Bulletproof Asset Protection
The most powerful asset protection strategy involves an offshore trust with additional legal entities to balance control and ownership. This level of strategy allows you maximum control (management) of your assets while the legal waters are calm, while providing the highest level of protection. The stakeholders in this involve you, your assets, a Nevis LLC and a Cook Islands Trust.
The first and critical component for bulletproof protection is a Cook Islands trust. This is established and properly structured to maximize protection.
Secondly, a Nevis LLC is formed, which is the controlling element in this solution. This extends 100% day-to-day control over all activities because you will be the Manager of the LLC, You. In the event of legal duress against the manager, the trustee is bound by duty (under the trust terms) to protect trust assets and remove the manager for the period of duress. Following the legal duress, the trustee reappoints the manager.
You are the manager of the LLC and the signatory on all company accounts. Your trust owns 100% of the LLC. A trust protector (appointed by you) has control over the trustee - this is a friend, relative or other individual. A back-up protector can be arranged for you offshore beyond the reach of the US courts. You, family members and others can be discretionary beneficiaries of the trust.
Courts outside of the jurisdiction do not have legal control over your trustee. Therefore, they do not have the authority to enforce seizure of the trust assets. Your assets are located in a controlled structure that is outside of the jurisdiction where you live. In the event of legal duress when you change the manager of the LLC from you to the licensed, bonded Cook Islands trustee, fraudulent transfer doesn't apply. This is because assets are not being transferred - only control (management) of the company is, which is required by your trust agreement in order to protect your assets.
Generally if assets are transferred after legal issues arise, the statue of limitations on fraudulent transfer is 2 years and proceedings must commence within one year. In order for your assets to be seized on this account, the fraud must be proved in a Cook Islands courtroom beyond a reasonable doubt. This is an extremely high legal hurdle, especially when international investing and diversification reasons can be given.
This is a high-level recommendation and requires an expert to help establish and structure. This level of protection is a hallmark in our high-end solutions. You can contact a consultant for your needs Mon-Fri during business hours PST.