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史无前例!许家印海外信托被穿透,77亿美元资产被冻结
Sou Hu Cai Jing· 2025-10-06 01:09
Core Viewpoint - The Hong Kong High Court's ruling on September 16, 2025, marks a significant failure for Xu Jiayin's offshore trust strategy, allowing the liquidator of China Evergrande to take control of his global assets, including those held in offshore trusts, thereby challenging the belief among wealthy individuals that offshore trusts are invulnerable to debt claims [1][2][22]. Group 1: Asset Seizure Details - The court's ruling encompasses all personal assets of Xu Jiayin and companies he controls, leading to the dismantling of his global asset empire valued at approximately $7.7 billion [2][4]. - The seized assets include luxury properties in Hong Kong, London, and Los Angeles, as well as yachts, luxury cars, and private jets [2][6]. - The offshore company shares and bank accounts associated with Xu Jiayin are also subject to liquidation, with estimated funds totaling $7.7 billion [6]. Group 2: Legal Principles and Implications - The court's decision to "pierce the trust" is based on the principle of "fraudulent transfer," indicating that asset transfers intended to defraud creditors are invalid and can be reversed [8][9]. - The court's focus on the actual control of trust assets by Xu Jiayin suggests that if he retains significant control over the trust, it may be deemed a "sham trust," losing its legal protection [11][12]. - The ruling emphasizes that establishing a trust while being heavily indebted, with the intent to shield wealth from creditors, constitutes intentional fraud [15]. Group 3: Legal Process Timeline - The asset seizure is a result of a series of legal actions, starting with the court's order for China Evergrande's liquidation in January 2024, followed by attempts to recover $6 billion in dividends and compensation [16]. - The court's approval for the asset takeover occurred in September 2025, accompanied by a global injunction against Xu Jiayin from transferring assets [16]. Group 4: Market Reactions and Regulatory Impact - The asset seizure has provided creditors with a glimmer of hope for recovering some funds, despite the total debt of China Evergrande being approximately HKD 2.4 trillion [19]. - The implications for homebuyers are limited, as the seized assets are personal to Xu Jiayin and do not directly impact ongoing real estate projects [19]. - The case is expected to lead to stricter regulatory scrutiny of high-leverage practices and asset protection strategies among wealthy individuals and business owners [19][21].