Governance issues

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Practice notes
When you advise an individual on cross-border issues or offshore tax planning, it is important to establish the 'situs' (ie location) of the assets...
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9th Nov
Precedents
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
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9th Nov
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
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9th Nov
Practice notes
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
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9th Nov
Practice notes
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
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9th Nov
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
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Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan
Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
Practice notes
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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9th Nov
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
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9th Nov
Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
Practice notes
A lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...
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9th Nov
Practice notes
CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...
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9th Nov
Practice notes
What is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the settlor and beneficiary of the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 12th Jan
Practice notes
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or...
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9th Nov

Most recent Governance issues content

Practice notes
Much of the information reported in a charity's accounts and filed with the Charity Commission is accessible on the Commission's public register of...
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9th Apr
Practice notes
In the context of how a charity is to be governed, its constitution is of fundamental importance. After the structural format of the charity has been...
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9th Apr
Practice notes
This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on charities and provides answers or guidance on some of the main...
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9th Apr
Practice notes
According to the Charities Act 2011 (CA 2011) the expression 'charity trustees'means the persons having the general control and management of the...
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9th Apr
Practice notes
Charities want to borrow funds for many purposes, even if just to assist in cash flow situations or, perhaps, for investment purposes. However, apart...
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9th Apr
Practice notes
This Practice Note considers contracting authority under the law of England and Wales, which is an essential component of contract formation. It...
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8th Apr
Practice notes
Charities can adopt a variety of different legal forms or structures. A charity’s governing documents will depend on the form or structure adopted. A...
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8th Apr
Practice notes
Coronavirus (COVID-19) IMPACT: Certain aspects of the PSC regime are affected by temporary measures introduced to mitigate the consequences of the...
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8th Apr
Practice notes
Coronavirus (COVID-19) IMPACT: Certain aspects of the PSC regime are affected by temporary measures introduced to mitigate the consequences of the...
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26th Feb
Q&As
The two main categories of entity that should be recorded on a PSC register are registrable individuals with 'significant control' (as defined in...
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15th Feb
Q&As
If a charity has raised money for a stated purpose, it is required to use those funds in accordance with that stated purpose. For further guidance on...
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22nd Jan
Q&As
Provided a charity has power to borrow, it may do so without securing the Charity Commission’s consent. See Practice Note: Borrowing by charities.If a...
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Produced in partnership with Sam Mcdonald of Farrer & Co 8th Jan
Q&As
Many charities will have board or general meetings scheduled over the coming months and be wondering what steps should be taken to observe social...
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26th Dec
Q&As
A Royal Charter corporation has all the powers of a natural person, including the power to sue and be sued in its own right. There are some 900...
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24th Dec
Precedents
This Deed of adherence made this [insert date of Deed]Parties1[insert name of New Trustee] ('the New Trustee')2[insert name of Lender] ('the...
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29th Nov
Q&As
This Q&A is limited to cover changes to the governance documents of an unincorporated charity.Every charity must have purposes that are exclusively...
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29th Nov

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