Trust & Service Confidence

Sunday, May 20, 2018

Counselling Aimed at Trust Establishment

The term "Trust" will determine the set of legal relations through which a subject called "settler" transfers his ownership of goods, both if movable or immovable ones to another entity called the "trustee or fiduciary" which will have to manage and or administer them to achieve a purpose for the benefit of another person "beneficiary (owner or payee)", which may be one or more than one and in any case appointed by the settler.

The "Trust" should not be looked upon with suspicion and you do not have to think about the "Trust" as a means of diverting assets, act in fraud of creditors, evade taxation, circumvent mandatory rules for example in matters of succession. Each action shall not be affected (avoidance, self-injury, etc..) and any protection already adopted (for example a seizure or a mortgage) will not see the effects revoked, following the establishment of the "Trust".

The "Trust" is a tool that allows to obtain well-formulated broad protections without any violation either tax violation or international law violation in general.

The characteristics of the "Trust" is the segregation of assets and flexibility. The assets placed in "Trust" constitute a patrimony separate from each other, not be attacked by third parties and managed by the trustee in accordance with the guidelines defined within the compiled concerned "trust instrument (deed)" which regulates the relationship between the parties. Thanks to the effects of segregation, the settler is no longer required to include in their declaration of assets to the goods on "Trust" having transferred its ownership.

The "Trust" is therefore the only tool that allows you to ensure:

  • Heritage protection.
  • Protection of privacy.
  • Segregation of assets.
  • Guarantee of credit claims.
  • Generational shift.

A basic condition that the "Trust" retains its segregative power is to be set up before the estate is burdened with commitments given to third parties.

The establishment of a "Trust" is one of the best choices a good father, a businessman and a careful professional can do in order to ensure that deserved future they have built or are building.

The "Trust" can be formed in different jurisdictions and ruled in different ways. The "Trust" lends itself to many uses and is a dynamic tool that can be drawn to fit every requirement.

With what is expressed is essential to indicate that Bright Business Consulting LLP is not a company of  "Asset Management" or a parent company. Bright Business Consulting LLP is a company rather than through its own audit warrants and assists  the customer accompanying him to the type of "Trust" best suited to his specific case, both in Brazilian territory and in the international arena. In this regard, it is crucial ad-hoc advice aimed at analyzing the entire profile of the client, focusing on the most appropriate partner to the specific case, ensuring a high quality of service.

Here in the following we indicate some most frequent types of "Trust":

PROPERTY TRUST

It creates a separate equity and consists of properties with guaranteed benefit that this heritage can not be attacked except by creditors of the "Trust" itself. You can create a property management without resorting to the more expensive instrument of limited liability companies and you can simultaneously lay the foundations for a breakdown of all the assets inherited or at least a breakdown in the lives of such assets. During the term of "Trust" the trustee may carry out all the useful to management, including the sale always fully covered drafted the "founding act (deed)." This type of "Trust" is recommended when you want to manage real estate, when you want to protect those assets, or assets in kind to attacks or future proceedings and to protect family assets.

COMPANY TRUST

This type of "Trust" may have the objective to regulate the generational transfers in a more easily way if you have to separate the part of corporate assets, as well as transfer entire business units. This type of "Trust" is suitable for those who want to protect corporate assets, shares or amounts by credit claims or attacks in general.

TRUST FOR THE PURPOSE OF WARRANTY

Any type of property, movable, immovable, money etc.. may be conferred to this type of "Trust". In this type of "Trust" a special fund is created, which is managed for the realization of a particular purpose for which it was required to issue of a guarantee and who due to  the benefit provided certificate will rely on a unassailable and not be attacked wealth.

The "Trust" on security purposes is aimed at both physical subjects, both legal entities, all of whom wish to protect their assets from possible attacks by third parties in a legitimate way.

The complexity of the implementation of this type of "Trust" must involve professionals with different skills. The preliminary analysis to be performed is delicate and must take into account many aspects, both in the legal and tax field. They need in the sequel of this makes it possible to implement a correct and safe protection of the asset through the use of legal and legally recognized tools in the country of residence of the buyer, and if the case requires it, you can also get tax savings in the observance and compliance with the regulations.

For this latter topic both in Brazilian and international territory the preliminary assessment is an essential element for avoiding double taxation. Bright Business Consulting LLP examining the signs of the various agreements, plans the appropriate strategy to be implemented fulfilling the current directives.

Commonly for this type of "Trust" the legal systems used make necessary  the establishments of foreign companies that are routed via the assets constituting the assets.

It was in this Bright Business Consulting LLP is the appropriate partner. One of the primary core business of the company is setting up  and in some cases managing , both in Brazilian territory and in the international arena.

This type of "Trust" sees tackle the problem with the maximum personalization, supporting the implementation phase the formation of the company or establishment of trust with the proper preparation of contractual documentation during the life of the legal structure created will be managed and administered in the case, if required with trustee services. In this regard should contact us  for more details.

FAMILY TRUST & DISABLED

Even in these types of "Trust" may be placed any type of property, both movable or immovable, money, insurance policies, etc.. These types of "Trust" are mainly directed towards all physical entities who wish to advance disciplinary cases of succession, relations of coexistence and kinship, marriage crises including the cases of separation and divorce. In the case of "Trust" for disabled forms of trusteeship and judicial records are the main arguments to establish this identity.

As for the "Trust" in order to guarantee the legal systems used for these types of business it is necessary to establish foreign companies where the goods constituting the assets are routed.

Just at this Bright Business Consulting LLP is the appropriate partner. One of the primary core business of the company is setting up and in some cases managing them, both in the territory of Brazil and in the international arena.

These types of "Trust" see tackle the problem with sensitivity and personalization, supporting the implementation phase in the establishment of a trust company or institution with the appropriate preparation of contractual documentation during the life of the legal structure created will be managed and administered in the case, if required with trustee services. In this regard, we recommend to contact us for more details.

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58/60 - Kensington Church Street
LONDON - UK - W8 4DB 

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