Offshore Asset Protection Structures

Self-Settled Asset Protection Trusts

Jurisdictions including the Cook Islands, Nevis, Belize, and the Cayman Islands permit the settlor to also be a potential beneficiary of the trust while benefiting from strong statutory protection against foreign creditor claims.

Fraudulent Transfer Limitation Periods

Offshore jurisdictions impose short limitation periods (typically one to two years) within which a creditor must bring a fraudulent transfer claim to set aside a trust. Once this period expires, the assets are effectively protected.

Protected Cell Company Structures

PCCs allow assets to be segregated into separate protected cells, each ring-fenced from the liabilities of other cells and of the core company. This provides robust asset segregation within a single legal entity.

Timing of Asset Protection Planning

Asset protection structures must be put in place before a claim arises. Planning undertaken after litigation has been threatened or commenced may be challenged as a fraudulent transfer. Neptune Fiduciaries Group advises on proactive rather than reactive planning.