Trusts in Non-trust Countries

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Publisher :
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.:/5 (84 download)

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Book Synopsis Trusts in Non-trust Countries by : Emmanuel Gaillard

Download or read book Trusts in Non-trust Countries written by Emmanuel Gaillard and published by . This book was released on 1987 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Trust Laws

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Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 672 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Trust Laws by : Paolo Panico

Download or read book International Trust Laws written by Paolo Panico and published by Oxford University Press, USA. This book was released on 2010-02-18 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Trust Laws provides broad ranging and practical coverage of the most important issues in international trust law. It analyzes topics including protectors, shams, beneficiaries' right to information and protection from heirs and creditors, examining their development under English law and across a wide range of jurisdictions.

The U.S. May Be a Good Trust Jurisdiction for Foreign Persons

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The U.S. May Be a Good Trust Jurisdiction for Foreign Persons by : G. Warren Whitaker

Download or read book The U.S. May Be a Good Trust Jurisdiction for Foreign Persons written by G. Warren Whitaker and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: At one time non-U.S. persons would rarely consider creating a trust that was subject to the jurisdiction and governed by the substantive law of one of the fifty United States. The definition of what constituted a U.S. trust for income tax purposes was vague and amorphous, and US trusts are subject to U.S. income tax on their worldwide income, while non-U.S. trusts are taxed only on their U.S. source income. However, recent changes in U.S. tax law have made it possible to create a trust with a U.S. trustee that is subject to U.S. court supervision and governed by the laws of a U.S. state, and still achieve all the tax advantages of a foreign trust. In addition, certain states have enacted substantive trust laws that are attractive for anyone who wants to create a trust, including non-U.S. persons. Among the recent changes in the tax law that permit foreigners to use U.S. trusts are: 1. The revised definition of "United States Trust" enacted by Congress in 1996 creates a two-pronged bright line test, and only trusts that meet both tests are considered to be U.S. trusts. The tests make it possible to create a trust under US law that nonetheless qualifies as a foreign trust. 2. Several U.S. states now permit a Settlor to contribute assets to an irrevocable trust and remain a permissible beneficiary of the trust in the discretion of an independent trustee, and the trust assets will be protected from creditors whose claims arise after the trust is created, and thus also potentially excluded from U.S. estate tax at the Settlor's death. 3. The rules regarding grantor trusts with non-U.S. grantors were also significantly amended in 1996. 4. Certain countries have lists of jurisdictions that are considered to be tax havens. The U.S. is not on any of these lists. 5. Income tax treaties between the United States and certain other countries provide benefits to non-U.S. persons residing in these treaty countries who create and fund U.S. domestic trusts. 6. The income taxes of the United States on passive income have been dramatically reduced in recent years in order to avoid taxation in their home country. The substantive advantages that make U.S. trusts attractive to foreigners include: 1. No Rule Against Perpetuities in some states. 2. Investment Advisor with sole responsibility for investment management. 3. Distribution Advisor 4. Protection From Forced Heirship 5. Private Trust Companies.

The Hague Trusts Convention

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847310664
Total Pages : 578 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Hague Trusts Convention by : Jonathan Harris

Download or read book The Hague Trusts Convention written by Jonathan Harris and published by Bloomsbury Publishing. This book was released on 2002-05-04 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts cross borders. When they do,real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for “trusts created voluntarily and evidenced in writing.” It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested.

The International Trust

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Publisher : Jordan Publishing (GB)
ISBN 13 :
Total Pages : 762 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The International Trust by : John Glasson

Download or read book The International Trust written by John Glasson and published by Jordan Publishing (GB). This book was released on 2002 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expression "international trust" has no settled definition, although it is in common use. Generally, the term is applied to a trust that has legal significance with two or more countries. Until the 1960s international trusts were rarely encountered; they are now commonplace. This is partly due to the increased mobility of people and property, but mostly because of the growth of the offshore trust industry. Distilling the knowledge and breadth of experience from a distinguished collection of individual contributors, The International Trust deals with a variety of highly topical and significant issues. These range from international recognition of trusts to protectors and forced heirship, as well as an examination of the particular difficulties that arise in the context of civil law jurisdictions. This book is adapted from, and revises material on, many of the topics covered by the loose-leaf encyclopedia International Trust Laws. For example, chapters dealing with topics of day-by-day practical importance to the practitioner in the international trust field and chapters dealing with trusts from the perspective of Italy and Switzerland are updated and reproduced here in convenient cloth format. In addition the book includes an editor's introduction, providing an overview of the field, and a previously unpublished chapter by Professor Donovan Waters on the future of the trust from a global perspective, reflecting the most cutting-edge thinking.

International Taxation of Trust Income

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Publisher : Cambridge University Press
ISBN 13 : 1108492258
Total Pages : 417 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Taxation of Trust Income by : Mark Brabazon

Download or read book International Taxation of Trust Income written by Mark Brabazon and published by Cambridge University Press. This book was released on 2019-05-02 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust and will appeal to international tax practitioners, administrators, policymakers, academics, and students.

Trust Funds under International Law

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Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045261
Total Pages : 320 pages
Book Rating : 4.0/5 (452 download)

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Book Synopsis Trust Funds under International Law by : Ilias Bantekas

Download or read book Trust Funds under International Law written by Ilias Bantekas and published by T.M.C. Asser Press. This book was released on 2011-08-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: INTRODUCTION The subject matter of this book is certainly familiar to all continental, civil law and Islamic law scholars engaged in the study of trusts and related legal concepts. International lawyers are also not strangers to the trust vehicle, given that the European empires of the early twentieth century were built on it until the demise of decolonisation in the mid to late 1960s. The semantics of the trust notion reveal essentially the lack of trust thereof! Indeed, the presence of the most important player in the tripartite trust fund relationship is the trustee, because without the trust bestowed upon him by the settlor (or donor), the latter can never be sure that the assets pertaining to the trust fund will be received by a future bene- ciary in exactly the same manner as intended by the settlor. Furthermore, because the time at which the trust is to disburse its assets to the intended beneficiaries may turn out to be a long time coming from the time at which it is originally set up, the person of the trustee will be obliged to sustain and invest the trust property.

Trusts in Latin America

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Publisher : Oxford University Press
ISBN 13 : 0199748497
Total Pages : 432 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Trusts in Latin America by : Nicolas Malumian

Download or read book Trusts in Latin America written by Nicolas Malumian and published by Oxford University Press. This book was released on 2009-10-16 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing interest in investment in Latin America - particularly in commodities production and real estate development - has increased the use of trusts as investment vehicles throughout Latin America. Written for the English-speaking practitioner, the book covers Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, México, Panamá, Paraguay, Perú, Uruguay and Venezuela and provides a practical, clear, and thorough explanation of trusts as legal vehicles for investment in Latin American countries. Trusts in Latin America provides a comprehensive, comparative review of statutes, case law, and examples of trusts in Latin America, and also highlights differences between these countries and common-law systems.

International Trust Laws and Analysis

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Publisher :
ISBN 13 : 9789041198303
Total Pages : pages
Book Rating : 4.1/5 (983 download)

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Book Synopsis International Trust Laws and Analysis by : Walter H. Diamond

Download or read book International Trust Laws and Analysis written by Walter H. Diamond and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Trust Laws and Analysis

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Publisher :
ISBN 13 : 9780420553607
Total Pages : pages
Book Rating : 4.5/5 (536 download)

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Book Synopsis International Trust Laws and Analysis by : Walter H. Diamond

Download or read book International Trust Laws and Analysis written by Walter H. Diamond and published by . This book was released on 1995-12-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This text guides the reader through the trust laws of those offshore jurisdictions that recognise asset protection trusts. It explains the foreign trust laws of nearly 50 countries, and sets out the complete texts of laws in each one. Practical features include analysis of each country using 29 common criteria and a quick reference chart for comparison between countries.

Re-imagining the Trust

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Publisher : Cambridge University Press
ISBN 13 : 1107011329
Total Pages : 293 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Re-imagining the Trust by : Lionel Smith

Download or read book Re-imagining the Trust written by Lionel Smith and published by Cambridge University Press. This book was released on 2012-03 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by experts in the field explores the place of the trust in the modern civil law.

Tracing in Trust Law and Its Recognition in Civil Law Countries Under the Hague Convention on Trusts

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Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Tracing in Trust Law and Its Recognition in Civil Law Countries Under the Hague Convention on Trusts by : Delphine Pannatier Kessler

Download or read book Tracing in Trust Law and Its Recognition in Civil Law Countries Under the Hague Convention on Trusts written by Delphine Pannatier Kessler and published by . This book was released on 2008 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trust Law in Asian Civil Law Jurisdictions

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Publisher : Cambridge University Press
ISBN 13 : 110724479X
Total Pages : 321 pages
Book Rating : 4.1/5 (72 download)

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Book Synopsis Trust Law in Asian Civil Law Jurisdictions by : Lusina Ho

Download or read book Trust Law in Asian Civil Law Jurisdictions written by Lusina Ho and published by Cambridge University Press. This book was released on 2013-07-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: • Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives • Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them • Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust • Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.

The International Trust

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Publisher : Jordan Publishing (GB)
ISBN 13 : 9781846612725
Total Pages : 0 pages
Book Rating : 4.6/5 (127 download)

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Book Synopsis The International Trust by : David J. Hayton

Download or read book The International Trust written by David J. Hayton and published by Jordan Publishing (GB). This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Trust presents an in-depth analysis of a range of highly topical issues of great significance in the area of international trust law. Under the editorship of a leading trust law specialist, a team of eminent contributors have applied their expertise to addressing a range of subjects at the cutting edge of thinking in this area. Part I of the book contains the indispensable conflict of laws chapters, each now extensively updated by its original author. Part II covers a wide variety of issues crucial to trust advisers, each updated to take in the latest developments in areas including trusts and finance law, money laundering and trusts, protectors and purpose trusts. Part III contains chapters on Italy and China - jurisdictions in which recent trust law developments have generated considerable international interest. Part IV contains Professor Donovan Waters' notable chapter on the future of the trust fully updated by the author.

Stateless Trusts

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Publisher :
ISBN 13 :
Total Pages : 10 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Stateless Trusts by : Lionel Smith

Download or read book Stateless Trusts written by Lionel Smith and published by . This book was released on 2013 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper explores different understandings of the interaction of private international law with the law of trusts, and particularly, the question whether a settlor should have complete freedom to choose the law governing her trust. If such freedom is granted, the settlor may not care whether or to what extent her own legal system has a trust; she merely chooses one that does, and in particular she may choose the one that offers the features that best suit her particular wishes. In some Continental countries, this is indeed possible due to the ways in which they have brought into force the Hague Trusts Convention. The author examines a range of approaches to settlor autonomy, and concludes by suggesting that full settlor autonomy as to the governing law is not necessarily appropriate in relation to trusts. A trust has a whole range of third-party effects, and so the arguments that justify party autonomy in relation to the choice of governing law for contracts do not clearly apply to trusts.This paper is one of 22 chapters in a forthcoming collection that examines a range of issues surrounding trusts in civilian and mixed legal systems.

Trust Bridge

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Publisher : Springer
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Trust Bridge by : Frans Sonneveldt

Download or read book Trust Bridge written by Frans Sonneveldt and published by Springer. This book was released on 1992-10 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deals with the trust and its tax consequences in some common law countries, viz. the UK and the USA, and in a number of civil law countries such as Switzerland, the Netherlands and France. Discusses the trust phenomenon as such, touching on its historical background, the uses to which the trust is put, the modern trust and also the Hague Convention on Trusts, and the treatment of trusts under the OECD Model Convention. The similarities and differences in the various tax law approaches are discussed, including observations and conclusions on the significance of these comparisons.

Trusts in Prime Jurisdictions

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Publisher :
ISBN 13 : 9781787422988
Total Pages : 0 pages
Book Rating : 4.4/5 (229 download)

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Book Synopsis Trusts in Prime Jurisdictions by : Alon Kaplan

Download or read book Trusts in Prime Jurisdictions written by Alon Kaplan and published by . This book was released on 2019-12-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading professionals and recognised academics, many of whom are STEP members, the fifth edition of 'Trusts in Prime Jurisdictions' will be an essential resource for all lawyers, trust practitioners and banking professionals working in the field.