Author: Rose-Marie Belle Antoine Publisher: Oxford University Press, USA ISBN: 9780199252220 Category : Foreign trusts Languages : en Pages : 0
Book Description
The offshore financial centre remains one of the most important and intriguing new phenomena in the international financial sector today, accounting for billions of investment dollars worldwide. One of the key financial products that the sector has spawned is the offshore trust. A statutorycreation, the offshore trust is a significant departure from the traditional English common law trust. This modern trust, which serves as an important vehicle for tax planning, estate planning, asset protection, and broader investment objectives in offshore jurisdictions, operates within a speciallegal framework. It embodies significant and often radical concepts, such as the purpose trust, and trusts created specifically to avoid forced heirship regimes. This book examines this complex legal framework and the corresponding jurisprudence in detail, providing a valuable resource tool for thepractitioner and academic alike.The offshore trust is a fairly new creature, and thus several controversial questions arise. This book offers an honest appraisal of such questions, examining the offshore trust from both its statutory origins and comparatively, taking into account common law presumptions about the trust. Thisenables the practitioner to source workable solutions to the inevitable conflicts that arise. Public policy concerns are also addressed.Offshore trusts have not been insulated from broader questions surrounding offshore financial centres. These are also discussed, particularly in relation to their tax planning, asset protection, and confidentiality functions. The responses to these questions coming from an ever-increasing body ofcase law and legislation, are also examined.
Author: Rose-Marie Antoine Publisher: OUP Oxford ISBN: 9780199693450 Category : Law Languages : en Pages : 0
Book Description
This new edition of the leading comparative work on offshore financial law provides a fresh look at the current legal landscape in this sector offering guidance on complex legal issues and context for matters of practice.
Author: Dominic Thomas-James Publisher: Routledge ISBN: 1000411176 Category : Business & Economics Languages : en Pages : 133
Book Description
This book considers the ability of island jurisdictions with financial centres to meet the expectations of the international community in addressing the threats posed to themselves and others by their innocent (or otherwise) facilitation of the receipt of suspect wealth. In the global financial architecture, British Overseas Territories are of material significance. Through their inalienable right to self-determination, many developed offshore financial centres to achieve sustainable economic development. Focusing on Bermuda, Turks and Caicos, and Anguilla, the book concerns suspect wealth emanating from financial crimes including corruption, money laundering and tax evasion, as well as controversial conduct like tax avoidance. This work considers the viability of international standards on suspect wealth in the context of the territories, how willing or able they are to comply with them, and how their financial centres can better prevent receipt of suspect wealth. While universalism is desirable in the modern approach to tackling suspect wealth, a one-size-fits-all approach is inappropriate for these jurisdictions. On critically evaluating their legislative and regulatory regimes, the book advances that they demonstrate willingness to comply with international standards. However, their abilities and levels of compliance vary. In acknowledging the facilitatively harmful role the territories can play, this work draws upon evidence of implication in transnational financial crime cases. Notwithstanding this, the book questions whether the degree of criticism that these offshore jurisdictions have encountered is warranted in light of apparent willingness to engage in the enactment and administration of internationally accepted laws and cooperate with international institutions.
Author: Rose-Marie Belle Antoine Publisher: Oxford University Press, USA ISBN: 9780199693443 Category : Law Languages : en Pages : 0
Book Description
The only book to focus specifically on confidentiality and by extension, disclosure obligations, in offshore financial law, this new edition examines the issues surrounding confidentiality providing thorough analysis of the current legal position and discussing the extent to which it should be protected given the conflicting interests at stake. The book also addresses the wider issues of confidentiality in offshore financial law to consider the implications of confidentiality and disclosure for other subjects of interest in finance. It therefore examines the appropriate parameters of bank regulation, the modern regulatory framework for other financial institutions and actors, particularly within the context of the prevention and detection of certain undesirable or criminal activities such as money laundering and even civil matters such as trademark violations. Important constitutional issues such as the right to privacy, the privilege against self-incrimination and arbitrary search and seizure as they relate to finance are included in the legal analysis.The controversial balance between disclosure and confidentiality also entails a discussion of issues of comity. Taking into account the several new treaties specifically targeted at confidentiality in offshore financial law, this new edition includes comparative coverage of key legislation in offshore jurisdictions and a new chapter on Tax Information Exchange Agreements. It also provides detailed coverage of modern anti- Money Laundering regimes, the EU Savings Directive, the G20 Initiatives and United States countermeasures to confidentiality.. For ease of reference an introductory chapter is also included which gives a summary of the legislative infrastructure in the various jurisdictions and a description of the fundamental characteristics of offshore jurisdictions. Assessing the impact of the recent G20 -OECD discussions on confidentiality, disclosure, and tax issues and the emerging FATCA regime, this new edition brings the reader up to date with the changing regulatory landscape concerning the offshore sector. All practitioners and scholars interested in offshore financial law will find this text to be an essential reference source.
Author: Hilton McCann Publisher: Cambridge University Press ISBN: 1139460617 Category : Law Languages : en Pages : 44
Book Description
It is estimated that up to sixty percent of the world's money may be located offshore, where half of all financial transactions are said to take place; however, there is a perception that secrecy about offshore is encouraged to obfuscate tax evasion and money laundering. McCann provides a detailed analysis of the global offshore environment, outlining the extent of the information available and how that information might be used in assessing the quality of individual jurisdictions, as well as examining whether some of the perceptions about 'offshore' are valid. He analyses the ongoing work of the Financial Stability Forum, the Financial Action Task Force, the International Monetary Fund, the World Bank, and the Organisation for Economic Cooperation and Development. The book also offers some suggestions as to what the future might hold for offshore finance.
Author: Mary Alice Young Publisher: Routledge ISBN: 0415526329 Category : Business & Economics Languages : en Pages : 218
Book Description
This book brings together the issues surrounding banking secrecy and confiscation of criminal proceeds in offshore financial centres. The book examines the existing legal agreements at the international, regional and national levels and their interaction in the substantive areas of confiscation, anti-money laundering and banking confidentiality laws. The work draws on the insights of criminologists to offer critical insight into the legislative frameworks designed to deal with banking secrecy and confiscation in offshore financial centres. It goes on to offer suggestions for measures that may be taken by major economies to circumvent the lack of cooperation by offshore financial centres as intolerance towards money laundering grows in light of recent political and economic events.
Author: Rose-Marie Belle Antoine Publisher: Ian Randle Publishers ISBN: 9768167319 Category : Banks and banking, Foreign Languages : en Pages : 253
Book Description
In this publication, academics, professional and representatives of the regulatory and government sectors from the Caribbean and the United Kingdom, address the types of offshore products and functions, the offshore tax function, the legal issues involved in using the offshore trust, and regulation of the offshore sector. The Key areas of International Business vehicles, the Captive Insurance Industry the use of offshore trusts in International estate planning and the regulation and control of money laundering are also analysed. This publication represents an edited and updated collection of papers delivered at the 1998 workshop on the subject Legal Issues in Offshore International Financial Services.
Author: John Abrahamson Publisher: Kluwer Law International B.V. ISBN: 9403510951 Category : Law Languages : en Pages : 468
Book Description
Banking is an increasingly global business, with a complex network of international transactions within multinational groups and with international customers. This book provides a thorough, practical analysis of international taxation issues as they affect the banking industry. Thoroughly explaining banking’s significant benefits and risks and its taxable activities, the book’s broad scope examines such issues as the following: taxation of dividends and branch profits derived from other countries; transfer pricing and branch profit attribution; taxation of global trading activities; tax risk management; provision of services and intangible property within multinational groups; taxation treatment of research and development expenses; availability of tax incentives such as patent box tax regimes; swaps and other derivatives; loan provisions and debt restructuring; financial technology (FinTech); group treasury, interest flows, and thin capitalisation; tax havens and controlled foreign companies; and taxation policy developments and trends. Case studies show how international tax analysis can be applied to specific examples. The Organisation for Economic Co-operation and Development Base Erosion and Profit Shifting (OECD BEPS) measures and how they apply to banking taxation are discussed. The related provisions of the OECD Model Tax Convention are analysed in detail. The banking industry is characterised by rapid change, including increased diversification with new banking products and services, and the increasing significance of activities such as shadow banking outside current regulatory regimes. For all these reasons and more, this book will prove to be an invaluable springboard for problem solving and mastering international taxation issues arising from banking. The book will be welcomed by corporate counsel, banking law practitioners, and all professionals, officials, and academics concerned with finance and its tax ramifications.
Author: Marcel Cassard Publisher: International Monetary Fund ISBN: 1451946783 Category : Business & Economics Languages : en Pages : 68
Book Description
The IMF Working Papers series is designed to make IMF staff research available to a wide audience. Almost 300 Working Papers are released each year, covering a wide range of theoretical and analytical topics, including balance of payments, monetary and fiscal issues, global liquidity, and national and international economic developments.
Author: Rose-Marie Belle Antoine
Author: Rose-Marie Antoine
Author: Dominic Thomas-James
Author: Rose-Marie Belle Antoine
Author: Hilton McCann
Author: Mary Alice Young
Author: Rose-Marie Belle Antoine
Author: John Abrahamson
Author: 
Author: Marcel Cassard