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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Private Foundations: Law & Practice

ISBN13: 9780957084308
Published: November 2011
Publisher: Mulberry House Press
Country of Publication: UK
Format: Hardback
Price: £86.00

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Wildy's Book of the Month: December 2011

Private foundations are being used increasingly for the preservation and management of private clients' funds. Private foundations have been introduced by legislation in financial centres where previously they were unknown.

Private foundations have similarities to trusts and companies but, as this book demonstrates, they are separate legal structures with their own advantages and pitfalls. Private Foundations: Law & Practice considers these versatile vehicles and advises how to avoid some fundamental errors which may not be perceived by simply regarding foundations as incorporated versions of trusts.

For the benefit of purchasers of Private Foundations: Law & Practice new legislation will be added, from time to time, to the Foundation Society website. Note: practitioners in the United States and Canada should be aware that the private foundations dealt with in this book have significant advantages for the founder and are different structures from the private foundations used in North America for charitable giving.

This pioneering book is essential for foundation and trust practitioners and others advising or administering assets for private or corporate clients.

  • The only book on private foundations for practitioners and trust officers.
  • Private Foundations: Law & Practice examines the definitions, nature and development of private foundations.
  • Legislation is considered in all countries currently offering private foundations.
  • Clear and accessible appraisal of the unique characteristics of private foundations.
  • Discourse on how private foundations are treated in the conflict of laws and their relationship with trust and contract Conventions.
  • Uses of private foundations, with comparisons on how trusts are used in similar circumstances.
  • Practical aspects of private foundation practice such as taxation, liquidation and enforcement.
  • Updating and supplementary information accessible on: www.foundationsociety.com for purchasers of the book.

Company Law, Equity and Trusts, Banking and Finance, Taxation
1. Definition and Basic Features of Private Foundations
2. The Development of Foundations
3. The Legal Personality of Foundations in Civil and Common Law Countries
4. Basic Characteristics of Private Foundations
5. Private Foundations in Selected Jurisdictions: Liechtenstein and Panama
6. Private Foundations in Selected Jurisdictions: Antigua and Barbuda, Anguilla, the Bahamas, St. Kitts, Jersey and Nevis
7. Private Foundations in Selected Jurisdictions: Austria, Indonesia, Italy, Malta, Switzerland, Curaçao, San Marino, Seychelles and Labuan
8. Private Foundations in Selected Jurisdictions: Canada, the US, Japan, Netherlands, Spain and Sweden
9. Companies used as Private Foundations
10. The Charter and Regulations
11. The Validity of a Private Foundation
12.Foundations and Shams
13. Beneficiaries
14. The Founder and the Foundation Council
15. The Protector
16. Dissolution, Termination, Revocation and Continuance
17. Foundations and Matrimonial Litigation
18. The Assets of a Foundation
19. The International Taxation of Foundations
20. Foundations, Registered Companies and Trusts: Some Further Comparisons
21. Foundations and the Conflict of Laws
22. Private Foundations and the Hague Convention
23. Private Foundations as Obligations
24. The Uses of Private Foundations
25. Asset Protection and Foundations
26. Actions to Secure Rights Under a Foundation
27. Conclusion.