The
Cayman Islands has enacted
The Fraudulent Disposition
Law, 1989, effective
May 1, 1990, which replaced
the Statute of Elizabeth.
This law is not nearly
as liberal as many other
jurisdictions in that
it has a six year statute
of limitations and provides
at section 4.(1) that "every disposition of property made with an intent to defraud and at an undervalue
shall be voidable at
the instance of a creditor
thereby prejudiced." The law only protects creditors who were in existence at the time of the transfer.
Unanticipated future
creditors are not protected
by the Cayman law. The
burden of proving the
willful intent of the
transferor is on the
creditor. Suit can only
be brought by a creditor
on behalf of himself.
A Cayman court will not
recognize a suit brought
by a trustee in bankruptcy
on behalf of all creditors.
A
trust on the Cayman
Islands settled without
local resident beneficiaries
may register as an
“exempted trust” An
exempted trust is granted
a fifty year tax holiday.
The law permits substantial
flexibility, including
a fixed perpetuity
period or up to 100
years, provided the
trust is submitted
to the Registrar for
advance approval. In
addition, Cayman law
permits the selection
of Cayman law in the
trust instrument even
though neither the
settlor, the trust
property nor the trustees
have any connection
with the Cayman Islands.
If Cayman law is selected,
the trust cannot be
voided on the ground
that it contravenes
the laws of another
jurisdiction (including
forced heirship laws),
including the domicile
of the settlor, or
is not recognized by
the law of another
jurisdiction (e.g.
purpose trusts).
Despite
the less favorable
trust law and despite
the fact that a comprehensive
review of trust legislation
is currently in process,
the Cayman Islands
remains one of the
favored jurisdictions
for the settlement
of asset protection
trusts. The Cayman
Islands, like the Bahamas,
has strong secrecy
laws.
The
Cayman Islands boast
a very strong banking
presence. Grand Cayman
has 538 Banks which
hold over $430 billion
in deposits. By way
of comparison, that
makes Grand Cayman
one of the world's
ten biggest financial
centers, comparable
to London, New York
and Tokyo.
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