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  Site Home › Policies & Law › Legal Issues
   
 

Offshore Asset Protection

   
Author: Peter Emerson
 

Offshore asset protection means the transferal of assets or legal title to assets to a foreign land under different jurisdiction to protect it from creditors. Offshore asset protections are for those who wish to escape their country's legal and tax system. In most cases, offshore asset protection strategy does not offer much legal protection against determined creditors. But, it does discourage creditors to proceed with a lawsuit because of the extra expense and judgment risk. A well-drafted domestic asset protection strategy will also provide the same benefits and it is less expensive.

Few countries are in favor of offshore asset protection, and for a number of good reasons. Their laws are intentionally drafted to protect debtors by overruling settle trust laws. Some offshore jurisdictions provide short periods of statutory limitation, while others have packaged asset protection vehicles. It changes the character of the assets that cannot be legally seized and sold by the creditors. You should be sure about the requirement and obligations for offshore asset protection. Before deciding on overseas protection, you should seek advice from your attorney.

It is necessary to have a complete plan in order to make offshore asset protection financially effective, tax-complaint and judicious. There are countries that will challenge the offshore jurisdiction, and obscure laws that could put the debtor in prison. Some people feel offshore asset protection is safer and more secure than any other protection. The fact is most countries have laws to nullify the transfer of assets to any foreign jurisdiction.

 
 
 

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