How Southpac Looks After Its Clients And Safeguards Communication Privacy

In an environment where privacy is increasingly challenged, a key objective for many clients who work with Southpac, alongside asset protection, is the preservation of their privacy. This goes hand in hand with the asset protection objective, and is one of the reasons the Cook Islands and Nevis are such formidable asset protection jurisdictions. Each of these jurisdictions has stringent privacy laws which make it a criminal offence to divulge information about the establishment or affairs of a Cook Islands or Nevis trust without lawful authority.

These laws provide safeguards which not only protect the trust once it comes into existence, but would also extend to communications about the trust, both before and after establishment.

Southpac’s Legal Resources

Southpac currently employs 12 attorneys and other legal professionals in client-facing roles, and clients will have dealings with these persons throughout the life of their trust with Southpac. These dealings can take place before trust establishment, as clients work with the Business Development Team to set up their trust, and afterwards: after any trust is registered, the client is assigned a contact within Trust Services Team who will help with the funding and ongoing operation of the trust. We have continued to invest in and expand our legal and trust services teams to ensure clients receive consistent, high-quality support.

Attorney-Client Privilege

Southpac’s attorneys are in-house lawyers, advising the Southpac trustee companies rather than directly advising clients. As a result, while client communications with Southpac are not covered by attorney-client privilege, they would still be protected by Cook Islands and Nevis privacy laws. The same would be true of any trust-related communications with non-attorneys.

No US Nexus Means Additional Protection

In addition, these communications are conducted from Southpac’s New Zealand, Cook Islands and Nevis trustee offices. No Southpac controlling person, signatory, employee or computer server is located in the US. This reduces the direct enforceability of foreign court orders and typically requires additional legal steps before any such order can take effect in New Zealand or the relevant offshore jurisdiction.

New Zealand Legislation

Additional client privacy safeguards in New Zealand are provided by local privacy legislation which requires businesses to ensure that personal information of clients is tightly controlled and shared only in limited circumstances. Businesses are required to report privacy breaches to the Privacy Commissioner which has the power to investigate and take action against those responsible for privacy breaches.

Summary

Clients can achieve tremendous protection and peace of mind by setting up trusts with Southpac. This protection comes not just from the asset protection trust laws of Cook Islands and Nevis, but from local privacy legislation and Southpac’s lack of US connections.

By Sera Vercoe