• A Trust may be settled in Gibraltar and the assets within that trust
placed beyond the reach of future creditors of the Settlor providing the
Settlor remains solvent having settled the assets.
Gibraltar satisfies the usual factors when considering a jurisdiction in
which to establish an Asset Protection Trust namely:
• Politically and economically stable
• Modem telecommunication 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
regulations