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Asset Protection

The ultimate asset protection mechanism is achieved by restructuring one’s personal and/or business assets together with the business operation to function within a specialised structure; into which ALL future assets should be vested.


Restructuring mechanisms should interlock, overlay and cater for structural risk management by allowing for future legislative or regulatory changes which could adversely affect business longevity. Structures should ideally allow the business to maximise its financial efficiency by implementing transparent tax-effective revenue-based commercial business transactions.

One needs to diligently protect one’s assets from the insidious corporations law, the family court, accidents, litigious litigation and ‘murphy’s law’; and this can be achieved by:


 



  • ?  Quarantining ANY defined beneficial interest by the client;

  • ?  Quarantining ANY defined beneficial interest by the client’s spouse;

  • ?  Eliminating the power of the Corporations Law;

  • ?  Implementing an appropriate child maintenance program;

  • ?  Diluting and /or eliminating the power of the Family Court;

  • ?  Removing any beneficial interest from BOTH the client and his spouse;

  • ?  Additional cross-border quarantining of a Trust’s assets;

  • ?  Being able to present supporting interlocutory documentation to demonstrate transparent commercial business transactions;

  • ?  The creation and maintenance of the relevant registers in order to chronologically record date related transactions and their financial implications.


 

Domestic Asset Protection ( Personal & Business )


Domestic Asset Protection mechanisms are designed to effectively eliminate the power of the Corporations Law by restructuring businesses to operate outside of corporation’s law parameters. This forces any potential Plaintiff to bring court proceedings on a civil and/or commercial basis and provides a business with far more legal flexibility.


Overview of the Corporations Law


Structuring of business normally results in using a company as the operational and structural tool for SMEs. The reason for this is that it has resulted from self-serving government policy as a result of the implementation of a government controlled education agenda through the current curriculum distributed nationally through universities and colleges.  As a direct result, professional graduates of the accounting, banking, legal, insurance and other financial disciplines have been nourished and conditioned accordingly by the government curricula; to the point of un-questioned acceptance.  This same curricula agenda has also been broadly distributed throughout the education schooling systems as a whole.


NB: The purpose of introducing international trustees is to eliminate the power of the Corporations Law and force any Plaintiff to bring court proceedings into the trustee’s domestic jurisdiction of choice.


International Asset Protection


International asset protection mechanisms are designed to force any potential Plaintiff to bring court proceedings in the trustee’s domestic jurisdiction of choice; this places them at a great disadvantage, because it removes the power of the corporation’s law and/or the plaintiff’s local court action(s). A different jurisdiction creates a completely different set of domestic legal precedents and circumstances, and adds huge additional legal costs.  Such mechanisms may include:

















Specialist Trustee ServicesLimited Liability Partnerships
Double Taxation Treaty AnalysisSpecialised Trust Structuring
International Business RelocationPrivate and Charitable Foundations

The BFS Group is the result of comprehensive national and international research into the delivery of tax-efficient international corporate restructuring which includes:



































Income Source RulesTransferor Trust LawsInternational Anti-Avoidance Rules
Controlled Foreign CompaniesTransfer PricingDominant  Purpose Laws
Controlled Foreign TrustsThin CapitalizationDouble Taxation Treaty Analysis
Goods and Services TaxManaged Investments ActFinancial Reporting of Banks
Capital Gains TaxFringe Benefits TaxMutual Legal Assistance Treaties (MLAT’s)
Financial Centre Reporting  

Asset Protection ….. Negates Legal Warfare!


The end goal of asset protection mechanisms is to limit, reduce, nullify, quarantine and polarize the effects of all forms of litigation which may affect any entity, be it individual or corporate, from attacks on all and any assets; these attacks may emanate from adversarial litigation resulting from different types of legal action, such as:




















Business Related LitigationSpurious LitigationGovernment Sponsored Litigation
Employee-Related LitigationFamily Court RelatedBusiness Liquidation and/or Receivership
Creditor LitigationOpportunistic Legal AttackPersonal and/or Business Bankruptcy

Exposure to insurance-related liability, usually to do with public liability and/or professional indemnity, where the insurance company(s) is/are able to deny claims on the basis of deemed client related policy breaches, such as:















NegligenceFraudPrior Court Precedents
DUISuicide 

New legal precedents are established on an almost daily basis and result from detrimental and questionable court decisions which then set the legal platform for future commercial and personal litigation in relation to any of the below-mentioned legal processes.