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Trust Law Workshop - Bloemfontein
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This seminar deals with the latest practical issues relating to trusts, and looks at new developments in the light of the 2008 Companies Act and other legislation, and it also deals with what professional advisers should do for their clients to ensure that a trust is regarded as valid and effective.

2013/09/13
When: 2013/09/13
09:00am until 13:00pm:
Where: Protea Hotel (Opposite the University)
202 Nelson Mandela Drive
Brandwag
Bloemfontein, OFS  9301
South Africa
Contact: Ingrid Erwee


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OVERVIEW:

What does the future of trusts entails? Trusts have received a great deal of attention from the courts in recent times and there is an increasing responsibility on trustees and a greater exposure to claims. This makes it increasingly important for professionals who set up and administer trusts, trustees, as well as those who make use of trusts, to be aware of the legislation and case law and how to interpret and apply it.  

In this seminar we will address the latest practical issues relating to trusts, and look at new developments in light of the 2008 Companies Act and other legislation. We will also address with what professional advisers should do for their clients to ensure that a trust is regarded as valid and effective.


COURSE CONTENT:
  • Trusts and likely tax developments and changes: is there a future for trusts?
  • Tax planning for trusts in the light of future changes
  • Trusts and other entities
  • The 2008 Companies Act: personal liability and the use of trusts. Detailed discussion of pertinent sections of the Companies Act and latest case law in the context of trusts
  • Companies, close corporations, sole traders, and partnerships: the risks
  • Other legislation: Tax Administration Act, Financial Services General Amendment Bill (affecting Pensions Fund Act)
  • Detailed reasons and discussion of the practical uses of a trust
  • List and discussion of uses
  • Problems with wills: latest cases
  • Problems with limited rights in property such as usufructs
  • Detailed practical discussion of problems with trusts including latest case law
  • Problem with just having a trust
  • Problem with thinking that trusts are not regulated: detailed discussion of the following
  • Trusts Property Control Act
  • Other statutes
  • Common law
  • The trust deed
  • Trusts holding an office
  • The rights of beneficiaries including discretionary beneficiaries
  • Problems with the way trusts are formed
  • Problems with the way trusts are administered
  • Problems with the way trusts are amended
  • The legal nature of a trust in the light of recent developments such as the 2008 Companies Act
  • A discussion of the parties to a trust
  • Founder
  • Client
  • Trustees: including appointment, resignation and removal
  • Beneficiaries
  • The Master: important focus on powers and rights’
  • The protector
  • The formation of a valid trust: trust requirements
  • Termination of a trust: clauses and consequences
  • Wills and testamentary trusts: latest developments
  • Summary of the most recent case law and issues relating to trusts

WHO SHOULD ATTEND:
  • professional advisers
  • financial planners
  • accountants and lawyers
  • trustees
  • beneficiaries of trusts
  • directors of companies and business people

PRESENTER:

PROFESSOR WALTER
GEACH CA (SA) BA LLB (CAPE TOWN) M COM FCIS

  • Walter Geach is a chartered accountant (CA) (SA)
  • He is an admitted advocate of the High Court of South Africa
  • He is A Professor in the Department of Accounting at the University of the western Cape
  • He is a Fellow of the University of KwaZulu-Natal
  • He is a Fellow of the Chartered Institute of Secretaries Southern Africa
  • He is a non-executive director of GRINDROD LTD , and a member of Grindrod’s audit committee. he is also a member of grindrod’s risk committee
  • He is a non-executive director of Grindrod Bank, and a member of the Bank’s audit committee
  • He is a non-executive director in The CareCross Group of companies in healthcare
  • He is a non-executive director of QDOS (Pty) Ltd, a company involved in tax insurance with Hollard
  • He is the author/co-author of over 14 books which are extensively used in practice by accountants, consultants, lawyers and financial planners. the books deal with a variety of subjects such as company law, corporate governance, taxation, financial planning, and Trusts

CPD:

Attendance will secure 4 hours verifiable CPD points/units, incl. other professional bodies.
(SAICA, SAIPA, SAIBA, ACCA, FPI, ACIS, LSSA, FISA, ICB)


EVENT INVESTMENT:

SAIT Members: R850.00
Affiliated Members R950.00
Non-Members: R990.00


WHY REGISTER WITH SAIT?

Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.

MINIMUM REQUIREMENTS TO REGISTER

The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.

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