Bermuda
has enacted The Trusts
(Special Provisions)
Act 1989 which became
effective January 31,
1990. Section 11 of this
Act provides in part
that where "a trust is validly created under the law of Bermuda the Court shall not vary
it or set it aside pursuant
to the law of another
jurisdiction in respect
of...the protection of
creditors in matters
of insolvency...unless
the law of Bermuda has
corresponding laws or
public policy rules." This Act also permits a schedule of statutory boilerplate to be easily incorporated
into a trust by a simple
reference. Bermuda like
a number of its neighbors
has a substantial history
of professionally dealing
with offshore trusts.
Normally, a Bermuda court
will not assume jurisdiction
to enforce a judgment
against the United States
settlor of an asset protection
trust unless the settlor
is resident in Bermuda.
Bermuda permits the formation
of private trust companies
to serve as trustee of
an asset protection trust.
The stock of this company
may be owned by the settlor's
family members or a trust
set up for this purpose.
It is thought that by
using private trust companies
the settlor has firmer
control without actually
holding the power to
remove and appoint trustees.
As a condition to forming
a private trust company
the names and addresses
of its beneficial owners
must be disclosed to
the Bermuda Monetary
Authority which treats
such information as confidential.
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