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Trust Services
New Types of Trust
Expense Prepayment Trusts

Expense Prepayment Trusts

How It Works?
Meaning and Structure

A settlor may sign a Trust deed with a Trust provider so as to accord with legal requirements (such as in the case of Article 44 of the Law pertaining to funeral management which stipulates that funeral service providers must place into trust 75% of the cash received in advance from a contract signed during a person’s life) or so as to upgrade the image of their product in order to gain customers’ trust. In so doing, the settlor will pay a certain amount of the fees raised in advance to the Trustee to manage and handle the Trust.

Basic Diagram
Characteistics
  • Settlors for this type of Trust will usually be those who accept some form of upfront payment or have some membership affiliation, such as funeral homes, gyms, beauty parlors, etc.
  • The Trust assets are an upfront service fee taken by the Settlor from his/her client, usually representing a substantial sum over a long period. This type of Trust has been designed to help the Settlor, before he/she has to fulfill the requirements of the contract with his/her client, to safeguard the advance payment against misuse, which could in turn lead to the company having operational or financial problems and so affect the rights of his/her client.
  • In establishing a Trust in which one is also the beneficiary, only after the settlor has fulfilled his obligations towards his/her client or when there occur other factors which are specified in the trust contract (including but not limited to cancellation, conclusion or termination of the contract between the settlor and his client), and only then can the Trust assets be accessed, the Trustee stands as a third party, rigorously controlling the Trust’s cash assets, and protecting all the client’s hard-earned money.
  • The Trust assets are as a matter of principle invested only in cautious or conservative investments, such as bond funds.
  • Both the profit derived from handling the Trust assets, as well as the related risk, are borne by the settlor / beneficiary (one and the same party).
  • The Trustee cooperates with the demands of the settlor, and regularly provides the client with dedicated e-mail access to check the balances of separate Trust account, so allowing for greater clarity of the Trust structure.
Application

Now apart from forcing funeral operators, when selling the “Living contract”, to place into Trust the 75% upfront contract deposit that they receive from their clients, other groups such as umbilical cord blood banks, bridal salons, beauty salons, and in future even department stores issuing coupons or gifts as loyalty programs, are all suitable for using this Trust structure so as raise product awareness, raise customers’ confidence to spend, and open up new business opportunities and profit centers

Before You Apply
Requirements

Must be a legally registered general person of Taiwan nationality (with the relevant proof of registration) or a person, company, group or organization that is in accordance with the relevant laws and regulations.

Required documentation
General person

the settlor must bring along the following required documentation.

  • Legal person’s card showing company name change
  • Business registration document or other legal registration document
  • Responsible person’s ID
  • Two copies of the company’s and responsible person’s chop
  • Company Board minutes
  • Other documentation as required by law or the agreement between the two parties
Legal persons

Legal persons, companies, groups and other organizations, which are in accordance with other relevant laws, must provide documentary proof that their relevant Boards have approved the establishment of the Trust.

Interested in Expense Prepayment Trusts?
Call Trust Department telephone: (02) 25597171 ext 5432, 5434, 5422