South Dakota has one of the most comprehensive privacy statutes in the U.S. for trust matters. It is the only state with an automatic total seal in perpetuity for all court matters (i.e., reformations/modifications, decants, litigation, etc.) involving trusts.
Trust privacy is often a feature in offshore jurisdictions, but is now a feature of U.S. trusts (specifically South Dakota) which makes South Dakota a very attractive jurisdiction for international families. Most U.S. trust jurisdictions are open to the public for trust matters.
Global Secrecy Wall Falling Apart:
The U.S. and other foreign jurisdictions are entering into information sharing programs on their citizens. These programs have caused the global “secrecy wall” to fall apart, and as a result many of the offshore jurisdictions are becoming less appealing for international families who once looked to establish trusts or other entities in these jurisdictions for secrecy. Consequently, the stability of the U.S. combined with South Dakota’s modern trust laws catering to international families may be more appealing to many international families than an offshore trust based in a black-listed country subject to extensive regulations, etc…
