In the offshore company formation world and in all type of company formation regardless if it is a local company or a company formation in another country you will sooner or later ran into the possibility to have a trust to manage your company.
A trust can be a good instrument for forming offshore companies if you wont move to the country where you register your offshore company or if you don’t want to travel at least 2 or 3 times a year to manage the offshore company.
So what is a trust?
A trust is an important, useful and legitimate vehicle for the transfer and management of assets. Trusts provide an effective mechanism for managing assets given minors, individuals who are incapacitated, and others who are otherwise inexperienced in financial management.
Trusts can also be used to promote charitable purposes and for estate planning. In addition to personal and financial planning, trusts are increasingly used to structure corporate transactions, such as securitization programs, and employee benefits programs, such as pension schemes, international employee stock option plans, and compensation structures.
To create a valid trust, the settler is required to give up control of the assets he has transferred to the trustee. In turn, the trustee is obligated to observe the terms of the trust deed and has fiduciary duty to act honestly and in good faith in the best interest of the beneficiaries or, in the event there are no named beneficiaries, in the best interest of the trust. Traditionally, trusts are subject to limitations on duration, the terms of the trust are fixed, and trustees cannot be removed without a legal challenge. Lastly, the traditional trust could only benefit individuals or charities and could not be used to delay, hinder, or defraud creditors.
As with other types of corporate vehicles, however, trusts can also be misused for illicit purposes. Part of the attractiveness of misusing trusts lies in the fact that trusts enjoy a greater degree of privacy and autonomy than other corporate vehicles. Given the private nature of trusts and the fact that a trust is essentially a contractual agreement between two private persons, virtually all jurisdictions recognizing trusts have purposely chosen not to regulate trusts like other corporate vehicles, such as corporations.
Above are just a few example of usage and misusage of trusts and what they are and how you can use it. For offshore companies in general in is common to use trusts to manage the company.
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