19 September 2009

STEP Asia Conference: Trust Across The Frontiers

20-21 October 2009, The Fairmont, 2 Stamford Road, Singapore 178882

Programme

19/10/2009

18:00 Welcome cocktail reception, Long Bar, 2nd Floor, Raffles Hotel

Kindly sponsored by Azure Tax

20/10/2009

08:00 Continental breakfast and registration

08:45 Welcome from STEP Singapore

Angelo Venardos TEP
Chairman, STEP Singapore Branch

08:50 Welcome from STEP Worldwide

Nick Jacob TEP, Deputy Chairman, STEP Worldwide

08:55 Keynote Address

Mr K Shanmugam, Minister for Law and Second Minister for Home Affairs, Singapore

09:25 Refreshment Break

09:40 Tax and information exchange agreements - The future

- A review of European & US/Caribbean attitudes, precedents and politics
- The policy, media, leverage and high level technical issues
- Where do we go from here?

Richard Hay TEP, Stikeman Elliott, UK

10:20 The new global framework for wealth structuring (1)

- Future role of IFC's
- New regulatory framework
- Comments on speech on TIEAs

Geoff Cook, Jersey Finance, Jersey
Jonathan Hooley, Senior Advisor, External Affairs, Guernsey
Mark Jackman TEP, Rothschild Private Banking & Trust, Singapore
Prof. Jason Sharman, Centre for Governance & Public Policy, Griffith University, Queensland, Australia

Kindly sponsored by Guernsey Finance

10:50 The new global framework for wealth structuring (2)

- Singapore's position on EU Savings Directive
- EUSD - extension to discretionary trusts?
- Information exchange on demand

John Riches TEP, STEP Public Policy, UK
Gurbachan Singh TEP, KhattarWong, Singapore
Representative from Financial Times

11:20 Networking and Refreshments

11:50 A digest of recent trust cases from around the world

Mark Bridges TEP, Farrer & Co LLP, UK

12:20 The use of trusts to protect assets

- What is asset protection and what is not?
- Asset protection laws in various jurisdictions
- The Statute of Elizabeth and other fraudulent conveyance laws
- Theory and practice
- The impact of bankruptcy courts
- The impact of divorce courts
- Family partnerships as an alternative?

Kenny Foo, JP Morgan, HK

12:50 Lunch

Kindly sponsored by Guernsey Finance

14:00 Private Trust Companies - Practical use across the jurisdictions

- Are they suitable for everyone worth US$25m plus?
- Should they be set up using Purpose trusts, STAR trusts, Foundations or Companies Ltd by Guarantee as the holding vehicle?
- Directors' jurisdictional issues
- The agreement with the administrator
- Can they be properly run by family members?

Simon Beck TEP, Baker & McKenzie LLP, Miami, US

Kindly sponsored by Rothschild Trust (Singapore) Limited

14:30 Option 1 - The Caribbean's approach to tax and information exchange agreements

Simon Beck TEP, Baker & McKenzie LLP, Miami, US

14:30 Option 2 - The shifting paradigm in philanthropy

- The evolving donor enterprise and communities of interest
- Emergin structures in Asia
- Investing in the new social economy
- More public scrutiny: changing government policies, nonprofit governance standards
- Impact conundrum: value-for-money donated versus meeting real needs

Cynthia D'Anjou Brown, HSBC Family Office Services Limited, HK
Stacy Choong, Rajah & Tann LLP, Singapore

14:30 Option 3 - Regional jurisdictional trust update - a dialogue between a draftsperson and trustees

- Brunei
- Labuan
- Hong Kong
- Singapore

David Brownbill QC TEP, UK
Martin Crawford, Labuan IBFC, Malaysia
Bill Ahern TEP, Family Capital Conservation Limited, Hong Kong
Luke Peng TEP, SG Trust (Asia) Ltd, Singapore
Santhi Roy Prabhakaran, HMR Trust Ltd, Brunei

14:30 Option 4 - Current thoughts on letters of wishes

Mark Lea, Lea & White, HK & Singapore

15:15 Networking & Refreshments

15:45 Option 1 - The Caribbean's approach to tax and Information exchange agreements

15:45 Option 2 - The shifting paradigm in philanthropy

15:45 Option 3 - Regional jurisdictional trust update - a dialogue between a draftsperson and trustees

15:45 Option 4 - Current thoughts on letters of wishes

16:30 Why are IFCs suffering political attack?

- Are they really vehicles for crime
- Do IFC's erode the tax base of OECD countries?
- How do IFC's facilitate tax competition?
- Do IFC's undermine the stability of global financial architecture?
- Why are they suspicious to tax authorities?

Professor Jim Hines, University of Michegan, US

17:15 Day 1 Close

18:00 Cocktail Reception and Dinner, East India Room/Bar & Billiard Room, Raffles Hotel

Kindly sponsored by Labuan IFC

18:00 Cocktail Reception and Dinner extra tickets

Kindly sponsored by Labuan IFC

21/10/2009

08:00 Continental breakfast

Exhibits open

09:00 STEP international education update

Bill Howarth, Central Law Training International, UK, Singapore and Middle East

09:15 Trusts - Compliance versus confidentiality

- Where are we going with compliance requirements?
- Differences between jurisdictions
- Can we wed compliance and confidentiality?
- Why is confidentiality so important in reality?

Yeoh Lian Chuan TEP, Rajah & Tann LLP, Singapore

09:45 Legal reciprocity (comity) issues across the frontiers as they affect trusts

- Recognition of trusts in different jurisdictions
- Jurisdiction - that of management, proper law or asset location?
- Recipricol enforcement of judgments
- Divorce issues

David Brownbill QC TEP, UK

10:15 Latest developments in the US

- US expatriation - easier or more difficult under the new rules?
- VD - a new US Government disease?
- Stop Tax Haven Abuse Act - some variations on a theme
- Delaware LLCs - a spent case?
- Limited liability partnerships
- Nongrantor Trusts - strategic planning opportunities

Mimi Hutton TEP, Withers, HK & Joseph Field, Withers Worldwide, New York

10:45 Networking session & refreshments

11:15 Case study in respect of the use of Trusts - Trustees as shareholders in a family business

- Dividend policy
- Employment of family members
- Interaction between trustees and directors
- Voting control
- How to be fair between beneficiaries
- Who is to retain control?

John Riches TEP, STEP Public Policy
Mark Bridges TEP, Farrer & Co LLP, UK
Nick Jacob TEP, Lawrence Graham LLP, UK
James Aitken TEP, HSBC Trustee (Singapore) Ltd, Singapore

Kindly sponsored by Rawlinson & Hunter

12:05 Panel session on succession law issues

- Common law v Civil law jurisdictions
- Religious based and other jurisdictions
- Forced heirship and other succession law requirements
- Brussels IV Europe

Richard Frimston TEP, Chair of STEP Cross Border Estates Group, Russell-Cooke LLP,UK
Edmund Leow, Baker & McKenzie, Singapore

12:45 Lunch

Kindly sponsored by Rawlinson & Hunter

14:00 Panel session on the contribution that the offshore financial centres make to higher tax jurisdictions

Richard Hay TEP, Stikeman Elliott, UK (Chair)
Yeoh Lian Chuan TEP, Rajah & Tann LLP, Singapore
Gurbachan Singh TEP, KhattarWong, Singapore
Jonathan Hooley TEP, States of Guernsey, Guernsey
Prof. Jason Sharman, Centre for Governance & Public Policy, Griffith University, Queensland, Australia

14:40 Option 1 - Succession law case study using trusts (follow up from earlier panel session)

Richard Frimston TEP, Chair of STEP Cross Border Estates Group, Russell-Cooke, UK
Edmund Leow, Baker & McKenzie LLP, Singapore

14:40 Option 2 - Purpose Trusts, STAR Trusts and VISTA Trusts - How can they be best used?

Raymond Gwee TEP, UBS Trustees, Singapore
Simon Beck TEP, Baker & Mckenzie LLP, Miami

14:40 Option 3 - Foundations and Trusts. How to decide which to use?

Robert Kirkby, Jersey Finance, Jersey
Paul Hodgson, Butterfield Trust (guernsey) Limited, Guernsey
Mark Bridges TEP, Farrer & Co LLP, London

14:40 Option 4 - Family Business - working with the next generation (follow up from earlier talk on shareholders in family business)

Bill Ahern TEP, Family Capital Conservation Limited, HK
James Aitken TEP, HSBC Trustee (Singapore) Ltd, Singapore

15:25 Networking session and refreshments

Change of Breakout sessions

15:55 Option 1 - Succession law case study using trusts (follow up from earlier panel session)

15:55 Option 2 - Purpose Trusts, STAR trusts and VISTA trusts - how can they be best used?

15:55 Option 3 - Foundations and trusts - How to decide which to use?

15:55 Option 4 - Family Business - working with the next generation (follow up from earlier talk on Shareholders in Family Business)

16:40 Debate - Gordon Brown & Nicholas Sarkozy are right - Tax Havens really are finished

Chair - Peter Niven, Director, Guernsey Finance, Guernsey
For - Richard Hay TEP, Stikeman Elliott, UK
Against - David Brownbill QC TEP, UK

17:25 Conference Close - Chairman of STEP Singapore

18:00 Farewell Cocktails and Dinner, Long Bar Steakhouse, Raffles Hotel

Kindly sponsored by Charles Monat

18:00 Farewell Cocktails and Dinner extra tickets

No comments: