Every person of substantial means desires to transfer assets to beneficiaries without rancour. The efficient way is to create a living Trust. Investment One can provide trusteeship services to ensure that your assets are transferred smoothly to designated beneficiaries.
A trust is an arrangement whereby one person (“the Settlor” or “Grantor”) transfers his/her assets or property to another person (”the Trustee”) to hold for the benefit of other persons (the “Beneficiary”).
The trustees owe a fiduciary duty to the beneficiaries, who are the “beneficial” owners of the trust property.
We offer the following Trust Services: Corporate Trust, Public Trust, Estate Planning, and Private Trusts.
Our Value Proposition
At Investment One, we place value on the confidentiality of clients’ trust. We recognise that our settlors demand their assets and assets disposition be kept strictly confidential. Great attention is also paid to the safety of our clients’ assets and the title documents to those assets.
We therefore ensure that:
- We protect the assets of the Trust
- We exercise professional diligence
- We deliver our services in a prompt and efficient manner.
- We execute the intentions/wishes of our estate planning clients.
There are many types of trust which can be tailored to meet the specific wishes or desires of the Settlor. Below are the different types of trust for which Investment One Financial Services Limited renders trust service:
- We act as Debenture Trustee or Security Trustee in syndicated lending transactions, protecting the interest of the lenders (Financial Institutions) in the borrowing company’s secured assets. We ensure that covenants and undertakings by the borrowing company are regularly complied with. We also enforce security in the event that the borrowing company fails or defaults in its obligations to the lenders.
- We act as Share Trustee in Off-Balance Sheet Securitization by holding the shares of the Special Purpose Vehicle for the benefit of the noteholders.
- We act as Trustee of private trusts created by individuals to distribute their wealth as they wish while they are still alive by setting up a living trust.
- We act as Executors of a Will and ensure that the estate of the Testator is administered and distributed in accordance with the terms of the Will.
- As Trustees, we hold the shares in trust for the beneficiaries of an employee share scheme and protect the interest of the beneficiaries of the scheme
- We act as Trustee to Mutual Funds and Real Estate Investment Trusts and our role is to protect the interest of the Unitholders by exercising oversight functions in respect of the activities of Fund Managers, by ensuring their compliance with the Investment and Securities Act, the Rules and Regulations made pursuant thereto and the Trust Deed in particular.
- We act as Bond Trustee to Bond Issues by making certain that interest and principal payments are met by the Issuer as they fall due and the Issuer performs its obligations without fail. We represent the interest of Noteholders in Note Issuance Programmes through our role as Note Trustee.
As Trustees, we perform the following duties:
- BOND TRUSTEES (Corporate and Municipal Bonds)
- Act in a fiduciary capacity to the bondholders and protecting the interest of the Bondholders
- Ensure issuer compliance with the Trust Deed
- Monitor principal and interest payments by the Issuer and ultimately the Registrar
- Administer sinking funds
- Act as an independent and impartial third party and a bridge between the Issuer and holders of the Bond during the tenor of the bond issue.
- Submit periodic reports to bondholders/ regulatory bodies such as SEC and NSE when required.
- UNIT SCHEMES TRUSTEES
- Monitor the activities of the fund manager on behalf of and in the interest of unit holders.
- Ascertain the profitability rationale for investment decision making of the fund manager.
- Ascertain compliance with the provisions of the Trustee Investments Act 1962 as amended, the Investment and Securities Act No. 29 of 2007 and the Trust Deed, by the fund Manager.
- Approve the draft audited annual report of the Fund after it is being reviewed by the Trustee before same is forwarded to the Commission for approval.
- SECURITY TRUSTEE
- Protect the interest of the investors
- Maintain accounts by holding the securitization cash flows in segregated accounts
- Receive payments and disseminating relevant information and distributing payments.
- Monitor the performance of covenants by the Borrower and other parties
- Enforce security in the event of default
- Appoint receiver/receiver/manager
- EXECUTORS AND TRUSTEES OF WILLS
- Ascertain the Estate
- Collect the assets of the Estate
- Preserve and protect the assets of the Estate
- Manage the assets of the Estate
- Give notice to beneficiaries and others
- Value the Estate for tax and distribution purposes
- Prepare and file all necessary tax returns
- Pay all legitimate debts and expenses of the Estate
- Render accounts to the beneficiaries and the Probate Court
- Distribute the assets to heirs and beneficiaries
- Close the Estate
- TRUSTEES OF LIVING TRUSTS
- Manage and invest the assets of the Trust during the lifetime and after the death of the Settlor
- Maintain custody of funds and documents of title relating to the assets of the Trust
- Preserve and protect the assets of the Trust
- Effect insurances on behalf of the trust in respect of the trust assets
- Give notice to beneficiaries of the Trust upon demise of the Settlor
- Pay debts and expenses from the Trust Assets and collect assets payable to the Trust upon the demise of the Settlor
- Value the assets of the Trust for distribution purposes
- Distribute income and assets to beneficiaries
- Render accounts to the beneficiaries
- Close the Trust upon expiration of the Trust Period
- TRUSTEES OF EMPLOYEE SCHEMES
- Convene meetings of the beneficiaries as and when required
- Hold in custody the share certificates
- Invest the funds of the scheme in accordance with agreed terms
- Distribute the bonus and dividends accruing to the shares in proportion to each beneficiary’s holdings
- Assist with the payment of the benefits due to the staff upon exit