By Jonathan Curshen -
In most asset-haven countries, very little information about an APT is registered with the government. The actual terms of the trust agreement and the parties involved need not be disclosed. Most of the registration information filed is not available to the public. If there is any public record, it may be no more than a registry of APTs by name, date of creation and the name of the local trustee. This does not reveal the trust grantor or the beneficiaries. In these privacy conscious countries, a trustee is allowed to reveal information only in very limited circumstances, and then, usually, only by local court order.
The most worrisome issues for most would-be APT grantors are safety and security, the prospect of physical distance between them and their trust assets, and between them and the people who manage those assets. It's a justified concern that can be lessened by choosing reliable professionals to create and manage your trust. In addition, policies that insure against fiduciary fraud are available.
As mentioned, by definition, each asset haven country has a developed legal and banking community with extensive APT experience. Nevertheless, this is a situation where references are in order, each and every one to be checked carefully before a final decision on choosing anyone for a role in your APT's creation and/or operation.
Because the international asset protection fraternity is relatively small, any of the recommended attorneys listed at the end of this report can give you a reliable estimate of the various tax haven nations and individual professionals and institutions. Since proper investing is more complex than ever before, a trustee, or an investment advisor retained by the trust, should have a proven record of strong management of a diversified portfolio and significant understanding of all the different types of investments. Don't hesitate to ask questions, demand a documented investment track record and check with regulatory authorities in the offshore country.
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