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What exactly is an offshore trust? It is very much like a traditional onshore trust, with the except that it has the benefit of being held at an offshore financial centre. In the same respect as a normal trust, offshore asset protection is a great method of protecting your assets. It is an arranged entered into by a person (or by a group) known as the ‘Trustee’ and a distinct person or group of people known as the ‘Settler’, by which provisions are made in a binding, legal form known as the ‘Deed of Trust’. Foreign ‘Overseas Trusts’ are formed in order to hold the title assets, funds and/or property and to manage these assets in accordance with the deed of trust. Subsequently, these offer offshore trust benefits and distributions to a person or a group of persons known as the ‘Beneficiaries’ of the trust fund. An offshore trust had the extra benefit of far larger offshore asset protection than the onshore kind.
The trustee and/or the offshore trust company entrusted with the management of the trust are bound by a fiduciary duty to uphold the agreement, and they commit to the requirements set out by the deeds of the trust. Simply put, Offshore Trusts offer complete and absolute confidentiality. Assets and title to property, for example, are put into the trust and trustee to manage totally. This gives them total privacy as it is possible to find out the owner of the assets and the relevant benefit of this is the additional pro of absolute protection from liability. This is the process by which offshore asset protection can be set in stone and doubly secure.
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Tuesday, 28 July 2009 10:24 |
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Jurisdiction issues
Offshore law firm Mourant du Feu & Jeune has established the first two Foundation structures in Jersey, on the first day the new law came into force in the Island. Giles Corbin, partner and head of the firm’s Trusts practice, Simon Gould, partner and head of the Financial Services team, and associates Katharine Skulski and Craig Swart advised on the establishment of the first Jersey Foundations. Jersey’s new Foundations law came into force on Friday 17th July, having been approved by the Privy Council in June, making it the first Crown Dependency to offer Foundations. The new law has been welcomed as a positive step in affirming the Island as a leading jurisdiction for private wealth management business. |
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Written by by Rod MacDonald, Marketing Manager, CMI
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Tuesday, 03 March 2009 10:42 |
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Clerical Medical International (CMI), based on the Isle of Man, is a life assurer specialising in offshore bonds, pensions and investments. |
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Written by M. S. Shabbir, Managing Director of SenSage Financial Services Pvt. Ltd., Hyderabad, India
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Thursday, 26 March 2009 15:07 |
India has finally woken up to the demands of the country’s largest ethnic group by giving a stamp of approval to the Benchmark Mutual Fund’s Shariah BeES, the first exchange traded fund (ETF) in India benchmarked against the S&P CNX Nifty Shariah Index.
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Written by Charles Lewis Sizemore, CFA Chief Investment Officer, Sizemore Capital Management LLC
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Tuesday, 03 March 2009 10:17 |
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In last month’s issue, Stephen Platt, Chairman of the BakerPlatt Group, penned a thorough article on the proposed “Stop Tax Havens Abuse Act.” |
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