Thursday, September 2, 2010 8:49 PM
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Why Establish Trust Operations in the BVI?

The competitive advantages are based on the two guiding principles of the BVI’s legislation: namely the protection of the trust’s interest and assets and facilitation of its management operations.

These include the following:

  • Protection of wealth benefits through the option of election of the BVI as the proper law of the trust

  • Protection of inheritance wishes through anti-forced heir-ship provisions

  • Protection of trust interest through legal acknowledgement of the position and powers of the Trust Protectors

  • Protection of privacy: there is no public register of trusts

  • Facilitation of more user-friendly trust deeds through extensive trust administration provisions

  • Facilitation of comprehensive investment strategies through provision for broad investment powers for trustees

  • Facilitation of a wide range of estate planning options through provision of a perpetuity period of up to one hundred years and “wait-and-see” rules

  • Facilitation of the formation and charitable and non-charitable trusts through recognition of purpose trusts

  • Facilitation of swift, straightforward and cost-comparative operation through:

  • Uncomplicated, user-friendly procedures

  • Exemption from all BVI taxes provided that the beneficiaries are resident outside the BVI

  • Competitive, start-up and operating cost

  • Specific facilitation provisions such as majority trustee decisions and short-form trust deeds

The legislation provides for the drafting of a trust to meet a wide range of client requirements, including the following;

  • Revocable and non-revocable trusts

  • Short-form, or long-form trust deeds

  • Full discretionary or fixed interest settlements

  • Accumulation and maintenance settlements for minors

  • Charities and protective trusts to remove future creditor risk

In addition to the specific advantages outlined above, companies can also derive a number of more generalised benefits for the BVI’s BC legislation relating to the protection of assets, preservation of wealth, commitment to privacy and anonymity, zero taxability, and ease and flexibility of operations.

    
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