EU asset protection

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adriatique

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Jan 3, 2020
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Hi everyone,

I have a company in the EU which is currently owned by me personally and I'm looking for the most cost effective way to protect my ownership from creditors, lawsuits, etc. The country in question has civil law.

Based on the data I've seen, most people in my country use a Panama foundation or a Liechtenstein trust (although I've seen a foundation being used as well).

I've also heard that a Cook Islands trust is absolutely the best and most secure asset protection solution in existence.

Please let me know your thoughts on this. Thanks in advance.
 
adriatique said:
adriatique said:
I have a company in the EU which is currently owned by me personally and I'm looking for the most cost effective way to protect my ownership from creditors, lawsuits, etc. The country in question has civil law.
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Who will be facing creditors/lawsuits you or the company?

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Please note my posts should not be taken as financial or tax advice. Please seek professional advice in that respect.
 
Lawsuits because of what? What is the activity of the company?

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Admin said:
Admin said:
What is the activity of the company?
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enterprise software development & real estate holding. I assume it would be in my best interest to split this into two limited companies.

I want to avoid the following:
1) someone suing my company and getting ahold of my real estate which is on the company books at the moment
2) #metoo bulls**t (living with someone for 3 years or more counts as marriage)
3) someone suing me personally and confiscating my company shares
 
Then you want to setup a Dutch STAK Foundation and let it be the shareholder of the company and problem solved.

Read more about it here

Dutch Stak Structure ”“ TBA & Associates

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andres33 said:
andres33 said:
@martin, do you consider better a dutch stak than a Liechenstein foundation?
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Depends if you want to stick with an EU or non-EU solution.

andres33 said:
andres33 said:
Do you know if stak structure need substance?
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Every structure needs substance in 2020.

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What do you guys define as "substance" in 2020? just for all the guys around here who don't know what you mean 😀

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Admin said:
Admin said:
What do you guys define as "substance" in 2020? just for all the guys around here who don't know what you mean 😀
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Basically no letter box company.

In Netherlands for example for a company to be considered tax resident it would need to meet at least the following. You can't just setup a Netherlands company while living in i.e France and call the company a Dutch company for tax purposes if it does not meet the following at the very least. The company without the following would be tax resident in France and they will inform the other tax authority of this...lol.

  • At least 50% of the members of the board of directors, with a right to make decisions, live or factually reside in the Netherlands;
  • The directors residing in the Netherlands have sufficient knowledge to perform their activities in their capacity as a director of the Dutch company. The company has the adequate personnel (either of its own or from third parties) for the adequate execution and registration of the transactions;
  • The (most important) board decisions are made in the Netherlands;
  • The (main) bank account of the Dutch company is in the Netherlands;
  • The bookkeeping of the Dutch company takes place in the Netherlands;
  • The Dutch company has (at least up to and including the moment of filing the APA/ATR complied with all its tax obligations;
  • The Dutch company has its registered address in the Netherlands, while the company is, according to its best knowledge, not (also) a resident of another jurisdiction for tax purposes;
  • The Dutch company's minimum equity is adequate in relation to the functions performed (taking into account the risks assumed and assets used).

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Well those rules don't seem so harsh, especially if the BV is just used as a holding. It's not like you will have employees in the Netherlands
 
Thank you @Martin Everson it's a pleasure to have you here to contribute with your knowledge thu&¤#

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Hi,

Jurisdiction is important however even more important is how asset holding/protection vehicle is structured. In any case asset protection (from potential creditors) works only you don't have any claim at the moment you contribute assets to the structure. Otherwise, in most countries such transactions would be considered as artificial (actio Pauliana claim).

In my opinion, a properly structured irrevocable discretionary foundation in Liechtenstein is the best asset protection vehicle, but it depends on many factors. Also, unit-linked life insurance solutions in Switzerland are extremely solid asset protection vehicle (if you are not US citizen since they try to avoid working with US citizens).

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adriatique said:
adriatique said:
Hi everyone,

I have a company in the EU which is currently owned by me personally and I'm looking for the most cost effective way to protect my ownership from creditors, lawsuits, etc. The country in question has civil law.

Based on the data I've seen, most people in my country use a Panama foundation or a Liechtenstein trust (although I've seen a foundation being used as well).

I've also heard that a Cook Islands trust is absolutely the best and most secure asset protection solution in existence.

Please let me know your thoughts on this. Thanks in advance.
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Avoid Liechtenstein, it is a grossly corrupt jurisdiction probably the worse one, run by a dictatorship and the courts have defended trustees who stole from the beneficiaries of a billionaire and locked them out of their own money, your assets are not safe there.
 
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