There are three basic elements of a true “offshore” asset protection plan: (i) the legal structure (trust or business entity) must be formed outside the U.S. in a safe jurisdiction; (ii) the assets have been successfully migrated to the offshore legal structure; and (iii) legal control of the structure must be vested in persons or trustees who are not subject to U.S. jurisdiction.
The Swiss Hybrid Trust: A Primer
The Swiss Hybrid Trust constitutes an asset protection vehicle unattainable in any one jurisdiction alone.
Convoy Collateral v. Broad Idea et al.: Going Beyond Anton Piller Orders
The Court of Appeal of the Eastern Caribbean Supreme Court has recently issued a ruling expanding the power of the courts in the British Virgin Islands to issue injunctions in support of foreign proceedings, including injunctions directed at third parties who are not subject to any substantive claims (known as “Chabra” orders). Notably, this relief may be granted even if …
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