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Clients are acquired from within the UK via referral only. All clients will strictly comply with anti money laundering regulations.
CQV Trustees has a strict customer onboarding requirement, should you wish to become one of our trust beneficiaries you are required to:
1) Pass our comprehensive know your customer assessments,
2) Complete and pass education course that covers:
The history of the commerce system,
How to become and operate as a secured party creditor over the Cestui Que Vie trust,
How to use Non-Statutory Common Law Trusts to protect assets,
How to file tax assessments to receive tax rebates,
How to issue and file exchange security futures.
3) Pass the education course with a minimum pass rate
4) Completed an approved Secured Party Creditor (SPC) filing process
Our education courses are provided by appointed specialist outsourced education and SPC facilitation providers.
Our education and SPC facilitation providers are detailed below:
lain qualified in 1995 via the Chartered Insurance Institute in life insurance, pensions, trusts, annuities, investment management and tax and has operated at senior level of various regulated financial services companies in multiple jurisdictions. lain has operated as a Pensioneer Trustee.
Terry started his career at JP Morgan as an Internal Auditor and after 14 years moved on to work for a number of banks. In 1987 he took up his first compliance role. Since 1987 he has been variously a registered Compliance Officer, MLRO and Director with many financial services companies, also acting as a compliance consultant for other firms. He has also worked as a director/consultant with non-regulated companies, run his own claims handling company and worked with several other companies as their accountant and/or their treasurer.
Barrie started his operations career in Argos 1994 and spent time in various management roles within stores eventually managing one of the largest turnover stores in the company. He left in 2009 to pursue his goal of having his own company and helping other businesses to improve their sales, efficiencies and profitability. His main skills are sales, business analysis, people development, coaching, mentoring & business training. He has had several directorships.
The purpose of this document is to inform you of the various factors and issues concerning trusts so that you may make an informed decision as to whether a trust may be of any benefit to your life.
The first and most fundamental issue that one needs to understand is the distinction between a statutory trust and a non–statutory trust. A non–statutory trust is generally referred to as a common law trust.
Statutory trusts are those, like corporations, that are established by and through a law created by the legislature of your State. Such trusts are imbued by the legislature with certain “financial advantages” (e.g. exempting certain property from State taxation of one form or another).
Statutory trusts are 100% within the regulatory control of the State. When you place the property in a statutory trust, you are registering the property to the State and entering a contract with the State that establishes the property within the State’s jurisdiction. Placing one’s property within a statutory trust also makes that property ripe for administrative levy and/or seizure if a tax agency makes a claim against the person who established the trust, or against the trust directly.
Conversely, common law trusts are not created by legislative fiat but are created in the realm of Equity and under a Citizen’s unalienable right to contract.
“A pure Trust is non–statutory. The Court holds that the Trust is created under the realm of equity under common law and is not created by legislative authority.”
Croker v. McCloy, 649 US Supp 39
A contractual organization is created under the common law of contracts and does not depend upon any statute for its existence.
It is important to know and understand that an organisation (such as a common law trust), which has not been created under State authority, generally cannot be regulated, and most State laws have no legal force upon such an organisation.
Another advantage of a common law trust is that the trust possesses the same rights, privileges and immunities (speaking in Constitutional terms) as the Trustee.
“The fact that a business trust is not regarded as a legal entity distinct from its trustees, if a true trust may result in this advantage to the trust, which a corporation does not possess: The trust consists of individuals who are Citizens, and who, therefore, are entitled to certain rights and immunities such as those guaranteed by the privileges and immunities clauses of the Constitution, which do not apply to Corporations.”
Morrissey v. Commissioner of Internal Revenue, 296 US 344 (1935)
This is an important concept that translates into important real–life benefits. Most “organisations” are statutory fictions and are subject to statutory law. They are also obligated to open their “books and records”, upon demand, to allow the State to explore whether or not some violation (of a virtually endless list of statutes) has occurred. Statutory entities may also be prohibited from activities from which a Citizen with unalienable rights cannot be prohibited.
Common law trusts are not bound by laws controlling the actions of corporations. Common law trusts are not bound by “public policy” “law”. Common law trusts need not open their books to anyone unless ordered to do so by a true judicial warrant issued by an appropriate court.
Common law trusts may freely engage in any activity that any Citizen may engage in (provided that the trustee/s is/are Citizens of the same State.
“Non–statutory trusts are unincorporated Pure trusts. They are not organised under any statute; and they
derive no power, benefit, or privilege from any statute.”
Hecht v. Malley, 68 L ed 949
“Pure Trust is not subject to legislative control. The Court holds that the Trust is…not subject to the legislative
restriction as are a corporation and other statutory entities created by legislative authority.”
Croker v. McCloy, 649 US Supp 39
“A common law non–statutory Trust derives no power, benefit, or privilege from any statute.”
Crocker v. Malley 264 US 144
Trusts are used primarily for four purposes:
Privacy – Common law non–statutory Trusts can provide privacy in a manner that no statutory entity can. Whenever the State is a party to a business arrangement, such as establishing a corporation or other statutory entity, the State requires the particulars from all the associated parties and that information becomes a part of the public record and is generally accessible.
By contrast, common law non–statutory Trusts are traditionally held in the strictest privacy, with no one but the settlor and the trustee knowing all the details of the trust and the identities of those involved.
Generational Preservation of Assets – Many people would prefer to avoid a situation in which inheritance taxes would be owed on property after their death. By placing property (real or personal) in a common law non–statutory Trust, the “owner” of the property (the trust) never dies, and therefore no “inheritance” takes place. Even though the property belongs to a trust, current and future generations of a family may make unfettered use of the property under the terms of the trust. This form of trust arrangement should always be an irrevocable trust.
Protection of Assets – Done correctly, a settlor may retain the use and benefit of the property while no longer being the actual owner. This form of trust arrangement should always be an irrevocable trust.
Privacy and liability shield – When a trust conducts business, it enjoys privacy, freedom from most State regulations, separation of personal assets from Trust assets, and the Trustees are shielded from the liabilities of the Trust (unless fraud is involved). That last benefit is similar in concept and operation to what corporate officers call, “the corporate veil”.
“The fact that the trustees hold property, does not mean the trustees own personal property. Trust property cannot be held under attachment nor sold upon execution of trustees’ debt. Trustees and beneficiaries cannot be held liable for debts incurred by the trust. The certificate holders [the true owners of the Trust property] are not liable for obligations incurred by the trustees or managing agents appointed by the trustees.
Hussey v. Arnold, 70n N.E. 87; Mayo v. Moritz, 24 N.E. 1083
“Trust property cannot be held under attachment nor sold upon execution, for the trustee’s personal debts.”
Clew v. Jamison, 182 US 461, 21 S Ct 645
Common law non–statutory Trusts afford the very same type of protection for, and from, the trustee(s) and managing agents as a corporation does for its officers.
Pure Trust Business Organizations also have the added advantage of incurring no State tax liability.
Trusts, common law or statutory are either “revocable” or “irrevocable”.
Revocable means that the trust can be readily dissolved and the property within the trust reverts to the sole ownership of the “grantor” (the former owner). These trusts are often referred to as a “Grantor’s Trust”. Such trusts do not afford much asset protection. In most cases, the law considers such trusts to be little more than an “alter–ego” of the grantor. Many courts have declared revocable trusts to be nothing more than a “dba” of the grantor.
Irrevocable Trusts offer the strongest asset protection possible. Like a corporation, irrevocable trusts are considered a separate legal “person” from the settlor and/or the grantor(s). Irrevocable trusts generally exist for eternity – or until some specified event occurs, requiring the termination of the trust.
However, unlike a corporation, a common law non–statutory Trust may exercise all the rights, privileges and immunities of the Trustee/s.
It should be understood that property conveyed into an irrevocable trust becomes the sole property of the Trust and will generally not be returned to the previous owner.
Once property is conveyed into trust, it is “held in trust” by the Trustee/s and administrated in the best interest of the trust, following the trust indenture. This is one of the essential reasons that property within such a trust is so secure – there can be no claim made that the property still belongs to the former owner (grantor).
A trust is administrated by a Trustee or a board of Trustees. There is no other proper and lawful way for a trust
to be administrated.
Do not have the adverse downsides of statutory trusts, disadvantages are negated, and benefits added, through the “contract” form in which the trusts are written
Statutes that evidence the existence of a Trust and its beneficiary
International securities laws
A living man or woman that has a taken control of their Cestui Que Vie Trust via a superior lien
House Joint Resolution that set up the creditor status of each living man and woman
Statute that confirms the requirement of every tax payer to balance their file tax returns to 0 their exemption account
