Wealth & Risk Management Blog

William Byrnes (Texas A&M) tax & compliance articles

Trust & Company Law

trust lawInternational Trust Laws and Analysis, Company Laws, Wealth Management & Tax Planning Strategies

  • Guidance on establishing and managing trusts, companies, and investment funds in foreign countries in compliance with applicable regulations.  Provides all the legal, tax and estate-planning intelligence necessary for advisers to recommend financial centers to their high net wealth clients as to the advantages and pitfalls of investing in and through individual jurisdictions, wealth planning techniques and associated compliance issues critical for advising the high net wealth client and multi-national businesses Comparison charts to reduce research time.

International Trust Laws and Analysis, Company Laws, Wealth Management & Tax Planning Strategies provides all the legal, tax, and estate-planning intelligence necessary for professional advisers to recommend among financial centers for their high net wealth clients — as well as the tools to establish and operate trusts, companies, and funds in compliance with all applicable rules and regulations. The full text of the trust laws and links to the company laws of 60 countries is included with clear, concise comparison charts aimed at reducing research time. The 29 vital trust elements and 20 company elements of each jurisdiction’s laws are analyzed from a compliance perspective in detail.

This major reference work is a one-stop guide to the formation of trusts and companies worldwide. The work is quarterly updated, tracking key changes and developments in trust and company legislation and practice.  Professional consultants involved in trust and company establishment and in wealth management, including bankers, lawyers, tax consultants, accountants, financial planners, compliance officers, investment and wealth managers, will find this an efficient and reliable source of practical information. 

10 Volume Set 

Part 1. Trust Laws

Foreword
Introduction: Topic Areas
Comparison Charts

Analyses and Statutes

Part 2. Company Laws

Introduction: Topic Areas
Comparison Charts

Analysis

Glossary of Terms

Part 1 contains a point-by-point analysis of the 29 vital elements of each country’s trust law. The following topics are covered: Legislative Background; Formation; Exempt Tax Status; Minimum Assets; Residency Requirement; Registration; Revocable or Irrevocable / Void or Voidable; Settlor as Beneficiary; Perpetuity Period; Wait and See Provision; Accumulations; Beneficiaries; Trustees and Trustee Companies; Enforcers; Protectors; Confidentiality Rules; Financial Disclosure; Redomiciliation; Government and Private Fees; Exchange Control; Tax Treaties; Restrictions; Asset Protection; Fraudulent Dispositions; Time Limit to Bring Suit; Foreign Court Awards; Forced Heirship; Other Types of Trusts; and Government Control.

Countries included: Andorra, Anguilla, Antigua and Barbuda, Aruba, Australia, Austria, Bahamas, Barbados, Belize, Bermuda, British Virgin Islands, Brunei, Cayman Islands, China, Cook Islands, Costa Rica, Cyprus, Dominica, Gibraltar, Grenada, Guernsey, Hague Convention on Trusts (includes Netherlands, Portugal, Italy, France, Belgium, Spain, Luxembourg, etc.), Hong Kong, Ireland, Isle of Man, Jersey, Labuan, Liechtenstein, Macau, Madeira, Malaysia, Malta, Marshall Islands, Mauritius, Monaco, Montserrat, Nauru, Netherlands Antilles, Nevis, New Zealand, Niue, Panama, Prince Edward Island, Russian Federation, St Kitts, St Lucia, St Vincent and Grenadines, Samoa, Seychelles, Singapore, South Africa, Switzerland, Turks and Caicos Islands, United Kingdom, United States (Alaska, California, Colorado, Delaware, Montana, Nevada, New York, Rhode Island) and Vanuatu.

Part 2 contains a point-by-point analysis covering the 20 vital elements of each country’s company law, including the following topics: Company Types; Licensing of Corporate Agents; Company Name; Fees; Registered Office and Resident Agent; Registration; Reporting and Recordkeeping; Formative Documents; Powers; Shareholders / Members; Single Shareholder Corporation; Share Capital; Directors and Officers; Meetings; Resolutions; General Accounting Practices; Mergers & Acquisitions; Liquidation/Dissolution; Governing Law; and Forms.

Countries included: Anguilla; Antigua and Barbuda; Australia; Austria; Bahamas; Barbados; Belize; Bermuda; British Virgin Islands; Cayman Islands; Chile; China; Cook Islands; Costa Rica; Cyprus; Czech Republic; Dominica; Finland; France; British Virgin Islands; Guernsey; Hong Kong; India; Italy; Jersey; Liechtenstein; Luxembourg; Macau; Madeira; Malta; Marshall Islands; New Zealand; Poland; Portugal; Singapore; Spain; St. Kitts & Nevis; St. Lucia; Switzerland; Turks and Caicos Islands; United Kingdom; United States (Alaska, California, Colorado, Delaware, Florida, Illinois, Montana, Nevada, New York, Tennessee, Texas, Wyoming) and Vanuatu.

Primary Authors

Professor William H. Byrnes, an Associate Dean of Texas A&M University School of Law, is one of the leading authors in the professional markets, authoring and co-authoring over 20 books and treatises that have sold in excess of 120,000 copies in print and online, with over 2,000 online database subscribers. He is the primary co-author of the Kluwer 10-volume compendium International Trust Laws and Analysis, Company Laws, Wealth Management & Tax Planning Strategies, as well as the U.S. contributor for the Kluwer International Tax Blog.  At Texas A&M University School of Law, William Byrnes has established an online wealth management graduate program, having pioneered online legal education in 1995.  William Byrnes held a senior position of international tax for Coopers & Lybrand and has been commissioned by a number of governments for fiscal and education policy.

Dr. Robert J. Munro is the author of 35 published books including co-author of the Kluwer 10-volume compendium International Trust Laws and Analysis, Company Laws, Wealth Management & Tax Planning Strategies.  He is an adjunct professor of Texas A&M University School of Law’s risk management program.  Dr. Munro retired after a distinguished career as a Law Librarian of the University of Florida College of Law, wherein he served as the Co-Director of the Center for International Financial Crimes Studies.  He continues as a Senior Research Fellow and Director of Research for North America of CIDOEC at Jesus College, Cambridge University, England. He is a Barrister and an Attorney at Law.Dr. Munro has addressed audiences at Cambridge University, the University of Florida, the University of London, the CIA and the U.S. State Department and created, organized and chaired over twenty conferences in Miami, Aruba, Curacao, the Bahamas, Washington, D.C., New York City, Cambridge, England and San Francisco.  He may be contacted at wwrlm1320@hotmail.com.

Editorial Team

Cameron Frysinger is the managing student editor of the Kluwer 10-volume compendium International Trust Laws and Analysis, Company Laws, Wealth Management & Tax Planning Strategies, keeping abreast of the substantive changes in over 80 countries through research and interacting with foreign attorneys.  Mr. Frysinger is engaged with the Texas A&M University Entrepreneurship Law Clinic advising small business clients cradle to grave, such as the process of corporate formation to business risk challenges, while pursuing his law degree with a business concentration. He is a graduate of the University of Oklahoma’s Price College of Business where he received his Bachelor of Business Administration degree in Finance. Mr. Frysinger may be contacted at camfry@tamu.edu.

Sofia Malysheva is the managing alumni editor of the Kluwer 10-volume compendium International Trust Laws and Analysis, Company Laws, Wealth Management & Tax Planning Strategies, keeping abreast of the substantive changes in over 80 countries through research and interacting with foreign attorneys.  Ms. Malysheva is the Vice President of Business Development of Kettner Law, P.C.  Ms. Malysheva is fluent in Russian, German and English, and works with U.S. and European clients with regard to corporate and strategic IP development, support of commercial activities, corporate finance, and tax planning. Professionally, Sofia worked for several years as an in-house counsel for a commercial firm in Russia advising on contract and labor law and supporting all its commercial activities. Moreover, she had a unique experience participating in a comparative legal research project on municipal bankruptcy and budgetary stability legislation in Russia, the United States and Europe (supported by the Russian Government). She has authored multiple publications for Russian and American law magazines. Academically, Sofia holds a Russian and an U.S. law degree as well as a German legal studies certificate.  Ms. Malysheva may be contacted at malyshevasofia@gmail.com.

Contributing Company Law, Trust Law, and Wealth Management Experts

The authors acknowledge the following highly regard subject mattar experts for their contributions in maintaining updated analysis of the trust and company laws of this 10-volume set.  These experts are available for additional information and/or consultation in their respective jurisdictions and topic areas.

AUSTRIA

Dr. Friedrich Schwank is the senior partner of the Law Office of Dr. F. Schwank, based in Vienna, Austria. He speaks German, English, French and Spanish, and worked in London and Paris before heading his own international practice since 1986. He specializes in corporate and private tax planning, private foundations, philanthropy, international succession and cross-border taxation. His firm provides legal services of the highest quality to family offices, private and corporate clients with international operations in the European Union, Russia, Central and Eastern Europe.  Dr. Schwank may be contacted at schwank@schwank.com.

CHILE

Jaime Munro is a partner of Baker & Mckenzie Santiago.  He holds a Master of Laws (LL.M degree) from the University of Chicago School of Law.  Mr. Munro’s practice covers major projects/project finance, merger & acquisitions, securities, capital markets, and real estate projects in the retail industry. Mr. Munro has assisted several clients with respect to all aspects of M&A Transactions (public and privates), international joint ventures, project financing, foreign investments, corporate and commercial arrangements, major infrastructure and power projects. He is fluent in Spanish and English.  Mr. Munro may be contacted at Jaime.Munro@bakermckenzie.com

Cristóbal Larrain is an associate of Baker & Mckenzie Santiago, and Assistant Professor of civil law with Pontificia Universidad Católica de Chile.  He focuses his practice mainly on corporate matters, mergers and acquisitions, capital markets, private equity and banking and finance, advising Chilean and foreign clients from a variety of industries. He is fluent in Spanish and English.  Mr. Larrain may be contacted at cristobal.larrain@bakermckenzie.com.

CHINA

Mark Schaub is an international partner and registered foreign lawyer for King & Wood Mallesons.  He may be contacted at schaub@cn.kwm.com.

Timothy Lamb is the Managing Director of the Sovereign Group, China and may be contacted at tlamb@sovereigngroup.com.

CYPRUS

David D.S. Stokes is a consultant for Andreas Neocleous & Co LLC, one of the largest firms in south-east Europe and the Middle East. He has written several publications concerning the laws and financial regulation of Cyprus. He may be contacted at david.stokes@neocleous.com.

FINLAND

Mikko Heinonen is the Managing Partner of the Hannes Snellman Attorneys Ltd Helsinki Office. Mr. Heinonen’s practice focuses on public and private M&A, equity issues and general securities regulation. He also provides advice regarding governance matters to corporations and their boards, as well as industrial and technology companies in their acquisitions, joint ventures, financing and licensing transactions. Mr. Heinonen is entrusted with various non-executive board memberships and is acting as the secretary for boards of directors in various public and private companies.  He holds the LL.M. from Harvard Law School and from the University of Turku, Finland.  He may be contacted at mikko.heinonen@hannessnellman.com and his firm’s website can be viewed at http://www.hannessnellman.com.

FRANCE

Laura Tanganelli is an Associate Attorney at The Ghilezan Law Firm, a litigation firm based in Los Angeles. She specializes in business litigation and employment law. Ms. Tanganelli is admitted to practice law before all courts in the State of California, as well as the United States District Courts for the Central and Northern Districts of California. Ms. Tanganelli is a French native. She received her LL.M  from the Thomas Jefferson School of Law, USA. She also holds a LL.B from the University of Nice, France, and a LL.M in International and European Law from the University of Westminster, U.K. Ms. Tanganelli serves as a pro-bono attorney for the Legal Aid Society of San Diego and as a committee member of the Human Trafficking Task Force, Communications subcommittee. She is also a member of the San Diego and Los Angeles County Bar Associations, as well as the Lawyers Club of San Diego. Ms. Tanganelli can be contacted at laura@ghilezanlaw.com.

GIBRALTAR

Kyra Romano-Scott is a director of Sovereign Trust (Gibraltar) Limited, the Gibraltar office of Sovereign Group, the international corporate service provider. Kyra qualified as a Solicitor in the UK in 2000 and before moving to Gibraltar in 2006, she was in private practice in the UK specializing in matrimonial and children issues. She is a member of STEP and on the Board of the Association of Trust and Company Managers. Kyra can be contacted at kromano-scott@sovereigngroup.com and telephone +350 200 76173.

GREECE

Christos Vardikos is an Attorney of Vardikos & Vardikos. He can be contacted at info@vardikos.com and Tel.: +30 2103611505.

Alexandra Botsiou is an Attorney of Vardikos & Vardikos. Shee can be contacted at info@vardikos.com and Tel.: +30 6937161618.

Charles Edward Andrew Lincoln, IV, is the chapter update editor for Wolters Kluwer’s International Trust and Company Laws & Analysis, Greece company law chapter.  In 2016, Charles Lincoln received his J.D. from Texas A&M University School of Law after completing his A.L.B. from Harvard University, cum laude, in 2013.  Charles Lincoln will begin the LL.M. Program in International Tax Law at the University of Amsterdam in September.  He may be reached at charlesedwardandrewlincolniv@post.harvard.edu.

GUERNSEY

Stephen Hare is Managing Director of Sovereign Trust (Channel Islands) Limited, the Guernsey office of The Sovereign Group, the international, privately-owned corporate service provider.  Prior to opening the office in 2010, he was a director of the Group’s Gibraltar operation. Stephen qualified as a Solicitor in the UK in 1998 and before moving to Gibraltar in 2004, he was a partner with CooperBurnett, a Tunbridge Wells boutique law firm, specializing in private client matters, including estate planning and trusts.  He may be contacted at share@sovereigngroup.com.

HONG KONG

Ernest Marais is in-house legal counsel for Sovereign Trust (Hong Kong) Limited and assist in overseeing the legal operations of the Sovereign Group in both Asia and Africa. He has been admitted as an attorney in the High Court of South Africa and has specialized in the field of Tax and Trust law. Some of his written opinions on tax law has been internationally published in well recognized academic journals such as the African Tax Journal. He graduated from the University of Stellenbosch, South Africa with a B.Com LLB degree and later completed a postgraduate diploma in tax (cum laude) with the International Institute of Tax and Finance in association with Thomas Jefferson School of Law, San Diego. He may be contacted on emarais@sovereigngroup.com or +85253626145. Contribution includes the company law chapter for Hong Kong.

ISLE OF MAN

Tess Bates is a solicitor and the Money Laundering Reporting Officer for Sovereign Trust (Isle of Man) Limited, the Isle of Man office of Sovereign Group. She may be contacted at tbates@sovereigngroup.com and telephone +44 1624 699 800.

ITALY

Giovanni Battista Bruno, LL.M. at Columbia Law School (Harlan Fiske Stone Scholar for superior academic achievements) and Ph.D. in Civil Law at the University of Rome La Sapienza, is a dual qualified attorney licensed to practice in the State of New York and in Italy. Mr. Bruno is an associate at Shearman & Sterling LLP, practicing in the areas of mergers and acquisitions, bankruptcy and reorganizations and arbitration. Giovanni has been an adjunct professor in Bankruptcy and is a teacher assistant in Civil Law at the University of Rome La Sapienza. Giovanni can be contacted at giovanni.bruno@shearman.com and his profile can be viewed at shearman.com.

LIECHTENSTEIN

Helene Rebholz has been working in Liechtenstein as a trust practitioner since 2001 and as a lawyer (bar exam in Liechtenstein and Austria) since 2004. She is a partner of the law firm Anwaltskanzlei König Rebholz Zechberger and formerly a partner with Advokaturbüro Batliner & Gasser with a focus in her practice on financial markets, M&A, corporate law issues and litigation. Ms. Rebholz can be contacted at rebholz@akrz-law.com with further information on the law firm to be found at http://www.akrz-law.li/.

LUXEMBOURG

Sonia Bellamine is an Associate at Wildgen. She holds a Master degree in private Law and post-graduate diploma in Islamic finance. Sonia specialises in cross-border corporate transactions, international corporate restructuring, mergers and acquisitions and transactional business law and corporate finance. As member of Wildgen’s Islamic Finance department, she has been involved in various projects relating to the setting up of Sharia compliant investment funds. She is also member of the editorial board of Jurisnews.

Daniel Boone is a partner in Wildgen’s Corporate and Finance Department. With more than 15 years of legal practice, Daniel Boone is actively involved in both international M&A deals and major debt restructuring 48transactions in which he provides his sound corporate law, civil law and collaterals’ law expertise. He has a large and international experience and in particular in the Asia-Pacific region. He is the author of numerous publications and lectured Private Law and Contract Law at Strasbourg and Metz Universities. He currently lectures Corporate Law at the University of Luxembourg.

POLAND

Tomasz Rysiak is a senior associate at the Warsaw office of Magnusson.  He is responsible for corporate law matters. Mr. Rysiak can be contacted at tomasz.rysiak@magnussonlaw.com.

SPAIN

Guillermo García Berdejo and Jorge Azagra Malo are attorneys admitted to practice in Spain. They earned their degrees on economics and law at Universitat Pompeu Fabra (Barcelona). Their practice focuses on civil and mercantile litigation. Guillermo and Jorge are currently associates at Uría Menéndez Abogados, S.L.P. and can be contacted at guillermo.garcia@uria.com and jorge.azagra@uria.com.

ST. LUCIA

Ellaine T. French, LL.B. B.V.C., L.E.C is an Attorney at law who is a member of the Bars of England and Wales, Saint Lucia, St. Kitts & Nevis, OECS Bar Association and the International Trade Mark Association.  Ms. French practices presently in Saint Lucia and while having special experience in the areas of corporate and intellectual property matters, also practices in other civil areas. She can be contacted at ellainefrench@legalstlucia.com and her website can be viewed at http://www.legalstlucia.com.

SWITZERLAND

Nicolas Bonassi is an attorney-at-law in Switzerland with SwissLegal Group lawyers, Zurich office and formerly worked with Lenz & Staehelin.  Mr. Bonassi practices in the fields of company law and antitrust law. Nicolas can be contacted at bonassi@swisslegal.ch.

COMPANY LAW EXPERTS FOR SEVERAL CHAPTERS

Anna Chaykina holds the position of the Associate in the Corporate and M&A division of Borenius Attorneys LTD, based in St. Petersburg, Russia. Anna advises clients on corporate and employment law matters and assists in M&A transactions, including acquisition and legal due diligence of companies and assets. Anna is a graduate of St. Petersburg State University Law School (Bachelor of Laws) and Washington University in St. Louis (LL.M. in U.S. Law). She may be contacted at anna.chaykina@borenius.com.  Her contributions include Company Law Nevada and Company Law Wyoming.

Shu-Chien Chen, LL.M., is a researcher at the Amsterdam Centre for Tax Law of the University of Amsterdam. She is admitted to Taiwanese Bar. She lectures at University of Amsterdam on EU tax law and international tax law. She received LL.M. degrees in European Law and European Business Law and she is currently pursuing her Ph.D. in the Netherlands. She may be contacted at s.chen@uva.nl or 93a21063@nru.edu.tw. Contribution includes the company law chapters for Australia, British Virgin Islands, Ireland, New Zealand.

ALTERNATIVE RISK TRANSFER

Marion Frings holds a BSc (Hons)|Dipl.-Betriebsw (FH) degree in business administration and economics with main focus on insurance management & financial services. Her studies specialized in particular on risk management and corporate governance. During her career she held positions with varying seniority, always working in an international environment. Marion is currently based in Gibraltar and serves as Executive Director at Sovereign Fund Management (SFM) where she has been instrumental in obtaining the AIFMD license under the EU Directive. She is primarily focused on sourcing new business opportunities for funds that come into scope. Ms. Frings also continues to work as Investment Consultant at Sovereign Asset Management (SAM) servicing UHNWI/HNWI, Trust or Family Office clients globally by providing tailored custody solutions. Prior to these positions, Ms. Frings was a Senior Account Manager in the institutional business division of the asset management firm AllianceBernstein (AB) with headquarters in New York. Her clients included state, sovereign and corporate pension funds, banks as well as insurance companies of the CEMEA region. Ms. Frings initially joined AB as Business Development Associate in 2005, specialized in pitches for RFP tenders on behalf of the firm and its investment platform. Pre-ceding the period with AllianceBernstein, where Marion was based in London, she worked in the audit department of KPMG in Frankfurt.  She may be contacted at mfrings@sovereigngroup.com.

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