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{"id":159,"date":"2020-05-15T15:46:00","date_gmt":"2020-05-15T15:46:00","guid":{"rendered":"https:\/\/bostonmfo.com\/?p=159"},"modified":"2023-03-25T15:47:55","modified_gmt":"2023-03-25T15:47:55","slug":"the-role-of-a-private-trust-company","status":"publish","type":"post","link":"https:\/\/bostonmfo.com\/insights\/the-role-of-a-private-trust-company\/","title":{"rendered":"The Role of a Private Trust Company"},"content":{"rendered":"\n

In general terms, a Private Trust Company (\u201cPTC\u201d) is a special purpose vehicle established to act as trustee of a family trust or several related trusts. The board of directors of the PTC controls it and as such can direct the fiduciary function of trustee.<\/p>\n\n\n\n

The directors of the PTC will usually comprise family members, advisers to the family (e.g. lawyer, accountant, investment adviser) and several client directors from the client\u2019s family office or corporate service provider. The exact make-up of the board would be determined according to the client\u2019s wishes, along with legal and tax advice received.<\/p>\n\n\n\n

<\/a> Benefits of a PTC<\/strong><\/p>\n\n\n\n

Retention of control: <\/strong>Some individuals may be hesitant to cede complete control over their assets by settling them on a conventional trust and perhaps look to reserve certain powers within the trust deed. Whilst certain powers can be reserved to settlors, the more influence the settlor exerts the greater the risk of prejudicing the objectives of the trust. This is particularly prevalent in civil law jurisdictions where trusts are not widely recognised and the concept of relinquishing control over family assets may be alien. Nevertheless, the requirement to put effective succession planning in place is as recognised in these jurisdictions as in common law jurisdictions, especially where there are, for example, forced heirship rules or Sharia law considerations which make succession planning problematic.<\/p>\n\n\n\n

Succession planning:<\/strong> In respect of succession planning, the board of the PTC can be constructed to provide continuity through the involvement of family members and trusted advisers. Similarly, the board is likely to have a close understanding of the family business enabling more efficient and knowledgeable management of the trust\u2019s assets. Board members may be added or removed to keep in line with changing requirements of the family.<\/p>\n\n\n\n

Protection of family wealth and flexibility for the future: <\/strong>The PTC enables family wealth to be safeguarded through the generations. The structure also offers a controlled yet flexible way of distributing benefit for future generations, including:<\/p>\n\n\n\n