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Doing Business in - JHI

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<strong>Do<strong>in</strong>g</strong> <strong>Bus<strong>in</strong>ess</strong> <strong>in</strong><br />

Liechtenste<strong>in</strong><br />

Existence<br />

The trust starts to exist upon signature of the agreement<br />

(trust deed) by the settlor and the trustee or by means of<br />

a trust letter. The registration <strong>in</strong> the Public Register<br />

(<strong>in</strong>stead of deposition) does not have a constitutive<br />

Registration or Deposition<br />

In so far as it is compulsory to register the trust <strong>in</strong> the<br />

Public Register the follow<strong>in</strong>g <strong>in</strong>formation must be<br />

provided: date of formation, name of the trust<br />

settlement, duration (up to 100 years), name and<br />

domicile of the trustees. The beneficiaries and the settlor<br />

effect. The registration of a trust with a duration of more<br />

than one year is compulsory.<br />

are not disclosed. As an alternative to registration the<br />

trust deed can be deposited at the Public Register. In this<br />

case, the existence of the trust settlement is not evident<br />

<strong>in</strong> any register and <strong>in</strong>spection is only possible upon proof<br />

of an entitled <strong>in</strong>terest.<br />

Trust Property<br />

There are no requirements concern<strong>in</strong>g the m<strong>in</strong>imum trust<br />

property (donation of assets).<br />

Adm<strong>in</strong>istration<br />

The trustees are obliged to adm<strong>in</strong>ister the trust’s assets<br />

<strong>in</strong> their own name for the benefit of the beneficiaries.<br />

Nevertheless, the trustees are responsible for the assets.<br />

Beneficiaries<br />

The settlor may be a beneficiary, but the trustee may not<br />

be the sole beneficiary.<br />

If there is no recognisable reference to beneficiaries the<br />

law assumes that the settlor himself is the beneficiary.<br />

Please refer also to the comments <strong>in</strong> the General section.<br />

Supervisory Bodies<br />

In order to control the observance of the provisions <strong>in</strong><br />

the trust deed an auditor, a protector, a curator or a<br />

collator may be appo<strong>in</strong>ted (as described <strong>in</strong> the case of<br />

the foundation under Govern<strong>in</strong>g Bodies).<br />

PAGE 16 |<br />

DOING BUSINESS IN LIECHTENSTEIN

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