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Private Trust Companies: A Handbook for Advisers 2nd ed


ISBN13: 9781787429611
Previous Edition ISBN: 9781787423145
Published: July 2023
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £225.00



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Private trust companies play an increasingly important role in the wealth structures of many ultra-wealthy families, offering a high degree of control and flexibility in the administration of a family’s trusts and the management of trust assets. Featuring chapters written by leading practitioners from firms including Appleby, McDermott, Will & Emery and Squire Patton Boggs, this edition fully explores the legal, regulatory and practical dimensions of forming and operating a private trust company.

The relevant law in prime jurisdictions including Bermuda, the Cayman Islands, Hong Kong, Jersey and key US states is thoroughly examined. In addition, content shines a light on organisational and operational issues such as designing a private trust company’s ownership structure, implementing proper internal controls, outsourcing services and working with professional advisers. Important matters like coordinating with the family office, communicating with family, protecting privacy and handling disputes involving private trust companies are also tackled.

New chapters in this edition cover:

  • Guernsey
  • Switzerland, and
  • sanctions

Key topics featured include:

  • recent regulatory developments in the Cayman Islands
  • tax law changes in Hong Kong
  • legislative developments in Wyoming and other US states
  • recent cases relevant to private trust companies
  • discovery disputes involving private trust companies, and
  • recent developments concerning beneficial ownership disclosure requirements in the United States and Europe

This handbook is a comprehensive resource for lawyers, accountants, family office executives and others who advise families on private trust companies.

Subjects:
Company Law, Equity and Trusts
Contents:
Preface
Introduction - Todd D. Mayo, UBS
Part 1: Design and operation of private trust companies
Considerations when forming a private trust company
Todd Mayo, UBS
Ownership and governance structures
Kathryn von Matthiessen, Katten; Vanessa Schrum, Appleby
Coordinating with the family office
Michelle L Wolfe & Sara Schroter Ross; Meritus Trust Company
Communicating with the family
Babetta von Albertini, ATM Capital Partners
Helping hands: utilizing service providers for effective and efficient PTC operations
Ryan M. Harding, Garden Trust Company; Jon Motto, McDermott Will & Emery
Internal controls
Elise McGee, McDermott Will & Emery
Sanctions
Paolo Panico, Private Trustees SA
Beneficial ownership registers
Paolo Panico, Private Trustees SA
US tax and regulatory considerations
Osvaldo Garcia, Sasha Grinberg, Dorothy Mehta & William Schaf, Cadwalader, Wickersham & Taft
Disputes involving private trust companies
Nicholas Holland & Joseph Viviano, McDermott Will & Emery
Part 2: Overview of non-US jurisdictions
Overview
Todd D. Mayo, UBS
Bermuda
Ashley Fife & Keith Robinson, Carey Olsen
British Virgin Islands
Fraser Allister & Andrew Miller, Bedell Christin
Cayman Islands
Fraser Allister & Andrew Miller, Bedell Christin
Guernsey
Natasha Kapp; Carey Olsen
Hong Kong
Patricia Woo, Squire Patton Boggs
Jersey
Robert Dobbyn & Sevyn Kalsi, Walkers
Switzerland
Part 3: Overview of US jurisdictions
Overview
Todd D Mayo, UBS
Florida
Christopher Boyett, Nichole D. Scott & John Stansbury, Holland & Knight
Nevada
Tom Cota, Jason Nomsen & Matt Tobin, South Dakota Trust Company LLC
New Hampshire
Todd D. Mayo, UBS
South Dakota
Matt Tobin, South Dakota Trust Company LLC; James Paladino, South Dakota Planning Company
Tennessee
Aaron B. Flinn, John M. Bunge, Richard A. Johnson & Jill C. Mastroianni, Waller
Wyoming
Christopher Reimer & Amy Staehr, Long Reimer Winegar Beppler