Could I be seen as having a sham trust?

Could I be seen as having a sham trust?

Postby confusedoldbloke on Fri Jun 04, 2010 11:28 pm

I established a Trust in Belize in 2005 which holds title to many domain names and several UK registered trademarks.

I am the beneficiary, settlor and protector.

The current Trustees are effecively retiring from the marketplace.

If, as protector, I appointed a UK Limited company which I owed in name and shares and the new Trustee, is this legal, or could I be seen as having a sham trust?

The domains and UK Registered Trademarks are in the trust as a) I want to retain some privacy as they are an investment in a hostile market sector and b) for asset protection.

Thankyou
confusedoldbloke
 
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Re: Could I be seen as having a sham trust?

Postby Lee Young on Sat Jun 05, 2010 9:16 pm

Does the limited company have within its objects the ability to act as a trustee?
Lee Young
Solicitor, Chartered Tax Adviser and Trust and Estate Practitioner


Partner, Frettens LLP
leeyoung@frettens.co.uk
01202 491701
Lee Young
 
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Re: Could I be seen as having a sham trust?

Postby confusedoldbloke on Sat Jun 05, 2010 9:55 pm

Lee Young wrote:Does the limited company have within its objects the ability to act as a trustee?


I was planning to have one setup as this, yes - a company limited by guarantee, so that it could not be argued that the trustees were receiving any benefit from being the trustees.
confusedoldbloke
 
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Joined: Fri Jun 04, 2010 11:24 pm


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