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Bonds Market Defined

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European Bond Market Structure 1 300x198 Bonds Market Defined

Municipal Securities Market
Municipal securities are debt obligations issued by states, cities, counties, and other governmental entities to raise money to build schools, highways, hospitals, and sewer systems, as well as many other projects for the public good. Municipal securities are the most important way that U.S. state and local governments borrow money to finance their capital investment and cash flow needs. An important distinguishing characteristic of the municipal securities market is the exemption of interest on most municipal bonds from federal income taxes. The implicit subsidy provided by the federal government permits municipal issuers to compete effectively for capital in the domestic securities market. There is currently in excess of $2.67 trillion in outstanding municipal debt.

Treasury Securities Market
The U.S. Treasury securities market is the largest and most liquid market in the world. There is currently $7.89 trillion in outstanding marketable Treasury debt. The U.S. Treasury issues three types of securities: bills, which have a maturity of less than 1 year; notes, which have a maturity of between one and 10 years; and bonds, which have a maturity of greater than 10 years.

Federal Agency Securities Market
Federal agency debt is issued by various government-sponsored enterprises (GSEs) which were created by Congress to fund loans to borrowers such as homeowners, farmers and students. Through the creation of GSEs, the government addressed various public policy concerns about the ability of members of these groups to borrow sufficient funds at affordable rates. Most GSEs rely primarily on debt financing for their day-to-day operations. Among the most active issuers of agency debt securities are: Federal Farm Credit System Banks, Federal Home Loan Banks, Federal Home Loan Mortgage Corporation (Freddie Mac), Federal National Mortgage Association (Fannie Mae), and Tennessee Valley Authority (TVA). There is an estimated $3.14 trillion in agency debt currently outstanding.

Corporate Bond Market
Corporate debt securities are obligations issued by corporations for capital and operating cash flow purposes. Corporate debt is issued by a wide variety of corporations involved in the financial, industrial, and service-related industries. There is approximately $6.72 trillion in corporate debt currently outstanding.

Money Market Instruments
Money market instruments include bankers acceptances, certificates of deposit, and commercial paper. Together these three instruments account for an estimated $3.9 trillion in outstanding instruments. Bankers acceptances are typically used to finance international transactions in goods and services. Certificates of deposit (CDs) are large denomination negotiable time deposits issued by commercial banks and thrift institutions, representing about $2.2 trillion. Commercial paper, which is short term unsecured promissory notes issued by both financial and non-financial corporations, is currently a $1.7 trillion market.

Mortgage Securities Market
Mortgage securities represent an ownership interest in mortgage loans made by financial institutions (savings and loans, commercial banks, or mortgage companies) to finance the borrower’s purchase of a home or other real estate. Mortgage securities are created when these loans are packaged, or “pooled”, by issuers or servicers for sale to investors. As the underlying mortgage loans are paid off by the homeowners, the investors receive payments of interest and principal. The majority of mortgage securities are issued and/or guaranteed by an agency of the U.S. Government, the Government National Mortgage Association (Ginnie Mae), or by government-sponsored enterprises such as the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). Some private institutions, such as subsidiaries of investment banks, financial institutions, and home builders, also package various types of mortgage loans and mortgage pools. The securities they issue are known as “private-label” mortgage securities, in contrast to “agency” mortgage securities issued and/or guaranteed by Ginnie Mae, Fannie Mae, or Freddie Mac. There is an estimated $8.86 trillion in outstanding mortgage-related securities.

Asset-Backed Securities
Asset-backed securities, called ABS, are bonds or notes backed by financial assets. Typically these assets consist of receivables other than mortgage loans, such as credit card receivables, auto loans, manufactured-housing contracts and home-equity loans. There is approximately $2.6 trillion in debt currently outstanding.

For more information, please proceed to: http://www.investinginbonds.com/MarketAtAGlance.asp?catid=31&id=78

Posted in Swiss Cleantech

Taxation Benefits in Switzerland: Canton Zug

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swiss map 200x300 Taxation Benefits in Switzerland: Canton Zug

THE SWISS TAXATION SYSTEM

The Swiss Taxation System is based on the country’s confederation. This explains the three different tax authorities:

Federal Taxes Taxes on earnings

Cantonal Taxes Taxes on earnings and capital, church taxes
(These taxes are different from canton to canton)

Municipality/City Taxes on earnings and capital, church taxes
(These taxes are different from town to town)

The Federal tax authorities do not grant any special privileges so that Swiss-business and foreign-business companies pay the same taxes. However, holding companies are an exception if they hold participations of a minimum of 10 % or of at least CHF 1.000.000
(no capital gain).

ZUG – TAXATION SYSTEM WITH SPECIAL PRIVILEGES

As you have learned in the former chapter, a company pays also taxes to the canton and the municipality. Since the local government of the canton of Zug has started to attract foreign companies by low taxation, innumerable international companies settled down. And one can say, that by doing this all these companies supported the decision.

The canton of Zug divides the Companies into four different taxation classes:

Regular trading company

The regular trading company is the type of company which is at the disposal of national businessmen operating a trading, manufacturing or service enterprise.

NO TAX RELIEF

Holding company

Holding companies are enterprises whose principal object consists in the holding of participations in other companies. In contrast to the canton of Zurich for example, the canton of Zug does not require a holding company to be operated as a pure investment company and it is sufficient if the majority of the assets consists of participations and the earnings largely come from the profits on participations. (mixed holding company)

TAX RELIEF on capital and reserves NO TAXES on earnings

Domicile companies

Domicile companies are firms which have only their residence (domicile) in the canton of Zug. They may not be outwardly active in Switzerland, i.e. they are not permitted to take on staff of their own nor run their own offices nor start any commercial activities in Switzerland. However, they are freely permitted to do this in other countries. The domicile company is suitable for any kind of business activity, e.g., commerce, the turning to account of patents, the administrations of assets, realty operations

TAX RELIEF on capital and reserves NO TAXES on earnings

Mixed company

Mixed companies are enterprises under foreign control for which the form of a domicile company is not appropriate for business reasons. This company may have its own staff and offices and carry out transactions in Switzerland. The income from Swiss sources will be taxed fully. For the income from foreign countries you pay taxes for the administration only. For these kind of companies you get easily a tax-ruling.

TAX RELIEF on capital and reserves TAX RELIEF on foreign source earnings

ALL TAXES AT A GLANCE

FEDERAL TAXES CANTONAL AND LOCAL TAXES OF ZUG

Regular trading company

capital: 0 % 0.05 %
earnings: 8.5 % of profit before tax
min. 4 % up to CHF 100.000 profit
max. 7 % over CHF 100.000 profit

Holding company

capital: 0 % 0.0075 % of the equity min. CHF 150.–

earnings: Holding deduction tax free
no capital gain on investments over 1 million or 10 % participations
Domicile company

capital: 0 % 0.0075 % of the equity min. CHF 150.–

earnings: as regular trading company tax free
Mixed company

capital: 0 % 0.15 %

earnings: as regular trading company
Swiss source earnings: as regular trading company

Foreign source earnings: tax ruling example
25 % thereof: as regular trading company
75 % thereof: tax free

Attention:

The above mentioned rates for the cantonal and communal taxes have to be multiplied by the Proportion of the Cantonal and Local forcast budget, which should be covered by the tax revenues, which usually amounts to 1.55 +/- 0.2

For more information, please visit:

http://www.my-swiss-company.com/

Posted in Swiss Cleantech

How to invest in Bonds

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bndisach 300x219 How to invest in Bonds

There are several ways to invest in bonds, including purchasing individual bonds or investing in bond funds or unit investment trusts.

Individual Bonds
There is a wide variety of individual bonds to choose from in creating a portfolio that matches your investment needs and expectations. Most individual bonds are bought and sold in the over-the-counter (OTC) market, although some corporate bonds are also listed on the New York Stock Exchange. The OTC market comprises securities firms and banks that trade bonds; brokers or agents, who buy and sell bonds on behalf of customers in response to specific requests; and dealers, who keep an inventory of bonds to buy and sell.

If you’re interested in purchasing a new bond issue in the primary market (when it is first issued), your investment advisor will provide you with the offering document, official statement or prospectus. You can also buy and sell bonds in the secondary market, after they have already been in issued in the primary market.

Usually, bonds sold in the OTC market are usually sold in $5,000 denominations. In the secondary market for outstanding bonds, prices are quoted as if the bond were traded in $100 increments. Thus, a bond quoted at 98 refers to a bond priced at $98 per $100 of face value, which equates to buying a bond with a face value of $5,000 for $4,900 (or at a two percent discount).

Bond prices in the secondary market normally include a markup, which consists of the dealer’s costs and profit. An additional commission may be added if a broker or dealer has to locate a specific bond that is not in its inventory. Each firm establishes its own prices, within regulatory guidelines, which will vary depending upon the type of bond, size of the transaction, and service the firm provides.

Bond Funds
Bond funds, like stock funds, offer professional selection and management of a portfolio of bonds for a fee. Through a bond fund, an investor can diversify risks across a broad range of issues and opt for a number of other conveniences, such as the option of having interest payments either reinvested or distributed periodically.

Some funds are designed to follow a market, in general or a specified index of bonds. These are often referred to as index or passive funds. Other funds are actively managed according to a stated objective, with bonds purchased and sold at the discretion of a fund manager. In contrast to an individual bond investment, a bond fund does not have a specified maturity date because bonds being added to and eliminated from the portfolio in response to market conditions and investor demand. With open-end mutual funds, an investor is able to buy or sell a share in the fund at any time at the fund’s net asset value. Because the market value of bonds fluctuates, a fund’s net asset value will change to reflect the aggregate value of the bonds in the portfolio. As a result, the value of an investment bond fund may be higher or lower than the original purchase price, depending upon how the underlying portfolio of bonds has performed. Alternatively, closed-end mutual funds have a specific number of shares that are listed and traded on a stock exchange. The price of closed-end funds will fluctuate not only with the price of the underlying portfolio, but also the supply and demand of the shares of the fund, and so may be priced at, above, or below the net asset value of the fund’s holdings. Because the fund managers are less concerned about having to meet investor redemptions on any given day, their strategies can be more aggressive. Exchange-traded funds, or ETFs, are similar to closed-end funds, but have transparent portfolios and are generally passively managed.

There are numerous sources of bond fund information available, including personal finance magazines and the internet. Fund research firms also provide detailed analyses by subscription to which many libraries subscribe. In addition, rating agencies also evaluate bond funds for credit and safety.

Most funds charge annual management fees while some also impose initial sales charges or fees for selling shares. When taken into account, fees and sales charges will lower overall returns, so investors need to be aware of total costs when calculating expected returns. Many funds also require a minimum initial investment.

Like individual bonds and other investments, bond fund investments entail risk. Investors should not automatically conclude that a fund offering a higher rate of return or income is better than a fund offering lower rates of return or income. Investors need to be aware of several factors, including the total costs, credit quality, manager quality, risks and the ability to exit these funds before making investment decisions.

Money Market Funds
Money market funds refer to pooled investments in short-term, highly liquid securities. These securities include short-term U.S. Treasuries, municipal bonds, certificates of deposit issued by major commercial banks, and commercial paper issued by corporations. Generally, these funds consist of securities and other instruments having maturities of three months or less. Money market funds may offer convenient liquidity, since most allow investors to withdraw their money at any time. The minimum initial investment is usually between $1,000 and $10,000.

Bond Unit Investment Trusts
Bond unit investment trusts offer a fixed portfolio of investments in government, municipal, mortgage-backed or corporate bonds, which are professionally selected and remain constant throughout the life of the trust. One of the benefits of a unit trust is that you know exactly how much you will earn while you are invested because the composition of the portfolio remains stable. Since the unit trust is not an actively managed pool of assets, there is usually no management fee, but investors do pay a sales charge, plus a small annual fee to cover supervision, evaluation expenses and trustee fees. The minimum initial investment is usually between $1,000. As an investor, you can earn interest income during the life of the trust and recover your principal as securities within the trust are redeemed. The trust typically ends when the last investment matures.

For more information, please proceed to http://www.investinginbonds.com/learnmore.asp?catid=4&id=5

Posted in Swiss Cleantech

Bond Swapping

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finance 300x206 Bond Swapping

As the name suggests, bond swapping involves selling one bond and simultaneously purchasing another similar bond with the proceeds from the sale. Why would you engage in this practice? You may wish to take advantage of current market conditions (e.g., a change in interest rates), or perhaps a change in your own personal financial situation has now made a bond with a different tax status appealing.
Bond swapping can also cause you to receive certain tax benefits. In fact, tax swapping is the most common of bond swaps. Generally, anyone who owns bonds that are selling below their amortized purchase price and who has capital gains or other income that could be partially, or fully, offset by a tax loss can benefit from tax swapping. Tax law plays an important role in bond swaps so it is advised that investors consult a tax advisor for the most up-to-date advice.

Reinvestment of Interest Income

Whenever possible—and especially if you have many years before retirement—you should reinvest your bond interest (coupons). If you buy individual bonds, this takes discipline because you need to put each coupon payment you receive to work earning interest rather than spend it. Consider putting them in a brokerage money market account, or even opening a standard savings account just for your coupon payments. At the end of each year, you can put them into the next bond in your laddering strategy.

For more information, please proceed to: http://apps.finra.org/investor_Information/smart/bonds/505000.asp

Posted in Corporate and Government Bond Issue

Diversifying Within Your Bond Portfolio

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green asset finance missing piece1 300x257 Diversifying Within Your Bond Portfolio

Within the bond portion of your portfolio, you will also want to diversify your holdings. Here are two key factors to consider when determining your bond allocation:

Tax Bracket

Your tax bracket may influence how you allocate investments among taxable and tax-exempt bonds. If your current federal income tax bracket is 28 percent or higher, the tax savings on municipal bonds, for instance, may be worth considering. Tax calculators are available on the Web, including SIFMA’s Investing in Bonds website, to help you determine how tax-exempt yields compare to taxable yields.

Risk Tolerance

Your risk tolerance depends on your own personal preferences as well as the number of years you have until retirement. If you can’t sleep at night because you’re worrying about a downgrade in a high-yield bond, then you’ll want to consider lower-risk alternatives. You might consider diversifying your bond holdings by using a strategy called laddering.

Bond Laddering

Laddering is a strategy that uses “maturity weighting,” which involves dividing your money among several different bonds with increasingly longer maturities, and is frequently recommended for investors interested in using bonds to generate income. Laddering is used to minimize both interest-rate risk and reinvestment risk. If interest rates rise, you reinvest the bonds that are maturing at the bottom of your ladder in higher-yielding bonds. If rates fall, you are protected against reinvestment risk because you have longer-maturity bonds at the top of your ladder that aren’t exposed to the drop.
For example, you might buy a two-year bond, a four-year bond and a six-year bond. If you put approximately equal amounts of money in each bond, the average maturity of the entire portfolio would be four years.
As each bond matures, you would replace it with a bond equal to the longest maturity in your portfolio. For example, when the two-year bond matures, you replace it with a six-year bond. But your older bonds are now two years closer to maturity, so the average weighted maturity of the portfolio remains the same—four years.
A laddered portfolio is not limited to the maturities described above. You can build a ladder to correspond to longer durations and include longer maturities. Your return would be higher than if you bought only short-term issues. Your risk would be less than if you bought only long-term issues. Laddering also helps you gain a greater degree of interest rate protection than if you owned bonds of a single maturity. If interest rates fall, you may have to invest your bonds with the shortest maturity date at a lower rate, but you’d be getting above-market return from the longer-maturity issues. If rates go up, your total portfolio is apt to pay a below-market return, but you could start correcting when your shorter-term bonds mature.
There is a downside to laddering: Your overall return may be lower than a non-laddered bond portfolio.

Benefits of Laddering

Laddering’s mix of short- and medium-term bonds helps to:
Minimize inflation risk
Reduce holding-period risk
Reduce the impact of interest rate fluctuations
Generate total return on par with long-term bonds
Encourage regular saving/investing

For more information, please proceed to: http://apps.finra.org/investor_Information/smart/bonds/503000.asp

Posted in Corporate and Government Bond Issue

Smart Bond Investing

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bonds investing Smart Bond Investing

You’ve heard it before: Asset allocation is key to prudent, long-term investing. You’ve probably heard this before, too—depending on your age and tolerance for risk, your portfolio should contain a mixture of investments, including stocks, bonds and cash. This is sound advice. But do you understand the critical characteristics of bonds?
That’s where this guide comes in. We’ve written it to help those who already invest in bonds and mutual funds that primarily invest in bonds—and those who are considering investing—better understand this important component of a balanced portfolio.
Bonds and bond funds can be extremely helpful to anyone concerned about capital preservation and income generation. Bonds and bond funds also can help partially offset the risks that come with equity investing—regardless of prevailing market conditions. They can be used to accomplish a variety of investment objectives. Bonds and bond funds hold opportunity—but they also carry risk.

Asset Allocation

Buying bonds can be an important part of an asset-allocation strategy that balances risk and reward. Asset allocation is all about diversification of investments, both within and among different asset classes. In short, it means not putting all of your eggs into one basket.
In putting together a diversified portfolio, you select a mix of stocks, bonds and cash so as to arrive at the risk-reward ratio that stands the best chance of reaching your investment objectives. In general, the longer you have to invest, the greater risk you can assume because you might have the opportunity to ride out short-term market losses in hopes of achieving greater long-term returns. But investing always involves some degree of risk—and risk comes in many flavors: inflation risk, liquidity risk, market risk and so forth. Remember that your risk analysis will always be unique to you. If you have limited assets or assets that you cannot or are not willing to lose, then you will want to think twice about the risks you take—especially risks that could result in your losing your principal or seeing the value of your investment eroded by inflation.

Here’s an example of how portfolios might be allocated for investors who are willing to accept the risks of equities-based portfolios and who have differing investment horizons:
Investment Horizon Stocks Bonds Cash
20 – 30 years to retirement 80% 15% 5%
10 – 20 years to retirement 60% 30% 10%
5 years to retirement 40% 40% 20%
Retirement age and beyond 30% or less 40 – 80% 20% or more

Generally speaking, the lower your tolerance for risk and the shorter your time horizon, the higher the percentage of your portfolio that you should keep in cash or short-term bonds. While bond values will fluctuate on the secondary market, in general (and with the exception of high-risk “junk” or emerging-market bonds) their upward and downward price swings will be narrower than those of stocks.
Of course, when you are planning to retire, how much income you’ll need in retirement will be important in determining your asset mix, since the longer you plan to invest the money, the more risk you can afford to take. Here’s a calculator that can help you determine your retirement income needs.
At least once a year, you should evaluate your portfolio with an eye to rebalancing your mix of stocks, bonds and cash to maintain the percentages you’re comfortable with. For example, if bonds have dramatically outperformed stocks in recent years, you might want to rebalance your portfolio by moving some of your assets (or investing new money) into stocks.

For more information, please proceed to: http://apps.finra.org/investor_Information/smart/bonds/501000.asp

Posted in Corporate and Government Bond Issue

The Cleantech Investment Opportunities: Switzerland

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shutterstock 814169801 300x300  The Cleantech Investment Opportunities: Switzerland

Switzerland

Encouraging Swiss Innovation
Cleantech provides huge opportunities for innovation and manufacturing in Switzerland, a means of creating jobs and maintaining living standards. At the same time, efficient and clean technologies play an important role in meeting global challenges such as climate changes, depletion of natural resources or increasing environmental pollution. For this reason, the Federal Department of Economic Affaires (FDEA) and the Federal Department of the Environment, Transport, Energy and Communications (DETEC) worked together to draft the Swiss Cleantech Masterplan (SCMP). With this plan, the federal government seeks to increase make Swiss cleantech companies more innovative by encouraging close cooperation between scientific, business, government and political stakeholders.
 The cleantech sector in Switzerland is essentially well-positioned
 There is a broad knowledge base and also considerable specialization. While the number of Swiss cleantech patent applications is increasing, Switzerland’s share of cleantech – related patents worldwide has fallen slightly.
 Switzerland enjoys a strong position as far as foreign trade in cleantech products is concerned. Swiss exports of cleantech products and services are growing, albeit at a slower pace than Swiss exports in general. Furthermore, Switzerland’s share of the world’s cleantech market is diminishing.
 Switzerland has lost some of its lead in the cleantech sector to intercontinental competition and has even fallen behind in some cleantech sub-sectors. These developments clearly run counter to the dynamic growth witnessed in the cleantech sector outside of Switzerland.

Vision:
Switzerland will reduce its consumption of resources to environmentally sustainable levels (footprint “one”). Switzerland will become a leading location for business and innovation in the cleantech sector. In doing so, Switzerland will set the pace for the efficient and economic use of resources.
Objective 1: Leading position in cleantech research
By 2020, Switzerland’s knowledge base in the cleantech sector will improve thanks to research activities. In selected cleantech sub-sectors and competencies, Switzerland will hold a world-class position.
Objective 2: Considerable progress in knowledge and technology transfer
By 2020, the general conditions for research, knowledge and technology transfer and education will be in place, leading to greater innovation in the cleantech sector. Swiss companies will be able to effectively use the knowledge gained by higher education institutions as a means of developing their cleantech innovations.
Objective 3: Leading position in cleantech products and services
By 2020, resource-efficient technologies will be increasingly developed, in demand and used for processes and products relating to the environment and energy.
Objective 4: Cleantech stands for Swiss quality
By 2020, Switzerland will become a leading location for the production and export of cleantech products and services. Cleantech will be associated with Swiss quality and “Swissness”.

The materials are taken from Swiss Cleantech Masterplan.

PFor more information, please proceed to: http://www.swiss-cleantech-investments.com/

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Investing Opportunities in Clean Technologies

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2468642330 2f35f3f092 z 300x200 Investing Opportunities in Clean Technologies

Investing Opportunities in Clean Technologies

Sustainable Water Power
In a today’s high-speed technological breakthroughs in Cleantech market, Hydropower is experiencing significant growth rates. Industry analysis forecast a doubling of installed capacity of small hydropower in the next few years. Hydropower projects occur on many scales and in several different Cleantech project types.
Investing for hydropower projects needs to be undertaken with the realization of the long-term nature of the ensuing benefits.

5 Strategic Hydropower Investing Benefits:

1. The long-lasting nature of dams and the ability to extend the operational life of power stations through refurbishment and upgrade.
2. Refurbishment and upgrade after 30-40 years will extend the operational life of a hydropower scheme to more than 80 years.
3. Increasing the generating life of an existing scheme is generally a preferred approach to construction of a new scheme.
4. Wall capacity gains may include water optimization to reduce spill, dam wall height extensions to increase storage capacity, and cloud seeding to increase rainfall.
5. Efficiency gains can be obtained from turbine upgrades and replacement of turbine runners.
Hydropower schemes have the capacity, with appropriate operation and maintenance, to be long-lived generation assets.

For more information, please proceed to: http://www.swiss-cleantech-investments.com/

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Huge Global Potential for the Cleantech Investment Industry

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internet business opportunity 300x248 Huge Global Potential for the Cleantech Investment Industry

The Swiss government made cleantech one of the top priorities of the country’s economic development. Almost one billion Swiss Francs of the Swiss government stimulus package are targeted towards energy efficiency, renewable energy and environment. As a result of such heavy investment, the global market for Cleantech applications in 2020 is predicted to total CHF 3,352 billion. That equates to between 5.5 % and 6% of all global output. Renewable energy and materials efficiency are the segments with the greatest market dynamics at present, whilst the largest market is energy efficiency, with total sales of EUR 950 billion.

Nowadays Cleantech Industry is a theme that covers large global industries that exhibit accelerating demand for innovation and investment. Cleantech industries like Solar – Thermal Power energy, Sustainable water energy, Industrial biotechnology, Sustainable geo-thermal power enjoy inelastic demand, limited competition and long-term price growth. Our Company’s main belief is that the solutions to environmental problems, most pressing energy consumption can only be solved by new technological breakthroughs. As a result, the Cleantech industry represents an attractive and prospective area for private equity investing.

By 2020, Switzerland’s knowledge base in the Cleantech sector will improve thanks to research activities. In selected Cleantech subsectors and competencies, Cleantech Investments Inc will hold a world-class position.
Investment Research Subscription includes:
• The most comprehensive and updated source of information on cleantech investment and innovation. Unlimited access to research database and Cleantech Industry analysis
• Connections with entrepreneurs, investors and businesses worldwide
• Highly efficient research tools on filterable, exportable and investment data
• Online access to subscriber –only research and analysis

For more information, please proceed to: http://www.swiss-cleantech-investments.com/

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Ten Rules For Asset Protection Planning

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finance 1 300x199 Ten Rules For Asset Protection Planning

There’s a gambling saying that goes something like, “If you want to be a winner, you have to walk away from the table a winner.” One time-honored method of reaching this result is to systematically take your chips off the table as you win them, so that your potential for losses stays small.

Asset protection planning is all about taking chips off the table in good times, so that you still can walk away from the table a winner no matter what happens in bad times. Those who worry the most about asset protection are those who are the most likely to get sued; think obstetricians and, more recently, real estate investors here. But average folks often get caught up in difficult situations, and thus if you have something to protect then the topic of asset protection should at least cross your mind.

Technically, asset protection planning is the debtor’s side of creditor-debtor law. While creditors are concerned about the strategies and techniques of collection, debtors are interested in the strategies and techniques for protecting their most valuable assets from potential creditors.

But in this calculation, it is not just about protecting assets but also about making sure that one does not end up in jail for contempt or bankruptcy fraud for engaging in the process.

Keeping in mind the law school adage that “General rules are generally inapplicable”, the following 10 rules should always be kept in mind when you try to take your chips off the table.

1. Start Planning Before A Claim Arises

Many things you can do will effectively provide asset protection before a claim or liability arises, but few things will afterwards. That’s because what you do after a claim rises could be undone by “fraudulent transfer” law. Moreover, the point at which a claim arises is earlier than a layman might think—it is, for example, usually much earlier than when a demand letter or a process server shows up at the door.

2. Late Planning Usually Backfires

Asset protection planning after a claim arises is apt to make matters worse; think of it as getting a flu shot while you have the flu, and the shot itself making you even more woozy. It is a common misconception that the only thing a judge can do is to unwind a fraudulent transfer, leaving a debtor who unsuccessfully tried late planning no worse off than if he had done nothing. To the contrary, both the debtor and whoever assisted in the fraudulent transfer can become liable for the creditor’s attorney fees, and the debtor can lose the hope of getting a discharge in bankruptcy.

3. Asset Protection Planning Is Not A Substitute For Insurance

Asset protection planning should not be a substitute for liability and professional insurance, but rather should supplement insurance. It is a myth that asset protection plans invariably scare away plaintiffs, and an asset protection plan doesn’t pay legal fees to defend against a lawsuit. Insurance also supplements asset protection planning, since it can help a debtor survive a claim a fraudulent transfer claim. If you get sued, let the insurance company pay to defend it and pay to settle it — that’s what you’re paying the premiums for.

4. Personal Assets Are For Trusts; Business Assets Are For Business Entities

Business entities such as corporations, partnerships and LLCs are meant to be vehicles for commercial operations, not to act as personal piggybanks. When personal assets are placed into a business entity, the potential for the entity to be pierced by a creditor on some theory or another, such as alter ego, increases exponentially. The place to put personal assets is in a trust. There is a long and solid body of law that protects trust assets—when the trust is properly drafted and funded. And please don’t name the entity the “Family” Partnership or LLC, unless your family is famous for making sausage or some such.

5. Too Much Control Is A Bad Thing

Asset protection planning attempts to reach a balance between giving the client sufficient control so that the assets do not disappear, but at the same time not so much control that a creditor can successfully argue that the debtor and the asset protection structure are effectively one-and-the-same and thus should be disregarded on alter ego or some similar theory.

For more information, please proceed to

http://www.forbes.com/sites/jayadkisson/2011/07/13/ten-rules-for-asset-protection-planning/

Posted in International Business