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Asset Control Transfer Asset Control Transfer

Transferring assets can be fraudulent in times of legal duress, however a transfer of asset control through proper asset protection planning is not fraudulent. We examine how forming an offshore limited liability company that is owned by an offshore trust provides hands-on management and control over your assets with maximum asset protection.

Here's an example using an offshore asset protection trust that owns 100% of an offshore limited liability company.

The key elements here are shown above.

  1. An offshore asset protection trust with an offshore trustee and a trust protector that you choose
  2. an offshore limited liability company that is 100% owned by the trust
  3. A company manager - this can be you before legal duress arises

The trust provisions are setup to protect your assets. During times of no legal duress, you are the non-interest holding manager of the LLC, that owns and controls all of your assets. You manage the company until you are under legal duress, when your trust provision kicks in and removes you from your management position and appoints the trustee. When you are no longer under legal duress, you are appointed back into the management position by the trust provisions.

The mechanics here are simple, the trust owns 100% interest in the LLC, you manage (control) the LLC that owns your assets. This is a transfer of a management position within a company, so fraudulent transfer doesn't apply. If you are under legal duress to surrender the assets of the limited liability company, the trustee is forced (under your trust provisions) to remove you from the company.


Thursday, March 11, 2010 in Asset ProtectionOffshore Trusts  |  Permalink |  Comments (0)
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