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Extending the Boundaries of Trusts and Similar Ring-Fenced Funds (Hardcover)
Loot Price: R8,932
Discovery Miles 89 320
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Extending the Boundaries of Trusts and Similar Ring-Fenced Funds (Hardcover)
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Virtually every jurisdiction is developing private international
law rules to deal with trusts and similar ring-fenced structures.
With the increasing impact of globalization, business interests
throughout the world are intent on maximizing the potential of such
structures for raising funds, lowering risks and cutting costs. As
a result, numerous complex issues involving the traditional
categories of settlor, beneficiary and fiduciary are being
radically transformed. This text offers analyses, by 16 authorities
in the field, of a broad range of trust-related issues. The many
insights in this book reveal the workings of such issues as: the
disappearing divergence between common law and civil law
jurisdictions in the matter of trusts; using the segregated fund
concept to manage the risk of insolvency; the demise of the
"amateur trustee" in the charitable trust sector; why loss to the
fund supersedes particular losses of beneficiaries; the legal
dimensions of hiding ownership by "giving" property to trustees;
the intervention of public policy in questions of perpetuity; the
selective imposition of OECD and FTF transparency initiatives on
offshore jurisdictions; and "policing" of trustee behaviour by
beneficiaries. Lawyers, bankers and others dealing with investment
and business finance should find much information as well as food
for thought in this book, as should those involved in the
traditional trust industry, whether as trustees or lawyers or fund
managers. Most of the essays in this collection were originally
prepared for presentation at a conference held in 2001 at King's
College London.
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