Offshore Trusts Report: British Virgin
Islands
The Virgin Islands Special Trusts Act, 2003 (VISTA)
The 'VISTA' law allows BVI trusts to exclude the so-called “prudent
man of business rule” which has traditionally made the trust
an unattractive vehicle to hold long-term assets and requires trustees
to monitor and intervene in the affairs of underlying companies.
The Act enables a shareholder to establish a trust of his company
that disengages the trustee from management responsibility and permits
the company and its business to be retained as long as the directors
think fit.
The legislation permits the entire removal of the trustee’s
monitoring and intervention obligations (except to the extent that
the settlor otherwise requires); permits the settlor to confer on
the trustee a duty to intervene to resolve specific problems (eg
a deadlocked board); and allows trust instruments to lay down rules
for the appointment and removal of directors (so reducing the trustee’s
ability to intervene in management by appointing directors of its
own choice).
Some of the features of the Act are as follows:
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