Recognition Of Trusts In Switzerland And Ratification Of The Hague Convention On Trusts
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Author | : Jonathan Harris |
Publisher | : Bloomsbury Publishing |
Total Pages | : 578 |
Release | : 2002-05-04 |
Genre | : Law |
ISBN | : 1847310664 |
Trusts cross borders. When they do,real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for “trusts created voluntarily and evidenced in writing.” It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested.
Author | : Andrea Bonomi |
Publisher | : sellier. european law publ. |
Total Pages | : 760 |
Release | : 2009-04-17 |
Genre | : Law |
ISBN | : 3866531141 |
This is a very special volume of the Yearbook of Private International Law as it represents the celebration of the tenth anniversary of its first publication. It continues to provide interesting information on the future evolution in private international law. Contents includes: The New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments of 30 October 2007 . Commercial Agents under European Jurisdiction Rules . Grunkin-Paul and Beyond - A Seminal Case in the Field of International Family Law . The New Rome I / Rome II / Brussels I-Synergy . Rome I and Contracts on Intellectual Property . Rome I and Distribution Contracts . Rome I and Franchise Contracts . Rome I and Financial Market Contracts . Special Section on Maintenance Obligations.
Author | : Lionel Smith |
Publisher | : Cambridge University Press |
Total Pages | : 585 |
Release | : 2013-08-22 |
Genre | : Law |
ISBN | : 1107032431 |
This collection of essays explores the law of trusts as it is understood in civilian and mixed jurisdictions.
Author | : Charles Gothard |
Publisher | : Oxford University Press, USA |
Total Pages | : 609 |
Release | : 2010 |
Genre | : Language Arts & Disciplines |
ISBN | : 019955157X |
The use of international trusts continues to expand, and practitioners increasingly need to be aware of cross-border considerations. This title provides a concise and practical overview of the key aspects of law and practice in all the key jurisdictions offering trusts. Private and commercial trusts are established under the law of an increasing number of jurisdictions, which are competing to attract trust business, and these laws are often dissimilar. As international trusts mature, established trust jurisdictions are changing their laws to comply with the legal demands and standards imposed by international agencies, as well as to meet the legitimate expectations of the institutional investor. The courts of international centers are also developing their own jurisprudence. In addition, jurisdictions new to trusts are introducing trusts in the vehicles which they offer investors, and legislation from these new trust centers is opening up new routes for international investment and tax mitigation. This book provides a comprehensive treatment of the subject, covering all the key on-shore and off-shore jurisdictions that practitioners typically encounter. It offers a very practical overview of the subject using a questionnaire format for each country, avoiding academic material, and giving concise answers to the sorts of frequently asked questions that arise in trust law and practice. The questionnaire covers a full range of subjects such as the mechanics of trusts, issues such as anti-money laundering laws and conflicts of laws, shams, protectors, and forced heirship as well as the different types of trusts used in a jurisdiction. Formerly an annual special issue in the journal Trusts & Trustees, this title has been improved and extended with a reworked questionnaire, new countries and contributors, and a new editor, Charles Gothard.
Author | : Xavier Oberson |
Publisher | : IBFD |
Total Pages | : 457 |
Release | : 2011 |
Genre | : Double taxation |
ISBN | : 9087220987 |
"Switzerland has recently witnessed an unprecedented level of tax treaty negotiations. Although this is a direct result of Switzerland's revised position regarding exchange of information, a number of contracting states have taken this opportunity to modify tax treaty benefits and/or clarify certain aspects of tax treaty interpretation and application. These are considered extensively in this edition. As Switzerland has steadily aligned itself with international principles of international taxation, the self-imposed anti-abuse rules for the application of tax treaties have become less relevant. Nevertheless, Swiss courts have become more creative in determining where there is and where there is not treaty abuse. As a result, the 1962 Abuse Decree is making way for a more complex basket of anti-abuse rules and regulations"--Foreword (page vii).
Author | : Marco Gantenbein |
Publisher | : John Wiley & Sons |
Total Pages | : 354 |
Release | : 2008-03-31 |
Genre | : Business & Economics |
ISBN | : 0470282185 |
Swiss Annuities and Life Insurance examines the key characteristics of Swiss annuities and life insurance, and explains how the use of these products can help you achieve asset protection, growth, and, in some cases, significant tax planning opportunities. Swiss annuities and life insurance are an excellent alternative investment, particularly for high-net-worth individuals. With this expert guidebook, you too will learn how to safely capitalize on these attractive products.
Author | : David Hayton |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 482 |
Release | : 2002-07-19 |
Genre | : Law |
ISBN | : 9041198792 |
Virtually every jurisdiction today is busy developing private international law rules to deal with trusts and similar ring-fenced structures. With the increasing impact of globalisation, business interests throughout the world are intent on maximising the potential of such structures for raising funds, lowering risks, and cutting costs. As a result, numerous complex issues involving the traditional categories of settlor, beneficiary, and fiduciary are being radically transformed. Extending the Boundaries of Trusts and Similar Ring-Fenced Funds offers valuable analyses, by sixteen well-known authorities in the field, of a broad range of trust-related issues. The many important insights in this book reveal the workings of such issues as the following: the disappearing divergence between common law and civil law jurisdictions in the matter of trusts; using the segregated fund concept to manage the risk of insolvency; the demise of the "amateur trustee" in the charitable trust sector; why loss to the fund supersedes particular losses of beneficiaries; the legal dimensions of hiding ownership by "giving" property to trustees; the intervention of public policy in questions of perpetuity; the selective imposition of OECD and FTF transparency initiatives on offshore jurisdictions; and "policing" of trustee behaviour by beneficiaries. Lawyers, bankers, and others dealing with investment and business finance will find much information as well as food for thought in this fascinating book, as will those involved in the traditional trust industry, whether as trustees or lawyers or fund managers. Most of the essays in this outstanding thematic collection were originally prepared for presentation at a conference held in 2001 at King's College London.
Author | : Jeffrey A. Schoenblum |
Publisher | : CCH |
Total Pages | : 2890 |
Release | : 2008 |
Genre | : Business & Economics |
ISBN | : 9780808092285 |
Author | : OECD |
Publisher | : OECD Publishing |
Total Pages | : 107 |
Release | : 2011-06-07 |
Genre | : |
ISBN | : 9264114661 |
This publication reviews the quality of Switzerland's legal and regulatory framework for the exchange of information for tax purposes.
Author | : Dr. Manuel Arroyo |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 2862 |
Release | : 2018-08-06 |
Genre | : Law |
ISBN | : 9041192743 |
Arbitration in Switzerland