Hong Kong Trust

Specialist jurisdiction

Offshore Companies · Hong Kong Trust

Flag of Hong Kong
Asia Pacific Hong Kong
Latitude 00.0000° N
Longitude 000.0000° E
Written and reviewed by John Evans Connor Steens
Updated

Governing law

Trustee Ordinance (Cap. 29), amended 2013

Trustee

A trustee licensed in Hong Kong runs the trust

Duration

Unlimited since the rule against perpetuities was abolished in 2013

Primary use

Structuring wealth toward Asia and Mainland China, family offices

Reserved powers

A settlor may reserve powers without the trust being invalidated

Protection focus

Beneficiaries can remove a trustee with no court order

General summary only. Hong Kong is at its strongest for structuring wealth toward Asia and Mainland China and for family office planning. It is not our team's preferred jurisdiction for adversarial commercial-creditor protection; whether it suits you turns on the client, the assets, the timing and home-country law.

Standalone trust

Hong Kong Trust

On application

Scope confirmed after trustee review

A Hong Kong Trust on its own, aimed at structuring wealth toward Asia and Mainland China within a modernised trust framework that carries unlimited duration.

Coordination of onboarding and due diligence with a licensed Hong Kong trustee
A trust deed and formation paperwork that comply with the Trustee Ordinance
The first-year trustee and administration scope set out in writing
Discuss this option
Complete structure

Trust, Hong Kong company and banking support

On application

Scope confirmed after provider review

A coordinated structure that brings together a Hong Kong Trust, a Hong Kong company and, where suitable, bank or brokerage account support.

A Hong Kong Trust with an underlying Hong Kong company beneath it
Bank or brokerage account coordination
A fully itemised quote before you make any commitment
Book a consultation
01 · Governing law

Trustee Ordinance, Cap. 29

The Trustee Ordinance (Cap. 29) governs a Hong Kong Trust; it dates to 1934 and was substantially modernised by the Trust Law (Amendment) Ordinance 2013.

02 · Long-term planning

Unlimited duration since 2013

By abolishing the rule against perpetuities for Hong Kong trusts, the 2013 amendment made genuinely indefinite dynasty structures possible.

03 · Reserved powers

Settlor involvement protected

From 2013 onward, a settlor may reserve powers — investment direction included — without those powers rendering the trust invalid.

04 · Trustee

Licensed Hong Kong trustee

The trust is administered by a trustee licensed in Hong Kong, operating within the Trustee Ordinance framework.

05 · Governance

Beneficiaries can remove a trustee

Under the 2013 reforms, beneficiaries may remove and replace a trustee without going to court, provided set conditions are met.

06 · Gateway access

Asia and Mainland China facing

Because Hong Kong sits as a family office and wealth management hub, structures there gain direct access to Asian and Mainland Chinese wealth flows.

Important: Hong Kong is built for structuring wealth toward Asia and Mainland China and for family office planning — not as a stand-in for a structure purpose-built against commercial creditors. Compare the Cook Islands Trust and Nevis Trust when adversarial asset protection is your foremost aim. Among the official sources is the Hong Kong Trustee Ordinance, Cap. 29.

Jurisdiction fit before formation

Before we recommend a structure, we weigh a Hong Kong Trust against jurisdictions purpose-built for asset protection, so that structuring wealth toward Asia is never mistaken for a defence against commercial creditors.

Professional trustee coordination

We manage the application, due diligence, deed drafting and trustee process together with established, licensed Hong Kong professional service providers.

Pricing confirmed on application

The scope and fees of formation are laid out before any work starts, and trustee charges, third-party costs and continuing administration are explained through onboarding.

Company and banking support

When an underlying Hong Kong company, banking, brokerage or a further jurisdiction is called for, we manage the broader structure through a single point of contact.

Reserved powers and the design of family offices

Working with the trustee and, where needed, legal specialists, we arrange reserved powers, trustee removal provisions and governance for family offices over the long term.

Structure comparison

Hong Kong Trust vs Cook Islands Trust

Each carries genuine legal strength, yet they were designed with different aims in mind. The Cook Islands imposes a criminal burden of proof along with the shortest limitation period found anywhere; Hong Kong brings unlimited duration, reserved powers and a direct line into Asian and Mainland Chinese wealth flows that no Pacific jurisdiction can match.

Purpose-built asset protection

Cook Islands Trust

Burden of proofA beyond-reasonable-doubt (criminal) standard for claims of fraudulent transfer.
Limitation periodOne to two years, ranking among the shortest of any trust jurisdiction.
Track recordA 40-year record of withstanding direct challenges from US federal agencies, the FTC and SEC among them.
Asia gateway accessNone — a Pacific offshore jurisdiction lacking Hong Kong's Asia-facing position.
Asia’s family office gateway

Hong Kong Trust

Burden of proofThe civil standard — Hong Kong's general civil law principles are what apply.
DurationUnlimited since the rule against perpetuities was abolished in 2013.
Asia gateway accessA foremost hub for family offices and wealth management, facing Mainland China and the wider Asian region.
Reserved powersBy statute since 2013, a settlor may reserve powers without invalidating the trust.
Choose Cook Islands ↗If what matters most to you is the strongest available defence against a US-style creditor claim, whether active or anticipated.
Choose Hong Kong TrustIf your focus is structuring toward Asia or Mainland China, family office governance, or dynasty planning over a long horizon.
For a commercial-creditor claim specifically, known or anticipated, the Cook Islands Trust stays our purpose-built recommendation. Compare Cook Islands Trust
Where Hong Kong leads

Structuring wealth toward Asia and Mainland China

Hong Kong holds the most appeal for clients with real Asian or Mainland Chinese business interests who want a modernised trust framework carrying unlimited duration.

Families and entrepreneurs whose business interests reach into Mainland China or the wider Asian region
Family offices after dynasty structures with unlimited duration
Clients who want ongoing reserved-powers involvement in decisions about investments
Investors after a trust jurisdiction woven into Asia's private banking sector
When another jurisdiction fits better

Not our team's first pick for adversarial creditor claims

Hong Kong provides a genuinely modernised trust framework, yet it is not constructed around the criminal-burden, short-limitation defences that mark the Cook Islands or Nevis.

No criminal (beyond-reasonable-doubt) burden of proof — civil law principles are what Hong Kong applies
No fixed, short statutory limitation period specific to trust transfers
Self-settled asset-protection trusts are not what the jurisdiction was designed around
Suitability for commercial creditors has to be assessed before funding takes place
For a commercial claim that is known or anticipated, compare the Cook Islands Trust and Nevis Trust. When it comes to Asia-facing structuring and family office planning, Hong Kong is often the better fit.
total protection package
  • The Hong Kong trustee application handled from beginning to end
  • Trustee, registration and third-party charges broken out in the written quote
  • A Hong Kong-compliant trust deed drawn up where it is needed
  • The structure registered and ready to take in assets the trustee has approved

Founder & Chief Executive Officer

Rarotonga, Cook Islands

More than two decades of experience across offshore banking, asset protection, international companies and trusts.

Connor Steens
BBUS

Founder & Business Development Director

Sydney, Australia

Specialises in offshore structuring, strategic partnerships, business development and global wealth solutions.

Atinata Hosking

Sales Manager

Rarotonga, Cook Islands

Brings more than two decades of experience in offshore banking, regulatory compliance and client relationship management.

Melanie Tetuaiteroi

Sales Assistant

Rarotonga, Cook Islands

Supports client onboarding, communications, documentation and operational coordination, backed by fiduciary administration experience.

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What purposes does a Hong Kong Trust serve?

A Hong Kong Trust is typically put to use for structuring wealth toward Asia and Mainland China, for family office governance and for dynasty planning. Following the 2013 reforms, Hong Kong trusts may be set up to run for an unlimited duration.

Is a Hong Kong Trust legal?

Yes. Hong Kong Trusts are wholly legal structures relied on by families and family offices throughout Asia and further afield. US settlors are required to report the trust to the IRS each year through Forms 3520 and 3520-A. Our team makes certain every structure fully meets home-country reporting obligations.

Does a Hong Kong Trust shield assets from creditors the way a Cook Islands Trust does?

Not in the same fashion. Hong Kong trust law carries no dedicated self-settled asset-protection statute. What it offers instead is unlimited duration, reserved powers and Asia-facing gateway access. For protection against adversarial creditors in particular, we point to the Cook Islands or Nevis Trust.

What does a Hong Kong Trust cost?

Pricing is quoted on application and hinges on the structure you need — a standalone trust, or a trust paired with an underlying Hong Kong company and bank account. You receive a full, itemised quote before making any commitment, with nothing hidden.

Can I establish a Hong Kong Trust while a lawsuit is already underway against me?

That turns on the particular circumstances. A transfer made with the intent to defraud a known creditor can still be challenged under general Hong Kong law. If legal action is currently against you, we suggest talking your situation through with us directly.

Will I still be able to reach my assets once they are transferred into the trust?

Yes. Ever since the 2013 reforms, a settlor may reserve powers — investment direction among them — without those powers invalidating the trust, so long as they stay within the terms the trust deed lays out.

Which assets is a Hong Kong Trust able to hold?

Nearly any class of asset — cash, securities, business interests and beyond. Real estate is generally held via a Hong Kong company owned by the trust rather than held directly, given that property is always governed by the law of the place where it sits.

How long does setting up a Hong Kong Trust take?

Once trustee due diligence is finished, the trust deed and registration generally run two to four weeks. Opening an account at Hong Kong banking institutions adds a further four to six weeks.

Do I need a lawyer to establish a Hong Kong Trust?

We strongly advise obtaining independent legal and tax advice, especially for US persons carrying IRS reporting obligations. Our team runs the entire formation process and can put you in touch with qualified advisors who specialise in Hong Kong structures.

What is a trust protector, and is one necessary for me?

A trust protector is an independent third party holding defined powers, which typically include removing and replacing the trustee. Following the 2013 reforms, beneficiaries too can remove a trustee without a court order where set conditions are met.

What are the yearly costs of keeping a Hong Kong Trust running?

Yearly trustee administration fees differ according to the trustee company and how complex your structure is. Structures that include an underlying company or active banking draw higher fees. We supply a full breakdown of both formation and ongoing costs before you commit.