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Category jump:
International Asset Protection  
International Asset Protection Tutorial  
Parties to an International Asset Protection Trust (IAPT)  
The Settlor:
The Settlor is the person who creates the Trust by transferring an asset (that he or she owns) to the Trustee along with clear instructions (the Trust Deed) that the asset be held for the benefit of a third party. The Settlor is also often referred to as a "Grantor", especially by the I.R.S. A grantor to a foreign trust with a U.S. beneficiary is known as the "owner" of the foreign trust for U.S. tax purposes. The settlor or grantor is NOT the owner of the assets for legal purposes.

The Trustee:
The Trustee is the entity to which the legal title to the asset is transferred by the Settlor. While in full control of the trust assets, The Trustee is under a legal obligation to maintain the trust property in the best possible manner for the benefit of the Beneficiaries. The Trustee is legally precluded from using the trust asset for his own ends.The Trustee MUST be located outside of the United States, otherwise the Trust would be subject to the order of a United States Court and deemed a "United States Trust".

Our International Asset Protection Trust Package includes a Hong Kong Company as Trustee. As a transparent yet "low regulatory" jurisdiction Hong Kong affords the trust and the trust assets a great deal of privacy since there is no registration of or Government access to your private trust documents.

The Beneficiaries:
The Beneficiary is the third party for whose benefit and profit the trust asset is held and managed by the Trustee. The Beneficiary or Beneficiaries may be either specifically named in the Trust Deed or may be a sufficiently defined group of persons (for example “all children and grandchildren”). The Trust may also be created for purely charitable purposes. In the Bahamas, (a primary factor in selecting the jurisdiction), the Settlor of a Trust may also be named as the Beneficiary: So even though the Trust is irrevocable, a distribution of Trust Assets may be made to a Beneficiary, whom was the original Settlor, effectively returning the asset to the original owner.

The effectiveness of an asset protection trust is contingent that the trust is maintained as "Discretionary", with the Trustee having the ultimate final word with regard to the investment of the trust property and the size, timing and destination of any future distributions made.  Your "estate planning" should include naming multiple Beneficiaries including international charities, giving the trustee wide discretion, so you may appear in a United States Court and swear under oath that you do not own or control these assets (held in trust).

In the Bahamas, (a primary factor in selecting the jurisdiction), the Trust Documents are not recorded or registered in any way. The Trust Deed is a confidential document. Additionally, the Settlor of a Bahamas Trust (unlike most U.S. Trusts) may also be named as a Beneficiary, so if you choose this option, even though the Trust is IRREVOCABLE, a distribution (return) of Trust Assets may be made to you as a beneficiary.

The Protector:
The Protector is an essential component of the Bahamas International Asset Protection (Legacy) Trust. The function of the Protector is to supervise the Trustee, thus providing additional assurances to the Settlor that the trust assets are properly managed. The function of the Protector may legally be undertaken by the Settlor or by a beneficiary, although, for asset protection purposes, this is NOT recommended. The Protector may be your trusted advisor or an optional OFFSHORE NOMINEE (International Protector - additional US$1000 yr.) so that a united states court of law (or your home Country Courts) may not excerpt power over it. Having an International Protector provides for Bullet Proof Asset Protection.

To this end the Bahamas International Asset Protection (Legacy) Trust Package includes an (optional) International Protector, so that a United States Court may not exert power over it. The Protector is essential as it accepts instructions from the settlor and has the ultimate power to remove or replace the trustee.

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The information contained herein is believed to be accurate. It is provided with the understanding that the publisher,
The Company, is not engaged in rendering legal or accounting services. The Company is not affiliated with any Bank. The Company is not a law firm or Certified Public Accountancy or Chartered Accountancy firm. As always if you need legal advice consult with an attorney or a solicitor. If you need tax advice consult with a Certified Public Accountant, a Tax Attorney or a Chartered Accountant.

Business incorporating and ancillary services are provided by “Approved Service Providers” in various jurisdictions including Hong Kong S.A.R., Republic of Panama, Belize,
St. Kitts & Nevis, Nevada U.S.A. and Wyoming U.S.A.

All prices are listed in United States Dollars (USD).