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Article Written for:  ABA Property and Probate

The Nevis Limited Liability Company(Amendment) Ordinance (NLLCAO), 2015 (the "New Ordinance") strengthens and clarifies the prior Nevis Limited Liability Company Ordinance (NLLCO) of 1995 ("Prior Ordinance"). Among the improvements made by the New Ordinance are the addition of (1) fraudulent transfer provisions governing assets contributed to a Nevis LLC, (2) language prohibiting enforcement of foreign judgments against member equity, and (3) enhanced limitations on creditor remedies. This article explores several significant aspects of the New Ordinance.

Introduction

Nevis is a small island located in the West Indies of the Eastern Caribbean. Nevis is primarily known in the United States for being the birthplace of founding father Alexander Hamilton. Other historical significance includes a period during which Nevis was home to substantial sugar plantations and the hub of the English slave trade. Nevis is one of the two islands that constitute the Federation of St. Kitts and Nevis.

The first ordinance adopted in Nevis establishing a beneficial planning entitft the Nevis asset protection trust was the Nevis International Exempt Trust Ordi­nance. See Nevis International Exempt Trust Ordinance (1994, as amended). The trust ordinance was modeled on the Cook Islands International Trust Act passed in 1984. The Nevis Interna­tional Exempt Trust Ordinance offers several protective features, including prohibitions against the enforcement of foreign judgments against trust assets, limited fraudulent transfer remedies, and binding choice of law provi-sions. To complement the trust Nevis adopted a limited liability company ordinance in 1995.

 

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Gary A. Forster

Gary Forster is the managing partner and co-founder of ForsterBoughman.  His practice includes domestic and international corporate law, asset protection, tax, and estate planning. Gary handles a wide variety of corporate and personal planning matters.  Gary is the author of two books.  In 2013, he wrote Asset Protection for Professionals, Entrepreneurs and Investors, a guide to asset protection strategies for clients and their financial advisors, now in its second edition.  In 2020, he finished the second edition of The U.S. Estate and Gift Tax and the Non-Citizen, which explains how resident and non-resident foreign nationals are impacted by the U.S. Estate and Gift Tax.  Gary writes and lectures nationally to state bar and CPA groups on the topics of asset protection, international tax and corporate law.  He has also instructed classes at the University of Florida (Levin College of Law) and Rollins College (Crummer Graduate School of Business).  Gary’s articles can be found in such publications as the Florida Bar Journal and the American Bar Association’s Probate and Property Magazine.  Gary earned a B.A. from Tufts University, graduating cum laude with majors in Economics and Spanish Literature.  He received his J.D. from the University of Florida College of Law, graduating with honors.  Gary continued his studies as a graduate fellow at the University of Florida College of Law, Masters of Taxation program, earning an LL.M.  His education also includes studies at the University of Madrid, Oxford University and Leiden University in the Netherlands.  Gary is rated AV-Preeminent by Martindale-Hubbell and speaks Spanish fluently.

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