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It has come to our attention that the USA is starting to treat “Bank Reference Letters” as “Suspicious Transaction” events that require reporting to the USA government. Read more here...
Introduction – Trust Agreement Banking (aka signatory service) is a method of keeping your name off of the banking records. Unfortunately to do this means you have to turn over 100% control of your funds to a third party who acts as the signatory at the bank. The bank does not know who you are. In spite of any written agreements with any signatory, you will not be able to go to the bank and obtain your funds. This is referred to by different names. It can be called International Trust Agreement Banking, Trust Agreement Banking or a bank signatory service. No matter what they are called you lose control over your funds at the bank. You are forced to trust a third party with your money. The fees are generally 2% to 3% of the money placed into such a scenario. They usually have additional charges for wires and other administrative work necessary. Let's see how effective these sort of structure are when it comes to balancing asset protection with risk of loss of funds.
Information Requests – If there is a request for information from a government it will eventually go to the person signing on the bank account. If he says he is signing for someone else he will be asked who? If he refuses to disclose the client the account may be closed by the bank and the funds seized by the banking superintendent of the country the bank is in. The signatory could also be held responsible for the funds in the account he signs on if he does not disclose the client. Most jurisdictions require the lawyer or accountant to reveal they are signing for another person and who that is with their ID. If the funds were illegal gain this could mean prison for the signatory person. The signatory has no idea where the funds came from and he is most likely not going to be happy fighting any government requests for information and exposing himself. Your choice may very well be reveal your identity or lose the funds. It could be worse if the funds were of a criminal origin.These sort of structures make the layperson think they are more secure than they are.
Signatory Initiated Problems – Most of these trust agreement signers or signatory services have multiple clients. Some may have over 100. They generally keep their clients in one or two banks which they are familiar with. In the event one of their clients has questionable money that bank account will be frozen pending an investigation. The bank will then most likely freeze every other bank account that person signs on which will include your bank account. They could also audit all the other accounts and want the ID on all the clients. What they will do with that information is speculative but rest assured one option is to turn the records over to the home country of the client. To make it worse the client will not be told any of this happened. The fact that the signatory uses different corporations, trusts or foundations will not affect these negative scenarios. The bank will freeze every account he signs on. Now how do you get your money back? How long will it take. What about disclosure and due diligence? What about legal bills? See the problems. This scenario looks attractive but it can easily turn into a disaster. This is one reason why you see precious few people in this business.
Trust Agreement & Signatory Service Alternatives – As you can see the Trust Agreement or Signatory Service is not much of a valuable asset protection structure because you are trading one set of problems for another set of problems that could prove to be worse. Trust agreement banking, international trust agreement banking and a signatory service are essentially the same thing. The risks are high, the fees high and well anything works if there are no inquiries but if there are inquiries the result could be doom and gloom. You can have your funds frozen for something someone else did just because they happen to be a client of the same service you use! The Belize Trust is a serious asset protection alternative that is more effective, see below.
Belize Trust Banking – The Belize Trust is immune from the decisions of foreign courts (non Belize) as long as the assets are located in Belize. This is printed in their laws and we have links to these laws on our Belize Trust webpage:
Belize Trusts and Belize Bank Account
Belize Trust Asset Protection - Your assets in Belize would be protected against civil judgements, divorce actions, fraudulent conveyance, bankruptcy etc. Fraudulent conveyance is the removing of assets from the reach of a creditor. This is the catchall that is frequently used if funds are chased offshore. Chasing funds offshore is rarely done. The chances of success are poor at best and the costs are very high.
There would be no ability to execute a foreign court decision against your assets in Belize that are owned by a Belize Trust. This scenario works if there is a corporation that has a bank account in Belize that is in turn owned by the Belize Trust making the corporation and its bank account an asset owned by the Belize Trust. Belize has no Tax Information Exchange Agreement with the USA. This is the best trust and only one protecting against fraudulent conveyance. Other trusts and Panama Foundations do not offer such protection.
The Nevis LLC - We combine the Belize Trust and Belize bank secrecy with the Nevis LLC Corporation. Nevis does not even maintain a public registry for corporations and you are not listed as an owner of the corporation anywhere in Nevis. Your financial enemies will not know this. If they try to bring an action in Nevis to discover ownership or something else they will have to post a $25,000 cash bond to the Nevis court which they will most likely lose. They would also need to send their home country lawyer to Nevis to work with the Nevis lawyers which would be expensive. IN general they have no legal basis for brining the action in Nevis. The government of Nevis does not know that you own the LLC. You can learn more about using Nevis LLC corporation in Belize here:
Now you have strong statutory asset protection, anonymous corporations, bank secrecy, complete control over your funds and no percentage fees to pay to any signatory service. Additionally you have peace of mind since you are in control and do not have to be concerned about what sort of problems other clients of the signatory service may create for the signatory service that spill over onto your money. Which do you think is a better solution?
Belize Trust, Nevis LLC and Trust Protector and Distress Clause - Now we can take this to a much deeper level of protection and still keep you in control of your funds to an overwhelming extent. This is for people who are anticipating attacks from financial enemies. Let us explain how this is done. This is going to be hard to follow but rest assured you can always call for a better explanation.
The Nevis LLC - We form a Nevis LLC corporation. Nevis has no public registry for corporations. This helps a lot. If one wishes to bring suit in Nevis to determine ownership of a Nevis LLC corporation they would have to post a $25,000 cash bond with the court in nevis. Your name is not listed as an owner of the Nevis LLC (it is a bearer share corporation) anywhere in the nation of Nevis. They would more than likely not win unless you have a physical presence on Nevis or if the plaintiff was a Nevis citizen you did business with. It is fairly safe to rule both of these out since Nevis is a very small Caribbean Island. In addition to the $25,000 cash bond they would need to also hire local Nevis lawyers. So now they are paying lawyers from the home country and from Nevis. This is expensive with a dismal chance of your financial enemy winning. Their case will be normally be lacking jurisdiction, authority and venue. To learn more about the Nevis LLC follow the link below but please bear in mind the Nevis LLC is going to be banking in Belize, not Nevis.
Nevis LLC and Nevis Bank Account
The Lawyers Representing the Other Side – Please bear in mind this is a highly effective structure but also complicated. The hidden benefit is that the lawyers of your financial enemies are going to go crazy trying to figure this one out. When lawyers do not understand the case parameters they charge the client more money. This often makes the client go away and problem solved or they get paid very well to try and understand it. Do bear in mind if the lawyer spends a lot of his clients money chasing you and fails to get a recovery for his client he can be in trouble. The client can sue him for wasting the clients money in an area of law he clearly knows nothing about. Lawyers have deep pockets in the form of malpractice insurance so they are a target themselves. We are trying to frustrate any lawyers pursuing your assets.
The Nevis LLC Belize Bank Account - The Nevis LLC then opens up a bank account in Belize. What is done is you are the signatory on the bank account along with another person. Both of you need to sign on a transaction, not just one. For online banking transactions like outgoing wires, both of you would need to enter your different pass codes. Now we introduce the Belize Trust. To learn more about the Belize Trust and read the Belize Trust laws go here:
Belize Trusts and Belize Bank Account
Belize Trust & Asset Protection Features - The assets of a Belize trust are exempt form the decisions of a foreign (non Belize) court including divorce, civil judgments, bankruptcy and fraudulent conveyance. Fraudulent conveyance is the act of removing assets from the reach of a creditor to avoid them recovering the debt. Only the Belize Trust protects against this. This is the favorite tool of the collection lawyer attacking assets offshore but it is not effective as a remedy for your financial enemies in this Belize Trust scenario. Now remember we had the Belize bank account opened in the name of the Nevis LLC. So what is done is we title the bearer shares of the Nevis LLC over to the Belize Trust making them trust assets. The trust does not have a bank account because the banks will want the trust to be structured in such a way as to compromise the asset protection value of the trust. Since the Nevis LLC is owned by the trust, the bank account belongs to the trust anyway.
Trust Protector – The Belize trust can have a protector. This is optional. The protector is a person who must approve any and all transactions concerning the trust. This may include, sale of assets, banking transactions, sale or acquisition of real estate etc. You can design what the trust protector agreement covers. The general idea is that the trust protector acts in the best interests of the beneficiaries of the trust. Now this trust will have a protector. This protector is the second signatory on the bank account, same person mentioned up above. This can be a spouse, a child, a parent, a friend, a relative or any trusted person. This is not like trusting a strange lawyer or accountant in the signatory service business. Now the protector is governed by a distress clause built into the trust. The distress clause can state that if you are in distress like you are being sued, divorced or are disabled the protector shall not authorize any bank transactions until there is proof that the distress has been resolved or removed. This can all be spelled out in detail. What constitutes distress and removal of the distress can be stated in the protector agreement. The protector agreement is not a public records document.
Repatriation of Funds - This protects you from a home country judge ordering you to repatriate (legal term meaning return home) the money back into the jurisdiction of the court so the judge can grab the money. The distress clause concept creates a scenario referred to as plausible denial. You no longer have complete control over the funds and cannot comply with the court request to return the money to the jurisdiction of the court. There are no legal grounds to convict you of contempt for disobeying a court order you cannot possibly comply with. What the judge will do we do not know but if he issues some sort of order and tries to attach, lien or levy the bank account in Belize directly it will fail. This is because the assets of a Belize Trust are exempt from the decisions of a foreign (non Belize) court.
Protecting the Protector – To keep the protector of the trust insulated we add other measures into the protector agreement. We state that the protector will be subject to a $1,000,000 penalty for violating the terms of the protector agreement. This would apply if he allowed the funds to be transferred out of the bank account before the distress was removed. This will create immense difficulty for the lawyer of your financial enemies to put any sort of pressure on the protector. He has the damages clause to hide behind. The lawyer pursuing your assets is going to be greatly confused. The protector is not a party to his case and the lawyer will be greatly frustrated when confronted with this. This means his fees go up and he will try to get his client to settle with you cheaply to get out of this situation. Please bear in mind getting a cheap settlement is often a good solution.
This is a fairly complicated yet extremely effective solution. Please feel free to ask us questions by voice on Skype or by phone.
Time Frame Required – Three weeks for all.
Fee – The fee is $6000 for the Belize Trust, the Nevis LLC, the bank account in belize for the Nevis LLC and the special protector agreement with the distress clause. Please do ask us to send this to you before payment. The distress clause and protector agreement are to a good extent custom made. It also covers your beneficiary agreement. You can be a beneficiary or the trust or may elect to not be a beneficiary. A corporation and/or another trust can be the beneficiary of the trust in place of or in addition to natural persons.
Due Diligence – We need a notarized copy of a utility bill showing an address. We need a notarized copy of the picture page of a passport. We also need a reference letter from a lawyer or accountant on a letterhead. These can initially be sent as scans in an email attachment.
Feel free to call, Skype of email to discuss this or any asset protection needs with us.
Order – To order please go to our secure encrypted online order form
Questions – Feel free to contact us for questions or more information
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*Offshore Legal Associates Law Firm.We have no legal ties or associations with any other law firm or corporation with similar or like sounding names anywhere and should not be so confused with any other entity having a similar or like sounding name.