Virgin Islands Declaration of Trust

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Description

This document is a 53-page Declaration of Trust. It includes definitions of all relevant terms, as well as the constitution, capital accounts, valuations and prices, issue of units, register of unitholders, transmission, redemption of units, and every other necessary clause that constitutes a valid Declaration of Trust.

The Virgin Islands Declaration of Trust is a legal document that outlines the creation and management of a trust in the Virgin Islands jurisdiction. This type of trust is a popular choice for individuals looking to protect their assets and ensure the efficient transfer of wealth to beneficiaries. Key components covered in the Virgin Islands Declaration of Trust include: 1. Settler: The person who creates the trust, also known as the granter or trust or, transfers their assets to the trust. These assets can include real estate, investments, cash, or personal property. 2. Trustee: The appointed person or entity responsible for managing the trust assets and ensuring they are used in accordance with the terms of the trust. The trustee has a fiduciary duty to act in the best interests of the beneficiaries. 3. Beneficiaries: Individuals or entities who are designated to receive benefits or distributions from the trust. Beneficiaries can include family members, charitable organizations, or other entities specified by the settler. 4. Trust Property: The assets transferred into the trust, which may include businesses, investments, real estate, bank accounts, or any other valuable assets. 5. Purpose: The specific objectives and goals of the trust, which can vary based on the needs and preferences of the settler. Common objectives include wealth preservation, minimizing estate taxes, providing for family members, or supporting charitable causes. Types of Virgin Islands Declaration of Trust: 1. Revocable Trust: This type of trust allows the settler to make changes or revoke the trust during their lifetime. It offers flexibility and allows for easy amendments as circumstances change. 2. Irrevocable Trust: Once established, an irrevocable trust cannot be modified or terminated without the consent of the beneficiaries. It provides greater asset protection and potential tax benefits, but restricts the settler's control over the trust. 3. Charitable Trust: A trust set up to provide financial support to charitable organizations or causes. This type of trust offers potential tax advantages for the settler while benefitting the specified charitable endeavors. 4. Asset Protection Trust: Designed to shield assets from potential creditors while still allowing the settler to benefit from the trust. The Virgin Islands jurisdiction is known for its robust asset protection laws, making this type of trust popular among individuals seeking to safeguard their wealth. In summary, the Virgin Islands Declaration of Trust serves as a legally binding agreement that establishes the rules and regulations for the administration and management of a trust established in the Virgin Islands. Whether it's a revocable trust, irrevocable trust, charitable trust, or asset protection trust, individuals and organizations can utilize these types of trusts to protect their assets, plan for the future, and achieve specific financial goals.

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FAQ

A declaration of trust, or nominee declaration, appoints a trustee to oversee assets for the benefit of another person or people. The declaration also describes the assets that are to be held in the trust and how they are to be managed.

It's a legal document, also referred to as a deed of trust, which records the financial arrangements between everyone who has a financial interest in the property. This could be necessary if you're buying as a joint owner or getting help from someone else, such as a parent.

Trusts are generally created by a private document to which the settlor, the trustees and any protector are the only parties. The trust instrument does not have to be filed with any public body in the BVI, and information relating to the trust is not accessible by the general public.

The most common example of when a declaration of trust is used is the situation where an adult son or daughter borrows money for a deposit on a first house from his or her parents. The parents may have a mortgage already, and the terms of that mortgage prevent them from borrowing under another.

Three certainties Certainty of intention: it must be clear that the testator intends to create a trust. Certainty of subject matter: it must be clear what property is part of the trust and property, including sum of money, cannot be separated. Certainty of objects: it must be clear who the beneficiaries (objects) are.

Local Requirements BVI trusts are subject to a US$200 Trust Duty payable on the execution of the trust deed. BVI trusts are exempt from all local registration requirements and all BVI taxes if the trust Beneficiaries are not residents of the BVI.

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... Virgin Islands (hereinafter called the “Beneficiary”). AND. Li Han Xun (PRC ID: 440104198108282513) of Room 13D, Hua Hui Building, Zhao Hui Court, 8-12 Tian ... Oct 1, 2018 — This memorandum has been prepared for the assistance of clients considering creating a trust in the British Virgin Islands.a Company incorporated in British Virgin Islands and having its registered office situated at British ... transfer and to complete the same in any other ... The trust instrument will contain a declaration by the trustee that it holds the trust fund for the benefit of the unitholders and will administer that property ... unless a charitable or purpose trust? The US Virgin Islands trust law is contained in Chapters 57 and 59, Title 15 of the Virgin. Islands Code. Where the ... Mar 1, 2023 — 1.2 The Beneficiaries of the Trust are the People of the Virgin Islands generally. ... out the provisions of this Declaration of Trust, the ... Testate is the legal term that refers to the estate of a deceased person who leaves a will. Will is a written declaration of a person's wishes concerning the ... Domestic Business Trust of [Insert Name of Company]. 2. DECLARATION. 2.1. The Company and the Trustee hereby declare, and the ... Instruments of. Settlement and Declarations of Trust frequently specify that the trust shall be governed by BVI law. The principal statute in the BVI governing ... (a) the law of any foreign jurisdiction prohibits or does not recognise the concept of a trust, or. (b) the Virgin Islands trust or the disposition—. (i) ...

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Virgin Islands Declaration of Trust