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Dublin, Ireland

Dublin, Ireland. 2009 Delaware Trust Conference The Delaware Difference v the World Liam Brazil Mason Hayes+Curran DECEMBER 2 2009 WILMINGTON DELAWARE. Trusts – Historical Perspective. Common law Equitable principles Lack of statutory framework Law Reform Commission. Taxation Overview.

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Dublin, Ireland

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  1. Dublin, Ireland

  2. 2009 Delaware Trust Conference The Delaware Difference v the World Liam Brazil Mason Hayes+Curran DECEMBER 2 2009 WILMINGTON DELAWARE

  3. Trusts – Historical Perspective • Common law • Equitable principles • Lack of statutory framework • Law Reform Commission

  4. Taxation Overview • Inheritance Tax: comparison • Irish Government initiatives re corporate entities • Ireland as a reputable common law jurisdiction • Member of EU • White List

  5. Types of Trust Intentionally (Express) • Bare • Life Interest / Fixed • Discretionary Operation of law • Resulting trust • Constructive trust

  6. Use of Trusts Commercial/financial • Secured Syndicated Loans/Securitisations/Bonds • Orphan Trusts – off balance sheet • Pension Trusts • Employee Benefit Trusts • Substantial shareholding in companies • “Resting in Contract” • Unit Trusts • Real Estate Investment Trusts (Not in Ireland)

  7. Use of Trusts (cont) Private/personal arrangements • Asset/Wealth Protection • Protection from claims • Improvident child • Provide for children in a considered way

  8. Use of Trusts – examples

  9. Combination Effect • Favourable Corporate Tax Regime • Movement of Management – Individuals • Settle non Irish assets • Irish Real Estate – Irish Will – simplifies Probate

  10. 2009 Delaware Trust Conference The Delaware Difference v the World Liam Brazil Mason Hayes+Curran DECEMBER 2 2009 WILMINGTON DELAWARE

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