Articles & Video
Complex offshore structures – traps and pitfalls: a practical guide
There has been a growing trend over recent years for the development of bespoke and complex holding structures to accommodate the needs and sensitivities of ultra-high net worth individuals. Often, the clients originate from civil law jurisdictions and as a consequence are unfamiliar with trusts and the fiduciary relationship created. There is (understandably) suspicion.
I can see clearly now…
In recent years, there has been a positive deluge of reporting initiatives affecting UK individuals, entities and structures with a UK connection. Some of these have come from the USA (so-called “FATCA”), some from the OECD (the Common Reporting Standard), others from the EU (as a result of the 4th Anti Money Laundering Directive) and others are simply ground-breaking initiatives by the UK government.
Family Offices, Captives, Trusts and Bermuda
Bermuda is now the world’s leading offshore captive domicile with approximately 900 captives together holding assets exceeding $85 billion.
Bermuda is Different
Some of the recent reporting on the “Panama Papers” perpetuates the myth that all offshore financial centres are the same.
The fact is: Bermuda is different.
Bermuda Court Hands Down First Decision on Section 47A
In July 2014 the Bermuda legislature enacted the Trustee Amendment Act 2014. The effect of this statutory reform was to insert a new section 47A into the Trustee Act 1975. Section 47A was intended to introduce into Bermuda statutory law the so-called “Rule in Re Hastings-Bass” as it had been understood and applied in England
Family Offices And The Bermuda Proposition
There are varying opinions regarding what a “family office” is, but it can be broadly described as an organisation that provides services to one or more families to coordinate and implement one or more longer term objectives of the family in respect of investment and insurance; family businesses; tax and succession planning; accounting and reporting; education, philanthropy and lifestyle.
Do We Really Need To Talk About Kevin?
Is it necessarily essential, or even a good idea, for a jurisdiction to legislate when the judges in another influential jurisdiction have spoken in an inconvenient way, with the intention of reversing or modifying its effect?