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How to set up an offshore trust: your questions answered
Setting up an offshore trust means choosing the governing place and a trustee, agreeing the deed, passing the trustee’s checks and signing. These answers cover how to set up an offshore trust, plus legality, tax, cost, timing and running it, in general terms, not as legal or tax advice. For your own case, get a quote or ask us.
Frequently asked questions
Setting up an offshore trust
What happens, step by step, when you set up an offshore trust?
First agree the purpose and who should benefit. Your lawyer drafts the deed under the chosen law while the trustee checks identity and the source of the assets. After signing, the assets move into the trustee’s name and are recorded. The guide shows each stage in more detail.
How do I put a company or an LLC into a trust?
Usually the owner transfers the shares or membership interest to the trustee under the deed, after checking the company’s own documents and any consent a lender or partner must give. The trustee then holds the interest and the company carries on. Company, tax and local law checks come first, so involve your lawyer.
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Legality and regulation
Are offshore trusts legal?
Yes, in the places whose law provides for them. A trust needs a lawful purpose, a valid deed under its governing law, and taxes and reporting dealt with where the people involved live. It cannot be used to hide assets, defeat existing creditors or evade tax. A trustee will refuse a trust whose purpose or funding it cannot confirm.
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Tax and reporting, in outline
How are offshore trusts taxed?
It depends on where the settlor, the beneficiaries, the trustee and the assets are, and on the law that governs the trust. Many countries tax trust income or distributions in the hands of the people they treat as owners or recipients, and exchange account data under international reporting rules. We do not give tax advice, so ask your own adviser before you sign.
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Cost and timeline
How long does it take to appoint a Hong Kong trustee?
Time depends mostly on how quickly documents arrive and on checks by banks and registries outside our control, so we do not promise a date. Once you apply, the client portal shows each step and what is outstanding, and a 30-minute call sets out what to prepare first.
What drives the cost of a trust?
The cost depends on the structure, the places and assets involved, how many parties the trustee must check, and how much work the trust needs each year. We publish the set-up fee for each place; annual administration and event-based work are quoted after we review your case. Banking, legal and registry charges outside our control can add to it.
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Running the trust
Can a trust borrow money from a bank?
A trustee can borrow only if the deed and the governing law allow it. A lender will usually ask to see the deed, the trustee’s authority and the purpose of the loan. Some deeds limit borrowing or need a protector’s consent. Ask a lawyer before approaching a lender.
What is asset management, and is it what a trustee does?
Asset management means running investments for a client, usually under a licence. A trustee does something different: it holds the assets, checks instructions against the deed, approves distributions and keeps the record. A bank or licensed manager that the deed allows for can run the investments.
Still have a question?
Our team can explain the options in general terms. We do not give legal or tax advice.