A formal trust agreement or agreement is usually developed by a lawyer and identifies the settlor, the ownership of the trust, the agent and the beneficiaries. A fiduciary corporation provides an individual (the “Settlor”) with a mechanism to make property available to another person (the “agent”) for the benefit of a third party (the “beneficiary”), while maintaining some kind of control over the property. The property is owned and managed by the agent. The rating agency also examined the issue of the imposition of “trust accounts” in document 9829145. The Department verified the three certainties (intention, purpose and beneficiaries) that must be in place to establish the existence of a trust and went on to say: the person who brings the original funds or assets to the trust and creates the trust by defining the terms of the trust, appoints the trustees and designates the beneficiaries. Note that a Settlor loan is not enough to establish the position of trust. When the settlor brings or transfers cash assets into a trust, it is generally considered that it sold the assets at fair value at the time of the transaction. As a result, Settlor can realize a capital gain from the sale to the Trust. It is also important to note that if the Trust is irrevocable, the Settlor is not allowed to repossess the donated property. Once the property has been settled in trust, it is owned by Treuhand and must be used for the benefit of the trust recipient.
This is not the case with a retractable trust. The rightful owner of the fiduciary property and the person responsible for the management of the trust in the interest of the beneficiary of the trust, in accordance with the trust agreement, the applicable trust law and the trust obligations law. The agent may be the settlor or someone else (as explained later, but there may be adverse tax consequences if the settlor is the agent). Any number of agents may be chosen by Settlor and they must act unanimously, unless the trust agreement sets another. However, to ensure that there is no income allocation to Settlor, there should be an independent agent, such as a friend or business advisor. In accordance with regulatory and compliance rules, consultants should not place themselves in a position of real or perceived conflict of interest, which includes accepting an order as an agent for a client, except in accordance with company guidelines. The main part of the document defines the main purpose of the trust, including a complete description of the trust`s assets, terms and conditions and the situations in which the trust is terminated. There is also information on an agent`s powers and responsibilities and compensation provisions. If a “trust account” is opened by a parent for their children, the certainty of creating a trust corporation would be difficult to prove without a formal trust document. Since the children concerned are most likely minors, the scheme often seeks to take into account the fact that minors do not have the legal capacity to enter into legally binding contracts and, therefore, to acquire financial instruments in their own name. The second case, Blum v.
the Queen, was decided in September 1998 by the Canadian Tax Court if the profits and income of shares acquired by a grandfather with confidence for his grandchildren were to be charged to him. Mr. Blum sold a few units in 1987 and 1988.