Trust and RAIF management

A trust is a legal instrument that transfers rights to assets from one person (the trustee or settlor) to another (the trust beneficiary) who benefits from those assets. Trust administration means managing the assets in the trust for the benefit of the trust beneficiary.

RAIF (Reserved Alternative Investment Fund) is an investment fund that can be registered in Luxembourg and is intended for investing in various types of assets such as real estate, securities, cryptocurrencies, etc. RAIF allows investors to access alternative investments with improved protection without needing prior regulatory approval.

Trust management and RAIF are related to the management of assets for the benefit of third parties. Both instruments can manage investment assets as part of specific investor requirements. However, trusts and RAIFs have different characteristics and needs for their registration and management.

For example, trusts can be set up for charitable purposes as well as for private purposes. Managing trusts can be a complex process requiring specialized skills and knowledge. RAIF, on the other hand, allows investors to choose from various investment strategies that can be specifically customized to their needs.

Both tools can be effective in asset management but require careful analysis and evaluation to determine the best tool for a particular situation.

The advantages of trusts and their features

Trusts may be established for charitable purposes or personal needs. They are often used to transfer inheritances, manage the assets of minor children or persons unable to manage their finances, and secure property.

The benefits of using trusts include:

• Privacy. Trusts are generally not public documents and do not require public registration. Information about the trust and its assets may be available only to the trustee and the beneficiary.
• Tax limitation. Some trusts may be subject to income tax, but this generally does not apply to trusts established for charitable or private purposes. In addition, some types of trusts may be used to reduce tax liability and manage tax burdens.
• Flexibility. Trusts can be set up with various conditions to reflect the individual needs and desires of the beneficiaries. This can include requirements related to age, education, health, wealth, etc.
• Asset protection. Trusts can protect assets from creditors, lawsuits, and other types of legal harassment.
• Asset management. Trustees are professional financial managers who can effectively manage the assets in the trust.

Management of trusts

Trust administration can provide several benefits. For example, it can help provide legal and tax protection for property in the trust. It can also provide privacy and security if the valid owner needs to be hidden. And it can also be used to arrange an inheritance to ensure a smooth property ownership transition to another generation.

Trust administration can include a variety of services, such as:

• legal advice;
• accounting support;
• tax support;
• financial and investment management;

real estate management.

Depending on the client’s needs and requirements, trusts can be administered within a single jurisdiction and internationally

For management, it is essential to choose a reliable and experienced manager or administrator who will ensure effective and transparent governance in the interests of the beneficiaries. It is also necessary to consider the legal and tax aspects in the respective jurisdictions to avoid possible risks and inconsistencies with local legislation, which is precisely what SPM Real Estate specialists can help you with.

RAIF features and advantages

RAIF provides the opportunity to invest in real estate, private debt, public and private securities, cryptocurrencies, and other alternative assets. RAIF is usually managed by an investment company responsible for managing the fund’s assets and attracting new investors.

RAIF’s main advantages include:

• Flexibility. RAIF can be organized as an open-end or closed-end fund, which provides flexibility in the choice of investment strategy and goals.
• Professional management. The investment company managing a RAIF usually has extensive experience and professionalism in asset management, which ensures a high level of asset portfolio management and minimizes risks for investors.
• Attractiveness for investors. RAIF offers access to a wide range of investment opportunities not ordinarily available to conventional investors and can attract more significant investments due to its high degree of flexibility.
• Tax efficiency. RAIF can be used to reduce tax liability because taxes are only levied at the investor level.
• Simple registration procedure. RAIF registration follows a simplified process and does not require the approval of the Luxembourg Financial Supervisory Commission (CSSF), reducing the time spent on registration procedures and the associated costs.

RAIF management

RAIFs are usually managed by fund managers or asset managers who provide portfolio management services for the fund’s assets.

One of the main advantages of a RAIF is that it is not subject to compulsory licensing and registration in Luxembourg. This means that a fund manager or asset manager can quickly and easily set up and start managing a RAIF without having to spend significant time and resources to obtain a license.

However, to comply with the AIFMD, the fund manager must be registered and regulated under that legislation. This may require some additional cost and effort from the asset manager.

The RAIF control includes various functions such as:

• managing the fund’s investment strategy;
• conducting due diligence on assets;
• assessment of risks and opportunities;
• managing the fund’s capital;
• ensuring compliance with statutory and regulatory requirements;
• marketing and sales of the fund;
• seeking investors and making presentations.

In addition, the RAIF manager must be registered in the relevant register of management companies and obtain a management company license from the Cyprus Securities and Exchange Commission. Also, the manager must meet specific qualifications and experience requirements.

The benefits of using RAIF include the flexibility to choose an investment strategy and the ability to invest in various assets, including real estate, funds, and securities. In addition, RAIF allows investors from different jurisdictions to invest in the same fund, which can be helpful when building international investment portfolios. RAIF can also be useful for inheritance or pension fund management.

However, like any other investment structure, RAIF has its risks, and investors should carefully consider all aspects of investing in such a structure before making a decision.

Overall, managing a RAIF can be a complex and demanding process that involves many aspects related to asset management, regulatory requirements, and investor requirements. A special congratulations to SPM Real Estate deals explicitly with these issues and can help you comprehensively.

 

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