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  1. Terryw

    Asset protection - Structure

    You can't really move things after setting them up and attain any protection, especially in the short term. I wouldn't have anything in the trading trust except the trading business. Consider backup appointors and asset protection. Consider estate planning. BTW, i have a client who's...
  2. Terryw

    Asset protection - Structure

    You also mention current assets. The persons holding these assets will be exposing them to a certain extent if they are directors or trustees
  3. Terryw

    Asset protection - Structure

    Need to be more specific. If you are going to be conducting business, then you should isolate the business by using a company to limit liability. Directors can sometimes go down with the company, and are often required to give personal guarantees. So it is a good idea for a director to be...
  4. Terryw

    Asset protection - Structure

    Devank What are you trying to achieve? And what/who are you trying to protection your assets from?
  5. Terryw

    Asset protection - Structure

    Its a bit hard to understand from your diagram. Looks like your trading trust holder real property and shares in the piggy bank trust.
  6. Terryw

    Asset protection - Structure

    Its not so much the structure but how you set it up and how you use it. Discretionary trusts and superannuation are the two best structures for asset protection. Discretionary trusts are good because no one has any entitlement to the income or capital of the trust (until the trustee makes...
  7. Terryw

    Asset protection - Structure

    Really that structure is pretty simple. It is just one trust for owning the trading business and a separate trust for investment property. A third trust is added for owning the shares. A mortgage broker is probably likely to be using this structure themselves. No one would be, hopefully...
  8. Terryw

    Asset protection - Structure

    Hi guys I can't see how it is over the top. That is the structure someone with a business would use. It consists of one structure for the business (= trust with company as trustee). And one structure for the investing (= trust with company as trustee). The shares of these companies...
  9. Terryw

    Asset protection - Structure

    I think the structure in the 2nd diagram is pretty good and the way I have done my structure, pretty much. There is a trading company with its own trustee which is good if this company is sued. The shares of this company are owned by a separate trust, the Piggy Bank trust. The investment...
  10. Terryw

    Asset protection - Structure

    Also, should add: - Maintain adequate insurance - Take advice on the internal structure of your trusts and companies.
  11. Terryw

    Asset protection - Structure

    Don't always believe the hype. View it critically. Keep your eggs in separate baskets, or not too many in the one basket. For good asset protection: -Beware of the clawback provisions in the Bankruptcy Act. -Be aware of the powers of the Family Courts. -Be aware that wills can be...
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