Offshore Trusts Report: Gibraltar
Legislation, Regulation and Supervision
Gibraltar's asset protection trust legislation has traditionally
fallen under the provisions of the Bankruptcy Amendment Ordinance
1990. This is unusual for offshore asset protection, which is dealt
with under the law on fraudulent conveyancing laws in most offshore
jurisdictions, as for instance in the Cayman Islands and the Bahamas.
For a settlor to avail himself of the protection
of the Bankruptcy (Amendment) Ordinance 1990 each transfer to
the trust must be registered. Prior or subsequent unregistered
transfers are not protected by this Act. Registration of settlements
is regulated by the Bankruptcy (Register Dispositions) Regulation
(99v) which permit registration only if:
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