Lighthouse on the Cook Islands: International Trusts, LLCs, and Foundations

Table of
Contents.

References are to paragraph (¶) numbers. Each chapter opens at its overview paragraph.

The Detailed Contents lists every section and subsection.

Part IThe Cook Islands and Its Legal System

Chapter	Title	Begins at
1	The Cook Islands as a Financial Center: Self-Government in Free Association with New Zealand and the Growth of the International Sector	¶ 101
2	Sources of Law: Acts of Parliament, New Zealand Law, the Common Law and English Authority	¶ 201
3	The Courts: The High Court, the Court of Appeal and the Privy Council	¶ 301
4	Regulation: The Financial Supervisory Commission, Trustee Companies and the Registrar	¶ 401

Part IIInternational Trusts

Chapter	Title	Begins at
5	The International Trusts Act 1984: Scope, History, Amendments and Registration	¶ 501
6	Creating an International Trust: Settlors, Capacity, Formalities, Governing Law and Validity	¶ 601
7	Trustees: Licensed Trustee Companies, Powers, Duties, Liability and Removal	¶ 701
8	Beneficiaries and Their Interests: Discretionary, Protective and Spendthrift Trusts	¶ 801
9	Protectors, Reserved Powers, Settlor Benefit and Duress Provisions	¶ 901
10	Purpose Trusts and Charitable Trusts	¶ 1001
11	Variation, Migration, Change of Governing Law and Termination	¶ 1101

Part IIILimited Liability Companies

Chapter	Title	Begins at
12	The Limited Liability Companies Act 2008: Formation, Registration and Foreign LLCs	¶ 1201
13	Members, Managers and the Operating Agreement	¶ 1301
14	Fiduciary Duties, Exculpation and Indemnification	¶ 1401
15	Members' Creditors: The Charging Order and Its Limits	¶ 1501
16	Transfers, Withdrawal, Dissolution, Mergers, Continuation and Conversion	¶ 1601
17	Cook Islands LLCs in International Structures, U.S. Entity Classification and the Proposed Revisions to the Act	¶ 1701

Part IVFoundations

Chapter	Title	Begins at
18	The Foundations Act 2012: Nature, Formation and Registration	¶ 1801
19	Foundation Governance: The Council, Protectors, Beneficiaries and Records	¶ 1901
20	Foundations in Planning: Succession, Forced Heirship, Creditor Protection and Foundations with Trusts	¶ 2001

Part VCreditor Protection and Litigation

Chapter	Title	Begins at
21	Fraudulent Dispositions: Section 13B, the Standard of Proof, Limitation Periods and the Solvency Test	¶ 2101
22	Bars to Suit: Commencement of Proceedings, Bankruptcy and Other Conditions	¶ 2201
23	Foreign Judgments: Section 13D and Non-Recognition	¶ 2301
24	Litigating in the Cook Islands: Procedure, Injunctions, Freezing Orders and Disclosure	¶ 2401
25	Cook Islands Structures Before Foreign Courts: Contempt, Repatriation Orders and Bankruptcy	¶ 2501

Part VITax, Reporting and AML

Chapter	Title	Begins at
26	Cook Islands Taxation and the International Sector	¶ 2601
27	Information Exchange: Tax Information Exchange Agreements, FATCA and the Common Reporting Standard	¶ 2701
28	Anti-Money Laundering, Beneficial Ownership and Due Diligence	¶ 2801
29	U.S. Tax and Reporting for Cook Islands Trusts, LLCs and Foundations	¶ 2901

Part VIIPlanning and Forms

Chapter	Title	Begins at
30	Designing a Cook Islands Structure: Trust, LLC and Foundation Combinations and a Drafting Guide	¶ 3001

Appendices

Appendix	Title	Begins at
A	Form of International Trust Deed	¶ A01
B	Form of Cook Islands LLC Operating Agreement (Single-Member and Multi-Member)	¶ B01
C	Form of Foundation Instrument and Foundation Rules	¶ C01
D	Registration, Filing and Annual-Compliance Checklists	¶ D01
E	Comparative Table: The Cook Islands, Nevis and Belize	¶ E01

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