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IN166 - Forming a Managed Trust Company in Switzerland
Many banks, accountancy, legal, fiduciary and financial service firms consider creating their own trust company in another jurisdiction, but conclude that the expense involved in setting up such an operation cannot be justified, in particular where the business is a new business without critical mass.
An alternative is to establish a managed trust company. The benefits of an in-house trust corporation can then be enjoyed without incurring high initial set up costs. Dixcart is able to assist in creating a managed trust company in the highly regarded jurisdiction of Switzerland.
Benefits
- The parent firm of the managed trust company would generate additional income as clients would pay for consulting support. The firm would also benefit from the profits generated through the management of the companies and trusts.
- The set up costs are greatly reduced when compared to establishing a dedicated trust company. This is due to the fact that expenses such as renting premises, recruiting staff, etc. need not be incurred.
- The firm establishing the managed trust operation is able to market a wider range of services to its target market.
- The managed trust company can have the same name as the parent firm. This is beneficial in terms of continuity for clients.
- A managed trust company established by Dixcart would be administered by professional, qualified staff with experience in international business.
How Does the Managed Trust Concept Work?
The firm wishing to establish a managed trust operation would incorporate a subsidiary company in Switzerland to act as a trust company. Under Swiss regulations, the management of such a managed trust operation must take place in Switzerland. A professional service firm such as Dixcart, would administer the managed trust company on behalf of the parent firm using their own qualified, professional staff.
Regulation in Switzerland
Although trusts have been broadly recognised under Swiss law for a number of years, the ratification of the Hague Convention on Trusts and amendments to Swiss legislation on July 1st 2007 have improved the environment for the establishment and management of trusts and increased the appeal of Switzerland as a location for the provision of trustee services.
Trusts themselves do not exist as a legal entity, but foreign trust law is recognised by the Swiss authorities.
There are no specific licensing agreements or regulatory framework for Swiss trustees. Swiss anti-money laundering regulations must however be observed and financial intermediaries have to be registered with a Swiss authorised compliance organisation. The reason for such registration, is to help prevent money laundering and to oblige financial intermediaries to report suspicious transactions.
Information regarding the beneficial owner of the professional firm and the financial position of the parent is required, as well as a copy of the Management Agreement and a detailed business plan. This information must be retained at the managed trust company office in Switzerland.
Taxation
Under Swiss law, a trust is not considered a legal entity in Switzerland for taxation purposes, even if the administrative office and trustees are in Switzerland. A trust with a non-Swiss settlor or beneficiaries is not therefore subject to taxation in Switzerland.
Fees/Costs
The fees to be charged by the managed trust company will be determined by the parent company through agreements with clients.
Fees charged by Dixcart for the management of the trust company and its clients, will either be fixed (dependent on services provided) or calculated on a time occupied basis.
Generally Dixcart recommends that formation fees, directors’ fees, trustee fees, and registered office fees are billed as a fixed cost, with administration being charged on a time occupied basis. The managed trust company will generally recharge the costs to clients with a profit element remaining in the trust company for the benefit of the parent company.
Summary
The establishment of a managed trust company provides many of the potential benefits enjoyed through operating a dedicated trust company without the associated costs of establishing a new office.
Additional Information
If you would like more information on this subject please contact Christine Breitler at Dixcart Corporate Services Sárl in Geneva, or contact us.