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Establish of an Offshore Trusts - How to Create an Offshore Trusts

. Generally offshore trusts are similar in nature and effect to their onshore counterparts; they involve a settlor transferring (or settling) assets (the trust property) on the trustees to manage for the benefit of a person or class or persons (the beneficiaries). However, a number of offshore jurisdictions have modified their laws to make their jurisdictions more attractive to settlors forming offshore structures as trusts. Trusts in general are subject to the rule against perpetuities which, in practical terms, puts limits on the length of time within which all trust property must be distributed. Because of the strictures of the rule, a number of trusts have been struck down in wildly hypothetical circumstances because of possible infringement of the rule (see, e.g. the fertile octogenarian). Most offshore jurisdictions which have sophisticated trust laws have modified their laws relating to perpetuity to allow settlor to select lengthy, fixed, perpetuity periods, to avoid the use of "Royal lives" clauses. Many have also adopted wait and see laws, which mean that trusts which might potentially infringe the rule against perpetuities are no longer automatically invalid, but instead the trust remains valid unless and until the perpetuity period is breached.

Official statistics on trusts are difficult to come by as in most offshore jurisdictions (and in most onshore jurisdictions), trusts are not required to be registered. There is a common perception that offshore trusts are predominantly used by wealthy individuals and families as part of their tax planning. This may be true; however there are also other purposes that offshore trusts are used for. Offshore trusts are also sometimes formed as unit trusts to operate as a mutual fund. Offshore trusts are often used as part of an orphan structure in capital markets or trade finance transactions. Pan-national non-governmental bodies are sometimes established as offshore trusts. br />
Offshore trusts can offer major benefits to many investors and other individuals with substantial capital assets. For example, a carefully established offshore trust can transfer a person's investments to a vehicle which may permit the deferral or minimization of income taxes on investment income without contravening the tax laws of the person's home country. There are other important benefits that may be derived from offshore trusts. Our local trust office will acts as a liaison between yourself and the offshore trustee, and we have experienced professionals located in tax havens and low tax regions. For offshore trustees, the distinction between capital and income is generally only important for tax purposes. Offshore trustees seldom need to balance the conflicting interests of income and capital beneficiaries, as in a trust where income is payable to A for life and capital is then to be distributed to B and C. Offshore trusts tend to be fully discretionary. Similarly, for investment purposes, offshore trustees seldom need to balance income and capital objectives.

Discretionary beneficiaries are normally interested in total return rather than in the balance between income yield and capital growth. However, offshore trustees may face a technical trust law problem. Discretionary trust deeds commonly provide that accumulated income should be added to capital. Strictly applied, this appears to make separation impossible. The clause may simply have been copied from older deeds when tax factors were less relevant. Coddan CPM also offers a host of additional offshore administrative services, including: nominee directors and shareholders, invoicing, re-invoicing, handling of letters of credit and all related commercial documentation. Registration of P. O. Box, telephone and mail forwarding, accounting and bookkeeping services. We are able to offer our clients, both private and corporate, a complete range of banking facilities including corporate accounts, electronically managed accounts (via the internet), high yield savings accounts, and coded accounts. Let us know how we can help.

You can see a description of our packages, and compare them, by choosing from the appropriate list below. If you will see something unclear in packages' description, please do not hesitate to contact us for more information:

This is our most popular package with worldwide customers, and includes: -

The registration your offshore company from scratch using our registered agent & registered office address, and appoint your own candidates to the roles of director, and shareholder;

The standard capital on formation is US$50,000 divided into 50,000 shares valued at no par value or US$1.00 each (it is not required to have all of the shares issued, but a minimum of one share must be issued);

The government and initiation fees for incorporation are included in the price of this package;

The search for Business Company name availability, conformation, and reservation;

The preparation and submission of the memorandum and articles of association of your company;

A local registered office address and a local registered agent (both of which are statutory requirements in the British Virgin Islands) for 12 months are included in the price of this package (our registered agent & office address service are charged annually);

The formation of a limited company usually takes as little as two to five working days from the time that your application and payment are received by Coddan;

To receive an original of the certificate of Incorporation from the companies registrar usually takes as little as two to three days from the time of incorporation.

The following hard bound copy of corporate documents, will be posted to you upon formation of your offshore company: -

The original certificate of incorporation;

A bound copy of the memorandum and articles of association of your company;

The minutes of the first meeting of the board of directors;

A completed register of directors and shareholders;

Share certificates;

Company seal.

BVI Business Company
£ 650.00Annual Maintenance Fee £545.00
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(click here for other packages)
You are now at the following pageCompany Formation Home Page  >>  Offshore Company Incorporation & Offshore Companies Start-Up >>  Asset Protection, Establish an Offshore Trust, Creation, Formation and Benefits of an Offshore Trusts

OFFSHORE TRUST FORMATION & OFFSHORE BANKING: TRUST REGISTRATION, INCORPORATE OFFSHORE FOR ASSET PROTECTION, TAX MINIMISATION, TAX FREE TRADING

Finding and using the appropriate information on this page: Our Experience in Offshore Trust Establishment | Fast Offshore Trusts Formation: Our Services & Packages' Fees | Myth and Reality About Offshore Trust | Types of Offshore Trusts | Popular Locations for Offshore Trusts | Offshore Post-Formation Services | Choosing an Offshore Jurisdiction and Offshore Trust Structure | The Elements of a Typical Trust | The Settlor of a Trust | The Trustee of an Offshore Trust | The Beneficiary of a Trust | The Trust Funds | The Name of the Trust | Belize Offshore Trusts | British Virgin Islands Trusts | Cyprus Trusts | Trust Creation in Gibraltar | Advantages of a Gibraltar Trust | Hong Kong Trusts | Offshore Trusts in the Federation of Saint Kitts and Nevis | Panama Trusts | Establish a Trust in Seychelles | Offshore Trusts in Saint Vincent and the Grenadines | Isle of Man Trust Management | Guernsey Trusts | Jersey Trusts | 

Looking for a quality information & practical guidance regarding how to start your own offshore trust, how to get your tax-free trust set-up and running, how to select the best type of an offshore trust form; and need a trust start-up advice? Need an offshore trust formation agent with the prompt service and expert advice? Are you looking to set-up trust in Anguilla, Belize, or BVI (British Virgin Islands)? Do you want to register your trust in Cyprus, Gibraltar, Guernsey, Jersey, Isle of Man, Mauritius, Nevis, or Panama or Seychelles? Have an idea for a business and want to start an trust now?

On our web-site, you can get information on choosing and registering the right legal offshore structure for your business, legal tips on day-to-day business operations, and much more. If you have an idea for trust establishment offshore, we can assist you and provide a higher standard of support for starting-up a business and registering a trust offshore online directly from the ground up. The better the trust's structure is prepared upon registration, the better the results that will be achieved later. It is our job to assist in evaluating the options available at the beginning. In addition, we offer services regarding the formation of offshore companies and foundations. Register your new inexpensive offshore trust with us, and enjoy the full support of an excellent and fully trained team.

What We Can Do For You

Establish a Trust: What We Can Do For You

 
Coddan is the firm with many years experience in assisting clients with business start-up in the UK (England, Wales, and Scotland), Ireland (Republic of Ireland and Northern Ireland), USA, and as well as with the formation of offshore companies, offering in most circumstances the online offshore company incorporation. Our expert knowledge and extensive experience of setting-up of business and offshore trusts' structures has made us possible to provide the professional, prompt, and efficient service.

Offshore Company FormationOffshore Company RegistrationUK Company Formation

1. Legal agreements, contracts and asset can be held in complete privacy.
2. Position your assets in an offshore trust located in a tax-free jurisdiction and earn higher rates of interest taxation in a tax free environment.
3. Pass your estate to your heirs through your offshore trusts with more favorable tax consequences.
4. Offshore trusts will give you complete protection from litigious such as malpractice claims, product liability, divorce proceeding, foreign judgments and creditors.
5. Own companies, bank accounts, and invest in global markets through your offshore trust while accumulating wealth in a more tax friendly setting.
6. Secure your assets in an offshore Trust and guard against financial emergency in your home country.
7. Trusts are also frequently used to protect members of the family who are below the age of majority, suffer from mental or other disabilities or are thought to be irresponsible and not to be relied upon to look after assets given to them outright.
8. Settlor, trustee, beneficiary owners can be of any nationality.
9. A trust can help to preserve a family fortune by preventing later generations from dissipating it.
10. A successful entrepreneur who has built up a business may well wish to ensure that the business continues through future generations.

Monday - Friday: 9:30am to 18:00pm

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Our team of consultants will be pleased to assist with your enquiries related to establishing and maintaining international trusts, tax-free limited liability companies and partnerships or creating complex offshore corporate legal structures. On our web-site, you will find a number of useful tips and information, downloadable documents, which may help you to learn what to take into consideration when deciding among trusts, offshore private limited liability companies, LLPs, limited partnerships and other structures.

We provide different packages with the different options depending on your business needs; each package offers the complete formation of an offshore trust, which is usually ready to commence trading within couple of days. Our offshore incorporation packages offer the perfect results for those people who are taking the first step into the business or investors whose budget won't stretch to bespoke business solutions, there are no dumbfounds and no hidden charges, - what you see is what you pay! We can also assist clients with the special needs or requirements, we could make a tailor made package that would suit your personal needs and wants. If you choose us as your trust and corporate service provider, you will almost immediately realise that our team of proficient advisors, is your own dedicated support team.

Trust registration documents submitted electronically, which allows us to offer you a timesaving service and eliminate the necessity to complete the paper forms, sign them by your trust' setlor, trustee or beneficiary owner, and certify by a solicitor or notary public.

We are a trust formation and business administration firm offers a comprehensive range of starting business solutions, corporate, legal, and tax advice. Since 1993, we have developed an excellent international reputation for providing the highest quality solutions and advice for our clients.

We provide exactly the same service as most other agents, but apart from the other corporate service providers, we are not a home-based family business with only online presence. Our main office building is located on 124 Baker Street, in the heart of the Central of London,just few minutes walk from the Marylebone Road. Nearest station: Baker Street.

In addition, although most of offshore professionals have conventionally worked on an hourly basis, our main target is selling the amount of high-grade products and first-rate services than high-cost time. Where the scope of the work can be adequately specified, we keenly encourage alternative fixed-fee arrangements, or an applicable percentage (as the simplest example: from the legally tax-reductions).

If you would like a personal face-to-face consultation and dedicated help with your offshore trust start-up, call us on +44 (0) 207.935.5171, or 0800.081.1510 to discuss your requirements and make an appointment with one of our consultants. A consultant will contact you at a pre-arranged appointment time to discuss your individual circumstances, as well as your suggestions in relation to your offshore trust incorporation needs. Our project begins with a short meeting, where our advisors gather the information required to register an offshore company for each client. The result includes personal assistance with the order form submission.

If you have questions about legal aspects of your trust registration application, you should speak to one of our consultants. We are very happy to provide a practical support, we have a team of professional business advisers and consultants who can support you to strengthen and grow your business. We can help if you need a qualified advice and guidance in any of the following areas: -
  • How to select the best offshore trust form;
  • How to start and register your trust in offshore jurisdiction;
  • How to get your offshore trust up and running;
  • Reasons to register a trust, an international business company IBC), a non-profit company, a limited liability partnership (LLP) or limited liability company (LLC);
  • How to establish a subsidiary company or a branch in offshore locations, i.e. Saint Vincent and Grenadines, Mauritius, Isle of Man IOM, etc.;
  • How to manage your already established offshore trust;
  • How to fulfil the legal requirements and avoid penalties and common mistakes, etc.

You will not be left on your own once you have started up a trust, we still are here to help you with any problems that you may face as you establish and grow your offshore trust. Our advisers will answer any questions you may have and explain what you, or we, might do in your current circumstances. If necessary, you may return to us for further help as matters progress. Our team of full-time professional business advisers can guide you through the essential steps to launching your offshore trust. Please, take a note that we can have meetings with current of positional customers by appointment only.

If you do not need to get an advice or guidance how to register offshore trust, you may simply place an order online with automatic e-mail confirmation, status updates, and e-mail notifications of filing status changes. Areas of our practice: -
  • Determination of the best offshore trust structure for tax purposes;
  • Formation of trusts and companies (we can advise upon and assist with establishing of a constructive trust, express trust, fixed trust, hybrid trust, implied trust, incentive trust, living trust, irrevocable trust, private and public trusts, and protective trust, bare trusts, interest in possession trusts, discretionary trusts, accumulation and maintenance trusts, mixed trusts and settlor interested trusts, etc.);
  • Assistance with the opening offshore banking accounts, we are working closely with many offshore banks, such as HSBC, Lloyds, Barclays, Abbey, and Halifax;
  • We can also help with opening UK business bank accounts for your offshore trust or any other offshore business entity;
  • Provision of the offshore registered office addresses and registered agent services;
  • Provision of the nominee trustees;
  • Registering and licensing copyrights, trademarks, design rights and patents;
  • Offshore trusts' management;
  • Bookkeeping and preparation of management accounts;
  • Preparation and filling of statutory accounts.

Our Experience in Offshore Trust Incorporation

Our Experience in Offshore Trust Establishment

 
We can guarantee accurate, confidential, personalised, and reliable services at highly competitive prices; we are a customer-oriented company, we value our consumers and offer comprehensive services to every one of them. We are fully aware of our client's needs and desires and try to make the process of our teamwork as comfortable as possible.

Why Incorporate Offshore?

Simpler business administration - depending on the offshore jurisdiction and the type of business activity to be conducted under the company name to be registered, the operating restrictions, accounting requirements and standards to which the business and its directors must adhere are often far less restrictive offshore than onshore.
Tax saving – the reduction in taxation liability is one of the main benefits associated with investing offshore, opening an offshore bank account or incorporating a company offshore.
Asset protection - by operating a business company offshore, i.e., outside the jurisdiction in which the company operates, it is sometimes possible to position assets away from the reach of any potential litigious action and also to shield business transactions from the eyes’ of the competition.
Properly devised, an offshore strategy can offer many advantages. You can legally decrease your tax burden, protect your assets, enjoy a high level of anonymity, and provide your company with a competitive advantage. The exact benefits available to you and your company will depend greatly on nationality, location, entity type, and a host of other factors; it is for this reason that it is recommended that you seek professional advice before registering your company.
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We can register and establish of an offshore trust within few days, we may help you with the opening of the corporate bank account operated by the UK or an offshore banks. This is exactly what you will get if you choose to incorporate with Coddan. We are the real company, not a dot.co.uk or a bargain-basement internet company, our knowledgebase and practical with thousands of registered companies, offshore trusts, foundations, and partnerships has shown us that many new business owners want the fastest and easiest route to get their new business started.

As you endeavour to manage the growth and overall success of your offshore trust, you will want to have a team of adviser with the focus on providing advice from start-ups to mature business issues to clients throughout the region. Coddan provides clients with continuing business advisory services and has specialists who understand the pressures facing businesses. Experienced business consultants ensure clients get practical and adventitious advice.

Coddan' team supplies a wide variety of hands on business help that is personalised to your requirements and extremely useful. Our services are earmarked to meet the needs of business entrepreneurs, with a solid reputation in delivering bespoke solutions to small and medium-size businesses there is no better team of advisers to have on your side.

Our organisation specialises in the intricate field of offshore private trust's registration, incorporation of an offshore business structures and their management in eighteen low-tax or zero-tax countries. Furthermore, our consultants are competent to advice how to select the best type of trust for setting-up, and register your offshore general trading, shipping or holding company. We may assist to register a property management, intellectual property management, or other assets management trusts. Our local lawyers and accountants are the best in their field, carefully selected for their professional ability, reliability, and integrity. Therefore, there is no need for you to spend hour after hour mastering the main regulating law, scaling bulk of paperwork or trying to recruit people that you can trust - we have already done that for you!

Coddan is a professional company which has been servicing the UK and international community with a diverse range of top quality of offshore corporate and trusts structures incorporation and management services for many years. We incorporate companies, partnerships, joint-venture entities, and offshore foundations. We provide the first-rate business support services (corporate and private offshore bank accounts, business and tax planning, reviewing and updating trust' constitutional documents, preparation minutes of meetings and directors or/and shareholders resolutions, etc.).

We do not hide any fees from our consumers, because price transparency is essential to us. Our service' fees and offshore trusts filings fees are provided to our customers upfront. Our online filing makes the ordering and incorporating processes easy and convenient, Coddan is an industry leader in online offshore trust incorporation and documents processing. With our passion for service and client success, we strive to make Coddan the preferred choice of the offshore trust start-up and new business offshore formation facilities market. We are able to offer a full range of trusts registration services to business starters or existent business owners; we can undertake most types of corporate management related work.

Call us and speak with one of our knowledgeable advisor. There is no cost or obligation, let us help you to start a new offshore trust. We will be pleased to discuss your plans, requirements and suggestions, and to help you understand how the incorporation process works.

Professionals answer our phone lines during business hours, not by an answering machine. We appreciate the value of your time and understand that the real person cannot be replaced by a contemporary technology. This is especially true when it comes to make an important business decision and where interaction and multiple views are essential. When you call to request an appointment with our advisors, the receptionist will ask you series of questions to qualify the appointment. We are continually enhancing our services to better assist our clients and meet their needs.

Guide Regarding Initial Consultations

Guide Regarding Initial Consultations

 
Please take the note, that the initial or further consultation fee for incorporation of an offshore company is not included in the price of our offshore companies formation packages. Coddan is happy to help you find answers to any general question you may have regarding the offshore companies formation. We ask that you send your initial inquiries via e-mail if you have a specific question. However, generally, a large volume of e-mail's or phone calls does impede us from completing work for our existing clients.

You will generally get the most value from our communications if, before e-mailing or calling, you review the information on our website carefully towards answering your question(s). Many of your basic questions can be efficiently answered by searching our website using the search on the left toolbar, and by the LiveChat. After getting your basic questions answered through our website, you will have enough time to ask us more detailed questions, possibly more relevant to your unique situation.

Coddan promptly responds to e-mails regarding the firm's current lead-time and ability to accept new clients. Although we make every attempt to provide free information online to answer all your questions about most common situations, you may have more detailed questions.

Due to our high-volume practice, before contacting us by phone, it is less burdensome on our workload if you e-mail us your question(s). Generally, we will respond to your e-mail questions in a timely manner; however at times, our heavy caseload may delay our response time somewhat. The vast majority of the time, the combination of our free online information and e-mail response will efficiently answer your questions. If the combination of our online resources and e-mail or LiveChat interaction are not efficient towards answering your questions and/or resolving any concerns, and if the cost of the services you are interested will be at least £125.00, then we will setup a time that a Coddan offshore business practitioner will be available for a meeting to quickly resolve your general questions.

If this informational call is less than 10 minutes long, then there is no charge for our time. Thereafter, if your questions have not been resolved, then you may want to arrange an initial consultation with a Coddan offshore business practitioner who can evaluate your unique situation in more detail.

The cost of our initial consultation depends on the category of service you seek. Our services can be grouped into are two general categories, each having its respective consultation costs as follows: -
  • Flat-fee services under £2,000 - £125.00 per hour.
  • Services over £2,000 - £100.00 per hour.

Once we understand the nature of your project and your needs, we will be glad to give you a fixed fee proposal. If a written report is required, there is an additional fee of £125.00 to £250.00.
Request a private consultation now:  Click here to apply for a consultation Click Here to Apply for a Counsultation (please use the form if you are serious about choosing an incorporation plan and being enrolled) 

Fast Offshore Trusts Formation: Our Services & Packages' Fees

 
Our clients from around the world, who have actually done their research about trusts' incorporation and business start-up; require different levels of assistance and formation solutions from us, Coddan offers unique registration packages tailored to our customers needs. Ranging from the Economy formation package, which is perfect for those who simply want a fast offshore trust creation and establihment and are confident enough to do the rest on their own, to the Deluxe business start up package, which includes a host of additional features designed to organise all the administrative formalities and leave you free to concentrate on your core offshore business.

Myth and Reality About Offshore Trusts

Myth and Reality About Offshore Trust

 
Offshore jurisdictions are often associated with large corporations and millionaires, but are in fact extremely well suited for small and medium businesses and individuals. An offshore trust is formed in a foreign location and is therefore subject to the laws and regulations (or jurisdiction) of that location. The myth that offshore locations are completely unregulated and lawless is untrue; an offshore business is a normal business operating in a normal way; and is subject to many of the same types of laws and regulations as in any other location.

Coddan offers a comprehensive range of offshore trusts establishment solutions and a wide range of offshore post-registration services designed to support the efficient running of your business.

Properly devised, an offshore strategy can offer many advantages. You can legally decrease your tax burden, protect your assets, enjoy a high level of anonymity, and provide your company with a competitive advantage. The exact benefits available to you and your trust will depend greatly on nationality, location, entity type, and a host of other factors; it is for this reason that it is recommended that you seek professional advice before registering your trust.

The most widely promoted advantage of forming an offshore entity is the minimisation of one's tax burden. Although tax relief is an attractive advantage, there are many reasons why businesses and individuals choose to form an entity offshore: -

Anonymity

 
There are often sound, legitimate business reasons for an individual wishing to retain a level of anonymity. By carrying out transactions in the name of a private offshore company, the personal details of individuals can be kept off public records. Unfortunately, the anonymity offered by offshore trust structures has also attracted people wishing to conduct illegitimate business. It is for this reason that the offshore industry has become more regulated than it was in the past. These new regulations often require banks and other institutions to examine company structures more closely. These new regulations do not pose a problem for those individuals acting legitimately, and do not hinder public anonymity.

Taxation

 
Using an offshore trust and an appropriate business structure, it is possible for a business to legally and significantly decrease its tax liability and thus increase its profits.

Simplicity

 
Except for a few heavily regulated industries (the banking and investment industries for example) many offshore jurisdictions make it relatively simple to set up and run a trust.

Reporting

Reporting

 
Although this varies depending on the jurisdiction, the amount of information required by the Register in an offshore jurisdiction is generally small. This reduces the amount of time and resources a company needs to invest in the administration of the trust.

Asset Protection

 
Operating within an appropriate trust structure, it is possible to organise assets and transactions in such a way that they are protected from future liability. Moving assets offshore can be a wise commercial decision. This is also an important option for individuals, who can protect their personal or retirement savings from litigation.

Types of Offshore Trusts

 
Trusts are a very useful legal instrument. They serve a number of purposes, with different types of trust being used in a variety of circumstances. Trusts are particularly useful for inheritance planning; some trust types are best suited to inheritance tax mitigation, while others are best used for probate avoidance or other estate planning purposes. It is vital that you choose the right trust type in order to ensure that it is compliant with the law and that your wishes are carried out.

Constructive trust: unlike an express or implied trust, a constructive trust is not created by an agreement between a settlor and the trustee. A constructive trust is imposed by the law as an "equitable remedy". This generally occurs due to some wrongdoing, where the wrongdoer has acquired legal title to some property and cannot in good conscience be allowed to benefit from it. A constructive trust is, essentially, a legal fiction. For example, a court of equity recognizing a plaintiff's request for the equitable remedy of a constructive trust may decide that a constructive trust has been "raised" and simply order the person holding the assets to the person who rightfully should have them. The constructive trustee is not necessarily the person who is guilty of the wrongdoing, and in practice it is often a bank or similar organization.

Express trust: an express trust arises where a settlor deliberately and consciously decides to create a trust, over his or her assets, either now, or upon his or her later death. In these cases this will be achieved by signing a trust instrument, which will either be a will or a trust deed. Almost all trusts dealt with in the trust industry are of this type. They contrast with resulting and constructive trusts. The intention of the parties to create the trust must be shown clearly by their language or conduct. For an express trust to exist there must be certainty to the objects of the trust and the trust property. In the USA Statute of Frauds provisions require express trusts to be evidenced in writing if the trust property is above a certain value, or is real estate.

Fixed trust: in a fixed trust, the entitlement of the beneficiaries is fixed by the settlor. The trustee has little or no discretion. Common examples are: -
  • A trust for a minor ("to x if she attains 21");
  • A life interest ("to pay the income to x for her lifetime"); and
  • A remainder ("to pay the capital to y after the death of x").

Hybrid trust: a hybrid trust combines elements of both fixed and discretionary trusts. In a hybrid trust, the trustee must pay a certain amount of the trust property to each beneficiary fixed by the settlor. But the trustee has discretion as to how any remaining trust property, once these fixed amounts have been paid out, is to be paid to the beneficiaries.

Implied trust: an implied trust, as distinct from an express trust, is created where some of the legal requirements for an express trust are not met, but an intention on behalf of the parties to create a trust can be presumed to exist. A resulting trust may be deemed to be present where a trust instrument is not properly drafted and a portion of the equitable title has not been provided for. In such a case, the law may raise a resulting trust for the benefit of the grantor (the creator of the trust). In other words, the grantor may be deemed to be a beneficiary of the portion of the equitable title that was not properly provided for in the trust document.

Incentive trust: a trust that uses distributions from income or principal as an incentive to encourage or discourage certain behaviors on the part of the beneficiary. The term "incentive trust" is sometimes used to distinguish trusts that provide fixed conditions for access to trust funds from discretionary trusts that leave such decisions up to the trustee.

Irrevocable trust: in contrast to a revocable trust, an irrevocable trust is one in which the terms of the trust cannot be amended or revised until the terms or purposes of the trust have been completed. Although in rare cases, a court may change the terms of the trust due to unexpected changes in circumstances that make the trust uneconomical or unwieldy to administer, under normal circumstances an irrevocable trust cannot be changed by the trustee or the beneficiaries of the trust.

Private and public trusts: a private trust has one or more particular individuals as its beneficiary. By contrast, a public trust (also called a charitable trust) has some charitable end as its beneficiary. In order to qualify as a charitable trust, the trust must have as its object certain purposes such as alleviating poverty, providing education, carrying out some religious purpose, etc. The permissible objects are generally set out in legislation, but objects not explicitly set out may also be an object of a charitable trust, by analogy. Charitable trusts are entitled to special treatment under the law of trusts and also the law of taxation.

Protective trust: here the terminology is different between the UK and the USA: In the UK, a protective trust is a life interest which terminates on the happening of a specified event such as the bankruptcy of the beneficiary or any attempt by him to dispose of his interest. They have become comparatively rare.

Purpose trust: or, more accurately, non-charitable purpose trust (all charitable trusts are purpose trusts). Generally, the law does not permit non-charitable purpose trusts outside of certain anomalous exceptions which arose under the eighteenth century common law (and, arguable, quistclose trusts). Certain jurisdictions (principally, offshore jurisdictions) have enacted legislation validating non-charitable purpose trusts generally.

Resulting trust: a resulting trust is a form of implied trust which occurs where (1) a trust fails, wholly or in part, as a result of which the settlor becomes entitled to the assets; or (2) a voluntary payment is made by A to B in circumstances which do not suggest gifting. B becomes the resulting trustee of A's payment.

Revocable trust: a trust of this kind can be amended, altered or revoked by its settlor at any time, provided the settlor is not mentally incapacitated. Revocable trusts are becoming increasingly common in the United States as a substitute for a will to minimize administrative costs associated with probate and to provide centralized administration of a person's final affairs after death.

Secret trust: a post mortem trust constituted externally from a will but imposing obligations as a trustee on one, or more, legatees of a will.

Standby trust: the trust is empty at creation during life and the will transfers the property into the trust at death. This is a statutory trust.

Testamentary trust or will trust: a trust created in an individual's will is called a testamentary trust. Because a will can become effective only upon death, a testamentary trust is generally created at or following the date of the settlor's death.

Unit trust: a unit trust is a trust where the beneficiaries (called unit holders) each possess a certain share (called units) and can direct the trustee to pay money to them out of the trust property according to the number of units they possess. A unit trust is a vehicle for collective investment, rather than disposition, as the person who gives the property to the trustee is also the beneficiary.

The plethora of international laws and business strategies makes choosing a jurisdiction and trust structure an extremely complex decision. If you are unsure of the best course of action for your business, Coddan can advise you on the best location and type of offshore trust entity, and can tailor a solution to your needs. If you wish to retain Coddan in a professional capacity, you can apply for an initial consultation appointment by following the link below.
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Popular Locations for Offshore Trusts

 
The location of your trust formation can be as important as the type of company you choose to form. Different offshore jurisdictions tend to specialise in different types of offshore trusts, and some offshore centres actively target certain types of business by offering attractive incentives. Coddan can register a trust for you in many different locations, including: -

Offshore Post-Formation Services

 
Trusts require ongoing maintenance and must meet certain local reporting and statutory requirements, although these are generally less rigorous for offshore trusts, they still exist. There are additional difficulties for those who do not have a relationship with an offshore jurisdiction and are uninitiated to the law and practicalities of an offshore location.

In addition to providing offshore trust formations online, Coddan offers a host of services designed to support your business offshore. This comprehensive list of services includes: -

Choosing an Offshore Jurisdiction and Offshore Company Structure

Choosing an Offshore Jurisdiction and Offshore Trust Structure

 
There are many variables which need to be considered in order to choose the best offshore solution. Broadly speaking, there are two obvious variables: location and type of a trust. These variables are, however, more interconnected than one might first suppose. Each offshore trust' location has its own law which regulates both the type of business entities which may be formed within the jurisdiction, and the specific structure and commitments of such entities.

In order to make the best choice, you must first clearly define the type of offshore business you conduct now, and may wish to conduct in the future, and your objectives for going offshore: different offshore structures work better for certain types of offshore trusts than others and the best structure and jurisdiction is contingent upon what you hope to achieve.

The eventual value of having an offshore trust will depend on the overall structure, and on the particular country or countries in which the owner resides. To optimise your results, it is generally preferable for the offshore trust to not be a controlled subsidiary of the main company; and it will normally be even better if the main setlor are not resident in the same country as the main company.

The offshore geographical location is also important. It may, in certain situations, be more important than the type of business entity you form. By forming an offshore trust entity you will also be forming a relationship with a place; sometime you may be required to visit there to open a bank account, and to conduct meetings. It is therefore important to consider whether it will be expensive to travel there, whether you would enjoy visiting or vacationing there, whether you will be able to communicate with the local community, whether there is sufficient infrastructure present to support your operation.

The Elements of a Typical Trust


The trust deed or settlement: this agreement may be drawn up in a wide variety of ways and still constitute a valid trust. Obviously the trust deed should reflect the wishes and requirements of the settlor, but should contain at least the following five elements: -
  • A brief description of the settlor(s);
  • A definition of who is to act as trustee and how the Trustee may retire or be replaced;
  • A definition of the powers given to the trustee and any restrictions on his power;
  • A description of the assets of the trust fund, how assets may be added to the trust fund and how the assets are to be managed;
  • A definition of whom is to benefit from the trust.

The Settlor of a Trust


The settlor is the person or persons who give their assets to the trustee and thereby transfers the legal ownership of those assets to the trustee. It is this transfer of ownership that provides the trust with many of its legal benefits. The settlor will insure that the trust deed defines or recommends to the trustees how the benefits of the Trust should be distributed. (Terminology note: in the USA settlors may also be referred to as grantors in certain contexts.)

The Trustee of an Offshore Trust


The trustee is the person or corporate entity into whose ownership the assets of the trust have been transferred. The trustee has a duty to insure that the wishes of the settlor as stated in the trust deed (and perhaps subsequently expanded upon in a letter of wishes or by verbal instruction) are carried out and to administer the assets of the trust fund in the interests of all of the beneficiaries. As noted above, the trust deed should provide for the removal, replacement or resignation of a trustee.

The Beneficiary of a Trust


The beneficiary is the person, persons or other legal entities who will ultimately benefit under the trust deed. They may be specifically named by the settlor and their benefits specifically set out. Alternatively a class of persons may be nominated (e.g. grandchildren) from which the trustee is to choose to who shall benefit and to what extent.

Normally the trustee is guided in this choice by guidelines given to him by the settlor (see letter of wishes). Obviously a charity may be one beneficiary, or the sole beneficiary of a trust.

Almost any identifiable 'class' can be made a beneficiary of a trust, and almost any legal and possible condition can be placed on the distribution of the assets by the trustee. The settlor may be a beneficiary of the trust, but he should not be the only beneficiary, as this will normally invalidate the trust.

The beneficiaries of a trust have legally enforceable rights and can seek a legal judgement compelling the tustee to act in accordance with the terms of the trust deed.

The Trust Funds


The trust fund consists of the assets of the trust. Obviously when a trust is in the process of being established it may be reviewed by a variety of the settlor's advisors for legal and other reasons. The nature and location of the reviews will be related to the purpose of the trust. They will usually include at minimum a legal review in the jurisdiction of the governing law, to insure compliance with the relevant law, and some review to consider the tax ramifications of the tax for both the settlor and the beneficiaries.

While these reviews are necessary in many cases and certainly prudent, not all final details of the trust need be provided to allow the appropriate review. In particular, we recommend to our clients that they establish a trust with an initial nominal trust fund of US$ 100.00. This is certainly a sufficient amount to establish the trust. Once the trust has been reviewed to the satisfaction of the settlor and accepted by the trustee there should be no reason for third parties to see the trust deed again. At that point the settlor may avail himself of the clause permitting additions to the trust fund, and add whatever additional assets he desires to complete the trust fund. In fact, additional assets may typically be added to the trust fund at any time by the settlor, subject only to the approval of the trustee, which is very unlikely to be withheld.

The Name of the Trust


Although it is not legally necessary to name a trust, in practice the associated parties must refer it to in some way. Certainly in the likely event that the trust at some point requires a bank account, a securities account or the like, that account must have some name.

To answer this requirement, most trust deeds include a name for the trust. The initial reaction of many settlors is to name the trust after their family. Obviously this is acceptable, and perhaps even normal. Moreover, it may be somehow comforting to have the trust so named, especially in those cases of a settlor who is less familiar with the principles of equity and Common Law.

However, we strongly suggest that such names be avoided. If confidentiality is desirable, a name should be chosen which is unrelated to the identity of the settlor or the beneficiaries. This is especially true if the name of the trust is likely to become known in any way. For this reason, we suggest names such as the "Palm Trust", the "Island Settlement" or similar. Some clients even prefer an approach which is intentionally designed to divert intention from the settlor and beneficiaries. For example a Mr. Robert Jones establishing a new trust as the settlor might choose a name such as the "Jones Trust" or the "Jones Family Settlement".

The name of the trust is simply that of course - a name - and is in law unrelated to the settlor or beneficiaries. Any name may be chosen; it is simply for convenience of reference.

Belize Offshore Trusts

Belize Offshore Trusts

 
The legislation relating to trusts in Belize was designed to provide for modern and flexible asset protection. A Belize trust can be an effective defence against claims from creditors in another jurisdiction, and against foreign court orders originating from divorce or bankruptcy proceedings.

Trusts may be created in Belize by oral declaration, an instrument in writing (including a will or codicil), conduct, operation of law, or by any other manner. Unit trusts, however, may only be created by a unit of writing. Trusts, other than a constructive trust, over land situated in Belize also need to be evidenced in writing for it to be enforceable.

Registration of a trust in Belize is optional. If registration is desired, an application to the Register and the payment of the relevant fee must be made. Once a trust is registered, the only way that information of the trust may be viewed by any third party is with the express written consent of the trustee.

Under Belize law, trusts have a maximum duration of 120 years from the date of creation.
Trust Creation in Belize: If you like to register a trust in Belize, please submit your inquiry by e-mail to info@ukincorp.co.uk, with the subject: "Establish a Trust in Belize" or by post: Attn: Coddan CPM LTD, Corporate Division, 124 Baker Street, London, W1U 6TY, or by fax: + 44 (0) 207.681.3318. Upon receiving the information, you will be contacted by one of the business consultant to discuss your needs.

British Virgin Islands Trusts

British Virgin Islands Trusts


The trust law of the British Virgin Islands is based on English trust law. The Trustee Amendment Act 1993 (the "Amendment Act") updated the original British Virgin Islands Trustee Act (itself largely based on the English Trustee Act 1925). The Amendment Act introduced a fixed perpetuity period not exceeding 100 years, and has modern 'wait-and-see' provisions to deal with interests that might vest outside the perpetuity period. The Amendment Act also introduced purpose trusts.

BVI trusts are exempt from registration under the Registration and Records Act, and trustees are exempt from any need to file annual returns and from any other reporting requirements.

The majority of BVI trusts are exempt from all taxes provided there are no beneficiaries resident in the BVI and that the trust does not conduct any business in the BVI or own any land in the jurisdiction. The Amendment Act provided for the appointment of a 'protector of trust', effectively a supervisor of the trustee(s), and also managing and custodian trustees. With effect from 1 March 2004, three new pieces of Trust Legislation came into force in the BVI: -
  • The Virgin Islands Special Trusts Act (VISTA);
  • The Trustee (Amendment) Act; and
  • The Property (Miscellaneous Provisions) Act.

The Vista Act allows trustees of VISTA trusts which hold a shareholding in a BVI international business company to disengage the trustee from management responsibilities. The use of trusts to cater for the succession of shares in companies has historically been impeded by the 'prudent man of business' rule of English trust law which is designed to help preserve the value of trust investments. The new legislation leaves the responsibility for managing the company to the directors of the company.

The new Act applies only where there is an enabling provision in the trust instrument. Where the new Act applies, designated shares will be held on "trust to retain" and the trustee's duty to retain the shares as part of the trust fund will have precedence over any duty to preserve or enhance their value. It is also possible to amend existing trusts to allow the provisions of the VISTA Act to apply to them.

The Act is confined to shares in BVI business companies and Companies Act companies; and the trustee of a VISTA trust must be a company which holds a licence to undertake trust business under the Banks and Trust Companies Act, 1990.

The Trustee (Amendment) Act makes a number of amendments to the BVI Trust law. These include: new regulations improving the BVI's purpose trusts regime and some amendments in relation to conflicts of laws provisions, including robust, comprehensive and carefully crafted provisions protecting BVI trusts (and dispositions to their trustees) against "forced heirship" claims.

The Property (Miscellaneous Provisions) Act provides that deeds executed by individuals no longer need to be sealed. In July, 2005, the BVI said it would amend its trusts legislation so that special trust vehicles can hold shares in private trust companies (PTCs), thus broadening the appeal of the vehicles.

The Virgin Islands Special Trusts Act (VISTA), which came into effect in March 2004, allowed trustees of VISTA trusts which hold a shareholding in a BVI international business company to disengage the trustee from management responsibilities. The British Virgin Islands has had new laws on private trust companies from January 1, 2007.

According to Robert Mathavious, Managing Director and Chief Executive Officer of the BVI Financial Services Commission, speaking in November 2006, the legislation has been introduced by amending the Financial Services Commission Act and issuing a new Regulatory Code under that Act which enables certain categories of companies to apply, on a fast-track basis, for exemptions from the licensing requirements and other provisions of the BVI's Banks and Trust Companies Act.

The changes were applauded by the Society of Trust and Estate Practitioners (STEP), which has said that the introduction of the measures would make the BVI a highly attractive jurisdiction to use for the incorporation of private trust companies.

Deputy Chairman of STEP-BVI, Christopher Mckenzie observed that that the element of certainty that would be created by the new measures would attract those who are seeking a reputable jurisdiction in which to set up these sorts of structures.

The FSC announced in July 2007 that it expected regulations enabling the establishment of private trust companies to come into force during the course of coming month. The order made by the Executive Council anticipated this by setting the fees that will be payable by private trust companies.
Trust Creation in the BVI: If you like to register a trust in British Virgin Islands, please submit your inquiry by e-mail to info@ukincorp.co.uk, with the subject: " Establish a Trust in British Virgin Islands" or by post: Attn: Coddan CPM LTD, Corporate Division, 124 Baker Street, London, W1U 6TY, or by fax: + 44 (0) 207.681.3318. Upon receiving the information, you will be contacted by one of the business consultant to discuss your needs.

Cyprus Trusts

Cyprus Trusts


There are three types of trust available in Cyprus: local trusts, offshore trusts, and international trusts. Of these three types of trust, the international is of most interest and has the following characteristics: -
  • The settlor must be a non-resident of Cyprus;
  • The beneficiaries must be non-resident (except if they are a local charity);
  • One of the trustees must be Cypriot (individual or corporate);
  • The trust period may be up to 100 years (longer for charitable trusts);
  • Confidentiality is protected in the law, and foreign judgements are specifically non-recognised;
  • There is no registration requirement;
  • Trust documents can be in English;
  • Trust assets may not include immovable property in Cyprus;
  • Creditors have to prove intent and must claim within two years;
  • Generally, the income and assets of international trusts are not taxable in Cyprus.

Trust Creation in the Cyprus: If you like to register a trust in Republic of Cyprus, please submit your inquiry by e-mail to info@ukincorp.co.uk, with the subject: "Establish a Trust in Northern Cyprus" or by post: Attn: Coddan CPM LTD, Corporate Division, 124 Baker Street, London, W1U 6TY, or by fax: + 44 (0) 207.681.3318. Upon receiving the information, you will be contacted by one of the business consultant to discuss your needs.

Trust Creation in Gibraltar

Trust Creation in Gibraltar


A trust is a vehicle used in an individual's financial planning whereby the person setting up the trust (the 'settlor') transfers the legal title of any interest he might have in any property to named Trustees. The trust is created in the form of a legal document called the trust deed. The Trustees are required to hold the property in accordance with any obligations imposed by the terms of the deed, and in particular to administer the property for the benefit of such persons (the 'beneficiaries') as are named in the trust deed.

A beneficiary has recourse in law to compel the trustees to act in accordance with the terms set out in the trust deed.

Discretionary trusts: it is common for trustees to be given wide discretionary powers so as to take account of changing circumstances.

Letter of wishes: a settlor will normally provide the trustees with an informal and confidential letter of wishes which will provide guidance as to how the trustees might exercise their discretion. The letter of wishes does not form part of the trust, and can therefore be amended or added to at any time.

Protector: a protector is a person appointed under the trust deed whom the trustees can consult when administering the trust, and in particular cases from whom the trustees must seek consent before carrying out certain transactions. The role of protector is one of some responsibility and therefore he is usually a person in whom the settlor has complete confidence. However, the appointment of a protector is optional and not common in Gibraltar.

Trusts in Gibraltar: being a common law jurisdiction, the concept of trusts is recognised and given full legal effect in Gibraltar. The provisions of the Gibraltar Trustee Ordinance are based almost exclusively on the trustee laws of the United Kingdom.

Reasons for setting up trusts: the most common reasons for setting up a trust are as follows: -
  • Protection of assets - by severing ownership, a trust can avoid assets being repatriated or being made accessible to subsequent creditors.
  • Avoid or defer taxation - usually inheritance taxes and wealth taxes. Trusts are also used to avoid assets accompanying individuals to new tax domiciles.
  • To ensure property passes in succession - a trust can name the order of devolution of the trust property over the life of the trust.
  • To hold property that cannot be held personally - for example by infants.
  • To prevent family property passing to those who might dissipate it - a trust can enable such persons to benefit from the property but only under the trustees control.

Advantages of a Gibraltar Trust


There are many advantages to setting up a trust in Gibraltar, the main ones being: -
  • Confidentiality - except for asset protection trusts there are no filing requirements and no information needs to be disclosed to any authority as long as no liability to Gibraltar tax arises.
  • Tax benefits - as long as the trust is established by a non-resident, has no Gibraltar resident beneficiaries and derives no income locally (other than bank interest), no tax will be charged on the trust's income.
  • Residence of trustees - trustees of Gibraltar trusts can be resident in Gibraltar without affecting the tax status of the trust.
  • Perpetuity and accumulation periods - under Gibraltar law, both the perpetuity and accumulation periods of a Gibraltar trust are 100 years.

Trust Creation in the Gibraltar: If you like to register a trust in Gibraltar, please submit your inquiry by e-mail to info@ukincorp.co.uk, with the subject: " Establish a Trust in Gibraltar" or by post: Attn: Coddan CPM LTD, Corporate Division, 124 Baker Street, London, W1U 6TY, or by fax: + 44 (0) 207.681.3318. Upon receiving the information, you will be contacted by one of the business consultant to discuss your needs.

Hong Kong Trusts

Hong Kong Trusts


Trust law in Hong Kong is virtually identical to English trust law and is contained in the provisions of the Trustee Ordinance (an Ordinance which is modelled on the English Trustee Act 1925).

Both fixed and discretionary trusts may be settled in Hong Kong. Documents do not have to be registered and there are no statutory requirements in Hong Kong for a trust to make annual returns, submit audited financial statements, etc., unless it is carrying on business in Hong Kong.

Unlike most offshore jurisdictions Hong Kong has not tampered with trust laws in order to make the jurisdiction a more attractive jurisdiction in which to create a settlement. Hong Kong will therefore not normally be a suitable location for an asset protection trust.
Trust Creation in the Hong Kong: If you like to register a trust in Hong Kong, please submit your inquiry by e-mail to info@ukincorp.co.uk, with the subject: "Establish a Trust in Hong Kong" or by post: Attn: Coddan CPM LTD, Corporate Division, 124 Baker Street, London, W1U 6TY, or by fax: + 44 (0) 207.681.3318. Upon receiving the information, you will be contacted by one of the business consultant to discuss your needs.

Trusts in the Federation of Saint Kitts and Nevis

Offshore Trusts in the Federation of Saint Kitts and Nevis

 
The law governing trusts in the Federation of Saint Kitts and Nevis, modelled closely on the English trust act, contains modern asset protection provisions: the settlor is legally shielded from forced heir-ship, compulsory division of matrimonial property, and creditor suits. Trusts and their beneficiaries can apply for tax exempt status if its transactions are confined to non-residents of the Federation of Saint Kitts and Nevis.

The tax exempt status of the trust is not compromised by any of the following: the owning or leasing of commercial or residential property for the use of the trust or of its beneficiaries, the holding of meetings, the operation of local bank accounts, the employment of residents, or the use of local goods and services.

The following restrictions and requirements apply to trusts in the Federation of Saint Kitts and Nevis: -
  • Trusts may have a protector (in the cases of unit, spendthrift, and chartable trusts, however, the protector must be professionally qualified);
  • Both the settlor and the trustees can be beneficiaries of the trust;
  • Trusts must maintain a registered office address within the Federation;
  • There must be a minimum of two trustees; a sole trustee trust is permitted if the trustee is a corporation;
  • At least one trustee must be a resident of the Federation of Saint Kitts and Nevis, or conduct business from an office within the Federation;
  • Trust do not need to be audited;
  • An annual statement must be filed by the trust, but this need not include any financial information;
  • Non-chartable trusts are restricted to a maximum one hundred year duration.

Coddan can register a trust in the Federation of Saint Kitts and Nevis from as little as £1,100. We also offer a package which consists of both a trust and limited liability company, which are often used in combination as a more effective asset protection and tax minimisation structure, and which includes a nominee trustee and a nominee director; the cost of this package is £2,400.

Our standard service can be upgraded with the addition of many complementary services, including: nominee officer services, commercial and investment banking introductions, management services, registration of shipping vessels, administrative services, domain name registration, additional sets of corporate documents, book keeping and accounting services, notarisation and apostille services.
Trust Creation in the Federation of Saint Kitts and Nevis: If you like to register a trust in the Federation of Saint Kitts and Nevis, please submit your inquiry by e-mail to info@ukincorp.co.uk, with the subject: "Establish a Trust in the Federation of Saint Kitts and Nevis" or by post: Attn: Coddan CPM LTD, Corporate Division, 124 Baker Street, London, W1U 6TY, or by fax: + 44 (0) 207.681.3318. Upon receiving the information, you will be contacted by one of the business consultant to discuss your needs.

Trusts in Panama

Panama Trusts


Panamanian trust law was updated with Law No 1 of 1984. Panamanian trusts (Fideicomiso) must be expressed in writing, so cannot be constructive. Trusts can be stated to be revocable but otherwise are irrevocable. The settlor, trustees and beneficiaries need not be Panamanian nationals or resident in Panama. A Panamanian lawyer must act as an agent for the trust. Trusts may be settled in respect of existing or future property; additional property may be included after the settlement either by the settlor or a third party.

There is no registration or minimum capital requirements, or fees, and trust documents can be in English or Spanish. Unlike foundations, trusts are not protected by specific provisions against foreign inheritance laws, judgements or creditors. However, purpose trusts are allowed for.

If a trust earns a taxable income in Panama, then tax is levied directly on the trust and not on the trustee.

The National Banking Commission of Panama regulates the transactions of entities acting as trustees; see Offshore Business Sectors for further details. The Banking Commission does not have the authority to investigate the terms of particular trusts or the relevant parties, except where complaints are raised by beneficiaries.

At the end of 2000, Panama enacted two laws addressing money laundering and issued Executive Decrees to effect accompanying administrative changes. As a result of these new laws, all financial institutions in Panama now come under the scrutiny of the bank superintendence, including trusts, whereas previously only banks were legally bound to report financial transactions over US$ 10,000 and other suspicious activities.
Trust Establishment in the Republic of Panama: If you like to create a trust in the Republic of Panama, please submit your inquiry by e-mail to info@ukincorp.co.uk, with the subject: "Create a Trust in the Republic of Panama" or by post: Attn: Coddan CPM LTD, Corporate Division, 124 Baker Street, London, W1U 6TY, or by fax: + 44 (0) 207.681.3318. Upon receiving the information, you will be contacted by one of the business consultant to discuss your needs.

Trusts in Seychelles

Establish a Trust in Seychelles


The International Trusts Act 1994 established, for the first time, a regime for international trusts in the Seychelles; it does not provide for domestic trusts. The Act was drafted after a thorough study of current practice in a number of leading offshore jurisdictions. Under the Act, the Seychelles International Business Authority (SIBA) is appointed as the regulatory body for trusts, alongside the Court.

The following are some of the key features of the Seychelles Trust regime: -
  • An international trust may be created in writing, by will or by oral declaration;
  • Deemed trusts are admitted, as are those resulting from a decision of the Court;
  • Purpose trusts are permitted
  • The settlor must reside outside the Seychelles for the duration of the trust;
  • At least one trustee must reside in the jurisdiction, but this trustee may be an international business company, which shall not thus be deemed as resident;
  • An international business company may therefore be a settler;
  • The trust property may not include any Seychelles movable or immovable property.

The names of settlors and beneficiaries are confidential under the Act, unless a Court orders disclosure under the Anti-money Laundering Act. The standard perpetuity period is 100 years; but it does not apply to purpose trusts. The accumulation of income is permitted. Forced heir-ship judgements are specifically excluded. An international trust is exempt from tax in the Seychelles. Registration of trusts must be carried out by one of the two licensed trustees currently operating in the Seychelles.

Salient features include: -
  • The transfer or disposition by a person creating an international trust cannot be invalidated by any foreign rule of forced heirship;
  • No restrictions on the accumulation of income;
  • Settlors or trustees themselves can be named as beneficiaries under the trust;
  • The law governing an international trust is the law chosen by the settlor to be the proper law;
  • No requirement to mention the names of the settlor and beneficiary, unless the latter is a Seychellois;
  • An international trust is valid and enforceable in Seychelles;
  • Disclosure of information or documents relating to an international trust can only be effected in extenuating circumstances involving criminal activity.

Trust Establishment in the Republic of Seychelles: If you like to create a trust in the Republic of Seychelles, please submit your inquiry by e-mail to info@ukincorp.co.uk, with the subject: "Create a Trust in the Republic of Seychelles" or by post: Attn: Coddan CPM LTD, Corporate Division, 124 Baker Street, London, W1U 6TY, or by fax: + 44 (0) 207.681.3318. Upon receiving the information, you will be contacted by one of the business consultant to discuss your needs.

Trusts in Saint Vincent and the Grenadines

Offshore Trusts in Saint Vincent and the Grenadines


Trusts are constituted under the International Trusts Act 1996, as amended by the International Trust Amendments Act 2002. Trust deeds are registered in a confidential government Trust Registry, whereupon an official Certificate of Registration is issued to the settler/granter. Key features of the current trusts regime are as follows: -
  • A duly registered trust will not be rendered unenforceable because it was invalid under the laws of the settlor and grantor's domicile or residence. Thus, forced heir-ship law and community property regimes can be avoided.
  • The traditional rule against perpetuities and the rule against accumulations are modified and clarified in the current legislation.
  • Purpose trusts, which are created for a specific purpose but without named beneficiaries, are allowed and statutorily prescribed.
  • The role and duties of protectors are specifically set out and clarified to account for recent case law.
  • Choice-of-law and conflicts-of-laws issues are anticipated and resolved in favor of the provisions of the International Trust Act.
  • A foreign (non-Vincentian) judgement against a registered International Trust (or its settler or beneficiaries) is not enforceable in Saint Vincent if the judgement was based on law inconsistent with the International Trust Act, 1996.
  • Actions against registered international trusts must be commenced within two years from date of creation of the trust.
  • A complaining creditor may satisfy his claim against the property of a registered international trust only if that creditor can show both that the settler/grantor's principal interest in creating the trust was to defraud him, that the disposition of property to the trust rendered the settler/granter insolvent.
  • Traditional fraudulent conveyance laws (Statute of Elizabeth) are not applicable to registered international trusts.
  • The bankruptcy or insolvency of the settler/granter under the laws of his residence or domicile will not affect a registered international trust.
  • An international trust may own one or more Saint Vincent international business companies.
  • Registered trustees fall within the definition of "financial institutions" of the Proceeds of Crime Money Laundering Prevention Act 2001 and are thereby subject to its anti money laundering requirements.

Trust Establishment in Saint Vincent and the Grenadines: If you like to create a trust in Saint Vincent and the Grenadines, please submit your inquiry by e-mail to info@ukincorp.co.uk, with the subject: "Create a Trust in Saint Vincent and the Grenadines" or by post: Attn: Coddan CPM LTD, Corporate Division, 124 Baker Street, London, W1U 6TY, or by fax: + 44 (0) 207.681.3318. Upon receiving the information, you will be contacted by one of the business consultant to discuss your needs.

Isle of Man Trust Management

Isle of Man Trust Management


Trust management, particularly for wealthy UK individuals, has been a traditional business for the Isle of Man. Successive tightenings of UK anti-avoidance legislation have reduced the possibilities for UK citizens, but trust work continues to be significant; many Collective Investment Funds are of course based on Trusts. The recent introduction of the purpose trust will probably lead to an increase in corporate trust work.

The Isle of Man has a well-developed legal and financial infrastructure for trust management. With a large established base of trusts, and a growing reliance on corporate work, the volume of trust litigation is becoming significant.

In common with many other offshore jurisdictions, the Isle of Man responded to pressure from the OECD by tightening up its regulatory regime.

Until 2005, trustees were not licensed or supervised by the Financial Supervision Commission, unless the fiduciary carried on business in investment, banking or insurance, in which case licences were required under those headings.

The Fiduciary Services Act, 2005, extended the Corporate Service Providers Act 2000 to require persons who, by way of business, provide certain services to trusts and partnerships or act as nominee holders of units in unit trusts, to hold a fiduciary licence.

The licensing of fiduciaries brought the Isle of Man into line with similar arrangements already established in other offshore jurisdictions such as Bermuda, Guernsey and Jersey and an external review of the proposals by London law firm Stikeman Elliot found the bill compares favourably with legislation in these places.

Guernsey Trusts

Guernsey Trusts


Guernsey trust law has a mixed English/Norman pedigree, but the Trust Law 1989, which mostly reflects English common law, clarified many points, on the whole giving extra protection to beneficiaries. Appeal is to the English Privy Council. There are no registration or filing requirements for Guernsey trusts. (NB Guernsey law does not formally apply in Alderney and Sark but has a substantial influence on proceedings.) The Financial Services Commission is engaged on a review of Guernsey's financial governance regime which may well tighten the regime for trusts, among other sectors.

Guernsey has ratified the Hague Convention, and has made specific provision for the non-recognition of foreign judgements and the exclusion of foreign inheritance laws. The maximum perpetuity period is 100 years. There is no specific provision for 'purpose' trusts or for asset protection trusts.

Jersey Trusts


Although Jersey law has its roots in the Norman law (a 'Roman' or 'Civil' law code), the Trusts (Jersey) Law 1984 codified an entirely 'Anglo-Saxon' body of trust law, resolving many uncertainties and increasing protection for beneficiaries. Subsequent amendments included the recognition of 'purpose' trusts in 1996 (the normal form of Jersey trusts is 'discretionary'). This has led to an increase in corporate use of Jersey trusts.

The most significant amendment to the 1984 law came into force on October 27, 2006. This introduced settlor-reserved powers, which provide greater statutory certainty regarding the level of control and influence a settlor may exercise, in appropriate circumstances, over the ongoing administration of assets placed into trust. The powers that may be reserved by the settlor include the power to appoint and remove trustees, to amend or revoke the terms of the trust and to appoint or remove an investment manager or investment adviser. The amendments also permit a trustee to delegate any of his or her trusts or powers if permitted by the terms of the trust. Other amendments include conflict of law provisions which will mean that the validity of a trust governed by Jersey law will not be affected by any rights conferred on anyone under a foreign law, and a proposal that will remove the existing automatic ‘personal guarantor’ provisions for directors of corporate trustees, thereby making it more attractive to establish private trust companies in Jersey.

Jersey is a party to the Hague Convention on the Law Applicable to Trusts and Their Recognition. Jersey trust law explicitly excludes foreign inheritance laws and does not recognize foreign judgements. The creation of a trust is free from Government duty and there are no registration or audit requirements as such in Jersey, although the tax authorities of beneficiaries' jurisdictions (eg the UK) may require annual reports.

Jersey trusts may 'migrate' to other jurisdictions by changing trustees and the applicable law of a trust; likewise, foreign trusts may migrate to Jersey.

A Jersey trust is governed by the law of Jersey. In the case where the beneficiaries of a Jersey trust are non resident, income arising from sources outside Jersey is not liable to income tax in Jersey, nor are distributions to the beneficiaries. Interest on bank deposits made by the trustees of a nonresident trust is not taxed because of a government concession. The trustees of a non resident trust are not required to make returns or provide accounts of the trust to the Comptroller of income tax. Trust accounts must be kept but do not require auditing.
Trust Establishment in Jersy, Guernsey or Isle of Man: If you like to create a trust in Jersy, Guernsey or Isle of Man, please submit your inquiry by e-mail to info@ukincorp.co.uk, with the subject: "Create a Trust in Jersy, Guernsey or Isle of Man" or by post: Attn: Coddan CPM LTD, Corporate Division, 124 Baker Street, London, W1U 6TY, or by fax: + 44 (0) 207.681.3318. Upon receiving the information, you will be contacted by one of the business consultant to discuss your needs.

Live Help

Live Help


You can chat with one of our advisors right now. Just click on the image to the left to start chatting. Live Help is a real time chat feature which enables you to interact with our customer service representative without a phone call. Get answers to your questions while using our web-site. Clicking the "Live Help" button will start an online session with one of our representatives. Live Help is currently available during normal business hours. Outside of the indicated below opening hours, our Live Help centre will be closed, when you click on the chat button, you will see an e-mail form that allows you to send us an e-mail request with your questions. Our Live Help is free, there are no hidden fees.

Our hours of operation are posted on the contact page at all times. Telephone and Live Chat assistance is only available during business hours.

Opening Hours:


Monday - Friday: 9:30 a.m. to 18:00 p.m.
Saturday: offices are closed
Sunday: offices are closed
Holidays: offices are closed on all recognised UK holidays.

Dear customers, ladies and gentlemen, while having a chat session with our visitors, we are frequently requested to give an advice on tax planning or business structuring, and we would like to inform you that it is against our principles to provide an online free advice pertaining to these issues.

The points and tips that can be covered during a chat session include: our packages, services description and charges, legal requirements to start-up a business offshore, bank account arrangements, trademark registration, post incorporation services, notaries, consulate or apostille legalisation and other authentication services, documentation preparation and filing, mail forwarding overseas, telephone, fax and virtual office facilities, bookkeeping and accounting services, offshore incorporation service, ways to place an order, methods of payment etc.

If you wish us to provide you an advice or recommendations on tax savings and tax minimisation, or corporate business structuring methods, you should be aware that this service has chargeable elements.

Money and Payment Policy


Coddan accepts all major currencies; we accept Visa, Visa Electron, Visa Purchasing, JCB, MasterCard, Maestro, Solo, and Delta, we also accept cheques (may be held 10 days to clear), postal orders or cash deposit, and bank transfers from anywhere to our UK and USA bank accounts. After you place an order, details about the banking transfer will be e-mailed to you on the second e-mail notification. If you missed that e-mail, please call our phone number that is given on the order confirmation. The customer is responsible for the reimbursement of any bank wire transfer payments.

Our credit card payment processing is by WorldPay - an important part of The Royal Bank of Scotland Group, the 5th biggest banking group in the world. We do not charge surcharges for the debit and credit card transactions. Credit or debit card payment is now authorised online in real time. You will be informed immediately if your credit or debit card is declined. If declined, you may check the accuracy of the card number and expiration date, or choose a different card to try.

We need to receive a payment before we can proceed with a new company formation. For regular or corporate clients, we can open a professional credit account. However, this benefit cannot be provided to a new customer, who never placed orders with us.

If you do not feel comfortable transmitting your credit card details on the Internet, we suggest you place an order online, choose the option "Credit Card via the Phone" as the payment method, and then phone in to give us your credit card number over the phone. We will charge your credit card manually. We can also accept credit or debit card payments by fax, to do so, we will e-mail you a credit or debit card authorisation form, and you will need to print out the form, complete the details by hand and send it to us by fax to: + 44 (0) 207.681.3318.


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Copyright © 1993-2010. All rights reserved. The logo and the Coddan company brand are registered trademarks of Coddan CPM Ltd. Coddan CPM Ltd is a private limited company registered in England, whose registered number is 05370296, and whose registered office address is 124 Baker street, London W1U 6TY, VAT registered number is 864 142 527. Coddan CPM Ltd is committed to respecting the data which we hold on you. Your details are processed and kept securely in accordance with the Data Protection Act 1998, DTA registration number is PZ9265799. The content of this site is protected under applicable copyright and trademark laws. Personal use of material is permitted for research and/or information purposes only.

Limited company formation and small business start-up advice - we are offering companies registrations in England, Wales, Scotland, Northern Ireland, Republic of Ireland, USA and offshore jurisdictions. Our simple and cost-effective business starting-up service has various packages available to suit all needs. Expert advice and cost efficient business registration services to assist companies with their statutory obligations, including business administration, bookkeeping, accounting and annual accounting and annual return preparation. We can also help you to introduce and arrange a business bank account in the United Kingdom, Republic of Ireland, Cyprus, Gibraltar and in many other offshore countries.

All content within this site, including, but not limited to text, software, graphics, logos, icons and images are the property of the Coddan CPM Ltd. Except as provided herein, no portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Coddan CPM Ltd. Permission is granted to print copies of informational articles for your own use and review, provided that source attributions and copyright notices are maintained. All of the information contained on this web site is not meant to be advice, nor should it be followed. The information on this site pertains to UK law only and is offered as a public service. It is not intended to give legal advice about a specific legal problem, nor does it create an attorney-client relationship. Due to the importance of the individual facts of every case, the generalizations we make may not necessarily be applicable to any particular case. Changes in the law could at any time make parts of this web site obsolete. Coddan does not represent nor warrant the accuracy of any of the information contained herein, nor should it be relied upon.

Due to the introduction of the Anti Money Laundering Regulations 2007 it is now a legal requirement that all trusts and company service providers are MLR registered. Coddan CPM Limited has been granted an MLR Registration Number 12298927. This means that we have passed the fit and proper test and successfully applied for and received confirmation from HM Customs and Excise. Please be aware that any formation agent operating without being MLR registered is not complying with the Law. We would strongly advise you to ask for an MLR number prior to processing a formation through any agent.

In the event of Companies House rejecting an application or submission you will have three days to re-submit the application with appropriate corrections at no extra charge. We reserve the right to cancel the contract between us if one or more of the goods or services that you ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier. If we do cancel your order for this reason, we will notify you by email and will credit your account with any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered. Products are delivered using Royal Mail recorded delivery post, or e-mail (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you. Website Last Updated: 7/29/2010