Welcome to our Trust Department
After more than 15 years of providing fiduciary services to corporate and individual clients we all know that your financial needs are never static. This is why businesses and individuals look at Sachs Warburgh Fides today as their provider of choice and the fiduciary they can trust.
You can take confidence from the fact that we have established and administered many companies and trusts and take pride in giving value and personal service to the business and professional community in many jurisdictions.
At Sachs Warburgh Fides we respect you as an individual and implement solutions that fit your or your client''s, specific business needs best in the context of international trade and investment.
We establish and administer offshore companies as platforms for expansion and market entry as well as to reduce your global business costs; trusts and foundations can be vehicles for wealth protection.
Living up to our motto: ''For you always a good address''.
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Offshore Trusts
Introduction
A fiduciary structure can help to preserve your wealth as well as offer you greater flexibility over the management and distribution of your assets. The most common type of fiduciary structure is a trust, a binding arrangement whereby assets are transferred to a trustee. The trustee is required to administer the trust assets for the benefit of specified beneficiaries strictly in accordance with the terms of the trust. Sachs Warburgh Fides offer their clients:
- A bespoke service regarding the establishment of an offshore trust.
- Trusteeship and related services.
- Administration of the trust funds.
- Trust accounting and maintenance of asset ledgers.
- Reporting and filing as appropriate.
- Guidance.
Offshore Trusts Overview
An offshore trust is created when assets are transferred to a trustee. The trustee becomes the legal owner and is responsible for managing the assets and distributing them to the beneficiaries of the offshore trust, (which could include the person, who, or corporation which transferred the assets to the trustees) in accordance with the terms of the trust deed.
The terms on which the trustees administer the trust assets are detailed in a trust deed and trust legislation has been enacted in many common law jurisdictions in order to govern trusts.
What assets can be held by an offshore trust?
- Shares and stocks in both quoted and unquoted companies.
- Investment portfolios.
- Real and intellectual property.
- Bank deposits.
- Life insurance policies issued on the life of the settlor.
- Most other types of assets.
The Advantages of Offshore Trusts
- Private relationships, for example, in the Isle of Man offshore trust deeds are not publicly registered.
- Wealth protection.
- Tailored to specific family requirements.
- Recognised in all common law jurisdictions.
- Increasing recognition in important civil law jurisdictions.
- An important tool in international income, capital gains and estate tax planning.
- Used by corporations for employee benefit plans, retirement and stock option schemes, insurance plans and special financing arrangements.
Offshore Trust Solutions for Individuals
A trust is the solution for individuals who:
- want to preserve their wealth against uncertainty; whether political, economic or family-related;
- want to transfer wealth to their heirs in a tax-efficient manner. They want to plan their estate to maximise the benefits of their wealth for family members and others;
- want to transfer wealth to their heirs in accordance with their wishes and not in accordance with the laws of the country where they live;
- want to consolidate the ownership of assets owned throughout the world in one location;
- want centralised reporting;
- want to minimise or eliminate estate taxes arising upon the death of the settlor.
Why establish an offshore trust?
When a trust is established in a suitable offshore jurisdiction, and provided that residents of in the offshore jurisdiction are excluded from receiving benefits from the offshore trust, then there will be no local taxes applicable to the assets and income of the trust.
Offshore Foundations
"Foundations are a very important component in asset protection."
Offshore Foundation Overview
Foundations were introduced approximately 100 years ago in Western Europe. Their use for estate and asset planning started in Liechtenstein in the early part of the 20th Century. Foundations have since become popular across the globe, especially in civil law jurisdictions where the concept of ''Anglo Saxon Trusts'' is less well known. Foundations can be established in many countries including Panama and The Netherlands Antilles, who introduced foundation legislation in 1997 and 2001 in order to make it a leading civil law jurisdiction contender for the domicile of foundations.
A foundation is a separate legal entity, without members or shareholders, and is generally established to reflect the wishes of the founder, who may be an individual or a corporate entity. These wishes are contained within the Foundation''s Deed of Incorporation, Articles of Association and Bye Laws. Foundations can be established for a fixed or indefinite period of time and can be used for charitable, commercial, or family purposes.
In the case of a Netherlands Antilles Foundation, a resident person (for example Sachs Warburgh Fides) should be appointed by the founder as Manager, and a foundation council or governing body including a protector, can be appointed by the founder to ensure that the affairs of the foundation are carried out strictly in accordance with the founder''s requirements.
Foundations are a very important component when structuring the ownership of family and corporate assets and are particularly important where trusts are not generally recognised. They are in many respects similar to corporate entities but afford the protection and continuity derived from the use of trusts.
Practical Uses of Offshore Foundations
- Private relationship: For example, the founder''s wishes are not publicly registered.
- Wealth protection.
- Recognised in all common and civil law jurisdictions.
- Holding assets which can be passed on from one generation to the next (estate planning).
- Inheritance tax planning.
- Avoidance of forced heirship rules.
- Maintenance of corporate control.
- Separation of voting and economic benefits.
- Employee share option schemes.
- Pension funds.
- Art collections.
- Charitable purposes.
- An important tool for international income, capital gains and estate tax planning.
- Used by corporations for employee benefit plans, retirement and stock option schemes, insurance plans and special financing arrangements.
What assets can be held by an Offshore Foundation?
- Shares and stocks in both quoted and private companies.
- Investment portfolios.
- Real and intellectual property.
- Bank deposits.
- Life assurance policies.
- Most other types of assets.
Offshore Foundations for Individuals
A foundation is the solution for individuals who:
- want to preserve their wealth against uncertainty; whether political, economic or family-related;
- want to transfer wealth to their heirs in a tax-efficient manner. They want to plan their estate to maximise the benefits of their wealth for family members and others;
- want to transfer wealth to their heirs in accordance with their wishes and not in accordance with the laws of the country where they live;
- want to consolidate the ownership of assets owned throughout the world in one location;
- want centralised reporting;
- want to minimise or eliminate estate taxes arising upon the death of the founder.
Why establish an offshore Foundation?
When a foundation is established in a suitable offshore jurisdiction, provided that residents in the offshore jurisdiction are excluded from receiving benefits from the foundation, then there will be no local taxes applicable to the assets and income of the foundation.