The following Pensions Q&A Produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:
This Q&A asks whether there are any restrictions on, or tax consequences as a result of, trustees of UK-based pension scheme being resident out of the jurisdiction.
As a general rule, anyone can be appointed a pension trustee, provided:
in the case of an individual, they are over 18 and have mental capacity
in the case of a company, it is consistent with its constitutional documentation
in either case, they are not disqualified by reason of section 29(1) of the Pensions Act 1995 (PA 1995), namely they or a director
have not been convicted of any offence involving dishonesty or deception
have not been made bankrupt, subject to a debt relief order or made an arrangement with their creditors
have not been disqualified as acting a director, and
in either case they are not prohibited pursuant to an order of the Pensions Regulator under PA 1995, s 3
Subject to that, there is no reason in principle why an individual or company r
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