The new "offshore" accounts. (Vested Interests).Looking to put your money where it can't be touched by creditors? Somewhere really iron-clad like an offshore account? You needn't book a flight to Bermuda, but you do need to be fraud-free (a fairly challenging standard these days, it seems). A little-known asset tool provides the protection of an offshore account, plus, it's legal in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . Known as a self-settle trust, it allows individuals or institutions to name themselves as beneficiaries of their own trust, provided they have no pre-existing creditors and haven't committed fraud to fund the trust. If creditors later come to light, they have four years to contest the funds; beyond that, they're "out of luck," says Daniel Lindley, senior vice president and trust counsel at U.S. Trust Co. of Delaware, who helped draft Delaware's self-settle trust legislation in 1997. If fraud is later discovered, pre-existing creditors have one year to bring suit. The trusts are designed to protect wealth from future liabilities and can be established by out-of-state residents. Three other states, Alaska, Nevada and Rhode Island Rhode Island, island, United States Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. , have legalized self-settle trusts since 1997. Because these trusts are relatively new, they've never been tested in court. But offshore accounts are likewise a gamble, because they're viewed with such hostility by the courts that judges have been known to hold trust beneficiaries in contempt contempt, in law, interference with the functioning of a legislature or court. In its narrow and more usual sense, contempt refers to the despising of the authority, justice, or dignity of a court. , with jail time, for refusing to repatriate repatriate To bring home assets that are currently held in a foreign country. Domestic corporations are frequently taxed on the profits that they repatriate, a factor inducing the firms to leave overseas the profits earned there. assets. Lindley is betting that courts will be more respectful re·spect·ful adj. Showing or marked by proper respect. re·spect ful·ly adv. of domestic trust law.
It's not known how many of the trusts have been established, but Lindley admits his company has set up a "significant" number. CEOs who use their companies as personal piggy banks need not apply, Lindley adds. "At U.S. Trust we're extremely vigilant in reviewing a situation before we'll accept an asset trust, because we don't want to be seen as facilitating fraudulent The description of a willful act commenced with the Specific Intent to deceive or cheat, in order to cause some financial detriment to another and to engender personal financial gain. transfers." |
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