Our international clients are successful, wealthy entrepreneurs. They all sleep peacefully like a baby because they have disconnected their assets from the influence of their courtrooms at home. They have transferred their assets into a Cook Islands trust with an offshore bank account in Switzerland (in the name of Nevis LLC, owned by the Cook Islands Trust). You can do the same to protect what you’ve earned with our battle-proven asset protection strategies.

Studies show that business people in the US have five to ten lawsuits in a lifetime. The next lawsuit is sure to come. Safeguard your assets from legal threats such as claims from creditors, business disputes, divorce, liabilities, seizures, forfeitures, malpractice, political turmoils, financial kidnapping, and bankruptcy. Having your financial future protected offshore is priceless.

In this article, I will explain how you can hide and protect your wealth to secure a financial future for you and your family.

After reading this article, you decide if you need the Cook Islands Trust or if a Swiss bank account in your name is sufficient for protecting assets and privacy. However, there is no way around it. Start today and disconnect your wealth from the influence of the courts at home. Transferring your wealth outside your country is imperative to achieve protection. Let’s get started!

Your

Enzo Caputo
Asset Protection Lawyer | Caputo & Partners AG

Autor: Enzo Caputo
Banking Lawyer since: 1986

Position: Founder & CEO of the
Boutique Law Firm Caputo & Partners

Updated on: 27.02.2025

• Nobody can attack you with fraudulent transfer claims two years after the assets are transferred into the trust. It’s game over (strongest asset protection provisions).
• The Cook Islands does not recognize foreign judgments, such as those from the USA, against trust assets. Legal predators must fight again in the Cook Islands, which is expensive.
• The Trust Deed is not publicly registered. You remain anonymous.
• Financial predators must prove their case beyond a reasonable doubt, making the Cook Islands debtor-friendly.
• No tax benefits. You can’t reduce the tax bite but protect what you’ve earned.

The Cook Islands Trust is a proven offshore asset protection trust that hides, protects, preserves and grows wealth for high-net-worth individuals exposed to legal threats.

Based on a Trust Deed, the Settlor (you) instructs the trustee to dispose of the assets in the interest of the beneficiaries, mostly family members. The assets left the sphere of influence of the courts at home, including US courts. The Cook Islands Trust prevents seizure by creditors, safeguards assets during divorce and bankruptcy proceedings, and provides leverage in settlement negotiations.

The Cook Islands Trust is considered the best asset protection instrument compared to other trust jurisdictions, such as Belize, Nevis, Bahamas, and Panama. Meanwhile, several offshore jurisdictions have copied the Cook Islands Trust laws because they have proven to protect assets and privacy since 1984.

The Settlor (that’s you): You transfer the assets to the trustee, who legally owns them. You irrevocably give up control over the assets in favor of the Trustee. A Cook Islands trust is irrevocable, meaning once assets are transferred, you lose control over them. However, you can remain the beneficial owner among other trust’s beneficiaries.

The Trustee: Is a trust company domiciled, licensed, and regulated in the Cook Islands. The Trustee is responsible for the trust’s assets and distributes them to the beneficiaries according to the Trust Deed (the agreement between the Settlor and the Trustee).

The Protector: He is the Settlor’s confidant (typically the Settlor’s family lawyer). He can interfere in the Trustee’s activities to protect the beneficiaries. To safeguard assets, the Trust Deed should authorize the Protector to remove and appoint a new Cook Islands trustee and change the trust’s jurisdiction.

The Beneficiaries: Usually, the family members of the Settlor, including the Settlor, are the Beneficiaries. Here is one of a few smart moves to increase control. You can appoint your revocable trust as a beneficiary of your irrevocable trust to increase control over your assets.

Over the past 40 years, multiple verdicts have proven that the trust structure protects assets and privacy. In conjunction with a Swiss bank account, offshore lawyers worldwide consider the Cook Islands Trust the Gold Standard in the asset protection industry, especially for US residents.

The Cook Islands judicial system regulates the trust companies very strictly. Trustees must undergo extensive background checks to ensure compliance and security.

The financial service industry in the Cook Islands has an impeccable reputation.

Offshore asset protection trusts in the Cook Islands work like normal trusts – just 10 times better.

Why? Because they have protected assets for the last 40 years. That’s an impressive track record.

The Trust has disconnected the assets and the trustee from the influence of US courts.

Foreign courts, including US courts, have nothing to say in the Cook Islands. A won case in the US means nothing. If time is left, the claim must be filed again in the Cook Islands.

Bankable assets are hidden in Switzerland, and the trustee must be domiciled in the Cook Islands.

The trustee must be a trustee company licensed by the Cook Islands government. He becomes the legal owner and administrator of the assets. The nice thing is that independent third parties from abroad can be involved as advisers and protectors. The protector can remove the trustee, make investment decisions, move the trust to another offshore jurisdiction, and protect the interests of the beneficiaries.

Since the trustee and the assets are offshore, US judges cannot order the trustee to transfer assets back and allow the creditor to take them away. Here is the thing. Creditors cannot legally seize, access, or interfere with the assets inside a Cook Islands Trust because of the favorable trust laws. They are battle-proven and have been confirmed in practice by multiple debtor-friendly verdicts of the courts in the Cook Islands since 1984.

To attack assets controlled by a Cook Islands trust, a US creditor must re-claim the original US claim in the Cook Islands Court Chambers within one year (after discovering that the assets had been transferred) and win the case in the Cook Islands. The procedure is costly and complicated. Therefore, for creditors is hard to win in the Cook Islands.

The short two-year period (statute of limitations) makes it practically impossible for creditors to re-claim the identical fraudulent conveyance claim in the Cook Islands. The reality is that most plaintiffs run out of time and money.

After two years the assets have been transferred, they become immune from international lawsuits, including from the US. It’s game over for creditors.

Such a short two-year period does not exist in other jurisdictions, only in the Cook Islands and recently in Liechtenstein.

Investors involved in high-risk activities, including US investors, typically invest their bankable assets in a Swiss bank account in the name of a Nevis LLC controlled by an irrevocable Cook Islands trust. An irrevocable trust means giving up control over the assets to increase asset protection.

Typically, you act as the director of the Nevis LLC. As a director, you deal directly with the Swiss bank and the Swiss money manager. If the risk of a claim arises, you will step back as a director. A nominee director who has been provided by the licensed Cook Islands trust company will replace you until the legal battles with the pretenders are solved.

A revocable trust can be modified anytime, and the settlor has direct control over it but less protection. An irrevocable trust can not be directly modified, but indirect ways exist. The Settlor needs a Protector to make amendments. In practice, the Protector (the “Alter Ego” of the Settlor) can remove the trustee if the trustee disrespects the settlor’s wishes. To maximize protection, the Settlor must give up control.

Only irrevocable trusts protect assets. If a US judge orders the Settlor to return the assets to the creditor or spouse, the Settlor can argue that he has no control over them. The trustee will respond to the judge. He will refuse to transfer assets to the creditor because it is his job to protect the assets.

We help protect what you’ve earned.

We’ve been advising people with asset protection and estate planning for over 30 years.

Are your assets really safe? Let’s find out and speak with Mr. Enzo Caputo today.

There are additional costs to consider, for example:

Accounting fees for a CPA to prepare financial statements and tax returns;

Banking fees are charged by the Swiss private bank and the money manager to maximize your investments. We help you choose the safest Swiss bank and an asset manager who delivers consistent results.

We make sure you get fair pricing.

A yearly fee is charged to pay the Protector of your trust.

If you have real estate to be protected by the trust, you must calculate additional costs for more offshore companies. To minimize liability and avoid contamination risks, each real estate object, a yacht, or a private jet demands a segregated offshore company. The trust works similarly to a holding company owing the shares of all your underlying offshore companies.

Setting up a trust can be time-consuming, complex, and expensive.

If you are close to or already in litigation, the cost can be much higher because Cook Islands trust companies have become reluctant to onboard clients in litigation. In case of litigation, we recommend a Belize trust. In the case of ongoing litigation, trust companies in Belize would have no problem onboarding you.

The Cook Islands trust is considered one of the most powerful tools for asset protection. It offers benefits such as moving assets beyond the reach of court orders at home, preventing creditors’ seizure, safeguarding assets before and during a divorce, and providing leverage in settlement negotiations.

A Cook Islands Trust with a Swiss bank account is a game-changer for keeping your wealth private and safe. It’s like a private steel vault for your assets.

Even the long arms of U.S. courts can’t make offshore trustees do anything with the trust assets. You are shielded against the civil claims of financial predators.

To accuse someone of fraudulently transferring assets into a trust, creditors must prove it “beyond a reasonable doubt” in the courts of the Cook Islands. Furthermore, creditors must prove that the transfer left the debtor insolvent. That’s the highest proof standard, like in criminal cases! Plus, they only get one year to file the claim when the cause of action accrues.

If you set up a trust when you are already in litigation, we recommend the Belize Trust. Recently, the regulators in the Cook Islands have been pressuring trust companies not to accept clients involved in litigation.

Here is the thing. For battle-proven protection, set up the trust when there is no dispute.

Their laws were built just for this kind of asset protection.

International asset protection lawyers agree that the Cook Islands have the longest asset protection case law history against civil claims.

The settlor and the beneficiaries remain anonymous. Only the name of the trust and trustee are public. This means no nosy neighbors or mean rivals can peek into your financial life.

Cook Islands trusts are great because they keep various assets safe. These include bankable assets, crypto, land, buildings, participations, businesses, art collections, physical gold, royalties, intellectual property, life insurance policies, oil vessels, yachts, and private jets.

Let’s have a look at how to set up a trust in the Cook Islands.

1. Talk to an experienced offshore lawyer like me. I can show you what other entrepreneurs did in similar situations.
2. From day one, we open an offshore bank account in Switzerland. Then, within 48 hours, we transfer your money to Switzerland. Boom, your money is safer than anywhere else on the planet. 
3. We choose a reputable and licensed Cook Islands trust company.
4. We decide what goes into the trust to be protected. We start with the formation of underlying offshore companies (to be controlled by the trust), for example:
   • a Nevis LLC to hold your Swiss bank account,
   • an offshore company in Malta to hold your yacht and private jet.
   • a British Virgin Island company to hold your real estate property in London,
   • an offshore company in Panama to hold your oil vessel,
   • and a company in Luxemburg to hold your royalties.
5. The trust company writes down all the rules for the trust in a document called the “Trust Deed.” We double-check the wording, appoint a protector as your confidant, and have you sign the Trust Deed.
6. Last but not least, we transfer the shares of the underlying companies into the trust.

The Cook Islands trusts become interesting compared to those in Nevis, Belize, the Bahamas, the Cayman Islands, Hong Kong, Singapore, Liechtenstein, Jersey, and the British Virgin Islands. Please compare the various statute of limitations periods.

The following chart compares a few classic offshore trust jurisdictions.

The Cook Islands Trust structure offers better legal shields than many places. You must go offshore to find such a high level of privacy and asset protection. There is no way around it.

The protection of a domestic trust is limited because domestic courts have influence over your assets.

Let me give you some examples of FAQs.

Let’s discuss typical questions of my clients.

It depends on the client’s situation. However, the Cook Islands Trust is tailor-made for US entrepreneurs. For 200 years, Switzerland has been the best country for protecting bankable assets, and Cook Islands Trusts are famous for asset protection.

Switzerland is the best jurisdiction for protecting bankable assets, including crypto. Instead of keeping crypto investments on a hardware wallet or memory stick, we have a much safer solution. We book our clients’ crypto assets with a few Swiss banks specializing in secure crypto storage (Maerki Baumann Privatbank, Sygnum Bank, Swissquote Bank).

Switzerland has the most important gold market in the world. It is also number one for protecting physical gold, followed by Singapore and the Cayman Islands. Eventually, you can buy gold at a lower premium in Hong Kong and Dubai. However, safety first.

The type of entity depends on the type of assets and jurisdiction. In the classic trust structure, the trust holds underlying offshore companies that hold assets.

• A Nevis LLC is perfect for holding your Swiss bank account.
• Malta is suitable for holding your yacht.
• Gibraltar is famous for betting operations and online casino businesses.
• Panama is the best for holding oil vessels.

The Cook Islands Trust holds its assets indirectly through underlying offshore companies; it should not hold assets directly in order to enhance privacy.

If you are married, you must calculate with a 50% probability that a divorce can destroy your financial future. You can lose everything you have. In any case, you need a Swiss bank account as soon become wealthy. All of my international clients have opened a Swiss bank account for rainy days and geographical diversification. Bankable assets should be far away from the courts at home. Geographical diversification offers more options.

How to protect assets from divorce?

If your marriage becomes critical, your personal bank account in Switzerland must be transferred in the name of a Nevis LLC. The shares of the Nevis LLC must go into the Cook Islands Trust. You act as a director of a Nevis LLC, still dealing with your bank. You can delay divorce proceedings until the two-year period ends (statute of limitations).

If divorce becomes inevitable, step back as a director. A nominee director (domiciled in the Cook Islands) will replace you until the claims in the Cook Islands, if any, are settled.

Now you are in Pole Position, ready to negotiate divorce.

When your love is on the rocks, your assets in Switzerland are hidden because of strong banking secrecy laws.

If your spouse knows the bank name and your account number, you should consider setting up a trust as an additional barrier. You should not tell your wife about the existence of the Swiss bank account if you are not forced by a judge to do so.

If you can’t avoid a divorce, meet me as soon as possible—the earlier, the better. We have some secret battle-proven asset protection strategies you will love. Obviously, I can not disclose all the professional secrets I have collected and tested over the last 30 years in this forum.

As soon as your assets are in your irrevocable Cook Island Trust Structure for two years—boom—your money is hidden and protected. The assets are legally owned by the trust and not by yourself anymore. If you are forced to disclose your assets to the judge, the assets in the trust are not yours.

The courts in the Cook Islands will not accept your wife’s Cook Islands trust divorce claim. Even if she sues you before the two-year period has ended, you are sitting in the driver’s seat anyway. You can leverage settlement negotiations if you want to be nice to your ex-wife.

If you think she deserves nothing, we have a few secret strategies. We legally break the paper trail. This ends fishing expeditions of legal predators.

This is where magic happens:

In Switzerland, your assets are not exposed on a silver plate. They are out of the sphere of influence of a US court. Ideally, they have been sitting for at least two years in a Swiss bank account in the name of a Nevis LLC owned by a Cook Islands trust.

If this is the case, legal proceedings of financial predators are useless. The court refuses to open the file and hear the plaintiff. It’s game over.

The Cook Islands make sure trust companies follow strict guidelines. This means these companies must do everything by the book to protect your assets.

They’ve changed their laws to match global anti-money laundering standards. The origin of funds must be disclosed and documented.

Don’t blindly follow the advice of the big bank’s advisors.

I have seen significant losses in the millions of dollars and hidden fees that have destroyed many assets of wealthy entrepreneurs.
Be smart and learn from other millionaires’ mistakes.
Speak to Mr. Enzo Caputo today and let us analyze your situation.

Fraudulent conveyance or transfer is the illegal or unfair transfer of property to a third party with the intention of hindering, deferring, or defrauding creditors (in bad faith) before or during bankruptcy or divorce proceedings. The goal of the claim is to cancel the transfer and restore the previous creditor’s financial situation (Roman Law, Lat. Status Quo Ante).

The fraudulent transfer law has imposed a high burden of proof on the creditor. He must prove the explicit intent to defraud “beyond a reasonable doubt” and leave the debtor insolvent. Fraudulent conveyance claims (Roman Law, Lat. Actio Pauliana in Fraudem Creditorum) can no longer be filed two years after the transfer. It’s gone.

Other jurisdictions do not have such a short two-year period and high proof burden. That’s why Cook Islands Trusts have earned the reputation as the most debtor-friendly jurisdiction in the world.

There is no Cook Islands tax on trusts managed in the Cook Islands, and no income, wealth, capital gains, or estate tax applies to non-resident individuals. The IRS will not tax the trust itself. A US person is taxed for the trust assets as he was taxed before setting up the trust. The IRS considers the trust and its underlying offshore companies non-existent flow-through entities.

Typically, we open a Swiss bank account in your name within two weeks. Simultaneously, we set up a Nevis LLC (limited liability company) and the Cook Islands Trust.

You will be appointed as a director of Nevis LLC, and the bank account will be in its name. As soon as the trust is established ( it can take a few weeks), the shares of Nevis LLC will be transferred into the trust.

As a director of the Nevis LLC, you deal directly with the Swiss bank and the Swiss money manager.

Opening a bank account for an offshore trust or company is not as simple as opening a bank account in your name. Banks must follow strict international money laundering laws, and extensive background checks are inevitable.

However, Swiss banks are familiar with offshore companies and Cook Islands trusts. Opening accounts for trusts and international business companies is their daily business.

I do not recommend banks in the Cook Islands, as other offshore lawyers do. Swiss banks are the safest banks in the world. They are used to deliver top services to the most sophisticated investors.

Good money managers are not found around the corner. As the former CEO of the Swiss Association of Asset Managers, I know who performs and who does not. I have worked with the good ones for decades. I recommend a handful of Swiss wealth managers who have proven to deliver results. My clients are happy. They sleep like babies. I never lost a client.

A Cook Islands Trust is the most efficient asset protection trust structure against civil claims of future creditors, a divorced spouse, former business partners, and other legal instruments such as a court order or seizure. After two years, it’s game over.

The reality is that the best protection barrier in the world is the Cook Islands Trust.

The more successful a business owner is, the greater the risk of a legal threat. Legal predators systematically target successful entrepreneurs, considering them high-value targets with deep pockets.

A high net-worth individual owns at least one million USD in bankable assets. These include business owners, celebrities, artists, sportsmen, or anyone who has become rich and wants to preserve what he has earned. They face risks from divorce battles and financial predators ready to pounce.

My clients often ask me about keeping their family’s wealth safe. I tell them to look at the Cook Islands trusts because the Cook Islands have no anti-perpetuation rules. These trusts are perfect for people who want to preserve money for future generations.

As an international asset protection lawyer, I have spent decades helping successful entrepreneurs and high-net-worth individuals safeguard their wealth from legal threats, economic instability, and unforeseen financial predators. Over the years, I have witnessed firsthand how a Cook Islands Trust has provided my clients with an unmatched level of security and peace of mind.

If there is one thing I can tell you from experience, it is this: The next lawsuit is not a question of “if” but “when.” The legal landscape is unpredictable, and financial predators are always looking for ways to take advantage of successful individuals. Waiting until a lawsuit is filed against you is too late.

A Cook Islands Trust is not just an offshore structure—it is a legal fortress designed to place your hard-earned wealth beyond the reach of unjust claims. Unlike domestic trusts, which remain vulnerable to court orders in your home country, a Cook Islands Trust ensures that your assets are truly untouchable. Once two years have passed after the transfer, it’s game over for creditors.

However, asset protection is not just about shielding wealth; it is about staying in control. By acting proactively, you can structure your trust in a way that gives you financial leverage, negotiating power, and full legal compliance.

I have helped countless clients set up bulletproof asset protection structures, and I can do the same for you. If you are serious about securing your financial future, the best time to act is now. Contact me today, and let’s discuss a personalized strategy that guarantees your assets remain yours—today, tomorrow, and for generations to come.

Enzo Caputo
Asset Protection Lawyer | Caputo & Partners AG