Use a UK trust to replace a nominee director and a nominee shareholder: establish a UK trust to protect the beneficiary owner of the limited company - how to protect the owner of a private company> is a frequently asked question. Establishing a UK trust with Coddan makes the beneficiary owner rather than the legal owner, and is one way to ensure that the owner's interests are well protected.
Form a trust in the UK to replace a nominee director and nominee shareholder: simply put, a trust is a mechanism for dividing the ownership of an asset into two sections - the legal ownership or title of the asset, and the beneficial ownership; that is, the owner who will profit financially from the asset. In a financial setting, by way of example, you may find a stockbroker who is the registered holder of the shares. If you wish to establish a trust or looking for a company formation, please contact us.
NEXT YEAR FROM £300.00
The first option of the trust establishment in the UK is the fastest process with online trust establishment, and printed documents as well.
The following benefits are included into this establishment of a trust in the UK package:
NEXT YEAR FROM £900.00
This UK trust establishment package is especially for clients, who are requiring establishing a trust with a registered address, local agent & a nominee trustee; bank account upon request.
This UK trust establishment offer includes everything in the first option, together with the advantages of:
NEXT YEAR FROM £900.00
This is one of the most popular UK trust establishment packages with offshore bank account, as an additional option to the nominee trustee & registered office address in London.
This UK trust establishment offer includes the following:
NEXT YEAR FROM £900.00
This is our most comprehensive UK trust establishment package with all documents verified by solicitor or notary public & certified by the apostilled stamp or apostille seal affixed.
This UK trust establishment offer includes everything in the third option, plus:
Establish a UK trust online to replace a nominee director and nominee shareholder: trusts suffer to a degree from a history of bad press; the super rich hiding their assets offshore, or the irresponsible young financing a playboy lifestyle with a trust fund are popular preconceptions. However, while there may be a grain of truth in some stories, trusts are important financial devices that offer a considerable degree of flexibility in a variety of situations. All UK registered trusts are required by law to have an identifiable beneficiary. This is generally an individual person, although it is perfectly allowable in law for the named beneficiary to be a company.
However, the shares are held for the benefit of the customer, who is therefore the beneficial owner of the portfolio and receives the financial income. Coddan have a vast wealth of experience in setting up and maintaining UK trusts for the benefit of our UK and non-UK customers.
In practical terms, an asset held in trust does not differ significantly from any other legally held asset. The beneficiary owner maintains day to day control of the legal company and is able to make all the decisions that he or she normally would, were the company not subject to a trust. Trustees must act in the best interests of the trust and should not have a conflict of interest. Thus it is easy to see how this arrangement could be of significant benefit to the private company owner who wishes to protect his or her assets via the UK trust establishment.
Setting up a trust in the UK can protect the beneficiary owner of a company: the UK government often now requires specific names of beneficiaries, rather than just corporate contact details, to be provided for their register of beneficial owners. For some owners, this may come as a cause for concern, but a solution for protecting your anonymity is setting up a trust.
A trust can often be named as a company's beneficiary owner, which can give company owners more control over their personal information. Coddan Ltd can set up your trust and undertake all of the necessary incorporation and registration work required. We can offer specialist advice on trust law and advise on the best trust format to meet your needs, provide administrative support and produce relevant documents.
At Coddan we offer a wide range of nominee options and services, so you can register a UK trust with us and replace a nominee director and shareholder in your company. We endeavour to simplify what can seem a complicated and lengthy process involving lots of paperwork. In fact, with our service everything can be completed online, with the new company structure in place and ready to trade in 24 hours or less.
As you no doubt already know, all companies in the UK have to provide a named director, their residential address, and other personal details, when the company is registered at Companies House. The same applies if you are also a shareholder of the company.
If anonymity is important, having a named nominee director and nominee shareholder can be the ideal solution as it allows you to keep all personal details out of the public domain, while continuing to trade as normal. If you already have a nominee director and shareholder in your company you wish to replace them, we can take care of this for you with our fast and efficient online service.
Our experience will save you time: to get the ball rolling, simply complete our online form with the relevant information, pay our modest fee upfront, and we can take it from there. We'll need your authentication code, which was provided by Companies House when you or your appointed agent at the time first registered the company. If you don't have the code to hand, we can apply for a new one on your behalf.
We then terminate the appointment of the current nominee director and shareholder in your company and register the new nominee. Once the new nominee agreement is drafted and signed by you and emailed to our offices, you are free to get on with business.
In April 2014, the government announced that there would be a public register of all companies. Earlier this year, they made it clear that from April 2016, all companies would have to list any persons with significant control (PSC) within their companies.
As soon as January 2016, companies will be obliged to keep a register of PSCs. The next step in April 2016 will be for this information to be registered at Companies House.
Why the change in legislation? When the idea was mooted last year, there was very little surprise about the necessity to name trustees who owned companies. However, the legislation covers beneficiaries as well as trustees. The idea is that it will be possible to find out who has an influence over a company. For example, people able to vote on the way a company is run.
How does Companies House collect the information? The information from each individual company's PSC register will be given to Companies House at the same time as the confirmation statement. The confirmation statement is the successor to the annual return.
This means that not all companies will be handing over their PSC information in April, but it will be submitted annually along with their confirmation statement. Therefore from April 2017, every company must have registered this information.
What will happen to the information given to Companies House? The idea is that the register will be a public document. Therefore members of the public will be entitled to both view the PSC register and search for information relating to individual companies. Every company's PSC information will be listed on the same central register and it will be free to view and search.
Who classes as a PSC? A PSC is anyone who either: -
1. Holds over 25% of the shares
2. Controls over 25% of the general meeting votes
3. Can control removal or appointment of the majority of a company's board
4. Exercises significant control or influence over a company or has the right to do so
5. Exercises significant control or influence over a trust that qualifies as a PSC
Government changes in legislation relating to UK company beneficial ownership will affect investors' privacy. Proposals for a public register of companies registered in the UK will mean providing corporate contact details may not be enough in future. In some cases, the government will require the names of individuals who benefit from the company. This is worrying news for investors who value their privacy.
Here at Coddan, we can offer advice on how the changes may affect you and ways of maintaining your privacy.
How about a trust? We can help if you are considering making a trust your company's beneficiary owner, as the rules governing privacy are different and will give you more control over how much information must be made public.
Under the new proposals relating to anti-money laundering legislation, information on individuals who own or control more than 25% of a company's shares or voting rights must be provided to Companies House. When a beneficial interest is held by a trust, in many cases, only the trustees must be registered.
Coddan can complete the necessary incorporation and registration work on your behalf and can advise on the best trust format for your particular needs.
What about offshore incorporation? Have you considered an offshore incorporation solution for your asset protection? Coddan can advise on a range of offshore company formation options, the benefits being low taxation, anonymity and asset protection. In most offshore jurisdictions, registrars do not disclose details about directors, shareholders and beneficiaries.
Any company registered and incorporated offshore can trade freely within the EU, but often isn't subject to the same rules which apply to companies incorporated in the UK. What about the USA?
Some American states are an ideal location for company incorporation where the beneficiary owner requires privacy from competitors. US states such as Delaware have less constricting disclosure rules.
Investment portfolios, property and assets are increasingly being held by a nominee company, which simplifies things for the investment manager as it divests them of all responsibility for the tax return and puts the onus back on you, the principal, to pay the tax.
Using a trust to take charge of the nominee company, though, can help to minimise your liabilities and reduce your tax bill significantly. To find out how, contact Coddan Ltd today.
The nominee can give a legal title that allows third parties to leave the beneficial ownership to the nominee company and an outside adviser is considered a volunteer.
Should the principal die, though, the division of assets can be complicated and can depend on residency, location of their death and a will that is in place at the time that should, by rights, have been changed. Other complications can arise, too, as the tax on a nominee company can be a major expense.
A trust helps to combat these problems and provide a greater deal of control over the investments and assets with regards to tax. A trust can hold all of the assets, shares and can control a company, which allows you to make decisions on how you withdraw funds. It's a complex structure with an additional layer of complication, but managed correctly it can help you streamline your tax affairs and make your money work smarter and harder, with less of it going to HMRC.
There are extensions to this concept, with the beneficiary of the trust being a foreign entity that is not susceptible to UK taxation. This can reduce the tax bill to nil, which makes it an attractive option for those looking for the best corporate structure possible.
At Coddan, we offer a comprehensive range of trust services, so no matter what kind of trust you want to set up, we can help guide you through the registration process. Registering a trust in the way that provides the maximum protection for the beneficiary owner while also meeting all the proper legal requirements can seem unduly complex as well as time-consuming, but with our expert help, you can have the trust fully registered with Companies House and ready to operate within 24 hours, or even less.
The main function of a trust is that the assets are managed by the trustees on behalf of the beneficiary. This structure provides a flexible way of looking after assets for beneficiary owners who may not be capable of doing it themselves, as in the case of minors or dependants.
It is also an effective way of ensuring the family business remains under the control of the family, and can offset the risk of the beneficiary losing the assets in future through bankruptcy or in a divorce settlement, for instance.
A trust can also be structured in such a way as to provide income for a beneficiary, such as your partner or spouse, while the capital is retained for other beneficiaries, including children and grandchildren. Registering a trust will help manage your estate more efficiently, and reduce tax liabilities. In terms of registering the trust, the deed or documentation should make clear how the trust is to operate and what the purposes of the trust are.
At Coddan, we have many years of experience in helping business people and entrepreneurs to register their trust with Companies House in the UK.
A UK-registered trust is a tried and tested financial vehicle designed to protect your assets and help you streamline your tax affairs, and they are especially popular with non-UK domiciled and foreign entities. If you want to take advantage of a trust then Coddan Ltd can help you with the registration and your annual maintenance to make sure you stay in the good books of HMRC.
A trust is relatively simple to set up and was initially devised as a simple vehicle to hold assets, shares and other property on behalf of a beneficiary, for instance a child who inherits money before the age of 18 or someone that is not capable of handling their money for another reason.
Trusts have gone well beyond their initial purpose, though, and now have been widely adopted and adapted from the traditional living, testamentary and even simpler bare trusts.
The documents must be right and it can be costly. It's best to employ the services of a solicitor or, alternatively, a formation agent that will almost always work out cheaper.
You have to choose which type of trust you want, with the most common form being the discretionary trust, which can be a mixed resident trust where one trustee is a UK resident and one isn't. The laws are complex so take the time to seek the right advice, but when one trustee is based outside the UK then the trust may not be regarded as a "resident" for tax purposes. This allows non-resident status of the trust, while allowing income from the UK to be received onshore without paying the UK tax.
Registering a trust can be done on a same day basis and requires a trustee, who controls the trust, and a beneficiary, who stands to benefit from the assets and proceeds.
The annual reporting requirements are, on the face of it, relatively simple. The beneficiary must take responsibility in their self-assessment. If the assets in most kinds of trust increase in value, though, there is capital gains tax to be considered.