INTRODUCTION - PLANNING USES FOR CAYMAN TRUSTS

Cayman trusts are established to achieve a variety of estate, personal, financial, tax or other business planning objectives. These objectives often include one or more of the following:
在開曼群島成立信託是為了達成資產、個人、財務，稅務或其他商業規劃等目的。其於達成的是以下一個或一個以上目的：
provision for spouses and dependents;為配偶及受扶養者提供供養
protection of assets from future personal liability;保護個人資產將來免於追償
minimization of estate/inheritance tax, income tax, and capital gains tax;
avoiding forced heirship rules in civil law jurisdictions;
preservation of family wealth and continuity of family businesses;
efficient and timely distribution of assets upon death without the need to apply for probate; protection against exchange controls;
creating or making provision for charities; establishing pensions or employee stock option plans;
ownership of particular assets or of investments generally;通常投資下特別資產之所有權
lender protection in corporate financing transactions.公司財務交易下之借款人保護

THE TRUST CONCEPT信託之概念

Cayman trust law The principal legislation governing Cayman trusts is the Trusts Act (2021 Revision) (the “Trusts Act”), the Fraudulent Dispositions Act (1996 Revision) and the Perpetuities Act (1999 Revision). The Trusts Act grants the Cayman Court jurisdiction to vary a trust in certain circumstances and the Cayman Court has a “supervisory” jurisdiction to deal with trust matters concerning Cayman law governed trusts. English case law is considered of highly persuasive authority in Cayman.

Description of Trust信託之描述
A trust is the legal relationship created whereby a person (the “settlor”) gives property (the “trust fund”) to a trustee or trustees to hold the legal title to the trust fund for the benefit of certain persons (the “beneficiaries”) or for a specified purpose.

TYPICAL FORMS OF TRUST
Discretionary Trust The discretionary form of trust often provides the most flexible and efficient structure for the settlor and the beneficiaries.