Trusts:
The basis of trust law rests on the concept of “dual ownership” – namely that the legal title to assets is vested in one person (the trustee) while the beneficial ownership of those same assets is vested in another person or persons (the Beneficiary). The trustee is bound by a fiduciary duty to exercise that legal control for the benefit of one or more individual or organizations who are the beneficiaries. The beneficiary holds the beneficial or equitable title. The trust is governed by the terms of the trust instrument and proper law.
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Authority
Type of Law |
- Governing Trust is SIBA
- Statutes, common law, and equity
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Settlor |
- Cannot be resident
- If non resident, he can be national
- A domestic company cannot be a settler
- An international company (IBC) can be a settlor
- Non residents can make additions to trusts property
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Trustee |
- One corporate or two individual trustee required
- A local trustee is required
- A settlor can be a trustee
- A majority of trustee can be a non resident
- Change in the forum of administration of trust is permitted
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Beneficiaries |
- Minimum one beneficiary required
- A settlor/Trustee can be a beneficiary but not sole beneficiary
- Addition or removal of beneficiary is permitted
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Confidentiality |
- No filing with SIBA required
- Trust register is not accessible to public
- No disclosure of names of settlor or beneficiaries to regulator required unless court orders
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Duration of Trust |
- Charitable purpose trust is for perpetuity
- Maximum duration of other trust is for 100 years
- Premature termination of trusts is permitted
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estriction on Trusts Assets/Investments |
- Local immoveable property not permitted
- Shares of resident company as its assets not permitted
- Local quoted securities and other local investments not allowed
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Advantages of Trust |
- Asset protection
- Confidentiality and continuity
- Retention of control by settlor
- Protective/Spendthrift provision
- Tax minimization
- Family and succession planning
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Taxation |
- No tax on foreign income
- Taxation of local income derived in trusts jurisdiction depends on the law of that jurisdiction
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Annual Requirements |
- Filing of the tax statements
- No annual audit requirements required
- No filing of accounts
- No public access to records
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DTAA access |
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