Corporate Trustee Decision-Making: A Guide to Protecting the Company – And Yourself
- Decision-making for corporate trustees: Should you offer corporate trustee services?
- Director and shareholder resolutions: Are the decisions made by the corporate trustee consistent with its governing documents?
- Protecting the company: Are there any specific insurance policies or coverage limits in place to protect the corporate trustee from liability?
- Where the corporate trustee was not governed in accordance with the trust's terms
- Duty of care:
- Potential conflicts of interest arising from dual role as lawyer and trustee
- Corporate trustee managing conflicts of interest when serving multiple trusts
- Pros and cons, tips and tricks
Presented by Vicki Ammundsen, Director, Vicki Ammundsen Trust Law, and Theresa Donnelly, Legal Services Manager, Perpetual Guardian
Chair
Fiona King, Partner, TGT Legal
Learning Objectives:
- Identify key legal risks and obligations for corporate trustees, including duties of care and conflict management
- Learn how to structure and document decisions to protect both the trustee company and its directors
Description
Attend and earn 1 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Presenters
Theresa Donnelly, Legal Services Manager, Perpetual Guardian
Theresa Donnelly graduated from Auckland University in 1992 and has over 30 years’ experience in private practice, government and in-house Legal. Theresa is currently the Legal Services Manager at Perpetual Guardian, and is a recognised Elder Law expert. Theresa is formerly from Public Trust (Team Leader) and the Ministry of Social Development, where she was lead Senior in their Public Law Team responsible for advice in relation to Older People’s Policy and the Office of Senior Citizens. She is a regular presenter and speaker for professional groups such as Legalwise, NZLS/CLE, ADLS, STEPS, CCH and other professional organisations.
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
Vicki is the director at Vicki Ammundsen Trust Law Limited, which she established in 2015, and the author of a number of books on trusts and trustees including Taxation of Trusts, ed 3, Trustee Liability and the Trustee’s Handbook, ed 4 (all CCH New Zealand Limited). She has presented at conferences in New Zealand and internationally on wills and estates, trusts and the law of equity. Vicki also produces the blog Matters of Trust as a resource to share up-to-date trust law knowledge. Vicki uses her day-to-day experience with trusts and estates and her deep knowledge of New Zealand and international case developments to underpin her practical, solutions-focussed approach to dealing with trust and family law issues. She firmly believes that trusts have an important role to play in inter-generational asset management, but that this is risked by a lack of understanding of effective or appropriate trust management that too often leads to misunderstanding or abuse.
Fiona King, Partner, TGT Legal
Fiona is a partner at TGT Legal. She specialises in all aspects of trust law and personal asset planning. She has particular interest and expertise in complex trust restructuring and is focussed on delivering practical solutions for her clients, many of which she has worked with for a number of years. Fiona has previously presented seminars on various aspects of trust law. She is full member of STEP (Society of Trust and Estate Practitioners).