Professional TRUSTEE SERVICES PARTNERS IN MANAGING YOUR WEALTH

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1 Professional TRUSTEE SERVICES PARTNERS IN MANAGING YOUR WEALTH

2 St. James s Place Trust Company Jersey Limited S t. James s Place Trust Company Jersey Limited ( the Trust Company ) was established in recognition of the important role that trusts play in financial planning for families and individuals. The Trust Company offers an extensive range of solutions for the clients of St. James s Place which will evolve to meet their changing requirements. Key to many of these solutions is the appointment of appropriate trustees who will take control of the day-to-day administration of these structures and ensure that the settlor s objectives and wishes are considered in the context of their fiduciary responsibilities. In performing this role, trustees need to understand and be sympathetic to the settlors wishes, whilst seeking to accommodate the often divergent needs of the beneficiaries. It is also essential that the trustees understand the relevance of tax and legal implications. St. James s Place Trust Company Jersey Limited is an international business specialising in the provision of trustee services from offices in Jersey, and through partners and associates in other jurisdictions. The Trust Company prides itself on the provision of intelligent, proactive and informed trustee services for private individuals, and their families working with their professional advisers. This highly professional approach is made possible due to the wealth of expertise of the Trust Company s directors and senior staff, all of whom are qualified lawyers and trust professionals with many years of experience and a background in advising private clients. They operate within a culture of proactivity and innovation, coupled with integrity and honesty, adding value wherever possible and ensuring a continuing and rewarding working relationship with all the clients professional intermediaries. 2

3 Why appoint a professional trustee? I t wasn t that long ago that the main attribute required of a trustee was to be trustworthy. However, with an increasing recognition of the complexity of a trustees role and responsibilities and the advent of increased regulation and litigation, the role of a trustee has taken on a whole new dimension. While one may be in no doubt as to the integrity of the family and friends who may be willing to act as trustees, one must ask this simple question: Does the prospective trustee possess the necessary skills and really understand their roles and responsibilities as trustees?. The following points summarise some of the key duties that a trustee will be expected to perform: Be fully conversant with and understand the terms of the trust. Regularly review the needs of the beneficiaries. Be sympathetic to the needs of the settlor whilst not compromising their responsibilities to the beneficial class. Ensure beneficiaries are treated fairly at all times. Act impartially and do not allow personal opinions and prejudices to influence actions. Ensure investments held by the trust are suitable and appropriately diversified. Periodically review the investments to ensure they remain appropriate. Seek advice from professional advisers who are appropriately qualified when making or reviewing investment. Consider tax implications for the trust, the settlor and beneficiaries. Avoid holding large amounts of cash unless it is required in the very near future (save where this is an investment decision). The exercise of all of these duties will require a trustee to use their professional judgement in the context of all the relevant circumstances before making a decision. To apply this judgement effectively requires experience and, in most cases, specialist training. 3

4 Our approach T he Trust Company s approach is to build continuing relationships with our clients, providing services to them and not to sell products. As a trustee, the company represents the interests of the beneficiaries and will ensure due regard is given to your wishes and guidance. In all cases these wishes are discussed in detail with you and placed on record. Should you wish to retain a degree of active involvement, this can be catered for by the inclusion of specific provisions within the trust or other documentation so as to balance your wish with the requirement for practical efficiency whilst preserving the integrity of the trust. We also seek to administer structures to minimise tax and other costs, whilst mitigating risk. We respect the need for discretion and confidentiality at all times. 4

5 A choice of services S t. James s Place recognises that the needs of every client will be different and the Trust Company therefore offers a range of services to cater for this. Fixed fee solutions Whilst every client s circumstances will be different, it is not unusual for clients to share some common needs and objectives. In recognition of this, we have developed a range of solutions that are offered on a fixed fee basis - the fees will be agreed and payable at the outset. This will include provision of the trust documentation. Solutions tailored to your individual needs Where circumstances require a bespoke solution, we offer tailored structures designed to meet individual needs. These are offered in conjunction with our legal partners, Speechly Bircham, Clarke Wilmott and Addleshaw Goddard. By working together, we are able to offer a number of specialist trusts and other structures which can be used to hold a more complex range of assets. Fees for these structures will be charged on a time spent basis. Please note that the advice provided by our legal partners is separate and distinct to that offered by St. James s Place. Assuming responsibility for existing trusts Where a trust is already in existence, consideration may be given to replacing the existing trustees with St. James s Place Trust Company Jersey Limited. To ensure this process is managed quickly and efficiently, we will meet with the clients and their professional advisors to deal with all of the legal formalities, together with the practical issues involved, following our appointment. Other specialist services In addition to acting as trustee, St. James s Place Trust Company Jersey Limited can provide administrative services in relation to a range of offshore structures including companies, partnerships and foundations. It should be noted that trusts are not regulated by the Financial Services Authority. 5

6 A personal wealth management service O ur objective is to ensure clients arrange holistic solutions to their wealth management needs. For this reason, our services are only available to clients of the St. James s Place Partnership. The St. James s Place Partnership is an elite group, made up of many of the most experienced, able and highly regarded professionals working in financial services today. Working in conjunction with the Partnership, we are able to provide a comprehensive range of services designed to help build and preserve wealth. We aim to combine wealth management advice of the highest quality with continuity of service, professionalism and integrity - all of the attributes that you would expect from a leading wealth management group. Given the specialist nature of this market, it is not unusual for a Partner to consult and, if necessary, introduce a colleague who specialises in this field. Similarly, Partners often work alongside their clients other professional advisers, including solicitors and accountants, providing a complementary service and a fresh perspective. Working with intermediaries Our in-house legal and trust expertise enables us to work well with our clients own specialist advisers. We speak their language in implementing their plans. These skills also allow us to provide expert administration in complex areas and to take an active part in planning and in anticipating the need for future action. 6

7 Establishing a trust in Jersey J ersey, the largest of the Channel Islands, enjoys close connections with the United Kingdom, whilst remaining a self-governing dependency of the British Crown. As a result, it enjoys complete autonomy in all matters of internal policy, including taxation and other legal issues. The finance industry in Jersey makes a significant contribution to the local economy and is regulated by the Island s authorities to preserve its reputation for security and financial probity. In addition, it has also contributed to the development of a highly qualified and experienced workforce. The legal system is strongly influenced by English law and has contributed to the development of sophisticated laws and regulations governing the operation of trusts. The Island is both politically and economically stable. It also enjoys a strong financial infrastructure, befitting its position as a leading centre for international finance. Its geographic location makes it an ideal location for the establishment of trusts by individuals resident in the UK as it benefits from well-developed communication links. Substance and financial strength T he St. James s Place Trust Company Jersey Limited is part of the St. James s Place Wealth Management Group, a provider of wealth management advice and services which we believe are of outstanding quality, available exclusively through the St. James s Place Partnership. The Group is part of St. James s Place plc, a public company listed on the London Stock Exchange. Its market capitalisation places it within the FTSE250. Our activities are regulated by the Jersey Financial Services Commission and are subject to independent external audit as well as a regular internal audit procedure. St. James s Place plc is regulated by the Financial Services Authority. Guaranteeing the Partnership s advice The St. James s Place Wealth Management Group guarantees the advice given by its representatives when recommending any of the products and services provided by companies in the Group. Expert advisers, a broad perspective of your situation, a lasting relationship and guaranteed advice - four distinctive benefits of the St. James s Place approach to wealth management. St. James s Place Trust Company Jersey Limited is regulated by the Jersey Financial Services Commission in the conduct of Trust Company business. 7

8 The St. James s Place Partnership and the titles Partner and Partner Practice are marketing terms used to describe St. James s Place representatives. St. James s Place Trust Company Jersey Limited is regulated by the Jersey Financial Services Commission in the carrying on of Trust Company Business. Registered Office: 15 Esplanade, St. Helier, Jersey, JE1 1RB. Registered in Jersey Number SJP3063-VR4 (08/11)

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