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The new trust law of San Marino: a new form of trust

San Marino is a civil law country, probably one of the purest remaining: no civil code has ever been enacted and ius commune is still at the basis of its legal system. Ius commune is the common law that prevailed throughout Europe before the codes. In San Marino’s law, save when a specific matter is governed by statute, ius commune applies.  

It was on this historical foundation that San Marino built its statute of 1st March 2010, No 42 on trusts (hereinafter “the Trust Law”).  

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Multiple Perspectives: Why Hong Kong is the ideal place for trusts.

The current legal framework of Hong Kong Trusts

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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Summarises the characteristics of the Indonesian foundation, the yayasan, and the Labuan foundation, TEP

The foundation is a very attractive vehicle for dynastic structuring of international wealth. It is known especially to families from civil-law jurisdictions. During the last few years a number of articles have been written about foundations and the use thereof in international estate planning and asset management. Unfortunately there is very little information about foundations in ‘old’ jurisdictions such as Dutch and Indonesian foundations (respectively called ‘Stichting and “Yayasan”’). The same can be said of other Asian foundations. 

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Lemanik Asset Management

Lemanik Asset Management S.A. (Lemanik) is an independent Management Company, headquartered in Luxembourg with local entities in Switzerland and Ireland. We support institutional investors in setting up and managing Undertaking for Collective Investments in Transferable Securities (UCITS) and Alternative Investment Funds (AIF). Lemanik covers also the whole value chain related to Wealth Management enabling clients to have access to international asset management, investment advisory and wealth planning.

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Trusts in Dubai: the DIFC Alternative

Dubai’s population has been steadily doubling every 10 years approximately. Dubai’s suitable location between East and West, its top infrastructures and its tax-free environment (supported by an appealing network of double tax treaties) augur the continuity of this demographic growth – especially with the business opportunities rising in preparation for the EXPO 2020.

As of 2014, Dubai had a population of 2,250,000 – out of which 85-90% were expatriates.

These numbers are important in terms of asset protection.

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