Structuring, Asset Protection And Dispute Resolution In North America | North America Roundtable

This roundtable brought together practitioners from the US, Canada and the Cayman Islands to discuss cross-border structuring, asset protection and dispute resolution in North America. The speakers covered common market-entry structures, such as a Delaware C-corp or an LLC owned by an offshore trust, and the use of foreign bank accounts in places like Switzerland, the Cook Islands and the Cayman Islands. On asset protection, they discussed moving liquid assets offshore, holding real estate through local companies with offshore parents, equity-stripping, and insurance such as builder’s risk and D&O cover, particularly for construction lien risks in Canada. For disputes, they recommended avoiding litigation where possible, using mediation and arbitration clauses, and planning the seat, governing law and enforcement (including under the New York Convention) around where the assets are. They also stressed working with local counsel on tax, ownership rules and procedure when entering North American markets.