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Choosing a Jurisdiction

The choice of jurisdiction in which to establish a trust should be governed by which offshore jurisdiction is best going to serve the administrative, financial and asset protection objectives of clients and should have the following characteristics:
  1. Political stability.
  2. A government committed to the close regulation and supervision of licensed trust companies which offer trustee services;
  3. A history of respect for the rule of law;
  4. Good telecommunications and infrastructural services;
  5. The absence of any exchange control;
  6. Experienced professional practitioners and internationally recognised trustee companies;
  7. A tax free jurisdiction for non-resident beneficiaries; and
  8. Trust laws that appropriately and effectively protect trust assets from attack.

Both the BVI and Nevis emerge as very good options for an offshore trust and either jurisdiction can be utilised appropriately, depending on the specific needs of a client.

Trusts have been used since medieval times for various purposes, including asset protection, so as to protect those assets for future generations.

The British Virgin Islands is regarded as one of the more traditional offshore trust jurisdictions and this was a conscious decision taken when the legislation was reviewed in 1993.

Nevis, on the other hand, has enacted specific legislation to enhance the asset protection features of Nevis Trusts and is regarded as a world leader in this area.


AMS Trustees Limited
Sea Meadow House, Road Town, Tortola, British Virgin Islands
Tel: (284) 494-3399 - Fax: (284) 494-3041
E-mail our Trust Deparment

 

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