UP TO 11 CPD HOURS AVAILABLE* *As per the Solicitors Regulation Authority of England and Wales. The number of CPD points/hours available may vary for other bar associations and law societies depending on their criteria. A conference presented by the IBA Individual Tax and Private Client Committee and supported by the IBA Family Law Committee and the IBA European Regional Forum 16th Annual International Wealth Transfer Practices Conference Private clients in 2011 – caught in the crossfire or the crosshairs? 7–8 March 2011, The Langham, London, England Topics include: • How to reduce client and adviser risks: anti-money laundering: KYC, FATF and best practices, documentation compliance issues and information exchange • The role of family offices • Professional income tax issues including carried interest and stock options for the hedge fund manager and others • A look at residency for the global professional • Fixing mistakes in fiduciary structures including foreign trusts and ethical issues • Planning for clients in the BRIC (Brazil, Russia, India, China) countries – dealing with clients investing in, working in or residing in emerging economies • Dealing with ‘messy deaths’ – money, assets and intra-family squabbles Who should attend? Lawyers, solicitors, notaries, trust officers and other professionals involved in advising private clients, trustees, accountants and private bankers. Headline sponsors
Transcript
UP TO 11 CPD
HOURS AVAILABLE*
*As per the Solicitors Regulation Authority of England and Wales. The number of CPD points/hours available may vary for other bar associations and law societies depending on their criteria.
A conference presented by the IBA Individual Tax and Private Client Committee and supported
by the IBA Family Law Committee and the IBA European Regional Forum
16th Annual International Wealth Transfer Practices Conference
Private clients in 2011 – caught in the crossfire or the crosshairs?7–8 March 2011, The Langham, London, England
Topics include:
• Howtoreduceclientandadviserrisks:anti-moneylaundering:KYC,FATFandbestpractices, documentation compliance issues and information exchange
Papering the file – necessity or source of risk?Are the financial industry and government regulations more
concerned about papering the file and getting the utility bill? This
panel will examine the problem practitioners confront in assisting
the private client in the new environment of increased transparency.
It will examine the constraints on the financial industry including
anti-money laundering: KYC; FATF, best practices, documentation
and compliance issues. How are they trying to meet the compliance
requirements and what is their impact on the private client?
Session ChairLeigh-AlexandraBasha
SpeakersAndrewHodder RBS Coutts, GenevaChristopher Potter JoRiddick Macfarlanes LLP, London
1015 – 1030 Coffee/tea break
Reception and dinner sponsor
1030 – 1200
Family offices – neither fish nor fowl According to Wikipedia a family office is ‘a private company that
manages investments and trusts for a single wealthy family…
Traditional family offices provide personal services such as
managing household staff and making travel arrangements. Other
services typically… include property management, day-to-day
accounting and payroll activities, and management of legal affairs.
Family offices often provide family management services, which
includes family governance, financial and investment education,
philanthropy coordination, and succession planning…’
Is this a good definition? Can anyone really provide all of these
services? Assuming a family office can do this, is it financially
viable? If not, why would a family pay for a family office?
The speakers come from a variety of backgrounds and have a
broad range of experience of family offices, seen from both the
outside and the inside. They will discuss what family offices can
do, what they should do, what they do well, and areas where they
need improvement.
Session ChairChristopher Potter
SpeakersKatieBooth Butterfield International Private office Ltd, LondonBarbaraRHauser Barbara R Hauser LLC, Washington DCPhilipvanHilten No More Worries, AmsterdamKathrynMMcCarthy KM Consults, New YorkNedim Peter Vogt Baer & Karrer AG, Zurich
1200 – 1400 Lunch
Keynote speakerAndy Cole Director of Operations Specialist Investigations, HM Revenue & Customs, London
Conference Co-ChairsLeigh-AlexandraBasha Holland & Knight LLP, McLean, Virginia; Chair, IBA Individual Tax and Private Client Committee GerdKostrzewa Heuking Kuehn Lüer Wojtek, Düsseldorf; Senior Vice-Chair, IBA Individual Tax and Private Client CommitteeChristopher Potter Sete, Geneva
Special ConsultantEdgarHPaltzer Niederer Kraft & Frey AG, Zurich; Council Member, IBA Legal Practice Division
1400 – 1530
‘Should I stay, or should I go?’ – a look at residency for the global professionalThe panel will look at what needs to be done to acquire and give
up fiscal residency – not always as easy as it might seem. It will
also consider some of the tax consequences as well as the traps
of dual residency. Countries under the spotlight include France,
Switzerland, the UK, and the US.
Session ChairDaniel Simon Collyer Bristow LLP, London
The grass is always greener on the other side of the hedgeThis panel will take a close look at the income taxation of
executives, fund managers and other professionals moving from
one jurisdiction to another. In particular it will deal with income
structuring tools such as stock options, carried interest and
deferred compensation.
Session ChairGerdKostrzewa
SpeakersAlbert Collado J & A Garrigues SLP, Barcelona; Senior Vice Chair, IBA Taxes CommitteeRichardHay Stikeman Elliott LLP, London Natalie Peter Staiger Schwald & Partner AG, Zurich William B Sherman Holland & Knight LLP, Fort Lauderdale
1930 Drinks reception and dinnerThe Honourable Artillery Company Armoury House
City Road
London EC1Y 2BQ
Keynote SpeakerLucian Simmons Sotheby’s, New York and London
The Honourable Artillery Company was incorporated by Royal
Charter in 1537 by King Henry VIII. The company is now a
registered charity and its headquarters are at Armoury House. Built
in 1735, the property is steeped in fascinating history. The largest
of its elegant rooms is the Long Room, where our dinner will take
place. This richly decorated, oak-panelled room features a minstrel’s
gallery, stone fireplaces and guests can enjoy lovely views of the
gardens and the city beyond.
Ticket price £75
Social event ticket reservations cannot be guaranteed unless
payment has been received before 25 February, subject to
availability.
Continuing Professional Development/Continuing Legal EducationFor delegates from countries where CPD/CLE is mandatory, the International Bar Association will be pleased to provide a Conference Certificate of Attendance which, subject to the exact CPD/CLE requirements, may be used to obtain the equivalent accreditation in your jurisdiction.
This conference has been accredited for CPD/CLE by the Solicitors Regulation Authority of England and Wales. Delegates should ask staff at the registration desk for information as to how to obtain the hours.
Exhibitors
1330 – 1430
‘What dad didn’t tell you’ Dealing with messy deaths – money, assets and siblings you hadn’t dreamt ofThe session will showcase how the failure to effect proper estate
planning and succession planning may add to the pain and grief
of surviving family members. Although some surprises may be
pleasant, more often than not, they aren’t. The speakers will
reveal their encounters with such messy deaths and share their
experiences helping the families navigate and get through such
difficult times. These stories will not only make good dinner
conversation but should also jolt any complacent client to get that
will and/or trust executed without further delay.
Session Co-ChairsStacy Choong JPMorgan Chase Bank NA, Singapore; Secretary-Treasurer, IBA Individual Tax and Private Client CommitteeJaqueline Julyan SC Durban Bar Association, Durban; Co-Chair, IBA Family Law Committee
SpeakersJon Grouf Duane Morris LLP, New York; Council Member, IBA Legal Practice DivisionPaul Stibbard Baker & McKenzie, LondonSonia Velasco Cuatrecasas Gonçalves Pereira SLP, Barcelona; Vice-Chair, IBA Taxes Committee
1430 – 1500 Coffee/tea break
1500 – 1600
‘What dad didn’t tell you’ Dealing with messy deaths – money, assets and siblings you hadn’t dreamt ofSession continues
1600 – 1630 Summary and questionsThe Chairs will close the conference with a rapid tour of the various
issues raised over the two days of the conference
Leigh-AlexandraBashaGerdKostrzewaChristopher Potter
1630 – 1800 Business meetingAll delegates are invited to discuss the planning of next year’s
London conference and other activities of the Individual Tax and
Private Client Committee with the Committee Officers.
Tuesday 8 March
0800 – 1700 Registration
0830 – 0845 Welcome from the Chairs
0845 –1015
‘I wish I hadn’t done that.’ How to deal with mistakes that have arisen when setting up and administering fiduciary structuresThis session will look at the remedies available in some of the main
trust jurisdictions when a problem has arisen in relation to the
creation or administration of a trust whether it relates to the tax
consequences of the arrangement or other factors that may have
unintended consequences. It will draw on the recently expanding
case law in this area and will consider the approach taken by
authorities such as HMRC where tax issues may be at stake.
Session ChairHelenDarling Macfarlanes LLP, London; Vice-Chair, IBA Individual Tax and Private Client Committee
SpeakersSara Collins Conyers Dill & Pearman, Cayman Islands (invited)RachelHarris Loeb & Loeb, California (invited)StevenKempster Taylor Wessing, LondonNaomi Rive Appleby Hunter Bailhache, St.Hellier
1015 – 1030 Coffee/tea break
1030 – 1200
BRIC – dealing with clients investing in, working in or residing in emerging economies to include the BRIC countries, (i.e., Brazil, Russia, India and China) The economies of Brazil, Russia, China and India (the so-called
‘BRIC’ economies) have thrived during the crisis. This comparative
panel will discuss estate planning and tax structuring for wealthy
residents of BRIC. Experts from various jurisdictions will reveal what
are the driving factors for HNW residents of their countries, and will
explain the reasoning behind their choices. Speakers will consider
which jurisdictions and legal structures residents of BRIC use for
holding and financing structures and for wealth management.
Finally, this panel will discuss constraints of local family and
inheritance laws on international succession planning.
Session ChairOlgaBoltenko Withers LLP, London, England; Publications and Scholarship Officer, IBA Indivdual Tax and Private Client Committee
SpeakersSergeiVAlimirzoev Alimirzoev & Trofimov Law Firm, MoscowHanishaAmesur Nishith Desai Associates, Mumbai,Celso Grisi Barretto Ferreira, Kujawski, Brancher e Gonçalves, São PauloGeorgeKing RBC, St.HellierDingFa‘David’Liu Jun He Law Offices, Shanghai
1200 – 1330 Buffet lunch
The organisers may at any time, with or without giving notice, in their absolute discretion and without giving any reason, cancel or postpone the conference, change its venue or any of the other published particulars, or withdraw any invitation to attend. In any case, neither the organisers nor any of their officers, employees, agents, members or representatives shall be liable for any loss, liability, damage or expense suffered or incurred by any person, nor will they return any money paid to them in connection with the conference unless they are satisfied not only that the money in question remains under their control but also that the person who paid it has been unfairly prejudiced (as to which, decision shall be in their sole and unfettered discretion and, when announced, final and conclusive).
LanguageAll working sessions and conference materials will be in English.
How to registerRegister online by 21 January at www.int-bar.org/conferences/conf346 and make payment by credit card, to avail of the ten per cent online registration discount or complete the attached registration form and return it to the Mary Hall at the IBA together with your payment. You should receive e-mailed confirmation of your registration within five days; if you do not then please contact [email protected].
Information
FeesOnline registrations received: on or before from 4 January from 21 January 3 January+ until 21 January++ to 25 February
IBA member £730 £745 £840
Non-member* £865 £880 £970
Young lawyers (under 30 years) £550 £560 £970
Academics/judges (full time) £550 £560 £970
Public lawyers £550 £560 £970
Corporate counsel £660 £670 £970
Conference dinner £74 £75 £75
After 25 February registrations must be received in hard copy at the IBA office.
Hard copy registration forms and fees received: on or before from 4 January from 21 January 3 January+ until 21 January++
IBA member £810 £830 £930
Non-member* £960 £980 £1080
Young lawyers (under 30 years) £610 £620 £1080
Academics/judges (full time) £610 £620 £1080
Public lawyers £610 £620 £1080
Corporate counsel £730 £745 £1080
Conference dinner £74 £75 £75
+ VAT charged at 17.5 per cent++ VAT charged at 20 per cent
VAT is always charged at the rate prevailing at the time of transaction. The VAT rate will increase from midnight GMT 3 January 2011 from 17.5 per cent to 20 per cent for transactions thereafter or until we are advised differently by HM Revenue and Customs.
* By paying the non-member fee, we welcome you as a delegate member of the IBA for the year in which this conference is held, which entitles you to the following benefits: (1) Password access to certain parts of the IBA website. (2) Receipt of IBA E-news and access to online versions of International
Bar News.(3) Pay the member rate for any subsequent conference registrations
for this calendar year.(4) Take advantage of IBA Special Offers.
If you would like to become a full or general member of the IBA, which includes membership of one committee or more – and inclusion in and access to our membership directory – we encourage you to do so now in order to register for this conference at the member rate. Full details of how to join can be found at www.ibanet.org.
The IBA offers senior lawyers a discounted registration fee. Please contact the IBA office for further information.
Full payment must be received in order to process your registration.
submitted to the IBA before 25 February • AccesstotheaboveconferenceworkingmaterialsfromtheIBA
website (www.ibanet.org) approximately seven days prior to the conference
• Lunchon7and8March• Teaandcoffeeduringbreaks
Please note that registrations are not transferable.
Guests are not entitled to attend the working sessions. No member of the legal profession may be registered as a guest.
List of participantsIn order for your name to appear in the list of participants, which will be distributed at the conference, your registration form must be received by 25 February at the latest.
Registration confirmation All documentation regarding your attendance at the conference can now be obtained from the IBA website. Upon receipt of your payment for the conference a confirmation e-mail will be sent containing instructions on how to download the documents. Registration confirmation will not be distributed by post.
Payment of registration feesPounds sterling: by cheque drawn on a UK bank and in favour of the International Bar Association. Please send to: 10th Floor, 1 Stephen Street, London W1T 1AT, United Kingdom. OR by bank transfer to the IBA account number: 13270222 (Sort Code 56-00-03) at the National Westminster Bank, St James’s & Piccadilly Branch, 208 Piccadilly, London W1A 2DG, United Kingdom or SWIFT address NWBKGB2L, IBAN GB05NWBK56000313270222. Please ensure that a copy of the bank transfer details is attached to your registration form.
Euro: by cheque or bank draft, drawn on a euro zone bank and converted at the current rate of exchange and in favour of the International Bar Association.
OR by bank transfer to the IBA bank account number 550/00/06570631 (Sort Code 56-00-03) at the National Westminster Bank, St James’s & Piccadilly Branch, 208 Piccadilly, London W1A 2DG, United Kingdom or SWIFT address NWBKGB2L, IBAN GB58NWBK60721106570631. Please ensure that a copy of the bank transfer details is attached to your registration form.
Use the exchange rate prevailing at the time of registration.
US dollars: by cheque converted at the current rate of exchange and drawn on a US bank and in favour of the International Bar Association. Please send to: 10th Floor, 1 Stephen Street, London W1T 1AT, United Kingdom.
OR by bank transfer to the IBA account number: 01286498 (Sort Code 56-00-03) at the National Westminster Bank, St James’s & Piccadilly Branch, 208 Piccadilly, London W1A 2DG, United Kingdom. SWIFT address NWBKGB2L, IBAN GB55NWBK60730101286498. Please ensure that a copy of the bank transfer details is attached to your registration form.
Use the exchange rate prevailing at the time of registration.
Credit card payments: by Visa, MasterCard or American Express. No other cards are accepted.
PLEASE ENSURE THAT YOUR NAME AND ‘CON346LONDON’ APPEAR ON ANY TRANSFER OR DRAFT.
Cancellation of registrationIf cancellation is received in writing at the IBA office by 4 February, fees will be refunded less a 25 per cent administration charge. We regret that no refunds can be made after this date.
Travel arrangements and visasParticipants are responsible for making their own travel arrangements. It is recommended that you check your visa requirements with your local embassy or consulate. We are unable to dispatch visa invitation letters to support your visa application prior to receipt of your registration form and full payment of registration fees.
Please apply for your visa in good time.
Disabled accessThe Langham is wheelchair accessible. Please notify us if you require special assistance.
Promotional literaturePlease note that no individual or organisation may display or distribute publicity material or other printed matter during the conference, unless by prior arrangement with the IBA. Organisations and companies wishing to discuss promotional opportunities should contact the Sponsorship department at the IBA ([email protected]).
Hotel accommodationThe IBA has reserved a limited number of guestrooms for the nights of 6 March and 7 March at the Langham hotel. The following rates are per room per night and exclusive of VAT (2011 prevailing rate 20 per cent). A full English breakfast is included in the rate.
Single room: £250Double room: £270
Subject to availability, the rates quoted apply if booked by 28 January via the official accommodation agent, Judy Lane Consulting (JLC). This is a limited block of rooms so please book early as rates and availability cannot be guaranteed. To make a reservation:
Complete the ‘Accommodation form’ and return to JLC as soon as possible to benefit from the special IBA rate:
All reservations will be acknowledged, by e-mail, within 48 hours of receipt. Bookings cannot be made without a credit card number. Any subsequent amendment to your reservation must be made in writing to JLC. If you do not receive e-mail confirmation of your reservation or amendment/cancellation, please contact JLC by telephone. Subject to availability, JLC can accept reservations up until 2 March. Thereafter, all reservations should be made direct with the hotel, quoting ‘IBA Conference’ as the reference.
Please note that in the event of any cancellation or no-show within 48 hours prior to arrival, rooms will be charged to the individual guest’s credit card given at the time of booking.
By completing the ‘Accommodation form’, you enter into an agreement with the hotel regarding credit card guarantees, cancellation/no-show terms and conditions and room rates. Neither the IBA nor JLC can accept responsibility for hotel accommodation disputes between a delegate and the hotel.
Continued overleaf
Registration form16th Annual International Wealth Transfer Practices ConferencePrivate clients in 2011 – caught in the crossfire or the crosshairs?
PLEASE nOTE THAT REgISTRATIOnS ARE nOT TRAnSFERABLE.
IBA listings are provided to relevant third parties for marketing purposes. The IBA will treat your personal information with the utmost respect and in accordance with UK data privacy laws.
If you are agreeable to passing on your details, please tick this box
If you do not wish to receive IBA information and materials, please tick this box
Your details will however be included in the list of participants.
Please send the completed form to:
International Bar Association
Mary Hall10th Floor, 1 Stephen Street, London W1T 1AT, United Kingdom
(Please print clearly as your reservation will be confirmed by e-mail. If you do not receive confirmation of your reservation, please contact JLC by telephone.)
Accommodation requirements
Arrival date ______________________________________________________ Departure date ______________________________________________
Single: £250 Double: £270
Smoking Non-smoking
Special requirements ____________________________________________________________________________________________________________
(We will do our best to accommodate these requests but cannot make any guarantees.)
Accommodation guarantee
Reservations cannot be made without a valid credit card number (Visa, MasterCard, American Express and Diners Club are accepted).
Type of card _______________________________________________________________ Expiry date _________________________________________
Name of cardholder ____________________________________________________________________________________________________________
Card number __________________________________________________________________________________________________________________
Signature ___________________________________________________________________ Date ____________________________________________
International Bar Associationthe global voice of the legal profession
The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of 45,000 individual lawyers and more than 197 bar associations and law societies spanning all continents. It has considerable expertise in providing assistance to the global legal community as well as being a source of distinguished legal commentators for international news outlets.
Grouped into two divisions – the Legal Practice Division and the Public and Professional Interest Division – the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information. Through the various committees of the divisions, the IBA enables an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of business law around the globe. Additionally, the IBA’s high-quality publications and world-class conferences provide unrivalled professional development and network-building opportunities for international legal practitioners and professional associates.
Individual Tax and Private Client Committee overviewThe committee is concerned not only with what the law is but how it might develop in: • Inheritancerightsandsuccessionrules• Willmaking• Lifetimegiving• Trusts• Creditorclaimsagainsttrustsandestates• Regulatorycomplianceaffectingtrusts,includingthetracingofproceedsofcrime• Charities,foundationsandnot-for-profitorganisations• Taxationofcapitaltransfersandincome;taxtreaties• Propertyrightsofspousesandco-habitees• Conflictoflawrules
These matters are studied not only in the context of a sole jurisdiction but also with cross-border and multi-jurisdictional implications.
Members of the committee enjoy the following benefits:• Enhancedknowledgeofone’sownjurisdiction• Greatlyenhancedexpertiseinsolvingproblematiccross-borderandmultijurisdictionalclientissues• Unrivalledglobalnetworkingpossibilitiesandaccesstoleadingexpertsworldwide• Avaluabletoolforalltrustandestatepractitionersandanindispensabletoolforinternationalpractitioners
The individual tax and private client committee includes practitioners from a broad range of civil and common-law jurisdictions. The panels and the annual specialist conference organised by the committee focus on international planning and comparative law issues relevant to any practitioner involved in private client work. The issues regularly debated include:• Individualtaxincross-bordercontexts,includingthetaxationofinvestmentincome,investmentorotherstructuresincludingtrusts,andinheritance
and estate tax; • Theuseoftrustsasplanningandprotectiontools,conflictsoflaws;• Internationalsuccessions,wills,probate;• Assetprotection/investmentstructuresincommon-lawandcivillawjurisdictions.
The committee regularly organises joint sessions with its sister committee (Taxes) within the Taxation Section of the IBA, and with other related committees in other sections of the IBA.
Additionally, the Individual Tax and Private Client Committee works with the following committee to form the Taxation Section:
European Regional Forum overviewThe European Regional Forum was established in 1989 to provide a focus originally on the work undertaken by the IBA in developing the practice under changing legal systems of lawyers in Eastern and Central Europe. The forum was also intended to act as a channel for IBA communication with the bar associations of these local lawyers.
Contact information:International Bar Association10th Floor, 1 Stephen Street, London W1T 1AT, United KingdomTel: +44 (0)20 7691 6868 Fax: +44 (0)20 7691 6544www.ibanet.org
