Cerisse Fisher

Whether set up for asset protection purposes, as part of succession or tax planning, or for family governance or confidentiality reasons, offshore private wealth structures are common and often large and complicated.

We assist wealthy individuals, family offices, family-controlled businesses and entrepreneurs, often working alongside their trustees, bankers, tax advisors, accountants and other professional advisers, with the legal support needed within private wealth structures. We work with a broad range of vehicles including family investment companies, family limited partnerships, trusts and foundations.  

We can assist with all legal aspects of establishing, operating, restructuring, funding/leveraging, relocating and winding up such vehicles.  

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We advise internationally based companies and trustees on the establishment and operation of employee incentive schemes, addressing issues such as the funding and structuring of awards as between sponsoring employer and trustee, treatment of dividend entitlements for share awards and the formulation of the beneficial class of employee benefit trusts (EBTs) having regard to international legal and taxation requirements.

Changes of trustee documents (DORA or IORAs) usually contain indemnities from the incoming trustee to the outgoing trustee which are often hotly negotiated and can be complex. A change of trustee also presents a good opportunity for the incoming trustee to undertake a due diligence exercise by reviewing the trust documents, ensuring that the previous chain of trusteeship is intact and ensuring that the outgoing trustee ratifies or rectifies any flaws in the trust or the trust documents before the trusteeship is handed over. We have considerable experience in narrowing the issues in these negotiations. We are also well versed in assisting our trustee clients in mitigating risk by spotting (sometimes very significant flaws) in trusts before they are taken on and by ratifying previous discrepancies in a commercial manner – commonly without necessitating the involvement of the court.

In a climate of increased transparency for structures, it is important for trustees to ensure that they have sufficient policies, procedures and processes in place in order to report the correct data to the correct authority at the correct time. This has been particularly challenging for some of our smaller independent trustee clients who do not have a dedicated compliance team.

Many individuals think of the traditional trust as being the best way to manage their estate planning needs and are unfamiliar with the alternatives that are available. These include foundations, private family funds, and increasingly, the family limited partnership (FLP). While initially developed offshore, the FLP was harnessed and developed offshore in the Channel Islands as a flexible investment structure and a viable alternative to the traditional trust due to its ability to transmit wealth to younger generations while allowing family heads to retain a sensible level of control. This is particularly important for clients using the FLP to transfer the family business or 'golden egg', where a loss of control is undesirable. An FLP is flexible enough to allow a very bespoke agreement to be out in place to meet the often very detailed and personalised demands of clients.

Dubai has no specific pensions law as such but Dubai-based companies do need to plan for and fund end of service gratuity payments. Instead of a pension, local laws require companies to make a severance payment when employees leave the business This can be a significant liability to fund and can often come at the most unwelcome of times such as during an economic downturn. Companies who have failed to set money aside to meet these payments have historically been unable to afford to reduce headcount as they have not planned or budgeted for severance payments.

Although it is difficult for some smaller firms to set money aside to fund their entire historic liability, it is never too late to start setting aside at least some provision for this potentially large liability. If done well, these end of service schemes can be self-funding and can also achieve a company's ESG aims by investing in very worthy causes both within the region and more widely.

Alongside companies and wills, family trusts are still a very popular tool for estate planning and asset protection – perhaps even more so in the light of the envisaged changes to the UK non-domiciled regime. Family foundations are proving to be a popular new tool for families looking to ensure their wealth and assets are protected for future generations. We establish trusts and foundations for local and international families to preserve family businesses and ensure appropriate succession planning. We work closely with tax advisers in order to ensure that any new family trust or foundation fits with a family's overall tax position and will be a workable long term, cost efficient structure. Discretionary trusts are still the most popular but we can also advise on fixed trusts, will trusts and pension trusts.

The role of a modern trustee has never been more complex. Trustees must satisfy the needs and desires of their beneficiaries, manage complex assets and navigate an ever-changing legal and regulatory landscape.

We know that trustees can need assistance and advice on how best to satisfy their duties and to meet their legal and regulatory obligations. We understand and have a great deal of experience in working with trustees to get ahead of any potentially difficult situation and resolve it in a way that minimises risk and conflict.

We advise internationally based companies and trustees on the establishment and operation of employee incentive schemes.

We address issues such as the funding and structuring of awards as between sponsoring employer and trustee, treatment of dividend entitlements for share awards and the formulation of the beneficial class of employee benefit trusts (EBTs) having regard to international legal and taxation requirements.

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When considering a move offshore, it's essential to seek advice from experienced advisers who know the market inside out.

Our partner-led real estate team regularly helps newcomers in acquiring new homes and/or business premises and guiding them through the relocation process. We act for many high-net-worth individuals and high-value residents.

We believe that communication and responsiveness are the key to a stress-free experience which is why we're always on hand to listen, offer assistance and pick up the phone to keep you informed at every stage of your move. We are consistently praised by clients for our calm, proactive and hands-on approach, ensuring all transactions are completed as swiftly and smoothly as possible.

Some of our people have first-hand experience of relocating themselves, affording them a unique insight into the challenges and opportunities you are likely to face.

We can assist you or your company with all forms of certificates and permits and out-of-scope applications, specifically short-, medium- and long-term employment permits, out-of-scope applications, permanent residence certificates and residence permits.

We can also assist with indefinite leave to remain, tier 2 visas, entrepreneur visas and British citizenship.

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As the global legal and regulatory landscape becomes ever more complex, managing wealth across generations, succession planning and transferring control of assets has never been more challenging. That's why it's important to work with lawyers who can offer solutions that are tailored to your unique circumstances.

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When considering a move offshore, it's essential to seek advice from experienced advisers who know the market inside out.

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Private trust companies (PTC) and private trustee foundations (PTF) are an ideal solution for clients wanting to divest themselves of ownership while still retaining a level of control. A PTC, or its most recent incarnation, the PTF, is a corporate vehicle which is used by a family in place of a professional trustee so that the family themselves can control the board of the trustee and thereby control the underlying assets.