Family Organizations and Governance Mechanisms

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Our teams advise and assist sophisticated private clients, whose business interests extend across multiple jurisdictions owing to the composition of their asset portfolios or family members.

 

We have in-depth knowledge of the most commonly used arrangements, from trusts and foundations, to family agreements, private investment funds, and so on.

Choosing the most suitable jurisdictions, vehicles, or contract clauses

When setting up a family office, trust, or simply a legal investment platform, we are able to guide our clients and give them the advice they need to select the best jurisdictions and structures for their circumstances. Ours is a pragmatic approach that of course takes into account the nationality of the family members, their residency, and their assets, while also considering the feasibility of the chosen solution, notably in terms of its creation and ongoing management.

 

In particular, we are able to create and manage structures and entities such as private trust companies, protective trusts, etc.

 

We can also help with structuring certain specific assets (properties, artworks and art  collections, yachts, etc.).

Protecting our clients’ assets and privacy

In addition to the standard need for tax optimisation, it is becoming increasingly important for high net worth individuals to protect their assets and privacy. We are familiar with the challenges involved in this area, but more specifically we are able to help our clients ensure they are fully compliant with the various rules on money laundering and beneficial ownership, and can handle the relevant formalities on their behalf.

Compliance with regulations and dealing with the authorities

This represents a challenge for any individual or family group operating in an international environment. There are all kinds of compulsory declarations to be made, and depending on the structures they have chosen, auditors, directors, or other local providers to be found. We are also well versed in these issues and can handle them for our clients.

 

Similarly, as indicated in the section devoted to our practises in the “Risks and Compliance” field,  we can help clients put together their KYC profile in preparation for establishing new business relationships with banks or other financial providers or intermediaries. As a result of enhanced due diligence requirements introduced in recent years, financial institutions frequently demand comprehensive information about the activities of beneficial owners or family members. This requires detailed analysis of the source of clients’ wealth, supported by the appropriate documentation. Enlisting the assistance of a firm like ours can help to smooth this process and ensure greater credibility.

Our approach

We generally assist at every stage of the process of selecting, implementing, and supervising solutions. With proven expertise in this field, we are perfectly placed to provide our clients with the support they need, handling the paperwork and eliminating the hassle involved in setting up and managing these sophisticated family structures.

 

For example, we can help get things started by setting up a family agreement, and from there, selecting and setting up the right legal structures to meet the family’s requirements, ensuring everything is ready to go. Finally, we are also able to supervise the structures created on an ongoing basis, either under an assistance agreement, or a monitoring arrangement. But of course, we can assist with family arrangements at any time, even if they were set up by someone else.

Partners and Of Counsel in charge of this practice

Xavier de Sarrau

Managing Partner

Corinne Ricciardella

Partner

corinne.ricciardella@gordonblair.com