How to Create Financial Security Using the Three Diversifications Pierre-Andr
Transcription
How to Create Financial Security Using the Three Diversifications Pierre-Andr
How to Create Financial Security Using the Three Diversifications Pierre-André Gonthier W hen we think of diversification, we generally think of owning different classes of assets. Such asset diversification might take the form of owning different stocks, bonds, mutual funds and real estate interests. As important as investment diversification is, it is only one of three critical diversifications. The other two are currency diversification and jurisdictional diversification. Innovative Swiss annuities enable wise investors to profit from all three levels of diversification. Let us take a look at how broadening one’s focus to include currency and jurisdictional diversification can mean the difference between a successful savings/investment plan and failure. Currency Diversification We generally think in terms of our own national currency. When I go to the store, I am looking to buy a franc’s worth of something. For others, it is a dollar’s worth of this or a pound’s worth of that. In some countries, notably the United States, it is not possible to open accounts at the local bank in any currency other than U.S. dollars. Yet, the currency in which your savings and investments are denominated can make an enormous difference in your ultimate financial well being. We all know what happened in 2008. The stock markets around the world experienced steep declines. In many countries, investors sustained losses not seen since the Great Depression. The currency in which you had your investments made a difference in how you fared. Interestingly, the most conservative investments sometimes showed the most gain. 1 How to Create Financial Security Using the Three Diversifications By Pierre-André Gonthier Let’s take a look at how the dollar stood up to several major world currencies. Our graph below does not assume any interest return. It measures currency appreciation alone. US Dollar vs Foreign Currencies 2008 NZD CAD AUD NOK Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Source: x-rates.com. As we can see, the currency you choose for your investments can make all the difference in the world. Let’s say that you have carefully diversified your asset holdings and currencies. Whatever investments and savings you have can be at risk if they are not owned in a secure legal jurisdiction. When the wind changes, when a new administration comes to power, new laws, regulations and “interpretations” can swiftly result in the confiscation of hard-won wealth. Switzerland has a strong foundation of objective laws interpreted by an independent judiciary. An indication of just how highly regarded the Swiss legal system is that, when Mustafa Kemal Atatürk founded the Turkish Republic, he adopted for his country the Swiss civil code. Our American clients seem particularly interested in the concept of jurisdictional diversification. This is with good reason, as the United States originates approximately 90 percent of the world’s lawsuits. Unlike in some countries, in Switzerland a lawsuit is considered the last alternative, rather than the first, in dispute resolution. Unnecessary and frivolous lawsuits are considered very bad form here. Jurisdictional Diversification Just as we think in terms of our own national currency, we also tend to see the world through our own legal system. Yet not all legal systems give us the same level of protection. Ultimately, your assets are only as safe as the legal system that protects them. Many of our clients come from countries where the legal system is very much what the people in power want it to be: a tool to reward their friends and punish their enemies. When the wind is blowing from the right direction, the friends of the powerful can prosper. 2 One of the first things one learns about the Swiss legal system is that Switzerland is a loser-pays jurisdiction. What this means is that the loser in a lawsuit pays the prevailing party’s legal fees. If a foreigner wants to initiate a lawsuit in Switzerland, the court will require him to post a bond sufficient to pay the defendant’s legal fees should he lose. The Innovative Swiss Annuities Just as a weak currency can make a good investment lose value, a weak legal system can leave one with no assets at all. Investors the world over are looking to Swiss annuities to manage a portion of their wealth. Let us take a look at what is piquing their interest. Privacy and Confidentiality Classic Annuities™ -- The Conservative Accumulation and Life Income Accounts Privacy and confidentiality are fundamental to Swiss life. In Switzerland, we believe that your financial affairs are your business and yours alone. Our banking secrecy has been much in the press these days. What is not protected -- and never has been -- are actions taken in another country which are also crimes in Switzerland. Thus tax fraud and tax evasion are not protected in Switzerland.. Less well known, but in some cases offering even more protection, is Swiss insurance law. The protection offered by our insurance law, which can even protect one in the event of bankruptcy, will be discussed later when I cover the subject of asset protection. Swiss annuities are about as conservative an investment as one can find. No Swiss insurer has ever failed. Insurers in Switzerland are required to have assets in excess of 100 percent of their liabilities. As conservative as they may be, however, we know that during the financial crash of 2008, citizens the world over achieved impressive gains with their Swiss annuities. Fortunately, it is perfectly legal for citizens of almost every country to own an annuity issued by a foreign insurer. Many of our clients tell me some version of the following: «I have saved and invested for many years. As I grow older I want to take a portion of my wealth off the financial carousel and put it where I know it will always be safe.» These are the people who come to see us for either an immediate or deferred Classic Swiss Annuity™. 3 An Income You Cannot Outlive in the Currency of Your Choice The attractiveness of an immediate annuity is that once the premium is paid, the life income begins at once. Most of our clients have their income payments wired to their local bank.The insurance company already converts it to the local currency. The life income can be paid on one life or jointly on two. The annuity’s beneficiary options allow any unused portion of the annuity to be paid out to the person or person of the owner’s choice upon his or her death. However, come what may, you receive your income for as long as you live. Foreign Currency Accumulation Accounts Classic Deferred Annuities™ make excellent capital accumulation accounts. Classic Deferred Annuities™ operate very simply. You deposit funds with your Swiss insurance company. The funds earn interest. You may withdraw all or a portion of your funds any time you wish. You may also change the currency your policy is denominated in to another major currency, should you wish. With a Classic Annuity™ you completely transfer the investment risk to the insurance company. At any time you have the option of converting your Classic Deferred Annuity™ into a Classic Immediate Annuity™ and begin to draw a lifelong income. These annuities are issued by Swiss-insurancecompany subsidiary insurers in Liechtenstein. The insurer provides the annuity structure, into which you place the various assets which will comprise your annuity’s investment portfolio. In this way, you are able to create a tax favored, nearly judgement proof, personal holding structure. For example, Amercan taxpayers only pay taxes on gains that are actually distributed from the annuity. The end result is a sophisticated asset management structure which is protected by insurancelaw. For example, Liechtenstein insurance law is a near mirror of the Swiss’. In some jurisdictions, life insurance has special tax benefits not accorded to annuities. If this is the case, then a life insurance death capital may be added, creating a Strategic Life Insurance™ policy. Strategic Annuities™* Strategic Annuities™ are innovative investment vehicles that allow individuals to determine the investment make-up of their annuity. * Specific rules apply to those subject to the jurisdiction of the American tax system. Please see our website at gonthiergroup.ch for complete details regarding the rules and regulations thus applicable 4 Asset Protection and Swiss Insurance Law Under our legal system, Swiss annuities and life insurance contracts are afforded special protection not otherwise available to bank accounts or any other investment structure. Let us look at two situations that can arise when one’s assets and wealth are under legal attack. Protection From Judgments Our insurance law protects you from judgments. For this protection to cover your policy, you need to have named your spouse or a lineal descendent, e.g. child or grandchild, as the beneficiary. If you have done this, then your policy cannot be seized by creditors. There are two exceptions to this rule. The first involves the situation where you have pledged your policy as collateral for a loan. In this case, your creditor can seize the policy if you default on the loan. The second exception involves fraudulent conveyance. The concept of fraudulent conveyance means that you transferred assets as part of a deliberate plan to defraud your creditors. During the first year of the policy, your creditors would need to prove your fraudulent intent. From the fourth through fifth year after establishing your policy (or changing the beneficiary), your creditors would need to also prove that your primary beneficiary shared the same fraudulent intent that you had. This is a very hard standard to prove. If you are adjudged bankrupt -- and this bankruptcy judgment is accepted by a Swiss court -then all of the rights you have under your policy devolve to your next in line beneficiary. 5 Thus, your policy is no longer under your control and your creditors will be unable to seize it. Once you emerge from bankruptcy, your rights under the policy are fully restored. The World of GONTHIER GROUP SA The world we work to create for our clients is one where their assets are safe and secure. Come what may, our clients have a portion of their wealth diversified into the world’s most secure country, protected by Swiss insurance law. Our clients hail from many countries around the world. Their level of sophistication varies. What they all have in common is a search for financial certainty in an uncertain world. They look to place a portion of their wealth in Switzerland, beyond prying eyes of bureaucrats and attorneys. This is our invitation to you, to join the world of GONTHIER GROUP SA clients and advisors. We welcome the opportunity to work with you in the development of the investment structure which best suits your needs. While we are not investment advisors, however, should you wish, we can introduce you to investment professionals. As with everything we do, you the investor make all decisions regarding your assets and how they are managed. We also welcome you to visit us at our website and, of course, at our offices in Montreux. Our contact information is: Grand Rue 92, Case Postale 1245 CH-1820 Montreux, Switzerland www.gonthiergroup.ch info@gonthiergroup.ch Tel +41 21 962 8500 Fax +41 21 962 8501 6 NOTES PAGE 7 GONTHIER GROUP SA 8 Zurich 9 GONTHIER GROUP SA Grand Rue 92 Case Postale 1245 CH-1820 Montreux Switzerland www.gonthiergroup.ch info@gonthiergroup.ch Tél +41 21 962 8500 Fax +41 21 962 8501