An anonymous offshore bank account provides privacy protections for those from nations violating civil liberties or extracting excessive taxes. However, most traditional tax havens now require signatories on accounts to be identifiable individuals due to international pressure. The solution is a trust agreement banking arrangement where an attorney signs as representative for the account, protecting the client's identity and funds through attorney-client privilege. This allows anonymity and legal protections while avoiding money laundering charges when transferring funds from other jurisdictions. The law firm can help set up such an arrangement and initially receive funds before transferring them for maximum privacy.
1. Anonymous bank account
There are a lot of reasons to have an anonymous offshore bank account, especially if you
come from a nation that routinely violates your privacy rights, your personal liberties, and
plans to hold a gun to your head in order to extract a very large percentage of your
income for their own purposes which you are not in agreement with and do not condone.
There are also other fears in certain nations of a national identity card, border closures or
exit visas.
How we got here: When we here at Guatemala Legal reminisce about old times, we kick
back and talk about jurisdiction hopping which is when one place sells out, like Nassau,
another oil rig or small country pops up and is the new tax haven, numbered accounts,
and anonymous personal bank accounts. But these no longer exist. These are the days of
tyrannical international norms, meaning every bank and country must give into the desires
of the few, the petulant ones who would rather deprive you of your property than live an
honest life.
June 2009 was a very significant month in terms of worldwide banking revelations. We
thought that there were years left in the old game, and we were wrong. We saw Hong
Kong, Switzerland, Singapore, Jersey, and essentially all of the other sell out. Regardless
of their intentions in doing so, it's simply become impossible to stand solo in the left field
of banking up against them. However, we estimate, very modestly, that there are a good
five years left in the framework that we have created.
This means that anonymity is near impossible through the usual channels. You can no
longer just walk into a bank in another country, like Switzerland, bring all your documents
from your home country, and open an account if you want to maintain any shred of
anonymity. Nor can an entity such as a corporation be the signatory on the bank account;
the possessor of the bank account must be a living and breathing person with credentials
that the bank can determine�ID, generally notarized or apostilled, and a bank reference
letter. Note: it's extremely difficult to even get this letter today because they generally
serve two purposes: to open an offshore bank account or for a stock brokerage account.
Thus, they are being branded "suspicious' or "questionable" paperwork and this is a
shining red flag for us.
Trust Agreement Banking: The solution is to have a law firm sign on your back
account, thus protecting yourself by attorney client privilege. This is called Trust
Agreement Banking. Your lawyer, who is living and breathing, will be the the signatory on
the bank account. You wire the funds into the attorney-client trust account of the law
firm and if any entity begins to question us about what they are for, we will not tell them
2. and will reply "attorney-client privilege."
Another layer of protection is called a Distress Clause, included in the ITA. If you were
to be in distress, and you can determine how you would like this to be defined such as a
divorce, lawsuit, freezing of a bank account, by law the lawyer would execute the terms of
the contract. This could mean using the funds in order to pay lawyers for the lawsuit,
prevent the funds from getting into the empty hands that are held out you, or to pay your
bills.
Peace of Mind:This Trust Agreement gives you solid legal protection. There is also a lot
of provided protection within the bank. A Guatemalan judge can seal your bank records
so that only a very small number of people (upper level management) in the bank will be
able to see the history of transactions.
Getting the Money into Safe Hands: If the money is coming from the U.S.A., UK,
Germany, etc., it can be difficult to avoid money-laundering charges, no matter your
innocence. Remember, you're guilty until proven innocent in many jurisdictions these
days. However, Guatemala is not in any Mutual Legal Assistance treaties and a foreign
creditor or prosecuting attorney will be unable to domesticate criminal tax charges in
Guatemala.
We can help you break the trail by receiving the money into an account owned by the law
firm. Your interactions with us are protected by attorney-client privilege. From there, we
can wire the money to another location.
People we cannot help: We cannot help you if you are being prosecuted for child
pornography, drug trafficking, homicide, and other crimes of equal magnitude and with
victims. Guatemala may be a tax haven, but it is not a criminal haven.
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