The revamped Cyprus International Trust (CIT), provides for the highest possible degree of asset protection internationally, extensive tax benefits and strong confidentiality capabilities.
On 12th November 2014 Gordon Stuart presented at the Kruger Lowveld Chamber of Business and Tourism networking breakfast. The topic under discussion was “Trusts and Wills – ‘A legacy or Liability’ - Pitfalls in Estate planning.
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Individuals accused of crimes in UK must be represented by a defence solicitor. In the case they cannot afford the costs, they can apply for legal aid, a matter where authorities will establish the eligibility. Our criminal defence solicitors in London can offer complete legal advice for any person charged with crimes, so please feel free to contact us at: www.defencesolicitorslondon.co.uk
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What are your rights when you're a beneficiary of a trust? What if you're NOT the trustee, but only the beneficiary, and you are having trouble getting information from the trustee. You see the trustee is responsible for administering the trust on behalf of the beneficiaries - not for themselves, unless the trustee also happens to be a (or one of) the beneficiaries too. Are they as beneficiary confusing their duty as trustee and vice versa.
On 12th November 2014 Gordon Stuart presented at the Kruger Lowveld Chamber of Business and Tourism networking breakfast. The topic under discussion was “Trusts and Wills – ‘A legacy or Liability’ - Pitfalls in Estate planning.
On Friday the 12th February Gordon presented to clients of MRA. The topic under discussion was the possible impact of the Davis Tax Committee on estate planning as we currently know it. The presentation also looked at updates made in a Webinar held between the DTC and the South African Institute of Tax Practioners.
Individuals accused of crimes in UK must be represented by a defence solicitor. In the case they cannot afford the costs, they can apply for legal aid, a matter where authorities will establish the eligibility. Our criminal defence solicitors in London can offer complete legal advice for any person charged with crimes, so please feel free to contact us at: www.defencesolicitorslondon.co.uk
Sparke Helmore Lawyers will provide an update on the safety caselaw landscape from across the Country. In this session
Luke and Daria will examine the topical recent prosecutions brought across the country, including industrial manslaughter.
They will also speak to the accepted Enforceable Undertakings and look at the trends across the WHS harmonised
jurisdictions.
Explores the following:
- When should I form a company?
- What entity should I use – LLC or corporation?
- Where should I incorporate – Delaware or New York?
- Should I use lawyers or do it myself?
What are your rights when you're a beneficiary of a trust? What if you're NOT the trustee, but only the beneficiary, and you are having trouble getting information from the trustee. You see the trustee is responsible for administering the trust on behalf of the beneficiaries - not for themselves, unless the trustee also happens to be a (or one of) the beneficiaries too. Are they as beneficiary confusing their duty as trustee and vice versa.
This presentation considered newly enacted progressive trust laws within the overall context of the vital importance of selecting proper trust jurisdiction in the wealth planning process. Concepts such as the community property trust, dynasty trust, directed trust, trust protector, family advisor, privacy, and trust taxation were discussed in detail, with special focus on how these compelling modern trust planning tools have combined to render the United States both a worldwide tax and privacy haven for families across the nation.
This information sheet provides general inform
ation for unsecured creditors of companies in
receivership. For more info, visit: http://www.svpartners.com.au/
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1. CYPRUS INTERNATIONAL TRUST
The revamped Cyprus International Trust (CIT), provides for the highest possible degree of asset protection
internationally, extensive tax benefits and strong confidentiality capabilities.
LEGAL FORM
A CIT is a legal arrangement created by the Settlor who transfers property/assets to a legal or physical person, called
the Trustee, who holds the property for the benefit of the beneficiary/ beneficiaries in accordance with the terms of
the “Trust Deed”.
PARTIES TO THE TRUST
Settlor: a person who grants Trust Property to the
Trustee subject to the terms of the Trust deed.
A CIT MUST HAVE
At least one non Cyprus resident Settlor; AND
At least one non Cyprus resident
Beneficiary/beneficiaries AND;
At least one eligible Cyprus Resident Trustee.
Trustee: a person who holds the Trust Property for the
benefit of the Beneficiaries. A Trustee can also be a
Beneficiary.
Beneficiary: a person who has a right or interest in the
Trust Property.
A CIT MAY HAVE
A protector at the choice of the settlor;
An investor advisor at the choice of the settlor;
Management committee at the choice of the
settlor.
CORE BENEFITS OF A CIT
TAX ADVANTAGES
No Tax on non-Cyprus income and profits of a CIT;
Beneficiaries may be taxable in their country of residence, only upon actual distributions;
No capital gains tax on sale of titles;
No inheritance or wealth taxes applicable;
Low stamp duty;
Possible disapplication of CFC Rules.
ASSET PROTECTION
Cyprus courts have exclusive jurisdiction as to the validity of CIT;
The provisions of CIT Law have express Superiority of over any other law, or treaty applicable in Cyprus;
No claim can be filed in relation to the assets of the Trust in the case of bankruptcy or liquidation of the Settlor/
Beneficiary or in cases of institution of legal proceedings against the Settlor/ Beneficiary by his creditors;
Foreign or local succession laws do not apply - Avoidance of forced heirship rules and certainty of succession:
Any distribution of Trust property shall be made in accordance to the terms of the Trust deed in the event of
death of Settlor or Beneficiary.
FLEXIBILITY
Possibility to grant extended powers to Settlors;
Ability on changing the jurisdiction of the Trust;
No statutory limitations on mode of operation, objects, activities or mode of distribution of the Trust;
Flexibility on investments and perpetual accumulation of income;
May be fixed or discretionary.
2. ADDITIONAL BENEFITS
High protection-The legal time limit to challenge the Trust is two years;
Quick to set-up: usually within 2 working days;
No public registries for Trusts;
No filing requirements;
Strict confidentiality: disclosure of any details relating to a CIT is only allowed after a relevant court order.
EXAMPLES OF USAGE OF A TRUST
1st EXAMPLE SUCCESSION 2nd EXAMPLE/ PROTECTION
A: - Non-resident UBO (‘NR’) of a Cyprus Company
(‘CYCO’) through nominees;
B: - NR of a CIT, shareholder of a CYCO
In the event of the death of: -
- A: - law of succession of his country will apply with
regards to who will inherit the shares. Further, the
business of the CYCO may be paused until the new
beneficiary is ascertained
- B:-succession laws do not apply and as such the
Trustees shall manage and continue the business of
the CYCO as per the Trust Deed.
Family asset protection in the case of divorce or
complicated family issues or bankruptcy etc.
A couple with children and common business venture
gets divorced.
The court ordered for the business venture to be
transferred for the benefit of the minors.
In order to protect the minor and the business venture,
a CIT can be created with beneficiary being the minor.
The mother was the protector and she was also able to
manage and safeguard the business venture.
3rd EXAMPLE/ BUSINESS VEHICLE 4th EXAMPLE BUSINESS VEHICLE
Usage of a CIT, as a way to safeguard the continuity of
business operations, in the event of settlor or
beneficiary attack by authorities. Specifically, CITs may
cater for the possibility of automatic removal or
disqualification (permanent or temporary) of
beneficiaries, in cases where the beneficiaries are found
guilty of tax related crimes or are under investigation,
or in case such beneficiaries are classified as sanctioned
persons.
This method enables the CIT to continue its operations
unimpeded and guarantees asset security.
Family owned and managed business.
Elderly CEO, children uninterested in managing the
business.
Transfer of the business assets to the Trustees to be
managed by the current employees as investment
advisors.
Beneficiaries of the Trust are the family whilst the
employees are additional beneficiaries and obtain
bonus/ pension in accordance with the performance of
the Trust.
OUR SERVICES
Provision of Trustee, Protector, Advisor;
Advising, Drafting, Structuring & Management of Trusts;
Legal representation in Court Proceedings;
Advising on Tax & Compliance matters.
DISCLAIMER
This publication has been prepared as a general guide and for information purposes only. It is not a substitution for professional advice. One must not
rely on it without receiving independent advice based on the particular facts of his/her own case. No responsibility can be accepted by the authors or the
publishers for any loss occasioned by acting or refraining from acting on the basis of this publication