A Cook Islands Trust is the worlds leading international asset protection trust in the most secure offshore jurisdiction in the world. A Cook Island Trust is formed under the Cook Islands International Trusts Act and has the strongest asset protection case law history in the world. A Cook Island Trust is for those individuals who would like to preserve their assets in times of uncertainty, against unknown political, economic, or legal forces.
A Cook Island Trust is the most effective means to create security, safe distance and confidentiality with your assets. Although the offshore financial sector has recently received a lot of scrutiny from foreign governments seeking to restrict the use of offshore services, the Cook Islands has been kept out of the limelight.
The long arm of foreign governments can not reach the Cook Island trusts, nor do the islands uphold foreign government court orders demanding account information or asset seizure.
A Cook Island Trust, explains, Jennifer A. Davis, chief executive of the Cook Islands Financial Services Development Authority, 'provide[s] a layer of insurance for something that cannot be insured—the unforeseeable'.
In amending the International Trusts Act in 1989, the Cook Islands were the first jurisdiction to include asset protection features in its trust legislation, a precedent that was soon to be copied by several other highly secure jurisdictions. The amendment was designed to protect clients from frivolous lawsuits at a time when no other jurisdictions in the world could. This piece of legislation remains the foremost asset protection amendment in the world, devised to protect the assets of the client under all manner of circumstances.
The Financial Supervisory Commission in the Cook Islands states that there are nearly 3,000 trusts, all of which offer full anonymity as well security from creditors and legal suits. The multi-layered trust structure gives both full protection and anonymity for both the beneficiaries and the settlor. Both offshore finance experts and us at Offshore-Protection.com agree that the Cook Islands have the strongest asset protection trusts in the world, a claim that no other jurisdiction can make.
We recommend that a Cook Islands offshore Trust be used in a combination package with a Cook Islands LLC for maximum protection, flexibility, and to further diversify your trust’s structure.
While the LLC is held by the trust, the trustee (being an international entity or person, preferably located in the Cook Islands) holds the title.
The manager of the LLC—you—are able to have legal control over the LLC and the authority over any bank accounts that might be affiliated with it, in such a way that you have control of your assets, with provisions made for times of duress, which state that a trustee manages and protects the trust's assets.
A Cook Islands Trust has many benefits which include: no taxes, confidentiality, asset protection and flexibility making it the most advantageous asset protection structure out there. Other advantages include:
A Cook Islands Trust can be used to protect a variety of liquid and tangible assets, including but not limited to:
Life assurance policies
Any type of financial asset
High-risk individuals that are in high-risk professions such as lawyers, doctors, physicians, business vendors, retirement and investment portfolios, particularly benefit from a Asset Protection Trust. A Cook Islands Trust can also be used for:
Protecting assets in times of economic, political or economic uncertainty
Transfer of wealth through families
Minimizing or eliminating estate taxes
Holding stock options
The registration of a Cook Islands Trust requires the services of a trust company located in the Cook Islands. The fees vary accordingly from USD$1,000-5000 for registration and for administration and total costs for all related expenses can range between USD $10,000 - 15,000. The trust company requires that the settlor prove that a trust is not being registered for any criminal or fraudulent purposes, in which a certificate of solvency will be required and a deed of indemnity. The company will provide the registered office and provides the necessary annual re-registration services.
There are four different parties to a Cook Islands International Trust.
The Settlor would be you, and you would place you assets in the hands of a trustee who manages the trust.
Your assets, which are managed by the trustee, must reside in the Cook Islands, and therefore are not subject to the legal jurisdiction in which you live. Trustees are regulated by the Financial Supervisory Commission in the Cook Island and are legally bound to protect the assets of the settlor for the beneficiaries. The trustees hold the legal title to all the assets within the trust, though they cannot benefit from the trust. The point of a trustee is such that under times of legal duress when a court requires that you hand over your assets, the trustee then becomes your fail-safe. The trustee, who resides in the Cook Islands, is not subject to a court mandate and can simply refuse. Legally, the trustee can only distribute the funds for the benefit of the beneficiaries.
A settlor can establish a Cook Islands Trust with several trustees used for the management of the assets. Though a single trustee may be used so that the settlor may keep a close watch over the trust and for easy management, which can later change if needed. A domestic trustee may be appointed, however, in the event of a lawsuit or any legal claim against the settlor’s assets the flexibility of the structure allows the trustee to change hands to that of a sole trustee located in the Cook Islands, therefore giving the assets the due protection.
A trust protector, appointed by you, is the one who gives oversight; though is optional, but adds another dimension of stability and security for the trust, as the person is someone you likely trust, wither a family member, or attorney, as they are given the power to appoint trustees and veto any actions that the trustee might make on behalf of the settlor (you).
The beneficiaries would likely be you, and anyone in your family (or anyone) and they are the ones who gain to benefit from the trust.
There are no taxes imposed on any Cook Islands International Trust, this includes, but is not limited to:
However, an international asset protection trust should not be confused with an offshore account, that is, an account or international offshore entity that is used as a 'tax haven' to avoid paying taxes in one's own country. Any income generated from the trust is liable to be taxed, and it is the client's duty to report any such financial information in your home country.