When Is An “Offshore” Asset Protection Plan Not Really Offshore?

There are three basic elements of a true “offshore” asset protection plan: (i) the legal structure (trust or business entity) must be formed outside the U.S. in a safe jurisdiction; (ii) the assets have been successfully migrated to the offshore legal structure; and (iii) legal control of the structure must be vested in persons or trustees who are not subject to U.S. jurisdiction.

A landscape photo of a Swiss village at the base of a Swiss mountain range.

The Swiss Hybrid Trust: A Primer

The Swiss Hybrid Trust constitutes an asset protection vehicle unattainable in any one jurisdiction alone. 

Convoy Collateral v. Broad Idea et al.: Going Beyond Anton Piller Orders

Published on: October 14, 2021 Last modified on: March 10, 2025 The Court of Appeal of the Eastern Caribbean Supreme Court has recently issued a ruling expanding the power of the courts in the British Virgin Islands to issue injunctions in support of foreign proceedings, including injunctions directed at third parties who are not subject to any substantive claims (known …

A closeup image of a business man taking notes during a meeting.

Planning for Success

Published on: September 9, 2021 Last modified on: March 10, 2025 The Speiser Law Firm’s approach to asset protection involves a highly structured process that begins with the performance of comprehensive due diligence on each and every client to ensure that we have a full understanding of your needs before we begin the planning process, and to make sure our …

Asset Protection Entities

Published on: August 27, 2021 Last modified on: March 10, 2025 We use a variety of special purpose entities (“SPE”) as firewalls to shield your asset from creditors.  In this section we will explore the most effective SPEs for asset protection planning.  Two of the most effective SPEs for asset protection are: We will consider each one in turn. Domestic Asset Protection Limited …

Charging Order Protection

Published on: August 27, 2021 Last modified on: March 10, 2025 Charging Orders are an important legal issue that must be navigated by the client and their attorney in order to create a successful asset protection plan.  Technically, a charging order is a creditor remedy.  It is a court order that allows a creditor to intercept any distributions of income or profits that are paid …

A paperclipped stack of papers sits on a desk next to a judge's gavel. "Fraudulent transfer" is written on the top sheet of paper in black text.

Fraudulent Transfers (aka “Voidable Transactions”)

Published on: August 27, 2021 Last modified on: March 10, 2025 Fraudulent transfers are one of the most important and difficult legal issues that must be confronted by the client and their attorney in order to create a successful asset protection plan.  A fraudulent transfer is defined as a transfer of property to a third party with the intent to “hinder, delay, or …

A law book and judge's gavel sits open on a table in a law library.

What Is Asset Protection?

Published on: August 27, 2021 Last modified on: March 10, 2025 Asset protection is the art of indirect (or beneficial) ownership, and its goal is to enable you to achieve the following objectives lawfully and ethically:          “Asset protection is the art of indirect, beneficial ownership.” – Stephen Speiser At its most basic, asset protection is a legal fortress behind whose battlements …