One of the main reasons why entrepreneurs use foreign offshore companies is to protect their assets against future unlawful claims by creditors, government agencies or family members. Look at this site for more useful information.
Legal protection of assets with offshore trusts
Offshore companies have several key features that predestine them for property protection functions. The features of offshore companies that allow them to be used to protect property include:
- Easy to use in the Czech legal environment
- Non-public register of company owners
- Possibility to use a service nominee
- Difficult Accessibility
Legal protection of property is most often used for property ownership. It uses the model where the real estate owns an offshore company and the actual owner holds the shares of that company. This results in a transfer of ownership to an offshore company, but the control of the property remains in the hands of the beneficial owner.
There is an offshore company in the land register. It serves in addition to legal protection as an anonymizing element. If it is a bearer company (for example, a Marshall Islands company ), the level of ownership anonymity is indeed very high. The actual owner does not own a real estate as such but holds offshore shares of a company that is kept as a formal owner in the land register.
Just as for real estate, offshore companies can be used to protect movable things. Each type of property has its own specifics and the transfer of ownership is bureaucratic in various ways. In general, however, it can be said that offshore companies can be used for legal protection:
- Passenger cars
- Deliveries and trucks
- Machinery and equipment
- Computers and laptops
In the Czech Republic, legal protection of property is also desirable in relation to an unregulated bailiff environment that is often abused by bailiffs. Often when it happens that the property is illegally confiscated in the course of the enforcement proceedings.
The use of property protection is appropriate, for example, in the case of a divorce where one of the spouses can separate their own acquired property from the common one and thus retain it in their ownership (or owned by a foreign company).
It is very popular to deposit property into a trust through which third-party legal protection can be secured. At the same time, this procedure allows the situation to be avoided so that even in the event of unfavorable developments the assets are not divided.
How does trust work?
Using trusts transfers ownership rights from the original owner to a trusteeship administrator who manages the property for the benefit of a third party as defined by the original owner in the Trust Agreement.
Is it safe?
By transferring the property to the trusteeship manager, the original owner loses all rights and can only intervene in a very limited way in events in trust. Notwithstanding this, there is no reason for concern, as the trusteeship administrator must fully comply with the Trust Agreement, and takes full responsibility for the management of the property, which is enforceable by law.
In the Czech Republic, the trust can also be used as a form of property ownership anonymity, since trust administrators will be listed as the owner of the real estate in all Czech publicly available registers.