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Registration of trusts


Trust is a special form of contractual relations, involving the transfer of property, originally owned by the founder, at the disposal of the trustee (manager) and receipt of profit from it by the beneficiaries. The object of beneficial ownership can be any movable and immovable property, except for the institution of the trust prohibited by the legislation of the country. The services of the trustee are paid by the beneficiaries or the founder (which can be also a beneficiary).

This concept, which emerged within the framework of the Anglo-Saxon legal system, is based on splitting of the absolute right of ownership over the legal property right and the beneficial property right i.e the right to receive benefits. This phenomenon is unusual for the continental system of law, and even the trust system of relations has not taken the root yet sufficiently in our country and it is used unfairly rarely here. This explains rather common misconception that trust is seen as a kind of enterprise (hence the expressions “trust company”, “offshore trust”, etc.). In fact, the trust is not a legal entity and is not subject to state registration. That is, the concept of “registration of trust” should be understood not as the establishment of an organization, but the development of a structure and the signing of an agreement between the participants in this system of relations. The company Finance Business Service provides consultation and qualified legal assistance in these matters. Usually people participating in a certain event and willing to receive additional guarantees come to the decision to order such a service - for example, for successful transactions in purchasing/selling or joint investment in a project. We particularly recommend creating a trust when it comes to a high-risk business abroad, large amounts and lack of confidence in partners. This form of relations has successfully established itself as an effective tool for tax planning, asset protection and inheritance.

What are purposes to use a trust?

Optimization of taxation. Due to the splitting of ownership, the beneficiary of the trust does not have the right to manage assets i.e they do not belong to him legally, therefore the related tax claims cannot be made against him.
Besides, in many offshore countries, the trustee is not required to report the income of the trust to the tax authorities of the country where the beneficiaries live.
Avoidance of conflicts with the current currency, tax and criminal legislation. Since the beneficiary of the trust has narrower rights than the shareholder, he is not obliged to declare them and receive a license from the NBU for foreign investment.
Concealment of property. The same person can be both a founder and a beneficiary in the trust, which enables him to receive all the profits from the property while keeping anonymity.
Charity. In some countries, property that is donated to charitable purposes must be in trust.
Complex corporate structures. In the sphere of finance and insurance, trusts are often used as legal entities along with the companies.
Keeping profits from wasting. Trusts may limit the possibility of spending money by the beneficiaries.

5 reasons to address Finance Business Service:

Impressive experience in tax planning and business structuring - over 10 years
Impressive portfolio - more than 30 established trusts in different countries of the world
Wide range of related services on support of business
Weekly monitoring of legislation in 60 jurisdictions
100% confidentiality and individual approach to each client

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