OUR STRUCTURE
While every client is anxious to learn about "their structure," it is important
for Prudential clients and prospective clients to understand 'Our Structure."
Prudential Trustees is in fact part of a large international organizational and
financial structure. It does not occupy its place in that structure by happenstance.
The overall structure, and Prudential's role in that structure are the result of
years of careful planning.
Prudential has been installed as the standing Trustee for the Hague Master
Trust. The Hague Master trust has been funded by families and investors from
Europe and South America. Originally domiciled in Amsterdam, the principals behind
this international trust decided some years ago to redomicile to the best tax haven
they could find. After substantial legal research and due diligence, they determined
that the progressive trust ordinances of the Cook Islands and the island of Nevis
possessed the unparalleled statutory and regulatory frameworks. They learned that
the Cook Islands rely upon a judiciary that is imported in from New Zealand, a
country where tax haven principals are not held in such high regard. That and
the physical inaccessibility of the Cooks made Nevis the intelligent choice for
the country of reorganization.
Nevis like the Turks & Caicos Islands (a jurisdiction that was declined for
other reasons) has no trust registration requirement. While a trust is permitted
at any time to register with the Registrar, they are likewise entitled to forego
that process in favor of even greater anonymity. Anonymity, privacy, confidentiality,
and security are terms that have always appealed to the principals of this Master
Trust. That same philosophy and value system has been built into the mission,
goals, procedures and legal structure of the standing Trustee, Prudential Trustees,
Ltd. Prior to redomiciliation, the role of Trustee was played by a large Netherlands
law firm, under contract with the Master Trust. Upon moving to Nevis, it was decided
to reorganize the trustee responsibilities under the auspices of a Nevis company
authorized to act as trustee for this trust and all of its sub-trusts.
Prudential Trustees, Ltd. was therefore installed as the standing trustee, with
the power to settle as many sub-trusts as it deems appropriate for any purpose not
prohibited by law or its master deed of trust. The function of Prudential in its
role as trustee of the Master Trust, is invisible even to the largest of the many
sub-trusts it administers. It is its role in the settlement and administration of
sub-trusts that will interest those clients who desire to enjoy client status.
Prudential, while working under the very favorable laws of Nevis, ha determined
that the premier venue for the physical administration of the sub-trusts is the
Bahamas. Elsewhere on this site are discussions about how this determination was
made, but suffice it to say that the country's total political independence and
stability, coupled with the existence of a large and mature infrastructure of
banks, attorneys, accountants, insurance companies, trust companies, management
companies, reliable telecommunications, and strong privacy legislation were among
the important factors in this decision.
As a Private Trustee company, Prudential does not actively solicit for new
clients. Every true "client" of Prudential is a sub-trust, settled by Prudential
under the auspices of the Master Trust. By working through our legal advisory
firm in Nassau, American Barristers, PA, Ltd., arrangements can be made for
Prudential to settle a new sub-trust, to be funded in a very specific way, and
for the appointment of that firm's client as the Protector of this new trust.
If the person to be appointed such a Protector is a citizen of the U.S., Canada
or any of several other high tax countries, the procedures must be followed in
detail to avoid a violation of the laws of those countries. Some of these laws
deal with tax issues and others deal with mandatory disclosure issues.
Prudential is specifically structures so that a strategy adopted and
implemented by a citizen of the U.S. or some other high tax venue will comply
with the letter of the law and not encourage the client to make any false
representations or take any other illegal actions. In golf, 90% of the game
is the "setup." In many business activities, success or failure is predicted
on the quality of the "business plan." In the area of offshore strategic
planning, the difference between a legally defensible and fortress strong result
and an invitation to criminal behavior or creditor success, is in the correct
"structure."
Prudential, place in its international structure was specifically designed to
enhance the power of a client's position in any structure administered in whole
or in part by Prudential Trustees, Ltd.