Reasons for using us
We do not act as trustees of any trusts or as council members or directors of any foundations nor do we offer such services. We only act as protector, enforcer or guardian. As such we offer a completely specialised and independent service in carrying out these roles.
By using us as a protector, enforcer or guardian the risk of conflicts of interest arising in relation to carrying out these roles is eliminated entirely. These roles frequently involve fiduciary or fiduciary-like responsibilities and there is an increasing amount of judicial commentary that persons or bodies carrying out these roles should avoid conflicts of interest or even potential conflicts of interest. By using us, those establishing a trust or foundation and those administering it can unequivocally demonstrate to financial regulators, tax authorities and judicial authorities that the question of conflicts of interest has been comprehensively eliminated in relation to these roles.
By appointing us (as a corporation) rather than a natural person as a protector, enforcer or guardian, there is never a problem with succession. This gives greater ‘rigidity’ to the trust or foundation structure in the longer-term, particularly in difficult circumstances such as when the person establishing the trust or foundation dies or becomes incapacitated.
We have a clear understanding of the technicalities and practicalities of running trusts and foundations. We are operated by officers with extensive and diverse experience of the trusts and foundations’ industry and, as such, we are able to bring a high level of relevant professional knowledge to any decision-making process.
Ensuring Tax Efficacy
By appointing us as protector, enforcer or guardian, the cogency of any arguments raised by tax authorities seeking to ‘attack’ the trust or foundation using ‘conduit’ type arguments or anti-avoidance legislation will be diminished. Certainly as compared to the situation where the person establishing the trust or foundation, or someone closely connected to them, is appointed into these roles. As a result, using us can provide enhanced tax planning opportunities, particularly where there is a need to reserve substantial powers to a party which is not directly involved in the administration of the trust or foundation.
Choice of Jurisdiction and Regulation
The trusts and foundations to which we can be appointed may be governed by the law of any country or jurisdiction that recognises such financial structures. Examples are Jersey, Guernsey, Isle of Man, Cayman Islands, British Virgin Islands, Bermuda, Bahamas, Gibraltar, Liechtenstein, Malta, Luxembourg, Hong Kong, New Zealand.