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Offshore Asset Protection Trust

June 11, 2007

Filed under: General Financial Articles, Trusts — Alexander J. Hay III @ 4:31 am

An Offshore Asset Protection Trust is a trust agreement that is entered into by a Domestic Individual who is interested in protecting his or her assets (complex asset transaction) from liability by using the Trust Laws of an “offshore” country, such as Belize. This Trust is usually established with the Domestic Individual, hereinafter referred to as the “individual”, named as Beneficiary of the Trust in order to receive funds and other benefits from the trust. The individual is sometimes named as Trustee, and where available Protector of the Trust, giving the person complete and total control of the Trust entity and the assets held therein. There is usually a “triggering event” clause that results in the individual being automatically removed from all positions in the trust if the individual ever becomes liable to any third party, thereby making it legally impossible for the third party to force the individual to hand over funds in the trust by various legal orders and/or injunctions. Since the individual no longer has any authority over the trust or its assets, it has no power to deliver the assets of the trust to third party creditors.

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