Publications
Author / Peter Lu‧呂旭明會計師、Max Lu‧呂嘉昕信託師
U.S. Trust and Estate Planning 美國信託規劃實務(英文部分)
Chapter 5 The Rise of the Global Family Office
When establishing a U.S. family trust, are there additional professional staffing requirements?
Wealth Creators with considerable net worth should also consider establishing a U.S. family trust (the types and steps have been described at length in previous chapters). When establishing a familial trust, the family’s Family Office is particularly important. A properly staffed Family Office, for the purposes of establishing a trust, should include:
  1. A U.S. Trust Attorney, who typically drafts the trust agreement.
  2. A U.S. Tax Attorney, who typically analyzes the tax effect of the family trust.
  3. A U.S. Certified Public Accountant (CPA), who can complete and submit applicable and required U.S. tax forms and disclosures.
  4. A Local Certified Public Accountant (CPA), who resides in the Grantor’s resident country and can analyze the local tax effects of establishing a U.S. trust.
  5. A Local Attorney, who can analyze the legal ramifications of transferring certain assets into a U.S. trust in the Grantor’s resident country.
  6. A Compliance Secretary, who can manage the transfer of funds from Asia to the U.S. along with any required Know-Your-Client (KYC) paperwork.
  7. A Specialized Secretary, who can manage offshore companies (typically established in the British Virgin Islands (BVI) or the Cayman Islands).
  8. One or more Financial Advisors, who can manage investments in Asia and in the U.S.
  9. A United States trust company that is able and willing to act as trustee of a family trust. United States Trust Company, which mainly serves Chinese, should preferably have Chinese communication skills; All trust establishment documents (including trust contracts) can be provided in both English and Chinese; The trust professionals are also bilingual in English and Chinese, so as not to misunderstand the meaning of family trust.
Since the process of establishing a family trust typically can take anywhere from 6 months to several years, it is extremely important that all parties maintain open communication and are synced to the client’s particular needs and circumstances.