Characteristics of Labuan Trusts

• The settlor of a Labuan trust must be a qualified person or a resident who can retain certain wide powers including revoking, amending or varying the terms of the trust. 
• The beneficiaries of a Labuan trust must also be a qualified person or a resident. 
• At least one of the trustees of a Labuan trust must be a Labuan Trust company, however a trustee cannot also act as an Enforcer, instead a settlor or his representative may act as an Enforcer.
• Where a trust property includes Malaysian property, prior approval must be obtained from Labuan FSA to include the Malaysian property into the trust. Once approved, any income derived from the said Malaysian property is subject to Malaysia’s Income Tax Act 1967. In comparison, all foreign property income shall be subject to Labuan Business Activity Tax Act 1990.
• The duration of a Labuan trust may be prescribed, failing which a Labuan trust may exist in perpetuity. A Labuan trust may also convert from a trust with a fixed duration to one with an unlimited period, by altering the duration listed in the trust deed. 
• A Labuan Special Trust is a trust that owns shares in an underlying asset holding vehicle on an “own and retain” basis, this allows for the separation of the custodianship of the assets from the investment of the assets. This form of trust is ideal for succession or dynastic planning as well as for matrimonial settlements.
• The Act allows the settlor to provide a letter of wishes, in addition to provisions contained in the Trust Deed.

Fees for Labuan Special Trusts:
Registration fee	MYR750
Renewal of certificate of Registration	MYR  50

Transactions conducted by a Labuan trust  must be in currencies other than the Malaysian Ringgit, except as permitted by the relevant legislations and authorities.

WHAT IS WEALTH MANAGEMENT?

Wealth management is the provision of tailored financial solutions across a wide range of specialities, including asset protection, estate planning, legal resources, taxation advice, investment management and other tailored banking solutions with the goal of sustaining and growing long term wealth, to provide high net-worth individuals and families.

WHAT IS A TRUST?

The concept of a trust is a relationship in which one or more individuals hold another individuals’ assets or property for the benefit of others. The basic concept of a trust involves the person who creates the trust (called a settlor); the person who holds the property for those who benefit (the trustee); those who ultimately receive the benefits of the trust (beneficiary).

In Labuan IBFC, a trust can be set up for a wide range of purposes ranging from discretionary, charity, spendthrift protection etc. One special form is the Labuan Special Trust which can be used to hold shares in a Labuan Holding Company, which in turn may own assets. The benefit of a Labuan Special Trust is that there is a distinct separation between the custodian role of the trustees and the management of the company which is the responsibility of the directors only. LST can be used for succession planning; commercial purposes; and matrimonial settlement.

ARE TRUSTS OR FOUNDATIONS REQUIRED TO REGISTER WITH LABUAN FSA FOR THEIR SET UP IN LABUAN IBFC?

Trusts do not have to register with the regulator but foundations must do so. Trusts, however, must use a Labuan trust company as one of their trustees.

WHO CAN SET UP A LABUAN TRUST?

A resident or non-resident can do so. In the case of a non-resident, Malaysian property can be injected into a Labuan trust while a Malaysian resident can place international assets into a Labuan trust but Malaysian property requires the approval of the regulator, Labuan FSA.

WHAT WEALTH MANAGEMENT SOLUTIONS ARE AVAILABLE IN LABUAN?

Labuan IBFC offers trusts (governed by common law) and foundations (under the civil law code), both types of which can be applied in an Islamic manner as long as they subscribe to Shariah principles. Both trusts and foundations are highly flexible, covering many types to suit different needs.

WHAT IS THE DIFFERENCE BETWEEN A TRUST AND A FOUNDATION ?

Trusts and foundations are differentiated as follows:

Trusts	Foundations
Common law origins.	Civil law origins.
Relationship amongst parties is fiduciary.	Relationship amongst parties is contractual.
Assets, upon being vested in the trust, are legally owned by the trustee.	Assets are legally owned by the foundation. Upon registration of the foundation, the property endowed or to be endowed becomes an estate separate and apart from that of the founder by acquiring a separate legal entity status.
The person who establishes the trust is known as the settlor and the persons who benefit from the trust are known as beneficiaries.	The person(s) who creates the endowment is known as the founder and the persons who benefit from the endowment are known as the beneficiaries.
The trust deed is the document that establishes the trust.	The charter is the main constituent document of a foundation. A foundation may also have articles which are a set of more detailed rules governing its administration matters.
The appointed trustee is the person responsible to hold the trust assets and administer the trust.	An appointed body called the Council is entrusted to carry on the business and affairs of the foundation and pursue its objects. Officers and Council are required to act in accordance with the terms of the charter and articles.
Registration of the trust is not mandatory.	Registration of the foundation is mandatory.
The settlor  has certain reserved powers after establishing the trust and vesting the legal title in the trust assets to the trustee.	The foundation does not have a share capital, does not recognize shareholders and the founder does not retain or acquire any ownership rights in relation to the foundation's property. The law does recognize however, the beneficiaries or the persons in whose benefit the foundation is created, which can include the founder.
A trust can be established for any lawful purpose but a trust that is set up for a purpose must appoint an enforcer.	A foundation can be established for any lawful purpose which shall be spelt out in the charter of the foundation.
There is no capital requirement for trusts.	There is no capital requirement for foundations.