Family Offices, Private Trust Companies and Trust Integrity Issues

Family Offices, Private Trust Companies and Trust Integrity Issues
Author: Vincent Ooi
Publisher:
Total Pages:
Release: 2019
Genre:
ISBN:

In recent years, the increasing prevalence of ultra-high net-worth individuals (“UNWIs”) in Asia has placed the actions and choices of this new class of financial elites and their affairs in the spotlight. In this paper, we consider the common structures used in Family Offices and Private Trust Companies (“PTCs”) used by the ultra-wealthy, focusing on the composition of their management. Several family governance issues commonly arise in practice, such as control and management, duties owed by the managers, succession planning, and how to resolve possible conflicts between beneficiaries. These must be evaluated when considering the structures to adopt. In addition, where settlors attempt to retain considerable control over the trusts (for example, through “double hatting”), trust integrity issues may arise, raising risks of trusts being treated as sham or illusory trusts. We propose several solutions to resolve the family governance and trust integrity issues highlighted in this paper, including focusing on the importance of proper administration, succession planning and employing professionals with good trusts experience to assist in management.

Private Trust Companies

Private Trust Companies
Author:
Publisher:
Total Pages: 0
Release: 2023-08-31
Genre:
ISBN: 9781787429611

Private trust companies play an increasingly important role in the wealth structures of many ultra-wealthy families, offering a high degree of control and flexibility in the administration of a family's trusts and the management of trust assets. Featuring chapters written by leading practitioners from firms including Appleby, McDermott, Will & Emery and Squire Patton Boggs, this edition fully explores the legal, regulatory and practical dimensions of forming and operating a private trust company.The relevant law in prime jurisdictions including Bermuda, the Cayman Islands, Hong Kong, Jersey and key US states is thoroughly examined. In addition, content shines a light on organisational and operational issues such as designing a private trust company's ownership structure, implementing proper internal controls, outsourcing services and working with professional advisers. Important matters like coordinating with the family office, communicating with family, protecting privacy and handling disputes involving private trust companies are also tackled.New chapters in this edition cover:Guernsey;Switzerland; andsanctionsKey topics featured include:recent regulatory developments in the Cayman Islands;tax law changes in Hong Kong;legislative developments in Wyoming and other US states;recent cases relevant to private trust companies;discovery disputes involving private trust companies; andrecent developments concerning beneficial ownership disclosure requirements in the United States and Europe.This handbook is a comprehensive resource for lawyers, accountants, family office executives and others who advise families on private trust companies.

Trusts and Private Wealth Management

Trusts and Private Wealth Management
Author: Richard Nolan
Publisher: Cambridge University Press
Total Pages: 343
Release: 2022-12-22
Genre: Law
ISBN: 1009058835

There has been insufficient literature focusing on the world-changing rise of Asian wealth. Private wealth in Asia is very substantial, with 33 per cent of the global population of high-net-worth individuals based in Asia. Yet, there is a dearth of legal analysis of Asian wealth, particularly by texts written in English. This collection aims to fill that gap, with chapters on legal issues in relation to Asian wealth transmission, investments in international real estate, familial disputes, family offices and private trust companies. A substantive section of this book also focuses on the changing legal context with chapters exploring trusts and cryptoassets, constructive trust, trustee's discretion and decision-making, changing regulatory environment and abuse of trust structures. This collection of essays on trusts and wealth management presents a focus on Asian wealth and the changing legal context, and follows the related publication, Trusts and Modern Wealth Management (Cambridge University Press, 2018).

Managing Family Trusts

Managing Family Trusts
Author: Rob Rikoon
Publisher: John Wiley & Sons
Total Pages: 392
Release: 1999-07-12
Genre: Business & Economics
ISBN: 9780471321156

Managing Family Trusts is an uncompromising, nuts-and-bolts guide to the world of family trusts. Written by a seasoned expert with many years of firsthand experience in the field, it describes how financial professionals can help beneficiaries loosen the grip of unresponsive or inefficient trustees, assert their rights as inheritors, and assume greater responsibility for their own financial lives. Managing Family Trusts provides a complete set of tools to all those concerned with the business of building better, more satisfying fiduciary arrangements and presents a rare insider's view of how this world operates and details its unique challenges and rewards.

Trusts and Modern Wealth Management

Trusts and Modern Wealth Management
Author: Richard C. Nolan
Publisher: Cambridge University Press
Total Pages: 609
Release: 2018-05-31
Genre: Business & Economics
ISBN: 1107170494

New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.

Financial Management of Family Businesses

Financial Management of Family Businesses
Author: Thomas Zellweger
Publisher: Springer Nature
Total Pages: 259
Release: 2023-12-27
Genre: Business & Economics
ISBN: 3658422122

Financial management in family businesses is a special challenge. CFOs in particular are often at the crossroads of various interests and roles. However, not least the public reticence of family businesses has so far ensured that there is a lack of knowledge about these interrelationships. A specialist circle of CFOs from large German-speaking family businesses is dedicated at the Center for Family Business at the University of St.Gallen (Switzerland) to discuss these issues . In this book, these experts share their wealth of knowledge and experience with the public for the first time. Along a five-step model, they shed light on key areas of responsibility that go far beyond mere financial management. They discuss issues of transparency and compliance, from performance and strategy to governance - and provide concrete suggestions for everyday business life. Whether manager, owner, or advisory board member, anyone who bears responsibility in a family business can benefit from this bridge between theory and practice.The CFO network fbxperts.ch has also been present internationally since 3 years: in Italy, Spain, France, UK and other locations.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.