Lawmakers have passed the Corporate Transparency Act (CTA) to help in the ongoing fight against fraud, corruption, terrorism financing, and money laundering. The CTA contains significant new federal reporting obligations, and it may have an especially onerous impact on estate planning for those who accomplish their planning goals through the use of one or more business entities.
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Once the private trust company’s (PTC) governance structure is designed, the foundational operations and administration elements will be central to bringing the PTC to life. Three key elements toward that end include reducing PTC complexity through documentation and recordkeeping; maintaining the PTC through communications and compliance; and preparing the PTC for long-term success through the delegation of duties.
A solid governance structure is critical to any private trust company’s long-term success. Through a thoughtful review that includes useful diagrams and outlines, learn the common elements of the PTC structure; the Board role and responsibilities; the Board attributes, composition, selection process, and succession planning; and additional considerations for selecting PTC committee members.
A private family trust company (PFTC) provides families with intergenerational governance over family assets and a private forum for decision-making. Without proper management, however, a PFTC can be exposed to costly litigation and the potential for significant liability. By developing and implementing policies that take into account the expertise and capacity of staff and external vendors, a PFTC can ensure it stays compliant and is able to safeguard the family’s assets well into the future.
A Dynasty Trust is often referred to as a family bank since it serves as a primary resource for the funding of the needs of a family's beneficiaries in successive generations. Given the unsteady economic times and tax uncertainty, there is no better time than now for wealthy families to establish a Dynasty Trust to achieve optimum results, including tax advantages, flexibility, and control.
The family enterprise provides a strategic framework for families to stay together and accomplish the shared goals of growing wealth and managing risks through the generations. Within the enterprise, the Private Trust Company (the PTC) provides a beneficial mechanism to support the enterprise and the family’s growth and development. In addition to managing trustee duties, a PTC can institutionalize the family ownership and governance functions and may invest in the development of capable trustees and knowledgeable beneficiaries.
Originating in English common law, trusts have been used for centuries to manage holdings of the wealthy. Even though trusts are quite common, many people may find them hard to understand. Having an introduction to the trust basics is a good place to begin and learn how trusts are used in wealth management plans to help provide financial support for family members, protect family assets from a myriad of risks, and help mitigate taxes.
The Board of Directors plays a pivotal role in the effective governance of any organization, including the private family trust company. Board members fulfill their roles and responsibilities, in part, by holding regular meetings that utilize a comprehensive agenda. One vital tool for an effective Board meeting is the meeting agenda. Here, ten suggestions are provided for developing and utilizing meeting agendas that will lead to more productive, efficient, and educational board meetings.
Private trust companies (the PTCs) are not a new phenomenon. Rather, they have increased dramatically in number over the years, with hundreds of major, family-controlled trust institutions now operating in the United States. This article addresses why the number of PTCs has been growing; describes its typical organizational structure; and discusses certain legal and practical considerations that a family should address when exploring a PTC.
In nearly every discussion about estate planning, important questions and issues arise. If couples arrive in their attorney’s office having already thought about these issues—including assessing the level of financial management skills their beneficiaries should possess, how to communicate to their children about their hopes and expectations about the use of family wealth, whether to leave assets to their heirs outright or in trust, and how much to leave to charity—estate planning discussions will go more smoothly and couples will feel more confident in their decisions.