Offshore Asset Protection

Discuss offshore asset protection with one of our specialists.
Legal structures that place your assets beyond the reach of US courts — trusts, LLCs, banking, and equity stripping from Rarotonga, Cook Islands.
Offshore asset protection
places your assets under the laws of a foreign country
A US creditor cannot force a foreign trustee
to hand over what a US court cannot reach
Legal structures that place assets under foreign law — beyond the practical reach of US creditors, courts, and judgments.
Co-founder of Offshore Broker. Connor connects high-net-worth individuals with offshore trust, company, and banking structures across 20+ jurisdictions including the Cook Islands and Nevis.
LinkedInOffshore asset protection is the legal practice of placing assets under the laws of a foreign jurisdiction where US court orders have no direct authority. Once assets are held by a foreign trust administered by a foreign trustee — or inside a foreign LLC owned by that trust — a domestic judgment creditor cannot simply take those assets. They cannot levy the account. They cannot appoint a receiver. The court can issue orders, but it cannot reach what sits beyond its jurisdiction.
The protection comes from jurisdictional separation. A US court’s authority extends to persons and property within its reach. When a licensed Cook Islands trustee holds legal title to assets inside an offshore LLC, a domestic judgment has nothing to attach to. The creditor’s only option is to hire foreign counsel, post a bond, and commence fresh proceedings in a foreign country under different rules, subject to a short statute of limitations and a beyond-reasonable-doubt burden of proof. Most creditors make the rational calculation that this is not worth pursuing — and settle.
Offshore asset protection is entirely legal. US persons are required to report all foreign trusts and accounts to the IRS annually — Forms 3520, 3520-A, FBAR, and Form 8938. A correctly structured, fully reported offshore asset protection structure is not a tax strategy and does not reduce US tax obligations. It is a creditor protection strategy.
The Cook Islands is the world’s most battle-tested offshore asset protection jurisdiction — 40 years of US litigation, challenged by the FTC and SEC, with no creditor ever recovering assets from a properly administered structure through Cook Islands court proceedings. Offshore Broker is based in Rarotonga and operates directly with licensed Cook Islands trustees, offering formation from $10,000 all-in.

Our Offshore Asset Protection Services
Offshore Broker provides fixed-fee offshore asset protection structures across Cook Islands, Nevis, and 25+ jurisdictions. Our team is physically based in Rarotonga — direct working relationships with licensed trustees, faster processing, and better pricing than remote intermediaries can offer.
- Cook Islands Trusts — the world’s most tested asset protection jurisdiction
- Offshore LLCs — Nevis and Cook Islands, paired with trust for total protection
- Offshore banking introductions — licensed banks, private banks, Swiss banking, EMIs
- REEIS equity stripping — protect real estate equity without moving the property
- Offshore foundations — Cook Islands, Nevis, and Panama
- Precious metals storage — Swiss-custodied, allocated, outside the banking system
Starter
A standalone Cook Islands Asset Protection Trust. Ideal for clients seeking maximum protection with a straightforward structure, managed by a licensed Cook Islands trustee.
$10,000
/inclusive of all first year fees
Plan Includes:
- Complete application process managed on your behalf
- All third-party costs including first-year trustee and government registration fees
- Full drafting of all trust documents including the trust deed
- Registered and operational Cook Islands Trust
Professional
A Cook Islands Trust with an underlying LLC. Retain day-to-day management of your assets as LLC manager while the trust provides the outer layer of protection — without creating a sham arrangement.
$11,000
/inclusive of all first year fees
Plan Includes:
- Complete application process managed on your behalf
- All third-party costs including first-year trustee and government registration fees
- Full drafting of all trust documents including the trust deed
- Registered and operational Cook Islands Trust
- Registered and operational offshore LLC (Nevis or Cook Islands)
Total Protection
A full wealth management and asset protection structure with a Trust, LLC and supplementary bank account with any one of our offshore, Swiss, private, digital asset or EMI banking partners
$12,000
/inclusive of all first year fees
Plan Includes:
- Complete application process managed on your behalf
- All third-party costs including first-year trustee and government registration fees
- Full drafting of all trust documents including the trust deed
- Registered and operational Cook Islands Trust
- Registered and operational offshore LLC
- Offshore bank account at a partner institution of your choice
How an offshore asset protection structure works
The standard structure pairs a Cook Islands Trust (outer protection layer) with an offshore LLC (the operating entity you manage day-to-day). Assets sit inside the LLC. When a creditor threat arises, the trustee steps in and removes you as manager — placing the assets beyond a US court’s practical reach.
How an Offshore Asset Protection Structure Works
The standard structure pairs a Cook Islands Trust with an offshore LLC you manage day-to-day. Assets sit inside the LLC. The trustee steps in when a creditor threat arises — placing everything beyond US court reach.
& funds
100%
by LLC
How much does offshore asset protection cost?
Most providers charge $20,000–$25,000 to establish a Cook Islands trust, plus $5,000–$8,000 per year in annual maintenance. Offshore Broker’s formation starts at $10,000 all-in — because we work directly from the Cook Islands with licensed trustees rather than routing through multiple intermediaries.
Annual maintenance typically runs $3,500–$5,000 for a straightforward structure. Add an LLC for $1,000, a bank account for a further $1,000. Full quote before you commit.
Is offshore asset protection legal?
No US law prohibits establishing a trust in a foreign country or transferring assets to a foreign trustee. The legal boundary is disclosure — not the structure. US persons must report a foreign trust to the IRS via Forms 3520 and 3520-A annually, with FBAR and FATCA filings for offshore accounts.
A properly structured, fully reported offshore trust is entirely lawful. Penalties for non-disclosure are severe — which is exactly why compliance is built into every structure we form.
When is the right time to set up offshore protection?
An offshore asset protection structure is most defensible when established before any claim has arisen. The Cook Islands’ two-year statute of limitations and beyond-reasonable-doubt burden of proof apply with full force to pre-claim transfers.
Post-claim planning is still possible in many circumstances — but it carries higher scrutiny, weaker fraudulent transfer defences, and less settlement leverage. The best time to build is when you do not yet feel you need it.
How Offshore Asset Protection Works in Practice
Select a scenario to see how the structure responds. Each timeline shows what actually happens — step by step — when a creditor, lawsuit, or legal threat arises.
Offshore Trusts — the strongest asset protection structure available
An offshore trust is a trust established in a foreign jurisdiction and governed exclusively by that country’s laws. When you transfer assets to a licensed foreign trustee, a US court order has no direct authority over them. A creditor who obtains a judgment against you cannot present it in a Cook Islands or Nevis court and have it enforced — they must commence fresh proceedings from scratch, in a foreign country, under entirely different rules, subject to strict time limits and a very high burden of proof.
The Cook Islands Trust is our flagship offering — 40 years of court-tested protection, zero successful breaks, and on-the-ground expertise from our Rarotonga base. Nevis is our lower-cost alternative with comparable statutory protections for clients where cost is the primary consideration.
Why the Cook Islands? The Cook Islands International Trusts Act, first enacted in 1984, imposes a two-year statute of limitations on fraudulent transfer claims, requires creditors to prove fraud beyond a reasonable doubt, and does not recognise foreign court judgments. No creditor has ever recovered assets from a properly administered Cook Islands trust through local proceedings. That is an unmatched 40-year track record.
Available trust jurisdictions: Cook Islands · Nevis · BVI · Cayman Islands · Bahamas · Cyprus · Guernsey · Hong Kong · Isle of Man · Jersey · Malta · Mauritius · New Zealand · Singapore · South Dakota
Offshore LLCs — the operating entity inside the trust structure
An offshore LLC sits inside the Cook Islands Trust structure and serves as the day-to-day operating entity. The trust owns 100% of the LLC. You are appointed as LLC manager, retaining full control over investments, bank accounts, and business decisions during ordinary times. When a creditor threat arises, the trustee removes you as manager — placing the LLC’s assets beyond a US court’s practical reach.
The Nevis LLC is the most commonly used vehicle for this role, offering charging order protection and a $100,000 creditor bond requirement. The Cook Islands LLC is the alternative for clients who prefer the Cook Islands statutory framework throughout the structure.
Offshore Broker forms companies in 20+ jurisdictions beyond the standard Cook Islands and Nevis offering. For clients with specific cross-border requirements — a Hong Kong operating company, a Dubai free zone entity, a BVI holding company — we manage formation across the full range of jurisdictions we serve.
Available company jurisdictions: Nevis · Cook Islands · BVI · Bahamas · Cayman Islands · Barbados · Canada · Cyprus · Dubai (RAK ICC, JAFZA) · Guernsey · Hong Kong · Isle of Man · Jersey · Luxembourg · Malta · Mauritius · New Zealand · Panama · Singapore · UK
Equity Stripping (REEIS) — protect real estate without moving it
US real estate cannot be moved offshore — the property itself sits on US soil and remains within US court jurisdiction regardless of who holds title. But the equity can be repositioned.
The REEIS (Real Estate Equity Isolation Structure) repositions up to 95% of US real estate equity into an offshore Cook Islands Trust through a structured offshore debt arrangement. The property stays exactly where it is. The equity — the valuable part — moves beyond creditor reach. A creditor who obtains a judgment against you finds real estate encumbered by an offshore debt, with little or no equity available to satisfy their claim. This is Offshore Broker’s unique offering — neither Alper Law nor Blake Harris Law have an equivalent product.
Who is this for? Real estate investors with significant portfolio equity, property owners in high-litigation-risk professions, and anyone whose primary wealth is tied up in US real estate and who has found that conventional offshore planning does not adequately address their largest asset.
The property stays. You retain ownership, mortgage deductibility, rental income, and the right to sell. The REEIS works on the equity layer — not the property itself. There is no transfer of title. No public record of the arrangement appears on the property.
Is equity stripping legal? Yes — when implemented through a properly structured offshore debt arrangement, before any creditor claim exists. Offshore Broker’s REEIS is designed and implemented with full legal compliance.
Offshore banking — accounts that sit outside the US banking system
An offshore bank account held by a Cook Islands LLC adds a further layer of practical protection. The account is in the LLC’s name — not yours. A US creditor cannot levy a foreign bank account through a domestic court order. The bank is not within US jurisdiction, not subject to a US garnishment order, and has no legal obligation to comply with a US court’s demand.
Offshore Broker introduces clients to vetted offshore banking partners including licensed offshore banks, private banks, Swiss banking institutions, and digital asset / EMI providers. Account type and institution are matched to your asset profile, reporting obligations, and risk tolerance.
Swiss banking and precious metals. For clients seeking maximum wealth preservation beyond the US financial system, Offshore Broker arranges Swiss bank account introductions and allocated precious metals storage with Swiss-based custodians. Gold and silver held in a Swiss vault — fully allocated, fully segregated, physically outside the banking system — represents a distinct asset protection and wealth preservation layer.
Reporting obligations. US persons must report all offshore bank accounts annually via FBAR (FinCEN 114) and potentially Form 8938 under FATCA. Offshore Broker ensures every banking introduction is made with full disclosure obligations explained. We do not assist clients with concealment — only with compliant offshore structuring.
Who needs offshore asset protection?
Offshore asset protection is appropriate for individuals whose creditor exposure and asset level justify the cost. The structure makes sense for people with substantial liquid wealth — typically $500,000 or more in non-exempt assets — who face above-average litigation risk.
Physicians and medical professionals face malpractice exposure that insurance may not fully cover. A single adverse verdict in a high-speciality field can be financially catastrophic. An offshore asset protection trust protects the personal wealth accumulated over a career from a single courtroom outcome.
Business owners who have signed personal guarantees, whose companies carry operational liability, or whose industries expose them to contract or tort claims at the personal level. Real estate developers, contractors, and portfolio landlords with concentrated equity exposure.
High-net-worth individuals approaching a liquidity event — a business sale, inheritance, or investment exit — who want protection in place before a large pool of liquid assets becomes accessible. The structure is significantly easier to defend when established before any claim has arisen.
International clients with assets spread across multiple jurisdictions — Australian, New Zealand, Asian, and Middle Eastern clients who need an offshore structure that serves non-US planning needs. Offshore Broker serves international clients across all jurisdictions, not just US clients, and is one of the few providers in this space with genuine on-the-ground presence in the Cook Islands.
Real estate investors with significant portfolio equity who cannot adequately protect their assets through a conventional offshore trust — for whom the REEIS is specifically designed.
Why Offshore Broker — what makes us different
Most offshore providers operate from the US, UK, or Australia and refer your work to Cook Islands trustees they have never physically met. Offshore Broker is based in Rarotonga — in the Cook Islands. Our founder John Evans served as CEO of Capital Security Bank Limited in the Cook Islands and as Director of the Cook Islands Financial Services Development Agency. Our Sales Manager Atinata Hosking spent 17 years at Capital Security Bank, progressing from Banking Supervisor to Compliance and Risk Manager.
This is not a remote intermediary service. It is direct access to on-the-ground Cook Islands expertise — with trustee relationships built over decades, not sourced through a directory.
Pricing that reflects our position. Because we operate from the Cook Islands and work directly with licensed trustees — not through multiple intermediary layers — our formation starts at $10,000 all-in. Most providers charge $20,000–$25,000 for the same structure. We can offer lower pricing because our cost of delivery is lower.
What we offer that competitors don’t. REEIS equity stripping for real estate — unique to Offshore Broker. Cook Islands, Nevis, and Panama Foundations — no equivalent at Alper Law or Blake Harris Law. Company formation across 20+ jurisdictions. Offshore banking and Swiss gold storage. Genuine non-US client capability for Australian, NZ, and Asian clients.
Transparency on limitations. We tell you honestly what the structure can and cannot do — including its weaknesses in bankruptcy, its requirements for structural integrity, and the compliance obligations that come with it.
Common questions about offshore asset protection
What is offshore asset protection?
Offshore asset protection is the practice of placing assets under the governance of a foreign legal system where US court orders have no direct authority. A foreign trustee — located outside the United States, operating under foreign law — holds legal title to assets. When a US court orders you to produce those assets, you cannot comply, because the trustee controls them and is not bound by the US order. This is the fundamental mechanism that makes offshore structures work where domestic planning cannot.
Is offshore asset protection legal?
Yes. No US law prohibits placing assets into a foreign trust or LLC. The legal obligation is disclosure: US persons must file Forms 3520, 3520-A, FBAR (FinCEN 114), and Form 8938 annually. Offshore Broker builds every structure for full IRS compliance from day one. A correctly structured, correctly reported offshore trust is entirely lawful.
Can a US court take assets held in a Cook Islands Trust?
No — not directly. A US court can issue orders against you as an individual, but it has no authority over a Cook Islands trustee who holds assets in a different country under different law. If the trustee has genuine independence and the structure is properly documented, you can truthfully tell the court that you cannot comply with a repatriation order — because the assets are controlled by the trustee, not by you. This impossibility defence has been recognised in real US court cases involving Cook Islands trusts.
How much does offshore asset protection cost?
Offshore Broker’s Cook Islands Trust formation starts at $10,000 all-in, inclusive of all first-year trustee and government registration fees. The Professional package (Trust + LLC) is $11,000. The Total Protection package (Trust + LLC + offshore bank account) is $12,000. Annual maintenance typically runs $3,500–$5,000. Most providers charge $20,000–$25,000 for the same structure; our pricing reflects our Cook Islands base and direct trustee relationships.
How does offshore asset protection work if I'm sued?
Once a lawsuit is filed, the duress clause in your trust deed activates. The trustee enters protective mode. Your assets — held inside the offshore LLC in the LLC’s name — do not appear on any US asset search. The plaintiff’s attorneys find nothing to attach to and adjust their settlement position accordingly. Most cases settle at the discovery stage, before any Cook Islands court proceedings are needed. See the scenario walkthroughs above for a step-by-step breakdown.
What is the difference between a Cook Islands Trust and a Nevis Trust?
Both offer comparable statutory protections: a two-year statute of limitations, beyond-reasonable-doubt burden of proof, non-recognition of foreign judgments. The Cook Islands has a 40-year litigation track record with no successful creditor recoveries through local proceedings — the strongest in the world. Nevis has a creditor bond requirement (~$100,000) that adds an additional practical barrier. Nevis is a viable lower-cost alternative; the Cook Islands’ deeper litigation history justifies the modest cost difference for most clients.
Can I protect my real estate with an offshore trust?
Not directly — US real estate sits on US soil and remains within US court jurisdiction regardless of who holds title. But the equity can be repositioned. Offshore Broker’s REEIS (Real Estate Equity Isolation Structure) moves up to 95% of real estate equity into an offshore Cook Islands Trust through a structured debt arrangement, without transferring the property. The property stays. The equity moves. This is Offshore Broker’s unique offering — not available through most offshore planning providers.
What are the IRS reporting requirements for an offshore trust?
US settlors of a Cook Islands Trust must file Form 3520 (annual report of transactions with foreign trusts) and Form 3520-A (annual information return of foreign trust with a US owner) each year. Offshore bank accounts require FBAR (FinCEN 114) and potentially Form 8938 under FATCA. Penalties for non-filing start at $10,000 per form per year and can escalate to 5% of total trust assets. A CPA handles these filings; Offshore Broker ensures every structure is documentation-ready from day one.
Can I set up offshore asset protection after a lawsuit has started?
In some circumstances, yes. Cook Islands trust law allows post-claim planning with modifications to the trust deed to address existing creditors. However, post-claim structures carry higher fraudulent transfer scrutiny, weaker statutory defences, and less settlement leverage. The offshore trust is most effective — and most defensible — when established before any legal threat exists. Book a consultation to discuss your specific circumstances.
Do offshore trusts protect against bankruptcy?
Offshore trusts have meaningful weaknesses in bankruptcy. Under § 548(e)(1) of the Bankruptcy Code, a federal bankruptcy trustee can claw back transfers to self-settled trusts made within 10 years of filing. Unlike a Cook Islands trustee — who is beyond US jurisdiction — a bankruptcy trustee has worldwide reach. Offshore trusts provide strong protection in civil litigation and creditor enforcement scenarios, but bankruptcy is a distinct risk that any client with insolvency exposure should discuss with a specialist attorney before proceeding.
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