided that there is a proven correlation between
  • 18. 18 the investor and the company or fund or foundation. 4. What conditions must be met, so that a high – ranking senior manager of a company/ companies may apply for Naturalization on the basis of this Scheme? The first condition that needs to be fulfilled is that the company/ companies that employs the manager must have concluded in Cyprus such an investment that meets one of the economic criteria stipulated in the Decision of the Council of Ministers. If and when the investment is completed the executive may apply for Naturalization provided that he/she has paid or prepaid an income tax amounting to €100.000 for a three- year period and has acquired a permanent residence of purchase value at least €500.000. 5. What does it mean: “The applicant should have concluded the necessary investments during the three years preceding the date of the application and must retain the said investments for a period of at least three years since the date of the Naturalization?” It means that for the purpose of filing a Naturalization application in accordance with the provisions of this Scheme, the investor must have concluded the investment during the three years preceding the submission date of the said application. That is to say, if the applicant will submit an application in 2014, the investment must have been concluded during the period 2011 – 2014. Furthermore, the investor is obliged to retain the investment for at least three years following the acquisition of the Cypriot citizenship. The three-year period begins on the date of the approval of the application by the Council of Ministers. CRITERION A.1 (Investment in Government bonds) 1. Existing government bonds which can be purchased from the secondary market from existing owners are included or only bonds purchased from the primary market, i.e. directly from the Cypriot Government are eligible? For purposes of the citizenship application are eligible bonds purchased both from the primary market as well as from the secondary market. CRITERION A.3 (INVESTMENT IN REAL ESTATE, LAND DEVELOPMENT AND INFRASTRUCTURE PROJECTS) 1. The purchase of land is included in the criterion?
  • 19. 19 This criterion includes investments for the purchase or construction of buildings, or the creation of other land developments (residential or commercial developments, in the tourism sector or other infrastructure projects). Therefore, the term cannot be interpreted broadly and the restriction concerning the purchase of land has not been lifted. 2. Is the VAT included in the amount of the €5,0 million investment or in the amount of the €500.000 purchase value of the privately-owned residence? The VAT is neither included in the amount of €5,0 million for the "Direct Investments", nor in the amount of €500.000 required as a minimum purchase value of the privately-owned residence. 3. In the case of purchase of real estate are transfer duties included in the amount of the €5,0 million investment? The transfer duties are not included in the amount of the investment, as no other charges or taxes are. 4. If there is a difference between the market value and the purchase value of a real estate, which amount is taken into consideration? The purchase value. 5. Can real estate sold for a second time be considered as an investment for the purposes of applying for citizenship? According to the contents of the Council of Ministers’ Decision, the eligible investment is not limited to properties purchased for the first time. CRITERION Α.4 (PURCHASE OR CREATION OR PARTICIPATION IN CYPRIOT BUSINESSES OR COMPANIES) 1. What do we mean by the clause that the companies or businesses need to have a tangible presence in Cyprus? We mean that the companies or businesses in which the applicant shall invest must maintain offices in Cyprus. 2. How is the creation or participation in the companies/ businesses proven? The creation or participation is proven by the purchase of the company’s or business’ shares, either existing shares, or through capital increase.
  • 20. 20 CRITERION A.6 (DEPOSITS IN CYPRIOT BANKS) 1. What do we mean by «Cypriot banks»? We mean Local Banks and the Subsidiaries of Foreign Banks. The list is being prepared by the Central Bank of Cyprus and is posted on its website. You may see the List following the link below: http://www.centralbank.gov.cy/nqcontent.cfm?a_id=8154&lang=en 2. The total amount of the deposit has to be deposited in a single bank or can it be deposited partially in various banks? The total amount can be deposited in various banks, provided that all the banking institutions lie within the two categories referred in the previous Question. 3. Must the deposit necessarily be in euro or can it be made in another currency? Is not necessary to make the deposit/ deposits in euro. They can be made in a different currency. CRITERION Α.7 (PERSONS WHOSE DEPOSITS WITH THE POPULAR BANK HAVE BEEN IMPAIRED DUE TO THE MEASURES IMPLEMENTED IN BOTH BANKS AFTER THE 15TH MARCH 2013) 1. Is the investor eligible to apply if deposits are not personal, but rather deposits of a company (or companies) of whom he/ she is the major shareholder or the ultimate beneficiary owner? The investor is eligible to apply, provided that there is a proven correlation between the investor and the company (or companies). 2. This Criterion does not include investors, who suffered an impairment in their deposits with the Bank of Cyprus? According to the Decision of the Council of Ministers investors, who suffered a deposits impairment with the Bank of Cyprus, are not included in this criterion, but rather in the Criterion A.5 (Purchase or creation or participation in Cypriot companies and businesses), since their deposits were mandatory converted into shares. 3. If the amount of the impairment is the lower than €3,0 million, the investor can make a further investment to accumulate the amount of €3,0 million or the amount of €5,0 million, which is the minimum required investment amount of the other criteria?
  • 21. 21 According to the content of the Decision, if the impairment amount is less than € 3,0 million, the investor can make an additional investment through the criteria A.1 - A.5, to supplement the amount of €5,0 million. CRITERION Α.8 (MAJOR COLLECTIVE INVESTMENTS) 1. In paragraph II it is stated that the provision will be valid until the 1.6.2014. Does this mean that the investment should be concluded by the 1.6.2014 or that the application must be submitted until the 1.6.2014? It means that the application must be submitted until the 1.6.2014. TERMS AND CONDITIONS Residence in Cyprus 1. The purchase values of the privately – owned residence is includes in the investment or is it additional? The purchase value of the privately-owned residence of the applicant investor in Cyprus is not included in the minimum investment which is required provides for the submission of the application, but rather it is additional. However, if an applicant decides to invest in the purchase of a privately – owned residence solely, of a purchase price either €5,0 million (criterion A.3), or of €2,5 million (criterion A8(I)), or of €2,0 million (criterion A8 (II)), he/ she is not oblige to bur a further privately – owned residence of purchase value €500.000. 2. Can the investor rent to someone else his/ her privately- owned residence? Yes, he/ she may. 3. Can the investor sell his/ her privately-owned residence and purchase a different one of the same or higher purchase value? Yes, he/ she may, provided that he/she will buy a different residence of equal or higher purchase value. 4. To what degree of relation can applicants – relatives, who are members of the same family, purchase the same privately-owned residence? To the second degree.