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ARTICLE · 08 FEBRUARY 2018

Compliance Challenges Of Asset Holding Structures

Asset holding structures and their uses have been the subject of frequent media misrepresentation.

SwitzerlandCorporate/Commercial Law
Alexandre Von Heeren
Alexandre Von Heeren
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Legislation, most prominently the US Foreign Account Tax Compliance Act (FATCA) and the OECD Common Reporting Standard (CRS), as well as local regulation directly and indirectly linked to these (e.g. due diligence rules, accounting and reporting requirements etc.) are posing an additional challenge to financial intermediaries and most importantly to their clients. This is all the more the case when asset holding structures, such as trusts, foundations, companies, partnerships, private funds etc. are used. Reporting and disclosure rules have become omnipresent over the years.

Asset holding structures and their uses have been the subject of frequent media misrepresentation. This wrongly created the impression that such vehicles are primarily abusive and implemented for illicit purposes. The reality frequently looks different. In fact, most often the reasons to start an asset holding structure lie in private law and not in tax or confidentiality. Cross-border ownership

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