Specialised Trust Facilities Protection of Assets, Risk Management, Commercial Management

Cedar takes the view that a trust having as its sole motive the shielding of substantial assets from legitimate creditors is absolutely unacceptable. On the other hand, it should be possible to provide a reasonable level of security in relation to attacks by future unforeseeable. and reasonably unforeseeable creditors. In this context, the on-shore practitioner should consider whether the laws of his or her home jurisdiction offer satisfactory protection. If they do not, then it could well be advisable to adopt the laws of a country which offers enhanced security for the establishment, growth and protection of the trust fund. Not to do so may well amount to negligence, now that conscionable "asset protection" legislation is increasingly available in responsible jurisdictions. Indeed one can see eventual amendment onshore of uncertain or unduly harsh rules -relating to the voidable transfer of assets into trust. Else the quantum of liquid assets held offshore might well eventually