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;...
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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 u...
Successful strategic growth planning occurs when a company identifies opportunities for growth and then focuses its organization to be efficient and effective in the pursuit of those opportunities. Having proper preparation and governance is key to reach and sustain that success. This e-book will help jump start a company’s move towards that journe...
There are various laws and issues to take into account when considering a state in which to form a Private Trust Company, including requirements around annual reporting, residency of personnel, and capital requirements. This report provides a side-by-side comparison of state PTC laws across key states: Ohio, Florida, Texas, and Tennessee.
When it comes to effectively transferring assets, the Grantor Retained Annuity Trusts (GRAT) is a popular estate planning strategy that can reduce the tax liability. In this interview, three attorneys discuss the benefits of GRAT and the securities law case, Donoghue v. Smith, involving that strategy.
Trusts are valuable tools frequently used to transfer wealth within families, preserve and protect wealth, and reduce taxes. Understanding trusts and the role of the trustee is important for the people establishing trusts and the beneficiaries of those trusts. Building on this foundation, answers are provided to some questions about trusts and trus...
The notion of how to build trust in business is changing—fundamentally and rapidly. Due to powerful demographic shifts, most of today’s customers and employees hail from generations—the millennials and gen Z—whose values differ from those of baby boomers. At a basic level, the formula for building trust is expanding. When it comes to the new measur...
Generally, parents lose access to their child’s health and financial information once the child becomes a legal adult at the age of 18 unless certain steps are taken. To this end, here is a list of seven essential legal documents for parents to complete when their children turn 18 and before they go to college or leave home for ...
Being asked to oversee a family trust is a big deal. It’s a huge responsibility, and one you may not feel prepared to accept. Even if you’ve participated in or been exposed to the world of trusts, you may not have the knowledge or skills to be an effective trustee right now. The first step in deciding whether to accept this role is to learn more ab...
With the rise of the Tax Strategist, a trend is taking shape past the normal tax planning: Tax leaders who use a strategic approach are becoming key contributors to driving positive business performance. To uncover what’s behind this trend, tax executives were surveyed about their involvement in overall decision-making, as well as their top priorit...
In collaboration with a consortium of interested parties, including Holland & Knight attorneys, the Tennessee legislature has made significant strides toward securing and maintaining the state’s status as one of the leading jurisdictions for trust administration. These efforts have resulted in more consequential improvements to the Tennessee’s ...
People are critical to a family office’s long-term success. However, recruiting top talent continues to be a great challenge when there’s a shortage of top talent in a tight labor market. Compounding the problem, many family offices lack robust training and development plans to prepare next-generation family members and existing employees to step i...
Simply because the instrument governing your trust states that it is irrevocable and cannot be amended does not mean it cannot be modified to serve your family’s needs in a better fashion. Delaware law offers an array of options—administrative amendment, decanting, a nonjudicial settlement agreement, consent modification, trust merger, and judicial...
Beginning with the trustee fiduciary duties to the beneficiaries of a trust, attorney Abbey Magnuson of Foley & Lardner’s Estate & Trusts Practice Group discusses ways to mitigate trustee liability in this 10-minute interview with Brian Lucareli. Abbey also emphasizes the role Family Offices play in the administration of trusts and how they...
Strategy is often thought of as an art form—an unstructured, intuitive exercise propelled by inspiration and brilliance. However, just like finance, operations, or marketing, strategy is a functional discipline with tools, frameworks, processes, best practices, and metrics. This checklist is end-to-end process for developing and executing a comp...