观点 | Opinion CHINA OFFSHORE
Member Contribution
多维度透视：为何香港是 设立信托的理想地？
Multiple Perspectives: Why is Hong Kong the Ideal Place for Trusts? Catherine Le Bourgeois, Wilson Yeung
Wilson Yeung 杨维信是 Masson de Morfontaine Ltd 的国际税务总监。他是一名注册会计 师和注册税务师，擅长于个人及企业 国际税收筹划及转让定价。 Wilson Yeung is the International Tax Director of Masson de Morfontaine Ltd. He is a qualified accountant and certified tax adviser specializes on international tax planning and transfer pricing for individual and corporate clients.
The Current Legal Framework of Hong Kong Trust The Trust Law (Amendment) Ordinance 2013 ("the Ordinance"), which aims to modernize Hong Kong's trust laws, became effective on 1 December 2013. The Ordinance states that its main objective is to amend the Trustee Ordinance and Perpetuities and Accumulations Ordinance to extend trustees' powers in certain aspects, impose a statutory duty of care on trustees, provide for the validity of certain trusts, abolish the rule against perpetuities, and change the rule against excessive accumulations of income.
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China Offshore Trusts & Foundations Guide 2015
The major changes include (i) extension of trustees' powers to take certain actions, where the trust deed does not provide for it; (ii) introduction of a default provision on statutory duty of care on trustees; (iii) imposition of statutory controls on trustees’ exemption clauses; (iv) provision of a court-free process for the appointment and retirement of trustees on beneficiaries’ directions; (v) provisions against forced heirship rules; (vi) abolition of the rule against perpetuities and excessive accumulations of income; (vii) inclusion in the trust of provisions reserving powers relating to investment and asset management functions which will not invalidate the trust.