Thursday, June 21, 2012

Why Use Guatemala for an Offshore Trust

Introduction - The question is why use Guatemala for an offshore trust jurisdiction, the goal being the preservation and protection of assets.

Litigation Protection - It would be nearly impossible for a creditor from another country to domesticate their civil judgment in a Guatemala Court. There are no treaties between Guatemala and other countries for reciprocity in civil judgments including - divorce, lawsuits, bankruptcy, alimony, child support or spousal support orders or payments.


Favorable Trust Laws - Guatemala has extremely favorable trust laws allowing the client to remain extremely secret.

Attorney Client Privilege - The attorney client privilege in Guatemala is nearly considered sacred thus it is almost impossible to pierce. In the favored trust agreement the trustee (the one entrusted with the assets) is the Guatemala Law Firm. Getting any information from the law firm would be near impossible in the Guatemala courts would protect the attorney client privilege to extremes. The effect is that no one would be able to determine whom the trustor or settlor was.

Bank Secrecy - Guatemala bank secrecy is world class. There is virtually no cooperation in terms of information sharing with other countries. In any event the bank records will not have your name on them anywhere even though you may have online banking access and an ATM and/or Visa card from the bank account, which would never be in your name.

No Currency Controls - In Guatemala one can move in and out of the country any amount of money under their control; there are no limits of any sort.

Taxes - Guatemala does not tax offshore income. For the vast majority of clients this means no income tax unless you receive money from other Guatemala persons or business for good sold or services performed.

Weather - Guatemala is free of extreme weather that can close banks due to electrical, phone and Internet outages. No snow, no freezes, no storms. Weather is between 55 and 75 year round.

Communications - It is essential that you can communicate with the Trustee when you need to. Guatemala has excellent Internet Bandwidth, good cell phone coverage and of course land lines for phone and fax. There are a number of options to communicate with the Trustee in Guatemala.

Travel - Should the need to travel to Guatemala arise (this is almost always an option only, rarely required) there are a number of airlines flying regularly to Guatemala City. Guatemala is only 2 hours from USA, 1.5 hours from Mexico City, 2 hours from Panama, 1.5 hours from Nicaragua etc.

Language - The law firm and the banks all speak excellent English and Spanish. This means fewer mistakes than you would have in a country without English speakers.

Guatemala has a Stable Democracy - Free elections and a lack of ties to certain countries that like to violate privacy and get other countries to do so.

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