Nevis Trust
Nevis is the undisputed global leader in offshore asset protection trusts. The jurisdiction offers strong legal protection… and a regulatory environment that welcomes successful families and individuals for international business, investing and banking.
Strongest International Asset Protection
Features:
- Ensure wealth succession
- Protection against frivolous lawsuits
- Statutory protection of personal data
- Tax neutral environment
Nevis Exempt Trust Structure
A Nevis trust constitutes a private fiduciary contract or “Deed of Trust” between the Settlor or Founder of the trust on one side, and the Trustee on the other side. Other stakeholders are one or more Beneficiaries, and optionally a Protector. This relationship is formalised by a written and duly witnessed or notarized Trust Deed.
The settlor establishes the trust by transferring assets to the trustee, who manages them for the benefit of the beneficiaries.
Appointed by the settlor, the Trustee(s) upholds the Settlor’s wishes as expressed in the Deed of Trust: safeguarding the trust, managing assets, and prioritising the beneficiaries’ interests. The principal Trustee responsible for administration must be either a Nevis trust company, or a Nevis legal entity. Additional trustees may be appointed with specific responsibilities, for example Investment Management, and they may be located in any part of the world.
A Protector supervises the trust’s operations, ensuring the trustee adheres strictly to the Trust Deed. The Protector typically has the authority to appoint or dismiss trustees, acting in the beneficiaries’ best interests. The Protector may be either a lay person such as a family friend, or an independent professional.
Beneficiaries are the individuals receiving advantages and benefits from the trust, governed by terms specified by the settlor in the Deed of Trust.
The Trust Deed itself outlines the trust’s objectives, trustee and protector responsibilities, and conditions for distributing assets to beneficiaries.
A settlor may also be a beneficiary.
Key advantages of Nevis Trust
Asset Protection
Nevis’ offshore asset protection legislation is designed to proactively deter litigation.
- The Statute of Elizabeth does not apply to a Nevis Trust; therefore, transfer of property may not be voided with respect to future unknown creditors.
- A creditor seeking to void a trust must file action in Nevis and must post a substantial bond before commencing action. An elevated standard of proof is required.
- Foreign judgements are not applicable against Nevis Trusts.
- Two-year statute of limitations on fraudulent transfer claims.
Tax Neutrality
A Nevis Trust offers significant advantages. One of them is the fact that the trust is completely exempt from Nevis taxes. Tax may be due in other jurisdictions, of course, and professional advice should be sought in jurisdictions of citizenship and residence of the principal stakeholders.
- Nevis Trusts may be structured as private or family investment vehicles.
- The trust deed is not filed with the Registry. The Confidential Relationships Act makes it a criminal offence to disclose confidential information of a business or professional nature, including information about Nevis trusts.All non-criminal legal proceedings related to the international trust will be held privately (in camera).
- No requirement for filing accounts or annual returns.
- Absolutely no Nevis tax on profits, income, dividends or capital gains.
- Nevis Trusts can play a crucial role in estate planning by allowing settlors to transfer assets to the trust, potentially reducing estate taxes upon their passing.
- Depending on the terms outlined in the Trust Deed, a Nevis Trust can exercise discretion in making distributions to beneficiaries who may be under duress.
- The Nevis trust may be decanted into separate trusts for individual beneficiaries in the future.
- Nevis trusts may hold all asset classes such as stocks, bank cash balances, real estate, crypto, precious metals etc.
- A Nevis trust may create one or more LLCs through which to operate.
Characteristics of a Nevis Trust
Formal Name:
Nevis International Exempt Trust
Legal Framework:
Legal System:
Common Law
Perpetuity Period
Indefinite
Re-domiciliation
Allowed
Protector
Allowed
Trustee
Minimum of 1 trustee required; trustee must be a Nevis incorporated entity or individual
Trust Deed
Private
Local Office
Required
Annual Reporting
Not required
Forced Heirship
Not enforced
Statute of Elizabeth Laws
Excluded
Statue of Limitations
1-2 years
Foreign Judgements
Not recognized
Taxes
Exempt
Restrictions
Settlor and beneficiaries must be non-residents of St Kitts & Nevis: local property cannot be placed within the Trust
How to Create a Trust - Timeline & Process
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Research and planning
Begin by understanding the benefits of going offshore. Define your goals and objectives for the Trust.
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Engage professional assistance
Seek legal and financial advice from experts in all relevant jurisdictions. A trust is not a do-it-yourself project. NTL Trust is pleased to work with your existing professional advisers.
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Work on Trust Deed
Make a list of special clauses and conditions you would like to include, and discuss with your Trustee.
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Appoint Trustees, Protector (if needed) and Beneficiaries
Select one or more trustees responsible for managing the trust as well as beneficiaries. Optionally, appoint a protector to oversee trustee actions and list. Trustees, protectors and beneficiaries can be legal entities or natural persons.
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Draft Trust Deed
Your legal professionals will draft the Trust Deed, which outlines the trust's objectives, terms, trustee responsibilities, and beneficiary details.
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Transferring Assets
Transfer assets (property, funds, investments etc) from the settlor to the trust, following legal requirements and guidelines.
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Register the Trust
The registered agent will register the trust with the Nevis Financial Services Department and provide any necessary documentation including:
- Name and registered office of the Trust
- Date the Trust is created
- Name and certification of Trustee -
Manage and Administer
The Trustees manage and administer the trust according to the Trust Deed's terms, investing assets and distributing benefits to beneficiaries. Trustees will also ensure adherence to Nevis trust laws and regulations, including due diligence requirements, annual compliance and tax obligations.
FAQS
What are the key features of a Nevis Trust?
The Nevis International Exempt Trust offers asset protection, privacy, and tax neutrality since 1994. It provides seamless wealth succession, confidentiality, and other favorable advantages within a business-friendly regulatory environment.
Who can assist with arranging a Nevis Trust?
Professional assistance from experts familiar with Nevis trust laws, such as NTL Trust, and reputable trust attorneys in your home country can team up to arrange a trust efficiently and effectively. In the first instance, reach out to NTL Trust for an exploratory call.
Where can I open a Bank Account for a Nevis Trust?
A key advantage of working with NTL Trust is being able to draw on their existing worldwide banking relationships. Factors to consider are the residence of the settlor and beneficiaries, and the types and amounts of transactions expected.
Switzerland, London, New York and Singapore remain popular choices for larger clients, and contrary to what you might read on the internet, banks in these countries do open accounts for Nevis trusts and CBI passport holders. Other popular jurisdictions include Canada, Belize, and Barbados, where minimum opening deposits and balances are lower. The Bahamas are particularly good where the source of funds is crypto.
As always, each case is different, but rest assured we at NTL Trust have spent years developing strong banking connections in order to make things as easy as possible for our clients. We can discuss international banking for Nevis Trusts on an exploratory call.
Can a St Kitts and Nevis Citizen Open a Nevis Trust?
A Nevis Trust may be created by citizens of any country in the world that is not subject to applicable economic sanctions. A St Kitts Nevis passport holder may therefore set up an exempt Trust. The key restrictions are as follows:
- A Nevis trust may not have a settlor nor beneficiaries that are resident in Nevis.
- The trust assets may not include real property situated in the Federation of St Kitts and Nevis.
Do I need a lawyer to set up a Nevis Trust?
Setting up a trust in a foreign country requires specialist advice. We recommend you consult with a lawyer in your home country who is familiar with international tax matters and asset protection. Meanwhile, our experienced Trust and Estate Practitioners will be able to assist you with all the practical arrangements including drafting the Trust Deed.
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