We serve many UHNWI families and do only Cook Islands for them. Here are some reasons"
Building & Managing Generational Wealth Sustainably
- Preferred trust jurisdiction for high net-worth individuals, wealth management and succession planning
- Simplifies complex aspects of trust law while preserving the fundamental advantages
- Introducing innovative and ground-breaking asset protection provisions
- Asset protection of Cook Islands is recognized as the standard for best protection internationally
• Forced Heirship
Trust or settlement cannot be voided if it defeats heirship rights of related individuals
Settlor's capacity cannot︀ be questioned.
• Bankruptcy
Trust or settlement remains valid in the event of Settlor's bankruptcy︁ in their home jurisdiction.
• Spendthrift Beneficiaries
Interests in trust assets for beneficiaries cannot be︂ alienated, passed by bankruptcy, or seized.
• Common Law Rules
Abolishes rules against accumulations and︃ double possibilities. Trustee has discretion to avoid the rule in Saunders v. Vautier.
• Perpetuity︄ Period
Abolishes Common Law rule against perpetuities
Trust can exist indefinitely or terminate based on︅ specified events or dates.
• Fraudulent Conveyance
Establishes rules for determining validity of transfers and︆ protecting rights of potential claimants.
• Burden of Proof
Limits creditor's access to specific settlement︇ assets, not entire trust fund Creditor must prove intention to defraud within prescribed time limits.︈
• Foreign Judgments
Cook Islands courts do not recognize judgments based on inconsistent laws. Claims︉ against trust assets must be initiated in Cook Islands court.
A typical Cook Islands Wealth︊ Protection structure has several components allowing both flexibility and protection:
- Ø TheSettlorestablishesaCookIslandsInternationalTrust.
- Ø A Cook︋ Islands licenced trustee company provides the
Trustee.
- Ø The Settlor and family members can be︌ discretionary
beneficiaries of the Trust.
- Ø A Protector can be appointed to monitor the activities︍ of
the Trustee, and can be granted absolute or veto powers or
a combination of︎ both.
- Ø The Settlor can provide a letter to the Trustee detailing
his/her wishes in️ regards to the investment and
distribution of assets both during and after his/her lifetime.
- Ø The Trust owns 100% of a limited liability company (“LLC”) incorporated in the Cook Islands, or other jurisdiction
appropriate to the client’s circumstances.
- Ø The Settlor, or his representative, is the Manager of the LLC.
- Ø Assets are held and managed within the LLC or entities
underlying it.
- Ø The Trustee is not required to be involved in the
management of the LLC or its assets.
- Ø The Trustee can be granted power to remove and replace
the Manager of the LLC in certain circumstances to protect the interests of the Manager and the assets under his/her control
- Ø The Manager is not personally liable for the debts, obligations or liabilities of the LLC.
- Ø The Trustee is not subject︀ to foreign judgements or forced heirship rules.
Structuring Options
- Purpose trust (charitable or non-charitable)
- Discretionary trust
- Trust with︄ fixed interest beneficiaries
- Any combination of the above
Possible Control Elements
- Protector
-Appointed with powers︅ and functions defined in the trust
instrument
-Not held liable as a fiduciary, unless stated︆ otherwise in the trust
instrument
-Settlor, Trustee, or Beneficiary can serve as the Protector if︇
desired
- Co-Trustee
-In addition to a licensed Cook Islands trust company, an
individual or entity︈ can be appointed as a co-trustee -Co-trustee doesn't require a license in the Cook Islands︉ to
engage in trust company business
- Retention of Powers
-Settlor can retain, possess, or acquire︊ certain powers without
invalidating the Cook Islands International Trust
-Powers can include: Amending or revoking︋ the trust; Disposing
of trust assets; Removing or appointing a; Trustee or Protector; Directing the︌ Trustee or Protector on any matter