C1 Asset protection Basic variants by means of FL foundation
A German entrepreneur or a wealthy private individual can counter company-specific and other liability risks by means of a Liechtenstein foundation:
- Gift transfer of his assets to the Liechtenstein foundation with complete detachment from the assets and simultaneous indirect influence and possibility of use.
- Transfer of assets to the Liechtenstein foundation against payment with simultaneous financing by means of a loan agreement with deferral arrangement.
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Both variants can be secured „execution-proof“ by means of a suitable contractual arrangement in the sense of effective asset protection.
In each case, the founder divests himself of his property with the consequence that the liability substrate of the founder is reduced at the expense of potential corporate or private creditors or creditors from the family circle (beneficiaries of compulsory portions, beneficiaries of equalisation of gains).
Within certain time limits, creditors or family members therefore have the opportunity to challenge the founder’s asset dispositions (avoidance) and to legally enforce their claims against the foundation.
In particular, the founder must have an interest in short contestation periods / crediting periods and a generally limited enforceability of court judgments by law.
On the subject of asset protection, the Liechtenstein foundation offers extremely interesting advantages.