BVI Asset Protection Solutions

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Atrium BVI is proud to have assisted hundreds of clients protecting their own assets. We can help you too!

Reasons to protect your Assets

Business / Partner Lawsuit

Personal Lawsuit

Divorce

Unfair / Unlawful Creditors

Protect your Home, Savings and Investments

We offer several asset protection vehicles, simple and secure to complex and bulletproof solutions.

BVI offers 2 significant offshore asset protection strategies:

• The BVI Offshore Trust;
• An Offshore Corporation or Limited Liability Company to maximise protection.

Our Business Development Team is ready to Guide and Assist you, getting a tailored-made solution for your assets protection needs and personal risk.

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Legal Protection

Placing assets into offshore companies and legal structures can provide you with a high degree of protection from future liabilities or lawsuits. Wealthy and most legally shielded individuals usually say, “I own nothing, I control everything”. By having your bank accounts and other assets not on your personal name, but fully owned by a corporate entity, it will make them highly hard to be found through a professional asset search.

In situations where a legal adversary is pursuing litigation, the standard procedure often involves conducting an asset probe to guarantee potential returns in case a judgment is rendered. Possessions held under an individual's name can be promptly traced through routine records exploration. By establishing an offshore corporation and transferring ownership of assets to the company, you sever the ties to your name. Consequently, your holdings can be sheltered from legal opponents, judicial authorities, and court verdicts simply by implementing offshore incorporation.

Another advantageous aspect you can leverage is simplicity. Many offshore jurisdictions streamline the incorporation process, making it accessible for anyone interested.

How the Offshore Asset Protection works

Offshore asset protection involves utilizing legal structures and strategies established in foreign jurisdictions to safeguard your assets from potential risks and liabilities. Here's how it typically works:

Jurisdiction Selection:

Choose a suitable offshore jurisdiction known for its strong asset protection laws and regulations. These jurisdictions often have laws that make it more challenging for creditors to seize assets.

Entity Formation:

Create an entity, such as an offshore company or trust, in the chosen jurisdiction. This entity becomes the legal owner of your assets.

Asset Transfer:

Transfer ownership of your assets (such as real estate, funds, or investments) to the newly formed offshore entity. This separation of ownership limits your personal connection to the assets.

Creditor Hurdles:

In the event of potential legal claims or creditors pursuing your assets, the offshore jurisdiction's laws may present obstacles for them to access the assets. This can involve requirements for local legal action, higher burdens of proof, and other legal complexities.

Legal Protection:

The legal framework in the offshore jurisdiction may provide enhanced protection for your assets against potential lawsuits, creditors, or judgments. This can act as a deterrent or make it more challenging for adversaries to access your assets.

Privacy and Confidentiality:

Offshore jurisdictions often offer greater privacy and confidentiality, making it harder for parties to identify your ownership of assets.

International Enforcement:

If legal action is initiated in your home jurisdiction, enforcing judgments obtained against offshore assets can be intricate due to differing legal systems and international treaties.

Compliance:

It's essential to adhere to all legal and reporting requirements of both your home country and the chosen offshore jurisdiction to ensure your asset protection strategy remains effective and legal.

Atrium BVI is a world leader in offshore business formation. We assist in your strategy and developing an asset protection plan for your needs!

It's important to note that while offshore asset protection can provide a layer of security, it's not an absolute shield against all legal claims. Some jurisdictions might pierce the corporate veil or reverse fraudulent transfers under certain circumstances. Additionally, engaging in asset protection solely to evade legitimate creditors or legal responsibilities can have legal consequences.

Atrium Solution

British Virgin Islands Law Trusts

The British Virgin Islands (BVI) stands as a prominent choice for registering and overseeing trusts. That’s where the "VISTA" trust emerges as an exclusive BVI offering, proving especially appealing for the safekeeping of shares within companies incorporated in the BVI. The BVI boasts a well-developed professional trust industry, contemporary trust-related laws, and a robust legal framework. Notably, a dedicated Commercial Court deals with matters concerning trusts, and higher-level appeals find resolution in the Privy Council of the United Kingdom.

Check all BVI VISTA Trust full advantages!

BVI VISTA Trust

Key Characteristics

The key characteristics of the BVI VISTA (Virgin Islands Special Trusts Act) Trust are as follows:

Irrevocability:

Once established, the VISTA Trust is generally irrevocable, meaning that the settlor cannot easily change or revoke its terms.

Limited Duration:

VISTA Trusts can have a specified duration, after which the trust assets are distributed according to the terms set out in the trust deed.

Beneficiary Class:

The trust must identify a class of beneficiaries, which can include individuals, families, charities, or other entities. It allows for flexibility in determining who can benefit from the trust.

Purpose Trusts:

VISTA Trusts can be established for a specific purpose or for the benefit of a particular person or group, providing versatility in their use.

Shareholding:

VISTA Trusts are particularly beneficial for holding shares in BVI incorporated companies, offering asset protection and facilitating estate planning.

Separation of Roles:

The VISTA Trust structure often involves the division of roles between the trustee and the trust's advisors or protectors. This allows for efficient management and decision-making.

Retention of Control:

Settlors can retain certain levels of control over trust assets by assuming advisory or protector roles, without compromising the trust's validity.

Tax Efficiency:

The BVI provides a favorable tax environment for trusts, including exemptions from local taxes, making VISTA Trusts attractive for tax planning.

Asset Protection:

VISTA Trusts are designed to provide a degree of protection against potential creditors and legal claims, as long as the trust is established with legitimate intentions and not solely to defraud creditors.

Judicial System:

The BVI has a well-regarded legal system, including a specialist Commercial Court that handles trust matters, ensuring transparency and fairness in legal proceedings.

Confidentiality:

The BVI offers privacy and confidentiality, making it challenging for third parties to access trust-related information.

Appeals to Privy Council:

Legal decisions related to VISTA Trusts can be appealed to the Privy Council in the United Kingdom, ensuring a higher level of legal oversight.

It's important to note that the effectiveness of the BVI VISTA Trust depends on compliance with legal requirements, ethical considerations, and proper legal advice. As laws can change and individual circumstances vary, consulting legal experts with knowledge of the BVI jurisdiction is crucial when considering the establishment of a VISTA Trust.

When to set up a BVI VISTA Trust

Determining the ideal timing to establish a BVI VISTA (Virgin Islands Special Trusts Act) Trust depends on your specific circumstances, goals, and objectives. Here are some scenarios when setting up a BVI VISTA Trust might be considered:

Estate Planning:

If you have significant assets that you wish to pass on to future generations or specific beneficiaries, a VISTA Trust can be established to manage the distribution of these assets according to your wishes.

Asset Protection:

If you want to shield your assets from potential creditors, legal claims, or financial risks, a VISTA Trust can provide a protective barrier, as long as it's established with genuine intentions and adheres to legal requirements.

Business Succession:

If you own shares in BVI-incorporated companies and want to ensure a smooth transfer of ownership to your heirs or successors, a VISTA Trust can facilitate this transition.

Wealth Preservation:

For high-net-worth individuals seeking to preserve their wealth for future generations, the features of a VISTA Trust can help manage and safeguard assets.

Tax Planning:

VISTA Trusts can be employed for tax planning purposes, as the BVI offers a favorable tax environment for trusts, potentially reducing tax liabilities.

Legal Protection

: If you anticipate potential legal challenges, lawsuits, or claims, establishing a VISTA Trust beforehand can offer protection by separating your assets from your personal liability.

Business Ventures:

If you're embarking on new business ventures or investments, a VISTA Trust can help segregate your personal assets from your business interests.

Family Needs:

If you want to provide for the financial needs of your family members, including education, healthcare, and general welfare, a VISTA Trust can be designed to fulfill these purposes.

Long-Term Planning:

Even if immediate concerns aren't pressing, setting up a VISTA Trust can be part of a comprehensive long-term financial and estate planning strategy.

VISTA Trusts and non-BVI companies

It has already been noted that VISTA Trusts can only apply (directly) to BVI company shares.

If shares in non-BVI companies and/or other assets are to be held, these should be held by a BVI company the shares of which are held directly by the trustee of the VISTA trust.

How we can Help You!

Should you have any question or matter you would like to discuss or clarify with us, or

Should you like to receive further Information about our services and fees,…

Our multilingual team of business advisors is happy to assist you with all upcoming questions and issues in relation to your application.

You may call or email us, and we will be happy to assist you in a fast and efficient manner.

Contact us today for an initial complimentary consultation and find out how we can help you achieve your investment goals!

Our offices

Tortola, BVI
British Virgin Islands

30 DeCastro Street
PO Box 4519, Road Town, Tortola, VG1110

Phone:+ 1 855 289 0134
Email:info.bvi@atrium-bvi.com

Altrincham, European Office
United Kingdom

Peel House, 30 The Downs, Ste 28
Altrincham, Cheshire, WA14 2PX

Phone:+ 44 161 3941189
Email:info.uk@atrium-bvi.com