Trust, Company & Foundation Administration Services

A Private Trust Company, or PTC for short, is a privately owned company incorporated specifically to act as trustee of one or more family trusts.

Like any other company, a PTC is run by its board of directors, who will be charged to make trustee decisions. Whilst run by the board of directors, PTC(and the underlying trusts for which they act as trustee) are usually administered by a professional trustee who is experienced in carrying out trust and corporate administration but with the added benefit of maintaining flexibility and mitigation against loss of control.

The advantages of using Private Trust Companies are as follows:

• Family control
• Ease of changing trusteeship
• Speed of decision making
• Privacy

Jurisdictions

These services are available from the following jurisdictions:

• JERSEY
• SINGAPORE

A Discretionary Trust is one of the most flexible types of trust structure.

In this type of trust, the Trustee has full discretion to decide on the share of the trust capital and income which each beneficiary may receive. As a result, it provides more flexibility than a Fixed Interest Trust and the Trustees can respond to future circumstances as and when they arise. No beneficiary is entitled to any right over the trust property and this can be a main benefit when using this type of trust for estate and succession planning purposes.

In administering a Discretionary Trust, the Trustee should receive guidance from the settlor as to the distribution of capital and income and this is given in the form of a letter of wishes. This letter may be amended from time-to-time or totally revoked but, whilst it provides useful guidance for the Trustee, it is not legally binding and the Trustees retain overall control of the trust assets.

We have extensive experience in discretionary trust services and the expertise of our teams lend well to the use of this type of trust.

Jurisdictions

These services are available from the following jurisdictions:

• JERSEY
• SINGAPORE

A Reserved Powers Trust allows a third party or for example the settlor to the trust (depending on tax advice), to retain certain powers in respect of the trust.

These powers may deal with any aspect of the trust, ranging from how the trust's assets are invested, which beneficiaries to add or exclude from the trust, through to who may benefit from the trust and in what circumstances.

Trusts of this type offer flexibility which appeals to many prospective settlors as some control of the assets may be retained, although in each case care will need to be taken to ensure that the reservation of any particular power or powers does not give rise to any adverse tax consequences. If the third party is the settlor of the trust and no instructions exist as to another third party taking over after their death, the trust can revert to a Discretionary Trust.

Jurisdictions

These services are available from the following jurisdictions:

• JERSEY
• SINGAPORE

We offer clients the opportunity to establish a trust company business in Jersey or Singapore, without the extra hassle or expense needed to equip and maintain its own office and staff.

Managed trust companies, or MTCs as they are commonly known, are trust businesses formed by us on behalf of our clients. The MTC will often take on the name of the parent (client) company and thereby open the company up to new markets under an established name. At the same time, they benefit from our established relationships with the regulating bodies in each of our jurisdictions, our robust approach to offshore governance, and our experience of establishing and managing private trusts.

You might need the services of a managed trust company:

• to establish an offshore presence in Jersey or Singapore
• to extend product offering to a new client base and/or new market without incurring the fixed costs of equipping a fully resourced office or establishing a standalone trust company
• where there is a preference to retain a close link between intermediary and client
• as an intermediary, to ensure your clients are receiving accurate and up to date advice from a team of discreet and experienced trust and company professionals

Jurisdictions

These services are available from the following jurisdictions:

• JERSEY
• SINGAPORE

A foundation can be tailored to the founder’s precise wishes, giving the founder the greatest possible freedom of choice.

This flexibility requires a clear understanding by planners of their client's requirements to design a structure that is robust and allows for efficient administration, consistent with good management and regulatory obligations.

Jersey Foundations

Jersey foundations have a legal and regulatory background of checks and balances, internal and external supervision, freedom under the Foundations (Jersey) Law 2009 backed up by proper regulation and stability. The Jersey Foundation can be operated like a trust but with the advantage of their own legal personality.

The Jersey Foundation is an entity of great flexibility which complements and offers an alternative to trust and companies and has a valuable role to play in its own rights.

Jurisdictions

These services are available from the following jurisdictions:

• JERSEY
• SINGAPORE

We support Family Limited Partnerships (commonly called FLPs).

These are frequently used to move wealth from one generation to another. Partners are either General Partners (GP) or Limited Partners (LP). One or more General Partners are responsible for managing the FLP and its assets.

Jurisdictions

These services are available from the following jurisdictions:

• JERSEY
• SINGAPORE

We can help form a cell company. The purpose of a cell company - whether an ICC or a PCC - is to provide a vehicle which can create cells, separate parts within which assets and liabilities can be segregated.

This concept of 'ring-fencing' is fundamental to cell companies. The key principle is that the assets of a cell should only be available to the creditors and shareholders of that cell. The administrative benefits of a cell company are significant.

Once a cell company structure is in place, repeat transactions can be established in a much reduced timescale. This is particularly attractive in projects such as collective investment funds, where negotiating transaction documents can be a complex and lengthy process, and where a successful initial structure will often lead to a demand for further, similar structures using the same key participants.

Jurisdictions

These services are available from the following jurisdictions:

• JERSEY
• SINGAPORE