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Trust Administration Services

Independent Trust and Trustee Services

Capital Conservator offers several kinds of trust administration and trustee services to its customers. These include:

• fiduciary trust and foundation management services; or,
• nominee trust and foundation management services; or,
• the creation of customer own trustee companies

Fiduciary trust and foundation management services are used when the customer wishes to have Capital Conservator provide independent trustee services, whereby the trustee is bound under fiduciary duty to operate solely pursuant to the terms of the foundation or trust formation documents. This kind of trust administration is most often used when the customer wishes to create a trust that will survive his death and operate in place of a last will and testament. Fiduciary trust administration is required by the tax laws of most countries in order to legally exempt trusts from taxes. (Even fiduciary trust administration does not provide tax relief for US persons. More advanced offshore structures are required to gain that benefit. Capital Conservator has more than 20 years experience in creating such structures for US persons.)

Safeguards can be put in place to ensure that an independent trustee does not violate his position. These can include the appointment of a "Protector" who is empowered to veto trustee actions, or even remove the trustee. Additionally, any assets held by the trust or foundation are inevitably held in the name of an offshore company, which is wholly owned by the trust or foundation. As such, the customer could even be appointed as the director or chief executive of such a company.

In some jurisdictions, New Zealand for example, it is important to hire a resident "qualified" trust manager in order to guarantee tax exempt status. Capital Conservator has existing contracts with well qualified trust managers wherever required.

Nominee trust and foundation administration services are used when the customer wishes to shield his identity from third parties, but chooses to make all of the substantial decisions himself regarding trust and foundation operations. While this is the most common form of trust administration, trusts may have tax implications for customers in the unlikely event that the internal workings were to be revealed to tax authorities.

Capital Conservator can also organize trustee companies which customers can own and/or control directly or indirectly. In New Zealand, for example, such a trustee company can be used as the trustee of a non-resident New Zealand tax free trust.

Capital Conservator can also provide a wide range of fiduciary and nominee services for companies, trusts and foundations (including the Panama Private Interest Foundation); through its trust company and its affiliated qualified professionals