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Private Trust Companies: A Handbook for Advisers

By Todd Mayo
Globe Law and Business September 2020

Specifications

ISBN-13
9781787423145
Publisher
Globe Law and Business
Publication
September 2020
Format
Hardback , 357 pages
Jurisdiction
Bermuda, British Virgin Islands, Cayman Islands, Hong Kong, International, Jersey, U.S. ? Countri(es) for reference only
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Details

Ultra-wealthy families have incorporated private trust companies into their wealth structures with increasing frequency over recent decades. Private trust companies can offer greater control over the administration of the family’s trusts and can provide greater flexibility in the management of the trust’s assets. For many families, a private trust company is a natural complement to the family office, enabling it to include fiduciary services among the services that it provides to its members. Reflecting the rising popularity of private trust companies, more jurisdictions have enacted legislation allowing them.

This handbook is a comprehensive resource for lawyers, accountants, family office executives and any others who advise ultra-wealthy families on private trust companies. Featuring chapters written by leading practitioners, it fully explores the legal, regulatory and practical dimensions of forming and operating a private trust company.

A series of chapters examines the relevant law in prime jurisdictions including Bermuda, the Cayman Islands, Hong Kong, Jersey and key US states. Other chapters focus 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 covered.

Contributors include practitioners from Appleby, Bedell Cristin, Carey Olsen, Cadwalader, Wickersham & Taft, Holland & Knight, McDermott Will & Emery, Meritus Trust Company, South Dakota Trust Company, Squire Patton Boggs, and Walkers.

Table of Contents

Introduction by Todd D. Mayo of Perspecta Trust
Part 1: Design and Operation of Private Trust Companies
Ownership and Governance Structures by Miles C Padgett of Kozusko Harris Duncan and Vanessa Schrum of Appleby
Coordinating with the Family Office by Sara Schroter Ross and Michelle L. Wolfe of Meritus Trust Company
Communicating with the Family by Babetta von Albertini of ATM Capital Partners
Working with third-party service providers (coordinating with advisers, outsourcing fiduciary and administrative functions etc.)
Managing Trust Investments (including Family Businesses) by Von E. Sanborn of Day Pitney
Internal Controls (Policies, procedures etc.)
Privacy and Confidentiality by Paolo Panico of Private Trustees SA
Interjurisdictional Activities
US Tax and Regulatory Considerations by Sasha Grinberg of Cadwalader, Wickersham & Taft
Disputes involving Private Trust Companies by Nicholas Holland of McDermott Will & Emery
Part 2: Overview of non-US jurisdictions
Overview by Todd D. Mayo of Perspecta Trust
Bermuda by Ashley Fife and Keith Robinson of Carey Olsen
British Virgin Islands by Andrew Miller of Bedell Christin
Cayman Islands by Andrew Miller of Bedell Christin
Guernsey by Angela Calnan and Ben Havard of Collas Crill Advocates and Ajay Wiltshire of Saffrey Champness
Hong Kong
Isle of Man
Jersey by Robert Dobbyn and Sevyn Kalsi of Walkers
Malta by Anthony Cremona of Ganado Advocates
Singapore
Part 3: Overview of US jurisdictions
Overview by Todd D Mayo of Perspecta Tust
Florida by Christopher Boyett of Holland & Knight
Nevada by Gregory E Crawford of Alliance Trust Company of Nevada and Lance McKenzie Esq of McDonald Carano
New Hampshire by Todd D. Mayo of Perspecta Trust
South Dakota by James Paladino of South Dakota Planning Company and Matt Tobin of South Dakota Trust Company LLC
Tenessee
Wyoming by Christopher Reimer and Amy Staehr of Long Reimer Winegar Beppler

About the Author

Consulting editor(s): Todd Mayo

Contributing firm Name
UBS Todd D Mayo

Contributors

Contributing firm Name
Alliance Trust Company of Nevada Gregory E Crawford
Appleby (Bermuda) Limited Vanessa L Schrum
Bedell Cristin Andrew Miller
Cadwalader, Wickersham & Taft Dorothy Mehta
Osvaldo Garcia
Sasha Grinberg
Carey Olsen Ashley Fife
Keith Robinson
Holland & Knight Christopher W Boyett
John L Stansbury
Nichole D Scott
Institute for Family Governance Babetta von Albertini
Kozusko Harris Vetter Wareh Duncan LLP Miles C Padgett
Long Reimer Winegar LLP Amy Staehr
Christopher Reimer
McDermott Will & Emery LLP Elise J McGee
Jonathan W Motto
Joseph J Viviano
Nicholas Holland
McDonald Carano Lance N McKenzie
Robert E Armstrong
Meritus Trust Company Limited Michelle L Wolfe
Sara Schroter
Paolo Panico’s Law Chambers Private Trustees SA Paolo Panico
President of a Nevada family trust company Ryan M Harding
South Dakota Planning Company James Paladino
South Dakota Trust Company LLC SDTC Services LLC Matthew Tobin
Squire Patton Boggs Patricia Woo
Walkers (Jersey) LLP Robert Dobbyn
Sevyn Kalsi
Waller Lansden Dortch & Davis LLP Aaron B Flinn
Jill C Mastroianni
John M Bunge
Richard A Johnson
Price on request
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New Edition is available now !
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