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Hong Kong trusts: the usual legal forms

Hong Kong trusts are governed mainly by the Trustee Ordinance (Cap 29). What follows is the usual architecture; trustee powers and beneficiaries are drafted on the facts.

Discretionary and reserved-power trusts

A discretionary trust leaves investment and appointments to the trustee within the deed. A reserved-power trust keeps named powers with the settlor. A private trust company can act as trustee; its secretarial function is not the investment mandate.

CRS

Trustees, settlors, beneficiaries and protectors may all be controlling persons for reporting. Forming a trust does not take the arrangement outside CRS.

What a TCSP can do

A licensed TCSP can, under the engagement, handle formation papers, PTC secretarial work and statutory registers. Appointments among beneficiaries are not set out on a public page.

Case-specific decisions differ — book a consultation with our advisers.

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