• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Primus Trust Zrt.

Primus Trust Zrt.

A Primus Trust Zrt. Magyarország első és piacvezető bizalmi vagyonkezelője.

  • Hungary
  • Applications
    • Asset management
    • Asset protection
    • Tax benefits
    • Privacy protection
    • M&A
    • Joint ventures
    • Wealth planning
  • Our services
  • Team
  • Contact
  • Knowledge channel
    • News
    • Publications
    • Presentations
    • Linkedin
    • Vlog
    • Partner program
    • Brochures
  • Conditions of use
    • Disclaimer
    • Data protection and privacy
  • Hungarian
  • English

Asset protection

The primary criterion of asset protection as one of the cornerstones of asset planning is to protect the existing assets against the claims of a third person.

Primus Trust Corp.’s clients enjoy both the very strong domestic asset protection regime, which does not provide access for creditors to seize the trust assets, and the vast investment protection treaty network of Hungary.

Asset protection professionals regularly use about two dozen different structures to protect clients’ assets on a world-wide basis. The structure we use depends on how well a client would like to protect his/her assets, how aggressive the creditors will be, and the specific assets that need to be protected. When we examined which structures we use most often, we came up with the following three pillars of asset protection.

1. LLC

The limited liability company is a simple and easy to implement and use structure. Asset transfer as capital is tax exempt and there is complete freedom to retain control over the assets and to revert the assets back to the client. LLCs work well when we are setting up the asset protection structure ahead of any possible issues the client may face. LLCs are used to protect liquid assets, rental real estate, business interests, collectibles, and intellectual property. Given the low cost and the low effort of set up, the LLC provides the best bang for buck. Nevertheless, it does not provide the highest level of protection, as the corporate veil of an LLC may be pierced under the right circumstances. Higher level of protection requires a combination of LLC and trust.

It usually makes little difference where an LLC is organized. A more important factor is how it is structured. There are many nuances to correctly structuring an LLC for asset protection, including asset protection-tailored distribution clauses, buy out rights, and management succession issues. Primus Trust Corp. regularly uses LLCs under the trusts we manage as further asset protection vehicles.

2. Trust

The Hungarian trust is an excellent asset protection vehicle, as none of the creditors of the settlor, trustee and beneficiary may have access to the trust assets. Hungary does NOT recognize US civil court judgments. The creditor of the settlor MUST take legal action in Hungary against the settlor and the trustee and MUST prove that the transfer of the trust asset was a fraudulent one. The burden of proof lays on the creditor, and the fraudulent transfer must be proven beyond reasonable doubt. 

Highlights of the Hungarian trust:

Absolute privacy
Total asset protection
Strong control
Flexibility
Strict fiduciary duties
The trustee is subject to a duty of confidence
Licensed trustee
Several types of trust
Unlimited duration
Possible to set up an irrevocable trust
The trustee is a NON-US person
Protector
Asset tracing
Power to revoke the trustee at any time
Power to change the governing law at any time
Tax free asset transfer
Trust income max. 9 % CIT
Tax & legal compliance
Segregated trust assets
Segregated bank and security accounts for every trust
No publicly available information about the settlors and beneficiaries
Monthly financial reports to the costumers

An irrevocable trust is a more complex structure than an LLC. There are still no tax consequences, if structured correctly, and some degree of control may be retained by our client with the proper trust drafting. With the trust it is not as easy to move assets in and out, and irrevocable trusts are better suited for assets like a personal residence or an investment account that the client does not need access to. The irrevocable trust will accomplish a higher level of protection than an LLC.

There are different types of irrevocable trusts and different methods of funding these trusts. We will usually customize a trust for each client based on their needs and circumstances. All good asset protection trusts will be funded for the benefit of a third-party (often, the children of the settlor), and will include the use of a trust protector.

The trust has created an opportunity for people taking a high business risk, such as lawyers liable with their entire property or senior executives, to secure property for the beneficiaries by putting some of it into a trust. In addition to these two highlighted interest groups, trusts may be an alternative for a marriage contract too, as the items placed into trust are separated from the own property of the settlor and the beneficiaries and do not qualify as joint property. By using a carefully structured trust before marriage, the parties can prevent many unnecessary disputes and long-lasting litigation should they get a divorce.

Furthermore, a trust is a good means against fraudsters and swindlers. The mere fact that the managed assets are in the ownership of the trustee and the identity of the beneficiaries is not publicly known represents a sort of security, a firewall for the beneficiaries, who can enjoy the managed assets and their benefits without being exposed to the curious eyes or, in the worst case, the attacks of the external world.

3. Non-domestic structure

A non-domestic structure including the movement of funds out of the country of residence, is the best asset protection structure. These structures very rarely get challenged and when challenged have an exceedingly high likelihood of success. The non-domestic structures carry tax reporting obligations, and like irrevocable trusts, make it somewhat more difficult for the client to retain control and access to the assets (but both may be possible). The use of non-domestic structures should be limited to assets that are liquid in nature or can be easily converted to liquid form.

Primary Sidebar

Primus Corp

The managing partners of the Company have 25-30 years of professional experience in legal and tax consulting, portfolio, asset and trust management.

„Creating value across generations” – Faithfully to our slogan we strive to serve our clients with solutions tailored to their needs in order to combine their family values with continous improvement.

Papers and Articles

  • A magántőkealapok előnyei Magyarországon
  • Trust in the Hungarian Law
  • Business taxation


Please read our Disclaimer carefully. If you do not agree to it or don’t accept all terms, do not access this Website or any pages thereof. We use cookies to improve your experience on our site. By continuing browsing this site you agree to all these cookies and disclaimer. More about cookies and disclaimer.

Olvassa el figyelmesen az jogi nyilatkozatot. Ha nem ért vele egyet, kérjük, ne navigáljon tovább oldalunkra. Oldalunkon sütiket használunk a felhasználói élmény növelése érdekében. Amennyiben tovább lép oldalunkra, azzal elfogadja a süti szabályzatot, illetve a jogi nyilatkoztban leírtakat. Tovább az adatvédelem vagy jogi nyilatkozat oldalra.

Yes, I agree / Elfogadom

Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT