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Private Foundations: Law and Practice is unique; it is the first book to examine and provide guidance on the characteristics of this innovative personal investment vehicle. Superficially, private foundations are sometimes referred to as an incorporated trust or as a company without shareholders. This book will show that these are dangerous approximations. Private foundations, derived from the civil law foundation, a structure of ancient origin, are worthy of a dedicated textbook. Whilst founded on a common basic idea, private foundations show important variations in each jurisdiction in which they have been introduced by legislation. The author has many years experience in designing, applying and regulating structures in international investment and lecturing on the law and practice of trusts, private foundations and related topics, academically and to commercial clients.
The settlor : reserved powers and private trust companies -- Beneficial interests : protection, forfeiture, and trust termination -- Disclosure of information to the eneficiaries and letters of wishes -- Trustees' dispositive powers and discretionary trusts -- The rule in Hastings-Bass, mistake, and rectification -- Trustee exemption clauses -- Trustee liability to third parties -- Trustees' remuneration, expenses, and indemnity -- Directed trusts and delegated trusts -- Protectors -- Firewall legislation -- Asset protection trusts -- Non-charitable purpose trusts -- Trusts without equity -- Quistclose trusts
Four hundred years after his death, Smith's charity is one of the largest in Britain distributing c £25m pa to a wide range of UK charities yet its founder has been nearly forgotten.So who exactly was Henry Smith? Over the years a startling variety of myths and misinformation have clustered like barnacles on a few shreds of evidence. In some chronicles Smith had been described as a salt merchant, in others he was a silver smith; in one nineteenth-century account, he was reported to have himself been a captive of Moorish pirates. The most persistent myth of all was the wildest: that Henry Smith was one and the same as a character known as “Dog Smith” who, dressed like a vagrant, wandered...
New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
The Charity Commission is not regulating charities effectively and there is a gap between what the public expects of the Commission and what it actually does. The NAO has concluded that the Commission does not do enough to identify and tackle abuse of charitable status. Between 2007-08 and 2013-14, the Commission's annual budget fell 40 per cent in real terms to £22.7 million but the number of main registered charities has remained fairly constant at around 160,000. In response to budget cuts, the Commission has reviewed how it works and successfully reduced demand for its services, but it has not identified what budget it would need to regulate effectively. The Commission makes little use ...
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Charitable Foundations: The Essential Guide to Giving and Compliance Foundation trustees and officers bear the legal obligation to ensure that moneys entrusted to the foundation for charitable purposes will be used for those purposes. However, highly complex statutes and regulations set forth numerous requirements and prohibitions. How can officers and trustees recognize when rules are about to be violated or know what questions to ask to elicit key information about an issue? For example, What types of grants are off limits to a charitable foundation? What steps does a charitable foundation have to take before making a grant to another foundation? What rules apply to foundations making loans to for-profit businesses? The wrong answers can be costly to the foundation, its grantees, and the general public. This highly readable book, packed with useful examples, addresses these and numerous other situations related to charitable foundations.