Private Wealth Services

• Trusts (including Private Trust Companies)

  Guernsey is a leading offshore domicile for the establishment and administration of Trusts.

  Invicta has an experienced team in structuring and establishing trust-based structures to enable long term stability and planning for the beneficiaries.

  A Guernsey Trust is capable of holding an extremely wide range of assets with the Trustee of that Trust responsible for managing and administering the relevant assets for the benefit of an individual or a group of named beneficiaries – the Trustee is subject to extremely high standards under Guernsey law as well as pursuant to stringent regulation.

  Invicta is able to establish the following types of trust structures:

  • Discretionary Trusts. A Discretionary Trust is perhaps the ‘classic’ trust structure in that it is the type most often found in private wealth structures. The settlor (usually the generator of the wealth) opts to ‘settle’ (or transfer) the wealth to the trustee who then is given discretion (subject to the terms of the ‘Trust Deed’) to apply the wealth/assets as the trustee sees fit. A ‘protector’, being an independent person or company, can be appointed to oversee the trustee if required.
  • Private Trust Company. In a Private Trust Company (‘PTC’) structure, a new company can be established which can itself act as the trustee of a new trust. The settlor settles the wealth into a new trust of which the PTC is the trustee – therefore the legal right to deal with wealth/assets sits with the PTC which can, in turn, have independent persons or family members on the board to allow for more control.
  • Reserved Powers Trust. A Reserved Powers Trust (‘RPT’) can be established by a settlor which specifies that the settlor will reserve certain powers under the terms of the trust deed that sets out the terms of the trust. This will not be appropriate in all circumstances, particularly depending on the residence of the settlor, but it does allow for the settlor to retain additional control if he/she wishes.
• Company Formation

  Guernsey companies are extremely flexible vehicles that can be used to aggregate capital or hold specific assets in order realise a client’s investment or wealth management strategy.  

  Invicta can establish companies as needed within your wealth planning.  Once this is done, Invicta can, through its corporate director, provide a full suite of management and administration services to the company to ensure that its purpose is fully realised. 

• Management Foundations

  Guernsey introduced a Foundations Law in 2008 which recognised the Foundation as a legal entity which could be formed and exist in Guernsey.  This allowed clients, who preferred to have a Foundation instead of a Trust-based structure, to take advantage of Guernsey’s market-leading professional services industry whilst using a Foundation.

  Guernsey Foundations (in common with their counterparts in other jurisdictions) are incorporated as an entity with a separate legal personality with a specified purpose (which cannot be primarily commercial in nature though ancillary commercial activities are permitted). Each Foundation has with rules and a charter outlining how the assets of a Foundation shall be administered and distributed, with councillors to oversee the Foundation’s activities. 

  Invicta, as part of its licence, is authorised to act as a professional councillor of a Foundation and has acted as a professional councillor to Foundations which hold a variety of assets.