TRUST LAW

TRUST: SIMPLE, FLEXIBLE, COST EFFECTIVE AND YET THE MOST POWERFUL TOOL

AVAILABLE TO OWNERS, PROFESSIONALS, EXECUTIVES AND ENTREPRENEURS

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We regularly assist Private and Business Clients in trust law. With more than 10-year experience in the international trust business we know what our Clients care for.

1. FLEXIBILITY

SOLUTIONS TAILORED TO SPECIFIC NEEDS

Bespoke Trusts only | As a Law Firm dedicated to trust law, we are committed to and take pride in providing each Client with a tailored trust structure specifically aimed at satisfying the Client needs and goals, including asset protection, wealth management, ownership confidentiality, succession planning and tax optimization. 

2. GLOBAL REACH

CHOICE OF APPLICABLE LAW AND TRUST DOMICILIATION ALL OVER THE WORLD

Global Trust Services | Legal advice on the trust applicable law – i.e. the law which will govern your interests from the civil standpoint (substantive law) – and on the place of domiciliation of the trust. Through our extensive trust practice and a world net in the trust industry, we are able to meet any needs you may have.

DOMESTIC FOREIGN HYBRID TRUSTS

Domestic Foreign Hybrid Trusts | Whatever your needs are, we plan and implement the proper solution through use of domestic, foreign or hybrid trust structures.

A settlor may set up a trust fund in his own country of residence (domestic trust) when

  • the country is a State or Territorial unit of a State Contracting Party to the Convention on the Law Applicable to Trusts and on their Recognition concluded in the Hague on 1st of July, 1985
  • the country has its own legislation on trust (the United States of America; People’s Republic of China; a number of Arab States of the Persian Gulf; Israel; most of the Caribbean countries; and other jurisdictions around the world)
  • in the country legal system a trust is recognized through judicial decisions (France; Germany; and other jurisdictions)

A settlor may transfer assets to a trust fund located oustside his own country of residence and/or avail of a trustee resident abroad (foreign trust). One or more jurisdictions amongst the trust law countries may be chosen as

  • situs of the assets of the trust
  • place of administration of the trust (it may coincide with the place of residence or business of the trustee)

Each solution brings about different benefits. The choice between a domestic and a foreign trust is to be taken in the light of individual needs. It is possible as well a hybrid trust if such a structure fits the Client’s interests best.

3. OWNERSHIP OPTIMIZATION WITHOUT LOST OF CONTROL

YOUR OWN PRIVATE TRUST COMPANY

Family assets transferred to a trust can be controlled by the settlor, alone or jointly with the family, through a Private Trust Company (PTC).

A PTC is a privately owned corporate trustee acting as a trustee for one or more specific trusts relating to a single family or a group of persons in respect of family assets (family trust).

Ownership and management
Control over the PTC may be exercised through direct or indirect ownership of shares. Usually family members and their trusted advisors serve on the company’s Board of Directors.

Choice of jurisdiction
A PTC can be incorporated under the law of various jurisdictions which are safe, well-regulated and favourable to private wealth.

Regulatory requirements
According to the trust law providing for the PTC and other legislation, as may be relevant. Usual incorporation requirements are: proper documentation at application stage; AML compliance (e.g. appointment of one of company Directors as MLRO); adequate insurance cover. Simple and fast company registration process.

Liability regime
A PTC is a limited liability company (whereas an individual trustee bears unlimited liability).

Authorizations
Where an administrative authorization is mandatory for carrying out professional trusteeship, a PTC is either exempted from license (since it does not provide services to the general public) or subject to simplified formalities for the grant of a restricted license (for providing services to specific settlors).

Private Trust Company summary

CATEGORY


Family Trust
Family Assets
from € 5/7 m

FEATURE


Effective Family Control
over the PTC
over Family Trust

BENEFITS 


Simple Change of Trustees
Administrative Costs Reduction
Liability Limitation 

TRUST | CASES OF USE

ONE TOOL, COUNTLESS CONFIGURATIONS, A WEALTH OF OPPORTUNITIES

Trust law | Trust structures are succesfully and increasingly used to meet private and business needs and goals, including

ASSET PROTECTION 
WEALTH MANAGEMENT & PLANNING 
SUCCESSION PLANNING 

CORPORATE GOVERNANCE 
COMPANY OPERATIONS 
GENERATION HANDOVER 

FAMILY CRISIS MANAGEMENT 
FAMILY OR EXTRA-FAMILIAL RELATIONSHIPS PROTECTION 
VULNERABLE PERSONS SUPPORT 

INSOLVENCY AND BANKRUPTCY PROCEEDINGS 
DEBT RESTRUCTURING 
AGREEMENT WITH CREDITORS 

PERFORMANCE GUARANTY  
FULFILMENT OF OBLIGATIONS 
MAKING TRANSACTIONS SAFE AND SECURE 

INVESTMENT AND PENSION FUNDS
DEBT ISSUANCE PROJECT FINANCE
SECURITIZATION 

360° ADVISORY

TRUST LAWYERS

VALUE FOR MONEY