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Asset Protection with an offshore company, how is that possible?

megamath

Corporate Services
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Jan 6, 2009
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Asset Protection with the majow players in the field of offshore company formation, you need to investigate and research to find the right service for your needs.


I just read a lot about Offshore companies at the moment and all the up's / down's what hit me in the face was Asset Protection Offshore.... now, I wonder how it is possible?


What is the meaning with asset protection and why is it more secure and save to have your assets in an Offshore Company rather than in a local company or keep them personal.


Since I'm in the process to incorporate a offshore company I would like if this is something I should option in for.
 
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Well, there are many ways to protect your assets and equity in a Offshore company, even if you live in a country where it is prohibited to have your assets in an offshore jurisdictions without informing the local tax authorities.


However, the quick answer is, you will need to have a little company structure setup, beginning with an offshore company outside of the EU and US territory (last one only applicable for US citizens), like the Seychelles and Belize, make this company a Holding company, now register a Cyprus company which will be your second Holding company simply just in the EU (only applies if you are doing business / profits within the EU) now you will have your Cyprus Holding Company to register a trading company which will be the “face” towards your business partners and customers, additionally you can register a local company in your home country with the Cyprus trading company or Cyprus holding company if you like, now when you start making profits / doing business or investments, all your money will go to the companies behind the trading company, no one will be able to touch this money if done right. Further for your asset protection you can simply start selling your assets to the trading company and from there move the up in the top company, this can be copyrights, patents, physical goods and stuff, licenses, Royalties etc. once they are up in top level company, they are protected and your good.


Note this is not a legal advice nor is it the detailed version or should be seen as a detailed version of how to make something illegal. It is just a way to protect your assets offshore!
 
Basically it is very simple to protect your assets and equity by a simple offshore structure, many are doing it in the way as described above, first have an offshore holding company and then a offshore trading company, the Seychelles is a common place to start building a offshore company structure as well as Belize and BVI are.


The most important to note is that you will need to have legal documents on the assets you move to the offshore companies, those documents should at a minimum be created by a lawyer and best would be also to have them notarized to prove stamp they are legit.


In regards to Cyprus, I would recommend to have you assets in a Cyprus holding company if you want your offshore structure build within the EU, since it gives a way better protection towards your assets and equity than any local holding company.
 
Just noticed there is a new blog post here about Asset Protection offshore, take a look now while we started this dicussion:


/forum/f5/asset-protection-offshore-company-8933/
 
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Some useful information I found


There are folks out there who smartly use our legal system to invent methods to find and seize your money and property. We call them pro takers. This is the fact : pro takers chase down and corner folks with vulnerable assets. While some of the pro takers might be clear like creditors, the plain truth is many of them are a little nearer to home. Families may not talk to each other for years over money. Business partners have utterly broke corporations to stop each other from getting at assets.


Opportunistic employees have sued firms over tiny, trivial things only to come up with a huge pay day. Even if you've got the best aspirations you are certain to meet pro takers and scatterbrained court actions in your lifetime.


They works to make tactics to stop them in their tracks by making it too tough and too pricey to take your assets. What we are doing is legal, tested, and it works! Simply said Asset Protection keeps your valuable assets ( business, savings, house, automobiles, stocks, bonds, for example. ) from creditorslegitimate or otherwisethat need to legally nab them from right under your nose. As you look thru the arena of Asset Protection, you'll find a maze of related subjects. Customer beware, we've all heard this statement before, but it is never been more suitable in the world of asset protection. Read more While it's correct, there are lots of tactics to line up asset protection plans, it's vital to use extreme carefulness when navigating thru the options and chances. They was born out of the concept that regular folk need correct Asset Protection at an inexpensive price. Defending assets has traditionally been considered as something for the super rich. That was before group counsels and their flighty suits. They brings the same tested technology till just recently, reserved for the super rich. It is now open to you at a fair price. We navigate you thru the numerous ideas, concepts, traps, misapprehensions, and obvious wrong ideas. We may debunk all the legends.


Because of the large range of asset classes and asset vehicles, there may appear to be an unending number of chances.


The job of working out which would work best for you may be slightly frightening.


We're going to take this outwardly difficult landscape and make it simple to understand. The actuality is that many systems are unfinished, critically defective, and just plain dodgy advice. At They we're going to sort out fact from fiction. You can sleep at night with the confidence that no They plan has ever been pierced. To gain a good footing on the way in which the best process will work for you, you want a short outline of the guidelines of defending your assets. So how does asset protection work? Rule one : What you do not own can not be taken from you. If that sounds like a troublesome subject, it is. To help explain, the rich control everything and own nothing. It is the same way rich people and film stars have been doing it for some time. With They, this is where the crucial excellence comes in : We use tested, entity formations, like Limited Partnerships and Trusts to guard your assets.
 
Some useful information I found


What are Limited Partnerships and Trusts? Simply they're synthetic folks that are separate from you. Since they're separate from you, then you don't own what's in them, but you do control what's in them. But that isn't the entire story. Selecting the correct jurisdiction, knowing the way to compose a plan that is best for you and to apply the technology to make it all work together may take multiple entity structuring. Let They be your guide.


Rule two : No country in the world mechanically recognizes US judgments. You are doubtless thinking you have to move your assets offshore. 95% of the time your assets will remain in the USA or your place of dwelling. So how is They different to other providers? All we are doing is Asset Protection. Remember, whatever money you have is all you have and all you have worked for. We suspect that anybody with any assets has a clear and present danger. Safeguarding your pot of savings isn't to be treated trivially. You want an extremely specialised company with an internationally famous reputation whose credibility can't be compromised. A company that is not on a commission hunt for your assets.


Our costs are the same if you have just stared amassing wealth or you are in the mega rich class. We are skilled in entity formations that are meticulously made to mend together like the pieces of a puzzle Many firms offer firms, restricted liability companies, and trusts, and so on. We never limit our options for kicking off a fully bulletproof plan.


We are professionals at using technology to craft whatever is important to customise a plan for you. This is where our experience pays off. Rob Lambert, ( Rob Lambert Bio ) founder and CEO has spent the best part of an entire life developing systems and technology to build a bulletproof vest around your assets. He has creatively developed language and scrupulously crafted documents that may pass muster in any court in the land. The procedures we use are quite complicated while the guidelines remain straightforward. This isn't something that you can or should do cost effectively. This is also not something for a doctor. This is really a specialised service brought to you out of the same technology the super rich pay $50,000.00 and for.


"What is asset protection? If you need the technical answer, it is the practice of taking really specialised steps to reduce or eliminate the chance of creditors or other petitioners from having the ability to find and take your assets.


Plain and straightforward : it's keeping others from taking your stuff...ANY of it!".
 
After some carefully researching I found out that to build a secure asset protection for your self or your business you will need a Private Interest Foundation in Panama or the Seychelles, the Seychelles is offering this now and it offers a much better asset protection than Panama does, further a Seychelles Private Interest Foundation has way more options in regards to tax avoidance and the trading between Europe and Asia.


A Private Interest Foundation can almost be compared with a Trust or Vault.


What's a Foundation? A Foundation is a cross-breed between a Trust and a Establishment . Its functions are simply asset protection. It affords this protection by legally owning assets, which can't be attacked by creditors, or scatterbrained legal actions. the Foundation can't conduct daily business, so in the structure that we offer for our clients, the Foundation own Companies which can conduct daily business. The easy way to Build a Foundation To create an Offshore Foundation, a Founder must fund the entity with assets, which are referred to as the patrimony.


Assets can be anything ( property, shares, financial revenues, and so on. ), including present or future assets. Once this has been done the Foundation becomes irrevocable till the Founder dies or alternatively has expressly provided.


Because of this, many offshore backers employ the Foundation as a "will". By so doing, they're guaranteed of their bequests and stop their assets from going into probate.
 
Asset Protection Planning Asset Protection planning is about creating a trustworthy story to hear to a judge or jury, that has as its final result that assets are shielded. There are ordinances, codes, rules, and notices, but all these are applied in the field of particular facts. All of English common law is a collection of stories embodied in the factual recitations of the viewpoints recorded in the law writers. When a lawyer makes her opening statement, lays out the proof, and makes her closing debate, she's telling the tale of that case. When the judge summarises the case in the judgement, he's retelling that story.


Legal action is competitive storytelling based totally on the provable facts. The significance of a good story is emphasised thru this article as being a critical element of asset protection. Having a good story is the root of prelitigation planning. If a reader finishes this article I write here having learned nothing else, he should come away understanding that the documents of an asset protection plan should lay out the facts so that if the plan challenged, a good story can be recited truthfully! Asset protection planning is like writing a script for grand play. Good planning leads to a soppy ending.


The tale must be one that puts the customer on the high road, so that when the judge or jury rules in the client's favor, it'll be because it was actually the only logical and fair conclusion to the tale. An asset protection plan is one that's planned to be seen, and seen enthusiastically, by whatever judge or jury that must appraise it at later. Paradoxically, the tale will never be about asset protection. Though there are heavy exceptions like official exemptions and extravagant trust, the law often scowls on asset protection.
 
fila1 said:
Asset Protection Planning Asset Protection planning is about creating a trustworthy story to hear to a judge or jury, that has as its final result that assets are shielded. There are ordinances, codes, rules, and notices, but all these are applied in the field of particular facts. All of English common law is a collection of stories embodied in the factual recitations of the viewpoints recorded in the law writers. When a lawyer makes her opening statement, lays out the proof, and makes her closing debate, she's telling the tale of that case. When the judge summarises the case in the judgement, he's retelling that story.
Legal action is competitive storytelling based totally on the provable facts. The significance of a good story is emphasised thru this article as being a critical element of asset protection. Having a good story is the root of prelitigation planning. If a reader finishes this article I write here having learned nothing else, he should come away understanding that the documents of an asset protection plan should lay out the facts so that if the plan challenged, a good story can be recited truthfully! Asset protection planning is like writing a script for grand play. Good planning leads to a soppy ending.


The tale must be one that puts the customer on the high road, so that when the judge or jury rules in the client's favor, it'll be because it was actually the only logical and fair conclusion to the tale. An asset protection plan is one that's planned to be seen, and seen enthusiastically, by whatever judge or jury that must appraise it at later. Paradoxically, the tale will never be about asset protection. Though there are heavy exceptions like official exemptions and extravagant trust, the law often scowls on asset protection.
Thank you ofr sharing this with, very interestng reading...
 
This is a nice thread and put some spot on the term Asset Protection which obviously is a term invented by some smart Lawyers and business people, did anyone know that the term ASSET PROTECTION don't even is mentioned 1 time in any law scripts and that there is no University that is teaching in Asset Protection and that this term has been used by lawyers and other professionals for years with a wrong intention!


That said, it is still possible to achieve a good protection of your assets if you plan it well and don't misuse it for any tax avoidance or other criminal activities, it will make it way more difficult for creditors and the like to access your assets!
 
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I don't care if the term "Asset Protection" is one who another law school or University is teaching in, what I care about is protection and anonymity, how it is accomplished doesn't matter just that it is done let me sleep very well when the night fals down.
 
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You should care about it. If someone is using buzz words like Asset Protection to sell you some service you will need to look carefully into this, are they able to offer you a real Asset Protection plan or are they ful of fluff?!


That said, I believe of course you can make a offshore company structure which really will offer you a asset and equity protection, just because of the obvious reason of a Private Interest Foundation which I read much good about..
 
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I understand that asset protection may be a "sales word" but as long as one know what goals he want to achieve I think it is fine, most of the the people looking for a secure and private asset protection are in anyway looking for a offshore company structure.
 
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Has anyone considered a Offshore Holding company in order to protect the companies assets?


At the moment we are investigating on this matters to be able to protect our self and the companies assets, for now we have everything in one offshore company, but still what I'm afraid of is if something goes wrong then our software and trademarks are gone, even if it is difficult for our lenders to get their hands on it we want it to be more secure...
 
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You should always have your licenses, trademarks, copyrights, assets and so on, separated from your trading company, never have everything in one company! This also applies for Onshore companies, you will want to split your business into several companies in order to protect your properties.
 
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according to the forum owners it may be a good idea to have a holding structure, I see a new article they published and also found some infromative information on their website, Asset Protection Offshore | offshore-company-formation the fees are just to high for me... would love to know if it is possible to do this cheaper.
 
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With all respect to the forum owners then they have specialized to setup complex structures establishing a Holding company to have several companies below the holding tree would be too costly and unnecessary for the simple business a offshore company in a protected jurisdiction will give one Cheap at half the price same protection.
 
In matters of asset protection a Holding company is a key instrument, alternatives are Trusts or Foundations most often established in Tax havens like Panama, Seychelles Trust Formation | Seychelles Trust | Foundation | Offshore Trust (found this link), BVI and Mauritius, actually I'm not aware of what possibilities you may find in countries like Cyprus or Malta which have the possibilities to set up Trusts and Foundations as well.


While it is more complicated but still possible to establish a Trust or Foundation than many start with a Holding company which act as share holder in the trading company and as well it the beneficial owner.


We have done this successfully to be prepared for our more risky businesses.
 
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