ASSET PROTECTION

-Prince Jasuja
What is Asset Protection ?

Asset Protection refers to a set of legal

techniques and a body of statutory and
common law dealing with protecting assets of
individuals and business entities from civil
money judgments.
 Asset Protection At International level

• PATENT TREATMENT
• OUT PATENTS
• TRADING PATIENCE
• PATENTED INHABITANTS
• PATENT A LUXURY
• EUROPE TARGETS CONSUMERS IN
COUNTERFEIT CLAMPDOWN
 PATENT TREATMENT

• Enforcement actions by patent offices in

developing countries have traditionally been
slow, but this situation is improving, especially
as the WTO is ensuring that IP rights in
developing countries are moving nearer to
those standards in the West.
• In 1995, India signed TRIPS agreement with
WTO.
 OUT PATENTS

• China’s State Intellectual Property Office

announced in 2008 that 20 methods to
protect IP have been drawn up, it includes:-
• Improving the Protection System
• Strengthening law Enforcement
• Raising Public Awareness.
 TRADING PATIENCE

• Western companies are becoming more

hopeful about China’s efforts to enforce
foreign IP rights, especially since a number of
WTO rulings went against China.
 PATENTED INHABITANTS

• IP Infringement lowers the creativity.

• It has poor effect on company’s Brand Equity,
Profits and also increases costs.
 PATENT A LUXURY

Third-party policy
 EUROPE TARGETS CONSUMERS IN
COUNTERFEIT CLAMPDOWN
• Authorities in France and Italy are not just
targeting those who produce and sell fakes
but also those who buy them in an effort to
clampdown on counterfeit goods and tax
evasion.
 CLAIM TYPES

Claims

Internal External
Claims
Claims
 ASSETS TYPE

Assets

Dangerous
Safe Assets
Assets
TYPES OF ASSET-PROTECTION VEHICLES

Asset-Pro. Vehicles

Corporations Partnerships Trusts

 Corporations
• Corporations are a form of business
organization created in accordance with state
law.
• Three Types:-
• C Corporations
• S Corporations
• Limited Liability Corporations
 Partnerships

General ●
An association of two or more persons carrying
on a business activity
●
Each partner is personally liable for all of the
Partnerships debts of the partnership

Limited ●

●
LP is authorized by state law and consists of one or more
general partner and one or more limited partners.
Limited partners have no personal liability for the debts

Partnership and obligations

 Trusts

Trusts

Revocable Irrevocable
Trusts rusts
 ASSET PROTECTION SHYSTERS
• THE CROOKED
 PURE TRUST SCAM
 ASSET PROTECTION CONSULTANTS SCAM

• THE MISLEADING
 "INSTITUTES" CONCERNING ASSET PROTECTION
 VARIOUS BOOKS ON OFFSHORE TRUSTS

• THE UNQUALIFIED AND/OR MISGUIDED

ACCOUNTANTS
ESTATE PLANNERS
 NECESSARY PRECAUTIONS TO ASSET
PROTECTION
• DON'T WAIT
• DO SHIFT RISK TO AN INSURER
• DON'T TRANSFER TITLE TO YOUR SPOUSE
• DO KNOW WHAT'S PROTECTED BY LAW
• DO CONSULT THE RIGHT KIND OF EXPERT
• DON'T GET SUCKERED INTO POTENTIALLY
SHADY STRUCTURES
• DO INSULATE YOUR ASSETS—JUDICIOUSLY
 Conclusion
• Contrary to popular beliefs, asset protection
does not mean hiding assets, and is not a trick
to evade authority. Asset protection also does
not involve deceptive agreements or
fraudulent transfers. It is simply smart and
safe financial planning. It safe guards your
assets from being extracted by outsiders who
do not have any right to or claim on your hard
earned money.