Nikolai Timofejev
15 years in FinTech and payments. Maps your business model to the right licence scope and leads the file all the way to registration on the FSC registry, including banking and payment rails.
Cook Islands trust: the International Trusts Act 1984.
A Cook Islands trust is an international trust that only a trustee company licensed by the Financial Supervisory Commission (FSC) can register under the International Trusts Act 1984. A creditor must prove intent to defraud beyond reasonable doubt, sue on its claim within a year of the settlement and in the High Court within two. Registration costs US$310, typically under 24 hours. We run the file from our Auckland office.
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Cook Islands in brief
Cook Islands trust: creditor rules in the Act, a registry only trustee companies use.
A Cook Islands trust becomes an international trust when the Registrar of International Trusts registers it under the International Trusts Act 1984 (No 14), in force since 27 December 1984 and current in the official consolidation as at 1 December 2025. That Registrar is the Registrar of International and Foreign Companies (s.4(1)). Section 2(1) sets two conditions. At least one trustee is a registered foreign company, an international company or a trustee company licensed under the Trustee Companies Act 2014, and the beneficiaries are non-resident at all times. The FSC administers the 2014 Act, and its Registry takes filings from licensed trustee companies only. Outsiders learn little. The Registrar may confirm a trust's name, registration date and number, registered office and the administering trustee company's contact details, and s.23(1) makes it an offence to disclose information on a trust's establishment, constitution or affairs, unless a court, a statutory duty or a search warrant requires it (s.23(2)).
The clock starts with the trustee. An application must reach the Registrar within 45 days of the day a trustee company, international company or registered foreign company is appointed trustee (s.14(1)). It carries a trustee company's certificate that the trust will be an international trust, with a notice of the trust's name and registered office (s.15(1)); filing the deed itself is optional (s.17). The fee is US$310 under Schedule 3 of the 1985 Regulations, payable again at each renewal, and a renewal may run for up to five years (s.16(5)). Once the trustee company has completed KYC, the FSC says registration typically takes less than 24 hours. The hard edge is s.16: a trust deregistered after a missed renewal can never be registered again.
Registered under the International Trusts Act 1984 through an FSC-licensed trustee company only: one qualifying trustee at least, every beneficiary non-resident, and disclosure of a trust's affairs an offence unless s.23(2) applies.
Filed within 45 days of the trustee's appointment for US$310, renewed at US$310 for up to five years at a time; a deregistered trust never returns.
The two builds
An FSC-licensed trustee company, or a family company as trustee.
A licensed trustee company files every Cook Islands registration. The choice is whether it also holds the trust property as trustee, or a company the family owns does, within the limits of the Trustee Companies Act 2014.
A licensed trustee company files every registration; the trustee is that company or the family's own.
01 - LICENSED TRUSTEE COMPANY
Trustee company as trustee
A Cook Islands trustee company licensed by the FSC under the Trustee Companies Act 2014 takes the trusteeship, completes KYC, certifies the trust under s.15(1)(a) and files within the 45 days of s.14(1).
A Cook Islands trustee company licensed by the FSC under the Trustee Companies Act 2014 takes the trusteeship, completes KYC, certifies the trust under s.15(1)(a) and files within the 45 days of s.14(1).
- ✓FSC licence under the 2014 Act
- ✓KYC before the filing
- ✓Certificate under s.15(1)(a)
- ✓Filed within 45 days
- ✓Records at the registered office
- ✓Renewal terms up to 5 years
02 - INTERNATIONAL COMPANY TRUSTEE
A family-owned trustee
An international company trustee of no more than three trusts does not carry on trustee company business (s.5(3)(a), 2014 Act). A licensed trustee company still files, and we confirm the vehicle for the family's trustee before you commit.
An international company trustee of up to three trusts sits outside the licence under s.5(3)(a); we confirm the vehicle before you commit.
- ✓No more than three trusts
- ✓Outside the licence, s.5(3)(a)
- ✓Licensed company still registers
- ✓Non-resident trustee with resident co-trustee
- ✓Vehicle confirmed before you commit
- ✓Records kept six years after exit
As of 2026, a family's own licensed trustee company pays NZD 5,200 to apply and NZD 5,200 a year and needs at least $250,000 of paid-up capital (reg 20); the FSC must decide within 90 days (s.94(1)).
Why the Cook Islands
What the 1984 Act gives a settlor.
✓
The creditor carries the proof
Under s.13B(1) the creditor must prove beyond reasonable doubt that the settlement was made with principal intent to defraud it and left the settlor insolvent or unable to meet its claim, and s.13B(7) puts the onus on the creditor.Intent and insolvency, beyond reasonable doubt.
✓
Two years, one court
Proceedings to set aside a settlement or disposition must be brought in the High Court of the Cook Islands before two years have run from its date (s.13K(1)).High Court, within two years.
✓
Foreign judgments filtered
No court in the Cook Islands may enforce or recognise a foreign judgment that rests on law inconsistent with the Act or concerns a matter governed by Cook Islands law (s.13D).Inconsistent foreign judgments not enforced.
✓
No order without proof
No hearing or order, a Mareva injunction included, goes ahead unless the Court is first satisfied beyond reasonable doubt on the plaintiff's affidavit (s.13K(3)).Affidavit first, Mareva included.
✓
Foreign law set aside
A trust is not void because foreign law does not recognise trusts or because it defeats rights under foreign law (s.13I), and claims by way of heirship rights cannot void it either (s.13E).Not void for foreign-law or heirship claims.
✓
A protector, not a trustee
Subject to the trust instrument, a protector is not liable or accountable as a trustee or other fiduciary (s.20(4)), and the office may be held by the settlor, a trustee or a beneficiary.No fiduciary liability by default.
How it compares
How the Cook Islands differ from other trust jurisdictions.
Jersey leaves the trust unregistered, New Zealand registers foreign exemption trusts with Inland Revenue, and Guernsey licenses fiduciaries. The Cook Islands route every trust through a licensed trustee company.
Cook Islands vs other trust jurisdictions
| Feature |  Cook Islands | Other jurisdictions |
|---|---|---|
| Who files | Licensed trustee company | Jersey: no trust registration |
| Registry fee | US$310 per term | NZ$270 incl. GST in New Zealand |
| Duration | No perpetuity rule, s.6(1) | 125 years in New Zealand |
| Trustee licence | NZD 5,200 to apply | Guernsey: £3,205 to apply |
Who files
Cook IslandsLicensed trustee company
Other jurisdictionsJersey: no trust registration
Registry fee
Cook IslandsUS$310 per term
Other jurisdictionsNZ$270 incl. GST in New Zealand
Duration
Cook IslandsNo perpetuity rule, s.6(1)
Other jurisdictions125 years in New Zealand
Trustee licence
Cook IslandsNZD 5,200 to apply
Other jurisdictionsGuernsey: £3,205 to apply
Country by country
| Country | Instrument | Trustee regulation | Notes |
|---|---|---|---|
| Cook Islands | International trust - 1984 Act | FSC trustee company licence | Filed within 45 days, US$310 |
 Jersey | Jersey trust - 1984 Law | JFSC trust company business | Not registered; unlimited period |
 New Zealand | Foreign exemption trust | IRD-registered structure | 125 years; NZ$270 incl. GST |
 Guernsey | Guernsey trust | GFSC fiduciary licence | £3,205 application from 1 Jan 2026 |
Cook IslandsInstrumentInternational trust - 1984 Act
Trustee regulationFSC trustee company licence
NotesFiled within 45 days, US$310
JerseyInstrumentJersey trust - 1984 Law
Trustee regulationJFSC trust company business
NotesNot registered; unlimited period
New ZealandInstrumentForeign exemption trust
Trustee regulationIRD-registered structure
Notes125 years; NZ$270 incl. GST
GuernseyInstrumentGuernsey trust
Trustee regulationGFSC fiduciary licence
Notes£3,205 application from 1 Jan 2026
Before you establish
What a Cook Islands trust actually requires.What a Cook Islands trust requires.
The International Trusts Act asks for little paper and sets firm deadlines around it. Most of the ten points below pass through the trustee company.
01
Licensed trustee company - an FSC licensee under the Trustee Companies Act 2014 files the registration; the Registry takes no other filer.
02
Qualifying trustee - one trustee at least, a custodian trustee included, is a registered foreign, international or trustee company (s.2(1)).
03
Non-resident beneficiaries - every beneficiary non-resident at all times, under s.2(1)(b).
04
45-day filing - the application, in the prescribed form and with the fee, within 45 days of the trustee's appointment (s.14(1)).
05
Status certificate - a trustee company's certificate that the trust will be international, plus notice of its name and registered office (s.15(1)).
06
Due diligence affidavits - solvency, and title and source of assets, on the forms of the Trustee Companies (Due Diligence) Regulations 1996.
07
Governing-law clause - an express choice of Cook Islands law is valid, effective and conclusive regardless of any other circumstances (s.13G(2)).
08
Renewal - on or before expiry (s.16(3)), US$310 each time, for a period of no more than five years (s.16(5)).
09
Trust records - kept at the trust's registered office, as s.27C(1A) has required of trustees since 10 December 2013.
10
Spendthrift terms - the instrument may stop a beneficiary's interest passing on bankruptcy or being seized in execution (s.13F(1)).
01
Filed by a licensed trustee company.
02
A qualifying trustee under s.2(1).
03
Beneficiaries non-resident at all times.
04
Application within 45 days.
05
Trustee company's s.15(1) certificate.
06
Solvency and source affidavits.
07
Cook Islands law chosen expressly.
08
Renewal at US$310, up to 5 years.
09
Records at the registered office.
10
Spendthrift terms where wanted.
Reflects the International Trusts Act 1984 as consolidated at 1 December 2025 and the Schedule 3 fees of 1 April 2014, as of 2026.International Trusts Act 1984 as consolidated at 1 December 2025; Schedule 3 fees from 2014.
Verify it yourself
Official sources
Regulator pages, legal texts and public registers the figures on this page are based on.
- LawInternational Trusts Act 1984 (No 14) - official consolidation as at 1 December 2025, Laws of the Cook Islandscookislandslaws.gov.ck
- FeesInternational Trusts (Forms and Fees) Regulations 1985, Schedule 3 - prescribed fees in US dollarscookislandslaws.gov.ck
- LawTrustee Companies Act 2014 (No 4) and Trustee Companies Regulations 2014 - Laws of the Cook Islandscookislandslaws.gov.ck
- RegulatorFinancial Supervisory Commission (FSC) - Registry: registration requirements and information requestsfsc.gov.ck
- RegulatorFSC - Licensed trustee companiesfsc.gov.ck
How it works
From first call to the FSC registry entry.
01
Beneficiary check
Each intended beneficiary checked for non-residence, since s.22 takes Cook Islands domiciled or ordinarily resident beneficiaries outside the Act.Non-residence of each beneficiary checked.
02
Trustee company KYC
Licensed trustee company appointed and its KYC completed, with the affidavits of solvency and of title and source of assets.Trustee company appointed, KYC completed.
03
Deed under the Act
Deed drafted under the 1984 Act with the governing-law clause, protector powers, s.13C reservations and any s.13F spendthrift terms.Governing law, protector, reservations drafted.
04
Filing and certificate
Certificate, notice and US$310 lodged inside the 45 days; the FSC registry then typically needs less than 24 hours.Lodged in 45 days with US$310.
05
Renewal and records
Renewal for up to five years at US$310 each time, records kept at the registered office, and each change notified.Renewed, recorded, changes notified.
Quick facts
StatuteInternational Trusts Act 1984
ConsolidationAs at 1 December 2025
RegistrarInternational and Foreign Companies
Filing deadline45 days from appointment
Registry timeTypically under 24 hours
FeeUS$310, again at renewal
Renewal termUp to 5 years
Trustee licence decision90 days, s.94(1)
The FSC's 24-hour figure starts only after KYC is complete. We plan for two to three weeks from instructions to certificate, and longer if the family sets up its own trustee company.
On the ground in the Cook Islands
Run from our Auckland office.
Prifinance - New Zealand
Auckland · New Zealand
Auckland, New Zealand
01
Auckland desk
The Cook Islands file runs from our Auckland office, the desk that also handles our New Zealand trust work.Run from Auckland with our NZ trust work.
02
Trustee company shortlist
Licensed trustee companies compared from the FSC's list, which named 10 on 4 November 2026, on fees, KYC demands and renewal handling.FSC list compared before appointment.
03
Deed and affidavits
Deed drafted under the 1984 Act and the due diligence affidavits prepared before the trustee company opens its KYC file.Deed and affidavits before KYC.
04
Renewal diary
Expiry dates and US$310 renewals tracked against s.16, with any change of registered office notified for US$25.Expiry, renewals and changes tracked.
We also have offices in
Vilnius
Lithuania
Gedimino pr. 2
Prague
Czech Republic
Vlkova 532/8, Žižkov
Dubai
UAE
33 Level, Al Saqr Business Tower
London
United Kingdom
7 Bell Yard
Madeira
Portugal
Rua da Alegria 31, 1F
Istanbul
Turkey
Perpa Ticaret Merkezi, A Blok
Good to know
Taxation of Cook Islands trusts.
Section 27B of the International Trusts Act is the starting point: other enactments cannot reach an international trust unless the Act's Schedule names them.
The s.27B bar
No enactment other than the Act and those in its Schedule may impose any liability, fee, tax, levy, duty, fine or penalty on an international trust (s.27B(1)(a)).Other enactments cannot tax the trust.
No outside filings
Under s.27B(1)(b) no other enactment may require an international trust to file accounts, returns, reports or records.No returns under other laws.
CRS reporting applies
The Schedule keeps Part VIA of the Income Tax Act 1997 applying to the trust, so far as it relates to the Common Reporting Standard.CRS via Income Tax Act Part VIA.
Scheduled Acts still apply
The Financial Transactions Reporting Act 2017, the Proceeds of Crime Act 2003 and the mutual assistance and extradition Acts also sit in the Schedule.FTRA 2017, crime and extradition Acts apply.
Residents outside the Act
The Act has no application to a beneficiary domiciled or ordinarily resident in the Cook Islands (s.22), so the regime is built for non-resident families.Resident beneficiaries outside the Act.
Records for six years
Trust records stay at the registered office and are kept for six years after the trust ends or the trustee is removed or resigns (s.27C(1B)).Records kept six years after exit.
Tax summary
Other enactmentsBarred, s.27B(1)(a)
Outside filingsNot required, s.27B(1)(b)
CRSApplies, ITA 1997 Part VIA
Due diligenceFTRA 2017 applies
Resident beneficiariesOutside the Act, s.22
*As of 2026 per s.27B of the 1984 Act and its Schedule. Settlor and beneficiary home-country rules are modelled for each Cook Islands file.
Turnkey professional support
Experienced lawyers and international consultants.
We provide end-to-end support, from company registration and the application file to regulatory interaction and compliance oversight - with an individualized approach to each client.
Oleksii Kindratenko
Builds the application itself: Cook Islands trust deed, AML/KYC policy pack, capital structure and tax registrations. His document sets are the reason reviews finish in months, not years.
Eugeniu Bevziuc
First point of contact for international founders. Runs the whole setup remotely, across time zones and languages - from the first call to a registered Cook Islands trust.
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Cook Islands · FSC
Set up your Cook Islands trust with expert support.
Full-service assistance - from the trustee company and the deed to registration and renewals - run through our Auckland office.
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The Cook Islands trust, question by question.
Who registers a Cook Islands international trust?+
A licensed trustee company, and no one else. The FSC Registry takes filings only from licensed trustee companies, which complete KYC first, certify the trust under s.15(1)(a) and file within 45 days of a trustee's appointment (s.14(1)).
What must a creditor prove against a Cook Islands asset protection trust?+
Principal intent to defraud that creditor, and the settlor left insolvent or unable to meet the claim, beyond reasonable doubt (s.13B(1)). A settlement made more than two years after the creditor's cause of action accrued is deemed not fraudulent (s.13B(3)(a)); so is one made inside those two years if the creditor does not sue within one year of it (s.13B(3)(b)), or one made before the cause of action accrued (s.13B(4)).
Are foreign judgments enforced against a trust in the Cook Islands?+
Not where the judgment rests on a law inconsistent with the Act or concerns a matter governed by Cook Islands law (s.13D). A creditor relying on any foreign judgment must first show it has exhausted its remedies against the settlor's remaining property and all appeals (s.13B(13)), and punitive damages are excluded (s.13B(14)).
How long does it take to set up a Cook Islands trust?+
About two to three weeks, in our planning. Registration itself typically takes less than 24 hours after KYC, by the FSC's account, and the Act allows 45 days from the trustee's appointment to file (s.14(1)).
What does a Cook Islands trust cost?+
Registry fees under Schedule 3 of the 1985 Regulations are US$310 to register and US$310 for each renewal of up to five years, plus items such as US$25 for a certificate of current status. The trustee company bills separately. Prifinance's fee for the Cook Islands file is quoted in writing after a free assessment.
Can the settlor keep powers over a Cook Islands trust?+
Yes. Under s.13C the trust stays valid where the settlor keeps powers to revoke or amend it, to dispose of its property or to remove or appoint trustees and protectors, or is a beneficiary, trustee or protector. Without an express power of revocation, though, the trust is deemed irrevocable (s.11(1)).
What happens if a Cook Islands registration lapses?+
If no renewal is filed, the Registrar may deregister the trust on 90 days' notice (s.16(6)); a late renewal after that notice costs US$50 (s.16(6A)). Deregistration ends the Act's protection for earlier dispositions under s.13A-13B, and the trust must not be re-registered (s.16(7)).
Does a Cook Islands trust pay tax or file returns?+
Only under the Act and the enactments in its Schedule. Section 27B bars every other enactment from imposing a tax, levy, fee or penalty on an international trust or requiring it to file accounts or returns; the Schedule's 18 entries include the Financial Transactions Reporting Act 2017, the Proceeds of Crime Act 2003, the Mutual Assistance in Criminal Matters Act 2003 and the CRS part of the Income Tax Act 1997.
Cook Islands trust or New Zealand trust?+
New Zealand is the better fit for a family that wants the Trusts Act 2019, whose s.16(1) caps a trust at 125 years, and a foreign exemption trust registration with Inland Revenue at NZ$270 including GST. The Cook Islands Act adds the creditor rules of s.13B and s.13K and applies no perpetuity rule (s.6(1)).
Why Prifinance for a Cook Islands trust?+
We draft the deed to the 1984 Act, choose the licensed trustee company with you and prepare the KYC file and affidavits before the 45-day clock starts. Renewals are diarised from our Auckland office against each certificate's expiry.
Who registers?+
A licensed trustee company only.
What must a creditor prove?+
Intent and insolvency, beyond reasonable doubt.
Foreign judgments?+
Not if inconsistent with the Act.
How long?+
Two to three weeks; registry under 24 hours.
Cost?+
US$310 per term. Prifinance's fee after assessment.
Settlor powers?+
Yes, s.13C; irrevocable by default.
Registration lapses?+
Deregistration on 90 days' notice, for good.
Tax and returns?+
Barred by s.27B, except scheduled Acts.
Or New Zealand?+
NZ: 125 years, NZ$270 registration.
Why you?+
Deed, trustee company, KYC and renewals.
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Prifinance is an independent law and advisory firm. We are not a regulator and are not affiliated with, endorsed by, or acting on behalf of the Financial Supervisory Commission (FSC) of the Cook Islands or any other public authority. Authorisations are granted by, and obtained directly from, the competent authorities.