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Bermuda
Kennedys Law LLP
It has been said that the narrow view of protector consent provisions has the effect of limiting the role of the protector.[1] To this, Kawaley AJ in X Trusts said:
Kennedys Law LLP
It is worth noting as a starting point that there is no requirement to appoint a protector. It has been suggested that the concept has been more popular in relation to offshore trusts because ...
Kennedys Law LLP
In this mini-series of articles, we explore the role of protectors insofar as the same can be identified in general terms, although it will, of course, always be necessary to have regard to the express terms of the trust instrument ...
Kennedys Law LLP
Ultimately, the protector's role in relation to any given trust will be determined with regard to the express terms of the trust instrument. The powers granted to a protector can be broadly categorised as "positive" powers and "veto" powers.
Conyers
Bermuda is a British Overseas Territory with a parliamentary legislature and has been largely self-governing since 1620. It has economic, legal and political stability...
Carey Olsen
This guide to Bermuda's private client sector includes commentary on tax, trusts, foundations and private wealth structures used within the jurisdiction...
Carey Olsen
Section 47 of Bermuda's Trustee Act 1975 provides trustees of Bermuda trusts with a very useful and flexible tool for varying trusts in the absence of the necessary power...
British Virgin Islands
Harneys
Offshore jurisdictions remain important centres for the establishment and administration of trusts. What should an offshore trustee...
Cayman Islands
Ogier
In most cases, a competent private wealth expert is well equipped to explain the risk profile of each option as well as the relevant advantages and drawbacks. However, there remain circumstances in which a presently advantageous mode of wealth structuring...
Harneys
In the recent decision of G Trust, the Cayman Islands Grand Court had little hesitation in directing that the trustee could apply to restrain certain beneficiaries from pursuing an application...
Conyers
It is also a pastime that has become incredibly popular over the past few years with the industry now valued at over US$70 billion.
Cyprus
Eurofast
In our recent related articles (1 & 2) we conducted an in-depth exploration of trusts, shedding light to their evolution and the strict rules that govern them, particularly in the context of Cyprus.
Hong Kong
Mayer Brown
The Securities and Futures Commission (SFC) published a consultation paper on 28 March 2024 proposing a statutory scheme of arrangement and compulsory acquisition mechanism for real estate investment trusts (REITs).
Conyers
The celebrated Chinese restaurant chain entrepreneur's legal trouble stemmed from sale of her founder stake in the multi-billion RMB valued South Beauty Group to CVC Capital...
Jersey
Walkers
Despite the Trusts (Jersey) Law 1984 ("Trusts Law") expressly providing against the rule against perpetuities currently applying in Jersey...
Walkers
A nation state can be trustee of a Jersey law express trust, even though it has state immunity against being sued for breach of trust or otherwise being held accountable...
Walkers
Where a trust seeks to provide for mixed charitable and non-charitable purposes, the non-charitable purpose can invalidate the charitable purpose; and...
Worldwide
Herbert Smith Freehills
The Eastern Magistrates' Court has sentenced Ms Christine Yeung Tak Sum, a retail trader, to 18 months' imprisonment following her conviction in February 2024...
Appleby
Advisers based in the UK were recently shocked by the government's announcement of far-reaching changes to the way in which non-domiciled individuals...
Conyers
Welcome to the 9th edition of the Conyers Private Client and Trust Bulletin with updates from Bermuda, the BVI, the Cayman Islands and Hong Kong.
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