Abstract
‘Asset Protection’ can be defined as the process of organising one's assets and affairs in advance, so as to best guard them in the future against future financial loss. ‘Asset Protection Trusts’ and its acronym ‘APT’ are of recent coinage, and refer to a form of highly focused and pro‐active trust planning that is designed to place specific assets beyond the reach of potential future creditors. This type of planning became popular during the 1980s, largely in response to the problems certain groups of ‘high risk’ professionals experienced in the United States in obtaining affordable professional liability/malpractice cover. Gibraltar has passed legislation by way of amendments to its Bankruptcy Ordinance on 8th March, 1990. The legislation aims specifically at transfers into trusts made by non‐resident individual settlors, and provides for a system of confidential registration with the Gibraltar authorities.
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