- INTRODUCTION
- WHAT IS A TRUST?
- TYPES OF TRUST
- I.T.L.
- TAXATION OF INTERNATIONAL
TRUST
- HOW A TRUST IS CREATED
- WHERE THE TRUST FUND IS
SITUATED
- WHAT THE TRUST FUND INCLUDES
- USES OF INTERNATIONAL TRUSTS
- SUITABILITY OF CYPRUS
- PROFESSIONAL EXPERTS
REACTIONS
- Short title
- Interpretation
- Validity of
an international trust
- Presumption
against avoidance of an international trust
- Duration of
an international trust
- Validity of
direction for the accumulation of income
- Charitable
trusts and purpose trusts
- Authorised
investments
- Power to
change the applicable law of an international trust
- Variation of
an international trust by the Court
- Confidentiality
relating to international trusts
- Taxation of
international trusts
- Application
of this Law
- Saving
of existing laws
- Registration
not compulsory
A.
INTRODUCTION
Cyprus is already established, by
international recognition, as a healthy offshore financial centre for shipping, banking
and corporate business.
To fully accomplish its targets, and to increase its
appeal as an international trust jurisdiction as well, Cyprus enacted in 1992 a new trust
law designing and modernising the existing statute (The Trustees Law Chapter 193) and
introducing the concept of international trusts specifically aimed at non-resident
settlors. The new law is called The
International Trust Law 1992 (No. 69 (I) of 1992). (ITL). From the legal point of view that was easy as
Cyprus (being an ex British Colony) follows English Law, the common law and the doctrine
of equity.
The basic Trustees Law Cap. 193 was in fact enacted
during British administration in 1955 and is a copy of the English Trustees Law of 1925.
Although Cyprus became independent in 1960 our
Courts of Justice Law provided in Section 29 that the Court should apply (amongst other
laws) and subject to the consition of Cyprus, the common law and the doctrine of equity.
But since 1960, because English case Law has had no
direct application to Cyprus, all the amendments in the U.K. statutory provisions were not
followed and until 1992 the old Trustees Law Cap. 193, and the English Trust Law, as it
applied in 1960, were the only trust laws in existence (together of course with the common
law and equity principles).
With the introduction now of the ITL the principles
on which trusts in general and the trust instrument shall be based and construed are:
the Trustees
Law Cap. 193;
the ITL;
the general principles of equity and the common law; and
the
Trusts Law as it applied in England in 1960
 
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