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Business » Asset Protection » APT or Offshore Trust

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APT or Offshore Trust

 
  
 

The heart of the practice is domestic and international business transactions and disputes.

  

 

 
For most purposes, an Offshore Trust is like a standard domestic trust except that the trustee is generally a trust company whose business is operated outside of the United States. What is significant is that the trust company is located in a foreign country, so jurisdiction is outside of U.S. courts. Also, the Offshore Trust takes advantage of favorable asset protection and privacy laws which exist in other parts of the world.
 
Typically, the trustees are given discretion to accumulate or distribute income among a specified class of beneficiaries. The settlor may be one of the named beneficiaries, together with his (/her) spouse, children, or grandchildren. Also, there is generally a Protector, whose consent is necessary for certain activities. The term of the trust may be limited to a period of years, or it may continue after the settlor’s death.
 
One way to use an Offshore Trust is to transfer cash, securities, or other liquid assets to an account established under the name of the trust at a bank of your choice in a foreign jurisdiction. The Protector then advises the trustees on the manner in which the funds are to be held or invested. Income can be distributed to the beneficiaries or accumulated in the trust.
 
This arrangement provides excellent privacy and asset protection. Assets held in an overseas trust account can be a legitimate and powerful legal strategy for sophisticated individuals who are willing to tolerate some degree of inconvenience and additional expense in order to achieve a particular result.



 
 

 

Quick Facts
 
Don't be penny wise, pound foolish. Have your contracts reviewed/drafted by an HLA attorney.
 
Business transactions are a delicate balance of nurturing the deal while protecting the client's interests.
 
 
 

 
 
 
 
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