Below you'll find a list of all posts that have been categorized as “Jurisdictions”
Stephen Speiser, Esq. March 12, 2025 The single-member limited liability company (SMLLC) offers solo entrepreneurs a mix of liability protection and operational ease, but personal financial distress raises a critical question: can a creditor foreclose on the member’s interest in the SMLLC? The answer hinges on state law, judicial rulings, and the distinction between the member’s ownership interest and the …
Stephen Speiser, Esq. September 2024 In the realm of wealth management and asset protection, trusts play a pivotal role in safeguarding assets against potential creditors, legal judgments, and other financial risks. Two prominent types of trusts utilized for these purposes are Foreign Asset Protection Trusts (FAPTs) and Domestic Asset Protection Trusts (DAPTs). Each type offers unique features, legal protections, and …
Stephen Speiser, Esq September 2024 When it comes to protecting assets from potential creditors, lawsuits, or other financial threats, establishing an offshore trust in a jurisdiction with strong asset protection laws can be a strategic move. Among the most popular jurisdictions for foreign asset protection trusts are the Cook Islands, Nevis, and Belize, and to a somewhat lesser degree the …
By Stephen Speiser, Esq. Sept 2024 In today’s increasingly litigious society, protecting one’s assets from potential creditors and legal claims has become a priority for many individuals. One effective strategy for safeguarding wealth is the use of Foreign Asset Protection Trusts (FAPTs). Here is an overview of what FAPTs are, their purpose, and how they differ from domestic trusts. What …
By Stephen Speiser, Esq. June 2024 The vehicle of choice for many high-net-worth families engaged in offshore asset protection planning is the international asset protection trust (“IAPT”). The principal reason IAPTs are popular is because the trust can lawfully hold assets outside the jurisdiction of the United States where they are beyond the reach of U.S. creditors. In addition, IAPTs …
By Stephen Speiser, Esq. May 2024 In 2009, the Nevis Island Assembly enacted the Nevis Limited Liability Company Ordinance, which opened the door to the convenient formation of offshore business entities in a tax-friendly and asset-protective Caribbean jurisdiction. A major rewrite of the legislation in 2017 did not make any substantive changes, disappointing many who advocated for the adoption of …
By Stephen Speiser, Esq. We need to have a serious conversation about domestic asset protection trusts (DAPTs). By our last count, 20 states now have DAPT laws: Alabama, Alaska, Connecticut, Delaware, Hawaii, Indiana, Michigan, Mississippi, Missouri, Nevada, New Hampshire, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming. Yet, the rush to implement DAPT legislation – motivated by state bar …
by Stephen Speiser, Esq.The Speiser Law Firm P.A. Florida’s homestead exemption is one of the most powerful asset protection laws available anywhere in the United States. Moreover, it is not just statutory law: It is written into the Constitution of the State of Florida. That makes Florida’s homestead law a constitutional right. Article 10, Section 4 of the Florida Constitution provides that an unsecured creditor …
Readers of our website know that we have written extensively about the Mareva ruling, a form of ex parte preliminary injunction increasingly granted by courts outside the USA to freeze debtor assets. A 2021, Florida state court decision has created a great deal of unease among debtors’ representatives concerning the reach of foreign creditors, and whether the Mareva ruling is …
From time to time, we are asked about using foundations as a substitute for asset protection trusts. In our judgment, there is no substitute for a competent, well crafted trust. This does not mean, however, that foundations should not be used in asset protection planning. For clients with charitable goals and objectives, foundations provide an excellent vehicle to satisfy those …
