Ivy International Finance Services partners with professionals in jurisdictions which support the privacy of our clients and afford protection to asset protection trusts and services. While there are countless reasons to use our services, some reasons our clients need our services include:
Financial privacy is a vital first step for asset protection. Many of the jurisdictions Ivy International Finance Services recommends have favorable privacy laws which allow the settling of an asset protection trust in a private manner. In these jurisdictions, the trust and the names of the beneficiaries and settlers are not disclosed publicly. In these jurisdictions, trustees' names and the date of the trust deed are registered, and records are not open to the public. One must obtain a local court order for a valid claim before viewing any records.
Avoiding extravagant displays of wealth reduces the risk of creditors or money-hungry litigants. While privacy alone is never enough, we partner with professionals in jurisdictions that offer strong protective legislation as well.
Favorable jurisdictions do not recognise the judgments of foreign courts. Those who wish to make claims against assets held in an offshore trust must do so through the local court system. This means the creditor physically traveling to the jurisdiction. One of the few claims which can nullify the protection of an offshore asset protection trust is a fraudulent transfer ruling.
Fraudulent transfer of assets occurs when the settlor of a trust transfers assets with the intent to knowingly delay or defraud a creditor. The cost and time associated with making such a claim in a favorable jurisdiction is usually enough to deter creditors. Moreover, a creditor obtaining a fraudulent transfer ruling in a jurisdiction is easier said than done. Much Easier! It is rare to see a creditor obtain such a ruling overseas against any offshore trust.
Favorable jurisdictions offer settlors the potential to maintain a greater degree of control over trust assets. One way to do this is by establishing a limited liability company in conjunction with a trust. The trust wholly owns the LLC. Assets are transferred into a bank that the LLC owns. The settlor is then renamed as the initial manager of the LLC.
When litigation threatens the assets, one does not need to shuffle assets. There is simply a change of management of the LLC. The trustee can take an additional role as manager of the LLC. So when courts demand repatriation of trust funds, they do not have jurisdiction over the foreign trustee. The assets will remain in the LLC that the trust owns, so there is no fraudulent conveyance of assets, only a management change.
Additionally, the trustees in favorable jurisdictions are prohibited from distributing assets that a creditor can seise when the settlor of the trust is under legal duress. However, they can pay bills on behalf of the settlor and make distributions of assets to a trusted friend or relative on behalf of the settlor.
Many of the favorable jurisdictions Ivy International Finance Services recommends provide low-tax or no-tax laws for international trusts. This can make trusts an attractive tool for tax planning. We need to note that laws will vary by jurisdiction and where the settlor/beneficiaries reside.
A number of favorable offshore jurisdictions have no rule against perpetual trusts. As a result, offshore trusts make great tools for estate planning. Favorable jurisdictions do not recognise foreign inheritance laws.
Kidnapping is a reality for some high-net-worth individuals and we structure to protect you and your family.
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