A trust may be settled in Gibraltar and the assets within that trust placed beyond the reach of future creditors of the Settlor remains solvent having settled the assets.

Gibraltar satisfies the usual factors when considering a jurisdiction in which to stablish an Asset Protection Trust namely:
• Politically and economically stable
• Modern telecommunications facilities
• Adequate legal, and accounting services
• Regulated and supervised by a statutory Financial Services Commission.
• Favourable tax laws and common law jurisdiction
• English language

The Bankruptcy Amendment Ordinance 1990, amended the Bankruptcy Ordinance in relation to Asset Protection Trusts by the introduction of section 42 A clause 1 which states if:
• Under or by virtue of any disposition made in respect of property the same becomes settled property, and
• The Settlor is an individual
• The Settlor is not insolvent at the date of the disposition
• Does not become insolvent in consequence thereof, and
• The disposition is registered in accordance with the requirements of any regulation.

Such disposition shall not be voidable at the instance of or upon application by any creditor of the settlor.

The objective factor is the solvency of the Settlor rather than the intent of the Settlor.

To take advantage of the Ordinance, the Settlement must be registred with the Financial Services Commission, for an initial fee of £225.00. The trustees must be regulated and licensed under the Financial Services Ordinance qand their due diligence procedures approved by the Commissioner.