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We see web sites out there offering offshore services like assisting with bank account openings that offer to be the signer on the account for the customer. This frequently results in trouble for the customer. Let us discuss this in detail.
Trust Agreement – The correct way to do this is to enter into a formal but secret Trust Agreement. The law firm is generally the Trustee and the client is the Trustor. The law firm in Guatemala performs this service for clients. Under the terms of the agreement the client has a corporation which is anonymous in that no one can look up who owns the corporation and see the clients name anywhere. This corporation then gets a bank account in Guatemala with the law firm acting as the signatory so the bank does not know the clients name at all. The account an have online banking and an ATM debit card and/or secured Visa card.
Attorney Client Privilege - This is often a big missing piece of the asset protection structure. These people acting as a signatory must be lawyers and there needs to be a trust agreement in place protecting you. Only a lawyer can offer you privileged communication. A non-lawyer signatory is free to do whatever he or she wants with the information they have about you and your affairs. It is also easy to obtain records from them by court order since there is no attorney client privilege being violated. Is the signatory really going to go out and hire a lawyer for thousands of dollars to defend your privacy?
Embezzlement - Scary but can be a problem. Who is the person you re dealing with? If they are not lawyers who are they? Why will they not steal your hard earned funds? What if the signatory arranges for the online bank access to be obtained by someone who depletes the account by wiring funds to Vietnam or Nigeria and then the signatory claims he has no idea what happened. Maybe he got hacked. There is no trail to him so what are you going to do? With our situation you would have the online banking access and then immediately change the password so only you have it, no one else. This is not the time to be going back and reading the agreement you signed with them for the first time. You’ll find they have no liability unless you can prove they were the thieves. You are not dealing with a lawyer; you are dealing with a broker of corporations located in some offshore island jurisdiction. Want to go there and sue them? Think you’ll win when you signed their documents?
If you are interested in signatory services the fee is $4995 for the corporation, trust agreement and bank account. The bank is in Guatemala and has $75 Billion in assets. There is an additional charge of 3% of all the monies entering into the account. There is no tax on offshore income in Guatemala. In Guatemala the attorney client privilege is extremely strong, practically sacred. Guatemala has excellent bank secrecy. You do not have to come to Guatemala but if you wish to come, welcome.
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