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Tag: Liechtenstein Treuunternehmen

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A woman walking by the Palais de Justice in Genève, featuring Swiss and cantonal flags.
Legal and tax studies Reports

Criteria of Swiss Public Policy (Art. 17 PILA) in the Context of Recognition of Foreign Trusts (Hague Convention) and Asset Recovery (Civil Proceedings under the Federal Act on Debt Collection and Bankruptcy vs. Criminal Confiscation)

The immediate context involves an analysis of the New Zealand discretionary trust, Trust O|...|, focusing on the seizability of distributions and a villa in Vésenaz, financed by trust distributions. The central legal framework includes Articles 17 and 18 of the Swiss Private International Law Act, the 1985 Hague Convention, and Swiss confiscation law. The analysis…
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A stunning aerial view of Lucerne, Switzerland with a Swiss flag and scenic lake backdrop.
Legal and tax studies Reports

Legal Analysis of the Swiss Federal Supreme Court (ATF) Case Law on Foreign Trusts

www.steelldy-indices.com The Swiss Federal Tribunal's jurisprudence on foreign trusts evolved in two phases. Pre-2007, trusts were analogized to fiduciary contracts or "organized assets" under old law, offering limited recognition with high reclassification risk. Post-ratification of the Hague Convention (2007), validly constituted foreign trusts are automatically recognized, ensuring asset separation and protection from the trustee's creditors.…
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