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Offshore company or Offshore Trust what do I need?

It depends very much on what your goals are, why will you want a Trust or why will you want a offshore company?


If the goal is a high level of privacy protection a offshore Trust in 1 jurisdiction and a offshore company in another offshore jurisdiction may be the choice, the Trust will own the company! Make sure it is correct structured and that you choose a offshore jurisdiction who don't have signed too many TIES and DTA's etc.
 
Moh1 said:
Not many need a trust! you will be fine by forming a offshore company in some of the offshore jurisdictions which still provide a extensive privacy!
Very true:tongue: I figures out that we can use the cclogic trust to accomplish our offshore set up. Thanks anyway for all your replies.
 
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Let me know if there is anything you need in order to proceed.
 
Do you actually know what a Trust is about? :eek:mg:


A offshore trust or just trust is an important, useful, and legitimate vehicle for the transfer and management of assets. Trusts provide an effective mechanism for managing assets given to minors, individuals who are incapacitated, and others who are otherwise inexperienced in financial management. Trusts can also be used to promote charitable purposes and for estate planning. In addition to personal and financial planning, trusts are increasingly used to structure corporate transactions, such as securitisation programs, and employee benefits programs, such as pension schemes, international employee stock option plans, and compensation structures.


The concept of "trust" originated from the English common law and today, trusts are used primarily in common law jurisdictions. The trust is a vehicle that provides for the seperation of legal ownership from beneficial ownership. to establish a trust, the trust creator (the "settlor") transfers the legal ownership of a property to a person or corporate entity (the trustee). The trustee holds and manages the property, in accordance with the provisions of a trust deed, for the benefit of the benficiaries, who are identified in, or ascertainable from, the trust deed.


To create a valid trust, the settlor is required to give up control of the assets he has transferred to the trustee!. In turn, the trustee is obligated to observe the terms of the trust deed and has a fiduciary duty to act honestly and in good faith in the best interest of the beneficiaries or, in the event there are subject to limitations on duration, the terms of the trust are fixed, and trustees cannot be removed without a legal challenge. Lastly, the traditional trust could only benefit individuals or charities and could not be used to delay, hinder, or defraud creditors.


However, that said, trusts can also be misused for illicit purposes as with other types of corporate vehicles. Part of the attractiveness of misusing trusts lies in the fact that trusts enjoy a greater degree of privacy and autonomy than other corporate vehicles. Given the private nature of trusts and the fact that trust is essentially a contractual agreement between two private persons, virtually all jurisdictions recognising trusts have purposely chosen not to regulate trusts like other corporate vehicles, such as corporations. This also means that, unlike corporations, there are no registration requirements or central registries and there are no authorities charged with overseeing trusts. In many jurisdictions, however, the trust deeds of charitable trusts are enforced by the attorney general or an equivalent authority. In most jurisdictions, no disclosure of the identity of the beneficiary or the settlor is made to authorities. This apply for the offshore jurisdictions Seychelles, Cyprus and Belize.
 
For some it may be better to register a Trust for instant in the Seychelles and then register a Cyprus company for trading purpose and let the trust take ownership of the Cyprus company, for others it may work with just the Cyprus company or a trading offshore company in another offshore jurisdiction ie Seychelles, Belize, BVI, Mauritius, Panama and so forth. For others again it may be need to have a trust to be paramount.... it all depends on what your aim is.
 
Indeed it was a well written explanation of what a Trust is :)