The best strategy for offshore asset protection trust- Preisfieber.Net Mon, 08 Jul 2019 14:34:51 +0000 en-US hourly 1 5 Tips About a Nevada Offshore Asset Protection Trust Mon, 08 Jul 2019 14:34:51 +0000 What is a Nevada Offshore Asset Protection Trust?

Nevada is one of several states that allows the creation of a trust to protect domestic assets. This is a special type of irrevocable trust in which the creator of the trust can also be a beneficiary of the trust, and have the protection of its assets that were placed in the trust. Unlike Nevada, most states, such as Texas, do not allow the trust creator to be a beneficiary and enjoy the protection of assets against creditors. The purpose of a Domestic Asset Protection Trust is to keep the trust assets safe for the beneficiaries instead of being exposed to creditors, divorces, or other risks that the beneficiary may face.

Learn more at about how an Asset Protection Trust can help you!

What are the two types of Trusts for the Protection of Domestic Assets?

The two types of Asset Protection trusts are: “To third parties” and “Self-settled.” A third party trust is made by a single person for the benefit of another person, while a self-settled trust is made by a person for their own benefit. Both asset protection trusts are designed to protect the wealth of your family according to your specific needs.

I live in Texas, can I create trust like this?

Yes, we have the tools to help you! According to the law of the State of Nevada, the main requirements to create a trust for the protection of domestic assets are: at least one of the trustees of the trust must be a resident of the state of Nevada and have assets in it. There are other technical requirements that are written into the trust documents to comply with the law.

Once I transfer my assets to the trust, are they protected against my creditors immediately?

Under Nevada state law, “existing creditors” have two years to challenge the transfer of their assets to the trust as a “fraudulent transfer” with the intent to prevent or delay that particularcreditor, which is very difficult to verify. As for “future creditors” at the time the assets are transferred to the trust, they are fully protected.

What else should I know about the Trusts of Protection of Domestic Assets?

When the trust of this type is created to protect an inheritance, it can be very flexible. For example, you can make distribution rules very limited or as broad as you want. Another example is making funds only available for medical or education payments. Or, the administrator may be granted the freedom to distribute the trust funds to the beneficiary at their discretion. Finally, it is important to emphasize that to enjoy the benefits of a trust it is necessary to plan in advance, good patrimonial planning is the best way to care for the future of our loved ones.

Protect your assets yourself: CB and DIA disclaim responsibility for decisions made Thu, 18 Apr 2019 04:59:40 +0000 The Ministry of Finance proposed a bill that would give protection to high-ranking employees of the Central Bank and the Deposit Insurance Agency against prosecution for their decisions. Officials believe that then employees will defend their “motivated decisions” and this will help in disputes with bankers. But for some reason, it looks like an attempt to protect themselves from punishment for mediocre actions.

The Ministry of Finance decided to protect some of the employees from possible prosecution. He proposed immunity for officials of the Central Bank in the fall, and now immunity for officials of the Deposit Insurance Agency (DIA). The main goal: to protect them from prosecution for their decisions, even after the expiration of their term of office.

Protection is not omnipotent: immunity will be removed in case of abuse of official position, abuse of authority and in the presence of corruption. This applies to securities, but the DIA has similar requirements.

The Central Bank has already voiced the list of employees who can avoid responsibility: these are the chairman and his deputies, the board of directors, the chief auditor and accountant, the heads of departments, main departments and divisions. The chiefs of the press service, the Central Bank apparatus, the secretariat, together with the general inspector and the state secretary, will avoid prosecution at the same time.

DIA has not yet made its list.

According to the Ministry of Finance explanation, these amendments will provide protection against the consequences of an unintended error in decisions taken and protect against unwarranted persecution. This, together, will allow you to freely do your work.

If the plan is met, the amendments will come into force at the end of 2017.

There is a version that this bill will deduce the Central Bank and its subordinate structure of the DIA from the prosecutor’s supervision. The prosecutor’s office, as a body of general oversight, can involve for consideration of the case, including against the Central Bank and its employees. Lawyers are confident that in a criminal case, the amendments will not protect employees, and in civil cases, organizations themselves and not specific individuals are responsible.

Protection of assets: beneficiaries in Russia will be obliged to pay debts of a bankrupt company within 3 years after bankruptcy

Protect your assets yourself: lifting personal responsibility will lead to total irresponsibility

This initiative, in my opinion, is a direct path to final irresponsibility when making decisions in the most powerful body of the country. And the statements of some ordinary people that “the bank will have freedom and there will be no fear that they will be shot as in the year 37” speaks of a lack of understanding of how relationships work. And at the level between people, and between the state and citizens.

It is easier to give an example of the protection of the castle in the Middle Ages. If during an attack, it suddenly turned out that there was no food within the walls, there were not enough arrows, or all the soldiers were walking in a field 300 km from the base, then what would happen? Responsible for such misconduct cut off the head, because their negligence led to a losing and even fatal situation.

In the modern world, misconduct is not cut off the head (at least in our area and conditionally western culture). For misdemeanors punished with a fine: did not perform official duties – you lose the salary. The failed deal – did not receive a percentage of increase. Your actions led to a catastrophe – go to court.

Protection of Assets through Trusts: Creditors and Scammers Do Not Reach Your Assets.

And so it turns out that there is always a specific person who is responsible for the result: it signs the document, accepts the order, issues a certificate.

In this case, we clearly know who to ask for clarification if the situation, product or service does not correspond to that described in the documents.

Central Bank and DIA organizations of the level that do not affect a single business, sector or group of people. They affect the economy as a whole. Their actions affect not only those who have a bank account or those who lost their license for fraud. They affect every inhabitant and the economic security of the whole country.

It is clear that there are no perfect solutions and faultless actions. But for this, there are preventive measures, fines, reprimands and probation periods.

In any case, this does not mean that it is necessary to disclaim any responsibility for your behavior and decisions made. Unfortunately, this is done in practice when the requirements of the law or higher institutions are not fulfilled. It is also proposed to introduce irresponsibility at the legislative level.

And then they say that the economy needs to be raised? About import substitution? The authorities are not responsible for their decisions that affect everyone in the country! What kind of development is it? Recall Singapore, where the subordination of a common goal and development was fundamental and allowed for 50 years of great success. Similarly, although in a different way, the Soviet Union was built – the subordination of the goal and tough measures to curb sabotage.

Panama Private Fund for building an asset protection strategy

In our time, however, there is no clear goal. And no one wants to keep an answer for the steps taken. In other words, “we will do something, but we do not guarantee that something will work out. And we do not want you to punish us for it. “

The Ministry of Finance expressed that victims often do not agree with the decisions of officials (banks whose licenses were revoked) or other players. They sue, which slows down the work, causes fear and reduces the motivation of employees.

In other words, you directly say that you do not know what you are doing, why you are doing it and what result will come of it? And you realize that decisions turn out to be wrong in some cases and are not ready to accept their mistake?

As I recall, Russia is a state of law, even if we take into account various reservations. The Central Bank and the DIA are local government structures. If they are sued, lawyers and investigators will examine all the evidence and documents and decide whether it was a crime or not. If the decision was really made with a random error or was justified at that time, the court will close the case and that’s it.

If there is misconduct, then it will be studied carefully with all the ensuing consequences.

According to the logic of officials, they cannot even doubt the infallibility of their opinions. And from those who doubt, high-ranking officials will be protected by law, which will allow them to calmly catch Pokemon at meetings and not worry about the persecution after the end of their powers.

Imagine that your accountant in the company decides to change the rules for paying bills on the move, delay payments to employees, transfer your profits not to where you asked, but to a deliberately forbidden offshore with all the consequences for you as a beneficiary? What will you do? Dismiss and file a lawsuit against such a person.

Investing in privacy is a valuable asset in times of total transparency.

The Central Bank believes that it is higher than this. He can adapt his own policy, not hold the ruble, not stop the actions of fraudsters, and even speak openly about the existence of legal loopholes for the legalization of criminal funds.

And the next day, to deprive banks of licenses, freeze the accounts of citizens who withdraw funds abroad. Now, these actions are covered by the law on money laundering or by the requirements of the OECD and the law on CFC. And if the bill enters into force, the Central Bank will be able to do anything, and the employees who have taken this or that decision will come out of the water.

Protect your assets yourself: foreign account and well-thought-out strategy

We can say that this bill is a kind of cherry to the changes of the past 2016. 49 reasons to open an account abroad were considered insufficient. We decided to make the banking system unpredictable, because if there is no responsibility and even fear of punishment, then you can act as you please.

Therefore, it turns out again that asset protection is only in your hands. The banking sector in Russia raises concerns for a long time, but this approach can finally bury confidence in it.

Not only are banks cleaned to the right and left, not only bad but also workers; moreover, commercial banks were obliged to conduct real investigations on every client and every transaction. Now it became harder to argue.

The only way out of this situation is to ensure the security of my assets in another jurisdiction. Fortunately, it is still legal to withdraw funds abroad.

How to choose a reliable bank abroad and open an account in it? The procedure consists of several steps and looks like this:

  • Sign up for a free consultation on opening a bank account;
  • Filling out a questionnaire with information about your goals and the proposed work with the account is an important step because it is your information that the specialist will select the list of countries and banks that are best suited for your particular situation;
  • Come to a free consultation, hear information, ask questions and get answers to them;
  • Choose the appropriate bank.

After this stage, you need to prepare documents to open an account, pay the cost of opening an account. The consultants will make sure that you have filled out the questionnaires correctly, collected a full package of documents, transferred the necessary papers and then they will ensure the opening of an account in the bank.

Proved again: investing in gold is the best strategy for asset protection

After a few days or a couple of weeks, depending on the bank and its requirements, you will receive a foreign account.

You will have a tool that not only protects you from the authorities, the Central Bank and the unpredictable economic policy but also reduces the risk of capital loss, helps increase it or invest in potentially profitable instruments abroad.

You yourself can choose whether it will be real estate, stocks, business, etc.

The only caveat to keep in mind: while you are a tax resident of Russia, you are obliged to report on opening and closing foreign accounts, as well as submit annual reports on the movement of funds on them.

Offshore – a mechanism to protect assets or theft?

To stop being a tax resident, you must be absent from Russia for more than 6 months in the last 12 months. This will allow avoiding not only reporting on accounts but also reporting on controlled foreign companies. And the method of changing tax residency is very popular among the most wealthy businessmen.

]]> 0
Japanese asset protection. How to take advantage of the increased capital and ensure the future of the family? Sat, 13 Apr 2019 14:41:56 +0000 The publication on the investment life insurance product Universal Life (hereinafter – UL) caused a lot of feedback and discussions in a professional environment. What is the benefit of UL for the insured person / UL policyholder during his lifetime? Where do insurance companies come from? Why is UL not a pyramid? We selected the most interesting questions and comments, including statements from critically-skeptical colleagues.

Q. “ Why should I think about what will happen after my death? “; “ What is interesting about UL for an average person if he does not plan to die and is unlikely to be able to take money with him to the afterlife?” “; “ Do I want to die in order to increase my asset 10 times? “; ” What is the use of the policy, and is it possible to make money on the UL in life ?”

A. The answer lies in the plane of the goals for which the UL product was created. First of all – ensuring the future of close and other beneficiaries in case of the death of the insured person – heinet (HNWI, high net worth individual), which can be incorrectly interpreted as “die for the sake of creating a state”.

A case of suicide is covered by insurance only if it occurs after 2 years of the policy; if it happened earlier, this situation is treated as fraud and the cost of the insurance policy is returned to the family of the insured person / his beneficiaries but refuses to pay.

Insurance companies also impose a “property qualification” on the size of the assets of the person who applied for insurance in order to minimize possible fraud and danger in the form of “spurring” the insured on rash actions in the event of a difficult material life situation. In order to get, say, death insurance in the amount of $ 1 million, at the time of purchasing insurance, the client needs to confirm his level of welfare by confirming one way or another that family assets (house, apartment, car, securities, and other liquid investments, cash in banks, gold, etc.) exceed the amount of the requested coverage by about 2.5 – 3 times, or demonstrate the presence of income, which for a period of up to 75 years would “accumulate” the corresponding amount of welfare. In other words, if you need insurance for $ 10 million – show that the family has assets of $ 25-30 million, or income that allows you to accumulate such assets.

We illustrate key parameters by insurance amounts, restrictions and factors affecting its value/amount of coverage:

  • $ 1 million – min. the amount of insurance UL (the amount paid when the insured event)
  • $ 25-35 million – “average bill” of UL payments/insurance coverage
  • $ 150 million – the amount of insurance coverage for a client from Japan (case of insurance broker – partner CONFIDERI, Todd Green International 2014)

Factors affecting the individual calculation of insurance coverage:

  • age;
  • floor;
  • health status;
  • “Bad habits” – smoking, excessive alcohol consumption;
  • place of residence (Switzerland – category “A”; Russia, Kazakhstan – “C”);
  • lifestyle – dangerous sports;
  • sufficient own assets and funds in comparison with the desired amount of insurance (protection against fraud).

All of these factors are relevant at the date of insurance, at the time of the purchase of the UL policy.

The benefits of UL in life are as follows:

  • Release your assets for current expenses in life, without depriving the family of inheritance and wealth, and provide a guaranteed inheritance by “paying” for it only a part of what will be paid for insurance (for example, 1/5 of its property, providing an opportunity to spend here and now “4/5 of your condition for any needs).
  • Get investment returns from conservative reliable investments by canceling insurance in 7-10-20 years of the policy. In this sense, the UL Policy is an analog of security from which you can get the cumulative profitability during lifetime, EITHER insurance, in case of death during the period of owning such an investment instrument.
  • Protect your financial assets from structural risks (loss, loss, confiscation, repossession of creditors, risks of instability and uncertainty of anti-offshore regulation, loss of control due to nominal ownership, etc.).

Consider more.

(1) An example in the form of creating a state due to the release of liquid assets to current expenditures, and also (3) UL as a safe asset structuring mechanism will be illustrated in the answers to subsequent questions.

2) An example in the form of investment returns.

The policy is equivalent to investing in highly reliable security. UL is not only insurance but also a way of investing fixed-income funds guaranteed by insurance companies with high investment ratings. The mechanism of the UL policy as an investment is similar to bonds with accumulated guaranteed coupon income of 2% per annum in US dollars. Lifetime cancellation of the policy by its owner is possible at any time, which is equivalent to selling a bond with the receipt of accumulated capital. Conventionally, you purchase Microsoft, IBM, Coca-Cola, Google bonds with a yield of 2-4% per annum in $, which can be sold at any time and which increases in value several times if the holder of the bond dies and the generated funds are distributed among the beneficiaries in proportions you set. UL is one of those assets that can be used to diversify along with stocks and bonds.

The policy is a highly liquid and highly reliable asset. If desired, the owner (holder) of the Policy can use the Policy as a pledge and quickly and easily get a low interest loan at the rate of the order of LIBOR + 1% (1.5-1.75% per annum) in the amount of 85-90% of the pledge value of the Policy in reliable private banks in the world.

Also, if you wish, you can reduce the size of the coverage according to UL and get a part of the cost of the policy on your hands.

Below, for clarity, we illustrate an example of capital accumulation and the amount that the insured person receives when the policy is canceled during life in the form of knee yield/insurance cost guaranteed by the insurance company.

An example of an increase in the investment value of a policy: the return on investment from 5.5 years of the UL policy

Insured Person: 45-year-old non-smoking man

Payment / insured amount: 10.000.000 dollars. USA

The cost of the policy: $ 2,548.046 million

Growth rate guaranteed by the insurance company: not less than 2.0% per annum

Year Age Insurance Premium (Cost of Policy) CASH VALUE – estimated cost (investment value) of the policy Insurance paymentInsurance cover
one 46 2,548,046 2,140,852 10,000,000
2 47 0 2,215,807 10,000,000
3 48 0 2,293,066 10,000,000
four 49 0 2,372,672 10,000,000
five 50 0 2,454,598 10,000,000
6 51 0 2,565,580 10,000,000
7 52 0 2,647,996 10,000,000
eight 53 0 2,733.838 10,000,000
9 54 0 2,822,107 10,000,000
ten 55 0 2,912,738 10,000,000
20 65 0 4,201,248 10,000,000
55 100 0 10,000,023 11,100,026
76 121 0 16,882,853 16,558,167

From the example above, we see that in case of cancellation of the Policy after 5.5 years of action – at the age of 51 years, the return of funds is carried out without loss, and then with annual income. So, having canceled the Policy in the 65th year of life, the client receives $ 4.2 million “against the hands” against $ 2.548 “previously invested” funds.

In this case, in the event of the death of the insured person, at any time before the cancellation of the Policy, the amount of insurance payment will always be $ 10 million.

Thus, the UL policy can be considered as a highly liquid investment instrument, as if the investor had a reliable Eurobond in his investment portfolio. UL product insurance companies have high investment ratings, confirmed by international rating agencies (at least AAA – S & P), their reports are transparent and publicly available, regularly and continuously monitored by insurance market regulators and banks lending UL programs to customers. UL policy entitles a guaranteed coupon to an accrued coupon (usually at least 2-3% per annum in US dollars at current lending rates in the market), which can be distributed if insurance is canceled, and in addition, in the event of the death of the holder of such an investment The policy provides insurance protection to such an investor. Investment and insurance, “two” in “one”.

Q. “ How does an insurance company make a profit? “; “ Where did insurance companies have the funds to pay such large insurance coverages?” “; “ Could it be that the insurance company does not pay coverage? “; “ How can an insurance company guarantee payment?”

A. Insurance companies derive revenue through (1) the sale of insurance products and (2) the investment of funds from customers who have purchased insurance policies.

The presence of large reserves, which are regulated by state supervisory authorities, allows you to make a profit by investing large capital and long-term money. The investment activities of insurance companies are also scrupulously regulated by government agencies.

We propose to forget the perverted idea of insurance companies in the Russian Federation that has developed in the minds of many citizens. Insurance companies, for example, in the United States, close deals on the sale of such policies on a daily basis, since the product is time-tested and trusted, it works.

The scale of business and funds from insurance groups is significant, exceeding the capital and reliability of many large banks.

For an example of the scale of the insurance business (for all insurance products), we give statistics on only one insurance group – AIA, at the end of 2014:

  • 90 years of experience in the Asia-Pacific region
  • 28 million valid individual insurance policies
  • 16 million corporate client insurance programs
  • $ 1.17 trillion (1.17 thousand billion) – the amount of insurance coverage in Asia
  • 12 million insurance claims paid for 2014, which is equivalent to = 1 payment per insured event every second of every day (!)
  • $ 39 billion net worth
  • $ 167 billion in total assets

The method of earning income and the sustainability mechanism of insurance companies operating under UL can be compared with the pool into which water flows in and out (the idea of comparison is first illustrated by insurance broker Todd Green International).

So, the income comes in the form of proceeds from the sale of insurance products and, importantly, in the form of return on investment placed. Costs are insurance payments for insured events that occur (admin expenses are conditionally fixed). If you completely block the revenue from new policies/customers/products, for example, if the insurance company stops doing business completely to receive new customers, the proceeds from previously placed (and placed for about 100 years) investments still flow. In the “good” years, in the pool, there is more water flowing into the pool from sales of policies and investments than “flows” from insurance payments. In bad years, it is possible that the outflow amounts may exceed revenues.

However, even if you “open the faucet” at full capacity, for example, in the case of world cataclysms 10 years in a row, the water from the pool does not run out in one day, and the regulator and banks extremely closely monitor the level of water in the basin/level of financial liquidity, provision and reserves .

Thus, there is always the possibility, seeing that if the insurance company is doing poorly, cancel the policy and take the actual assessed value of the policy (which may be more than the amount of its purchase) before the insured event.

Insurance companies quietly guarantee payments, because their reserves are sufficient to cover current liabilities. If the amount of reserves drops below the 120% mark, the company will either be forced to sell to a stronger player or initiate a merger with a stronger player.

The most important principle in terms of the “cost of the policy – the amount of coverage” is not a question of the size of the profitability of insurance companies from investments or the question of whether insurance companies will beat the investment market, but an exact calculation based on life expectancy statistics.

Policy cost vs. The amount of insurance coverage. Where does this “profitability” come from?

  • Statistics on average life expectancy in the US / in the world are the general basis for calculating the cost of the policy and the amount of insurance coverage.
  • From 47 to 80 years, the average life expectancy of the United States increased (the basis for the calculations of insurance companies, taking into account the coefficient of the country of residence) from 1900 to 2015.
  • The calculation for each client takes into account individual factors, which allows insurance companies to statistically correctly calculate the ratio of the cost of the policy vs. insurance coverage.
  • Insurance companies do not pursue the goal of “replaying” the market in terms of investment returns.
  • The cost of the policy, placed on a deposit for a period corresponding to the average life expectancy, can give an income comparable to the amount of the insurance payment.
  • The insurance company does not predict the life expectancy of a particular client, however, it clearly calculates the average group indicators by type of client.

Q. “ I have $ 2 million, how should I manage them with respect to the policy? Does it make sense to buy a policy for 2 million? “; “ I have an acute question of inheritance because there are real estate, companies, stocks … how can I equalize the inherited mass between 3 children? “

A. With a direct distribution of inheritance, inheritance tax is often paid, which forces family members to sell assets in order to pay such taxes, since there is simply no means to pay for large tax cases. In the end, a person is forced to lead a modest lifestyle in order to “more” leave to his heirs.

Below we consider an example in the direct inheritance of a state of $ 2 million. As can be seen, in both cases, the beneficiaries receive $ 1 million, however, when acquiring UL, the insured person does not give them all of his condition, but allocates only about 30% of his fortune to purchase a policy with a coverage of $ 2 million, and 70% It remains with the insured person who can, with a pure soul, invest in anything, spend on himself. No magic, pure math. Scenario 2 – is to live in your own pleasure, taking care of the heirs in advance and creating a guaranteed condition for them with the help of UL, and not “die for the sake of profit”.

Below is an example of using UL to preserve the assets of the insured person and to cover the hereditary and tax costs. Thanks to UL, when the insured person dies, all tax consequences are extinguished due to the insurance payment, and property, business, securities will remain safe and sound. This may be relevant in the presence of assets and / or heirs in different countries where there is no exemption from inheritance taxes, and such taxes go up to 50% or more (for example, Japan, France, also in the case of inheritance, not in favor of a close relative). In this case, the question may arise, and where to quickly get for example 50% of the value of the inherited asset in order to accept the inheritance / accept the inheritance while preserving the asset, instead of urgent unprofitable hasty sale – sometimes with an unfavorable discount during periods of crises and falling prices (as if it was necessary to urgently sell an apartment in Moscow for dollars, with the dollar rate to ruble above 70 rubles, to pay taxes on the inherited house in the US in dollars, in France – in Euros …)?

UL may be just such a decision on the financing of inheritance tax payment and the costs and expenses associated with inheritance. Not least, for this reason, the UL policy is relevant for customers from Japan (inheritance tax of up to 50%) and is widespread in Asia as a whole.

The UL policy is also convenient for leveling the hereditary mass among several beneficiaries so that the heirs “do not fight” because of disputes about the fair distribution of family welfare. In the example below, we see that out of assets of $ 22 million, an asset of $ 36 million is created – $ 12 million each of the three heirs/beneficiaries through the acquisition of UL policies.

B. “Why do we need an insurance broker? Can we go and arrange the policy in the insurance company directly by yourself? Who pays the insurance broker? “

O. The practice of the world’s largest UL product insurance groups is not to keep “salary” managers on sales of this product for the end customer and not to work “at retail”, but to work through professional intermediaries who are interested in clients – international insurance brokers At the same time, they can effectively interact with family offices, bankers, and introductory specialists at the level of countries and regions to ensure that expertise is available specifically for the countries from which the client comes.

In this case, the insurance broker acts roughly as a credit broker – professionally prepares a client’s application for obtaining the most favorable conditions (cost vs coverage, increasing the desired amount of coverage, assistance with compliance, assistance in obtaining bank financing).

]]> 0