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Bermuda
Kennedys Law LLP
Irrespective of whether the protector's role is wide or narrow, it will occasionally be the case that the protector strays beyond the scope of the powers conferred upon him.
Kennedys Law LLP
If the settlor's intention is to give the protector the wide role as espoused in Piedmont, it is important to address this specifically in relation to provisions requiring the protector's consent.
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.
British Virgin Islands
Harneys
Offshore jurisdictions remain important centres for the establishment and administration of trusts. What should an offshore trustee...
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...
Isle of Man
Dixcart Group Limited
The Private Foundation represents a unique incorporated vehicle that is becoming increasingly popular for estate planning, asset protection, and a wide and varied array of activities.
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...
Mauritius
Appleby
When it comes to terminating a fund licensed under the laws of Mauritius (Company), one of the key responsibilities of the investment manager is strategizing the best approach for disposing...
Monaco
CMS Pasquier Ciulla Marquet Pastor Svara & Gazo
L'un des nombreux objectifs de la loi 1.559 du 29 février 2024, portant adaptation des dispositions législatives en matière de lutte contre le blanchiment de capitaux.
CMS Pasquier Ciulla Marquet Pastor Svara & Gazo
One of the many objectives of Law 1.559 of 29 February 2024, adapting the legislative provisions on the fight against money laundering, the financing of terrorism and the proliferation of weapons of mass destruction, is to bring Monegasque legislation on trusts into line with FATF standards.
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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