01
When the structure has a legitimate purpose
The structure may support pre-planned ownership of an international portfolio, succession, distribution rules and protection of vulnerable beneficiaries. It must not be used after a claim arises to conceal assets, evade tax, bypass sanctions or breach a court order.
02
Cook Islands International Trust
An International Trust is registered under the International Trusts Act and trustee business is carried on by a licensed local provider. The deed defines discretion, beneficiaries, protector, replacement, reserved powers, governing law and disputes; registration does not replace sound drafting and actual administration.
03
Asset protection: real limits
Cook Islands law contains specific rules on fraudulent dispositions, limitation and recognition of foreign judgments. They do not mean 100% immunity: a timely creditor claim, fraud, an existing obligation and applicable foreign public law can change the outcome.
This material is general. Structuring is solely for lawful advance planning and must not be used to conceal beneficial ownership, evade tax, bypass sanctions, breach a court order or prejudice existing creditors. The bank, trustee and registered agent make independent decisions.
04
Trustee, protector and family governance
Trustee independence needs a coherent protector and family-governance framework. Excessive settlor control can undermine the legal and tax position. A letter of wishes communicates intent but should not reduce the trustee to a nominee.
05
Swiss account and Form T
A Swiss bank identifies the trustee, ultimate economic settlor, former settlors on resettlement, beneficiaries or classes, protector and persons with revocation or appointment powers. Form T or equivalent, deed, tax memorandum, source of wealth/funds and projected activity must align.
06
Tax, CRS and implementation
The Cook Islands and Switzerland apply AML/CFT and CRS. Separately assess settlor and beneficiary residence, controlling persons, attribution, distributions, reporting and trust recognition across family and asset countries. Account opening remains the bank's decision.
FAQ
Frequently asked questions
Is a Cook Islands trust completely invulnerable?
No. The law has strong specific mechanisms but does not legitimise a fraudulent transfer or override applicable claims, tax or court duties.
Does the Swiss account hide the settlor and beneficiaries?
No. The bank identifies relevant and controlling persons and tax residence under AML/CRS.
Can the account be guaranteed?
No. The trustee and bank conduct independent reviews and may refuse or request more evidence.
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