Introduction
Asset protection can be achieved by using a variety of different
structures, including a trust, foundation, company, limited
partnership or a combination of the aforementioned; for example
having a trust with an underlying company holding assets.
The term "Asset Protection" can be slightly confusing
because no type of trust, foundation, company or partnership under
Jersey or Guernsey law is specifically designated an "Asset
Protection" structure as if to suggest a particular type of
structure existed for this purpose. Whatever structure is used, its
purpose is to protect assets, though the reasons why assets need to
be protected will vary.
The primary purpose of asset protection structures is to protect
against claims made by creditors and consequently are often used
for persons embarking on a risky business venture or persons asked
to give personal guarantees to the activities of that business.
This note considers the extent to which Jersey and
