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9780199270804

Legal Aspects of Offshore Financial Law Confidentiality in Offshore Financial Law and Trusts and Related Tax Issues in Offshore Financial Law

by
  • ISBN13:

    9780199270804

  • ISBN10:

    0199270805

  • Format: Hardcover
  • Copyright: 2005-06-30
  • Publisher: Oxford University Press
  • Purchase Benefits
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Summary

Confidentiality in Offshore Financial Law and Trusts and Related Tax Issues in Offshore Financial Law are now available together as a two-volume set. Each title provides detailed analysis of the law and practice relating to offshore finance, including money laundering issues, tax planning, asset protection, and the creation and management of trusts. These titles will be valuable research tools for the practitioner and academic alike.

Author Biography


Dr. Rose-Marie Belle Antoine is Programme Director of the graduate law programme at the University of the West Indies and a Senior Lecturer in Law. She is also an attorney-at-law and an international legal consultant, and has undertaken work on behalf of organisations such as the ILO, the World Bank, and the Inter-Development Bank.

Table of Contents

Confidentiality in Offshore Financial Law
Locating Confidentiality in Offshore Finance
The Nature of the Offshore Financial Centre
The Parameters of Offshore Confidentiality and its Justification
Taxation and Confidentiality
Disclosure Initiatives and the Erosion of Offshore Confidentiality
Guiding Principles and Developments Toward Disclosure
Legislative and Treaty Approaches to International Legal Assistance
Money Laundering and Serious Crime
Impact of Restraint Orders on Confidentiality
Constitutional Protection of Privacy in Offshore Regimes: Challenges and Dilemmas
The Privilege Against Self-Incrimination in Offshore Jurisprudence
The Comity Principle and Confidentiality
The OECD's Challenge to Offshore Confidentiality
Conclusion: Challenges and Prospects
Trusts and Related Tax Issues in Offshore Financial Law
The Place of the Offshore Trust in the Offshore Financial Centre
Introduction
The Anatomy and Development of the Offshore Financial Centre
Fundamentals of the Offshore Trust
The Trust as an Offshore Vehicle
Types of Trust
Problems to Avoid
The Offshore Trust as a Sham
Fraudulent Conveyances and the Offshore Trust
Breach of Professional Duties Relating to Offshore Trusts
Questions of Invalidity
Challenges to Offshore Trust Vehicles
Countermeasures to Offshore Trust Tax Vehicles
Changing Paradigms on Taxation and Jurisdiction to Tax
The OECD and Harmful Tax Competition
The Duty of Confidentiality
Rights to Information
Conflict of Laws and the Offshore Trust
Jurisdiction and Choice of Law
Enforcement of Offshore Judgements, Mareva Injunctions and Restraining Orders
Capacity to Create the Trust and Validity
Forced Heirship and the Recognition of the Trust in Civil Law Countries
Conclusion and Appendices
Conclusion
Table of Contents provided by Publisher. All Rights Reserved.

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