Access to Assets and Information of a Bermuda Asset Protection Trust
Michael J. Mello, Q.C., J.P., T.E.P. · October 6th, 2006
Introduction
- Selecting an offshore jurisdiction
- Defensive offshore legislation
Access by Creditors - The Bermuda Position
- Fraudulent dispositions – the problem
- Fraudulent dispositions – the solution
- Striking a balance between settlors and creditors
- The 1994 Amendment Act
- Non-recognition of foreign forced heirship rules
- Insolvency
- Enforcement of foreign judgments in Bermuda
- The statutory position
- The common law position
Access by Creditors - The International Positions
- Location of trust assets
- Residence of debtor
The Consequence
- Waning attraction of the offshore APT
Recent Developments Affecting Offshore Jurisdictions
- Criminal tax evasion
- U.S. - Bermuda Tax Convention
- Co-operation in foreign criminal investigations and proceedings
- IRS Withholding Rules
Conclusion
General Information about Bermuda and Its Trust Law
- Location and accessibility
- Background and legal system
- Development of trust law
- Legislation
- Types of trusts and their uses
- Beneficiaries access to trust documents and information
Request to have this publication sent to you. In the "message" field, please include the title of the article you are requesting and your preferred method for delivery, either CD format by mail or PDF format by email.