Labuan Trust Set up and Management Service

Bona Trust Corporation provides Labuan Trust setup and management services.

Labuan Trust refers to an offshore trust can be set up on the Labuan Island Special Economic Zone in East Malaysia.

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Labuan Trust is recommended for the following people

Labuan Trust is mainly utilised by various wealthy individuals and their families, NPOs (Nonprofit Organisations), etc. for various purposes.

Purpose of Labuan Trust
· Creation and accumulation of wealth and asset succession planYou can inherit the wealth and value of the family to the next generation
· Strong asset protection and robust confidentialityIf assets are properly set up, you can strongly protect assets from creditors or other claimants
· Integration and management of assetsYou can integrate and manage cross-border assets and beneficiaries
· Optimal operation and allocation planning of accumulated assetsYou can control how the beneficiary receives assets
· Evasion effect of the prover (procurement procedure)It is possible to efficiently allocate assets to heirs without avoiding the probation, without payment of court costs, delay, etc.

Overview and main features of Labuan Trust

Overview of Labuan Trust

• Settlor・・・Person who sets trust assets as trusts. The trust setter is an individual or a corporation.
• Trustee・・・Person who possess the trust fund and who are in charge of that for the benefit of the beneficiary.
• Trust Deed・・・Certificate to set trustee’s authority. Trust setters can adjust trust conditions to meet the requirements.
• Enforcer / Protector ・・・Person acting like a “guardian” to the trustee for the benefit of the beneficiary. It may be appointed by a trust setter.
• Beneficiaries・・・Person legally entitled to enforce and benefit from the trust. Can include individual or reference to a class, charities, minors, corporations etc.

Note : The trust setter is no longer the owner of the transferred asset, the trustee becomes the legal owner of the trust fund, the beneficiary has a vested interest and receives the profit distribution.

Settlor
  • Person setting up the trust, may be individual or corporate, Malaysian resident or non-resident.
Trustee
  • One trustee must always be a licensed Labuan Trust Company.
  • More trustee(s) can be appointed, if required.
  • However, a trustee shall not be a director of the company where shares are held by the said trustee.
  • Holds the trust funds and responsible for its administration for benefit of the beneficiaries.
Enforcer, Protector
  • May be appointed by settlor, who acts like a “watchdog” over the trustee for the benefit of the beneficiary.
  • The settlor or beneficiary may also be a protector.
  • These parties can also act on advisory / consultancy basis
Main features of Labuan Trust
Assets of the Trust
  • May encompass Malaysian assets, however consent from the Labuan Financial Services Authority (“Labuan FSA”) needs to be obtained if Malaysian assets are to be injected into Trust.
  • No consent of Labuan FSA is required for injection of non-Malaysian assets.
Duration of Trust
  • No perpetuity period
Shares held
  • Trustee owns and holds own shares at the underlying asset holding vehicle (entity = Labuan corporation)
  • Trustee does not engage in the management of the company
  • It is possible to separate asset management and investment
Letter of Wishes
  • Settlor can also use Letter of Wishes to provide guidance to the Trustee in matters affecting trust (particularly distribution) for situations that may arise post his demise. Though not legally binding, Trustee normally rely on this letter.
Advantages
  • Trustee does not interfere in the management or conduct of any business of the underlying companies
  • Trustee shall not instigate or support any action by the company against any of its directors for breach of duty to the company or procure the appointment or removal of any of the directors.
  • Provisions for unenforceable claims; a two-year claw-back period and requirements for legal procedures should a creditor attempt to prove a trust is fraudulent.
  • Existence of the trust in perpetuity.
  • Option not to register the trust to protect privacy.
  • No foreign exchange controls in Labuan.

The difference between Labuan Foundation and Labuan Trust

The difference between Labuan Foundation and Labuan Trust is as follows:-

 Labuan TrustLabuan Foundation
Governing law
  • Common Law
  • Civil Law
Legal entity
  • Not a legal entity with separate legal existence
  • Separate legal entity
Attribution of assets
  • Assets, upon being vested in the trust, are legally owned by trustee
  • Assets are legally owned by the foundation. Upon registration of the foundation, the property endowed no longer belong to the founder, but belong to the foundation
Relationship between parties
  • Relationship amongst parties is fiduciary
  • Relationship amongst parties is contractual
Name between parties
  • The person(s) who establishes the trust is known as the settlor
  • The persons who benefit from the trust are known as beneficiaries
  • The person(s) who creates the endowment is known as the founder
  • The persons who benefit from the endowment are known as the beneficiaries
Registration
  • No requirement to register trust
  • Registration of foundation is mandatory
Certificate documents
  • Trust deed
  • Charter and Articles
Administrative authority
  • The appointed trustee is the person responsible to hold the trust assets and administer the trust
  • The appointed trustee is the person responsible to hold the trust assets and administer the trust
Entity attribution
  • Settlor may have certain reserved powers after establishing the trust and vesting the legal title in the trust assets to the trustee
  • The founder does not retain or acquire any ownership rights in relation to the foundation’s property.
  • Beneficiaries or the persons in whose benefit the foundation was created may include the founder

(Ref: Labuan IBFC [GUIDELINES ON THE ESTABLISHMENT OF LABUAN TRUST AND ISLAMIC TRUST])

Should you have any queries, please do not hesitate to contact us.


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