Trust Solutions

Family Trust

This trust is your safe haven for structuring. This is where all valuable items are kept, provided that they are not subject to finance. The reason for this is that the Family Trust should not incur any debt, undertake any obligations or have any claim against it - this is what your other trust(s) are for. Such items, worthy of safeguarding, include cash, furniture and other items, investments (e.g., jewellery, artwork, collective investment schemes, commodities, policies, property, etc.) long-term insurance policies, intellectual property, vehicles, etc. This is the vehicle utilised to store your wealth.

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Share Trust

This Trust, like a Property Trust, is designed with a riskier approach and business in mind, holding shares in companies holding the assets. Although the companies usually leverage debt to acquire such assets, and record income and expenditure in their operations, it is not uncommon that this trust is found to stand as surety in favour of those companies. This is in contrast to a Family Trust that usually simply holds assets and does not incur any liabilities.

It is common to find that the operations of this type of trust will be funded by the Family Trust, insofar as external financing is not being utilised. The movement of money within the investment structure, although relatively simple, must be undertaken with some care to avoid unintentional tax liability. One would typically do so by way of a loan or capital contribution, repayable to the family trust with interest or a return on investment.

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Property Trust

Also known as a business/trading/operating Trust, this Trust is designed with a riskier approach and business in mind, holding certain assets directly, leveraging debt to acquire such assets, and recording income and expenditure in its operations. This is in contrast to a Family Trust that usually simply holds assets and does not incur any liabilities.

It is common to find that the operations of this type of trust will be funded by the Family Trust, insofar as external financing is not being utilised. The movement of money within the investment structure, although relatively simple, must be undertaken with some care to avoid unintentional tax liability. One would typically do so by way of a loan or capital contribution, repayable to the family trust with interest or a return on investment.

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Business Trust

  1. A business trust is run by the trustees and has beneficiaries, much like any other trust. A business trust is governed by a Trust Deed, assented to by all trustees. The Trust Deed regulates the trust by outlining the object and purpose of the trust, as well as the responsibilities and powers of the trustees. The Trust Deed empowers the Trustee to operate and control the business interest, thus conducting business on behalf of the trust. The operation of the business entity is the distinguishing factor in relation to ordinary trusts. A business trust is essentially a legal vehicle which owns and operates a business entity.
  2. All trusts offer legal protection by way of creating legal separation between the entity and the individuals (trustees and beneficiaries). The trust is used to create a barrier of protection, thus safeguarding the individuals, as well as the business, from creditors, taxation and other liabilities.
  3. A business trust is not limited in terms of the number of beneficiaries, be it an individual or an organisation.
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Trust Solutions

Trusts, if utilized proficiently and for the right purpose, form an invaluable tool for any investor creating a legacy.

How We Can Help You:

  • Registration and administration of Family, Share and Property Trusts
  • Tax Planning
  • Appointment in the fiduciary position of Independent Trustee
  • Risk management and legal support
  • Bookkeeping and accounting
  • Registration and administration of B-BBEE, Charitable and Special Trusts
  • Non-Profit Organization tax advisory
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Trusts, a basic overview of what a Trust is and how it operates
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Property investment structure, a look at protection, tax and financing

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"Planning is bringing the future into the present so that you can do something about it now."

- Alan Lakein

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