By Mark Pierce, Esq.
- Unregulated Private Trust Company
Wyoming Private Trust Companies
Unregulated & Private
What's a Private Trust Company?
A Private Trust Company (PTC) is specifically established to serve as the trustee for one or multiple Family Trusts. Unlike Public Trust companies, a PTC is prohibited from soliciting business from the general public; its exclusive function is to act as the trustee for a Trust or related Trusts. This structure is commonly adopted by families aiming to maintain active involvement in the decision-making processes of their Wyoming trust ensuring that the Trust is not only well-maintained but also aligned with their preferences.
Is a PTC Right for You?
One of the main benefits of a PTC is the level of control and privacy the trustor (you) has over the Trust’s finances. A PTC is run by a board of directors in charge of making decisions, just like any other company. The advantage lies in the flexibility to appoint numerous family members, trusted business partners, or legal experts to this board, including the option to appoint yourself. This arrangement ensures that the Trust's finances are managed by individuals you trust. Furthermore, a Private Trust Company (PTC) offers enhanced confidentiality compared to a large and heavily regulated international financial institution, as it operates with a circle of individuals you can depend on.
In today’s world, financial circumstances can change from day to day. With a PTC you can react quickly to these changing circumstances because your board of directors will be more familiar with the transactions of the company than a corporate trustee. Therefore, they can be more efficient when reacting to those changing circumstances.
Lastly, with a PTC many Trusts can be unified under a single set of laws, instead of differing jurisdictions. Decision-making is therefore simplified and more effective. Succession is also simplified under a PTC. There is a clear hierarchy of decision-making that obviates the messy legal battles that can occur with Trusts.
If you would like to maintain a high level of control over your Family’s Trusts, maintain privacy, increase your flexibility in the face of changing circumstances, and simplify the hierarchy of control, then a Private Trust Company is probably right for you. Book an Attorney Consultation for any questions you may have.
The Benefits of a PTC
One of the key features distinguishing Wyoming is the absence of contribution requirements and state oversight. In most places, a minimum contribution of $200,000 to $500,000 is required and there is significant regulation. However, in Wyoming, a Wyoming Single Family Private Trust Company (WPTC) is either a Wyoming LLC or Corporation established to serve your family.
Trust Company Terms
- Owners: The company is owned by you and your family. You, your family, and trusted advisors fill committee and officer roles.
- Committees: These are not required, however, they are useful for operations and administration.
- Contracted Services: Contracts may be entered into with advisors, attorneys, CPAs, and more.
- Articles: These are filed with the Secretary of State. To receive Banking Commission approval, they must specify they will not provide trustee services to the general public.
- Important Documents: These will either be an operating agreement for an LLC or bylaws for a corporation.
- Maintenance: The initial filing is quick. Future maintenance only requires a Registered Agent, an annual report, and an annual meeting.
Requirements to Establish a Family Office
To form a PTC in Wyoming you are required to establish an office for your family. Wyoming LLC Attorney provides the following services to support your family office:
- Assistance Establishing a Private Trust Company
- Registered Agent in Wyoming
- Address in Wyoming
- Mail Forwarding & Scanning Services
- Local Phone Number
- Wyoming Bank Account
- Assistance Filing With the WY Secretary of State
- Counseling Regarding Trust Assets
- Coordinating with Professionals, Managers and Advisors
An Irrevocable Trust is treated as its own person in the eyes of the law. For this reason, it cannot be revoked by a judge to pay your debts. The Trust is its own entity with its own rights under the eyes of the law.
However, do not let the term irrevocable scare you. The Trust we draft allows you to change beneficiaries at any time for any reason. You may also act as your own trustee or appoint and remove other trustees at your discretion. Distributions must be approved by you, and you may invest or use the Trust's assets as you wish.
Parting Thoughts: Private vs. Public Trust Company
Choosing between a Private and Public Trust Company is a significant decision, and while both have their merits, the advantages of a private option often prove to be more compelling. For families desiring a high level of control, privacy, and simplified management, a Private Trust Company, especially in Wyoming, is a strategic and beneficial choice.
Seeking professional help and consulting with an experienced estate attorney are highly recommended to establish the PTC. This ensures that families can navigate the complexities of formation, maximize the benefits, and secure their financial legacy with precision and flexibility. If you're considering the formation of a Private Trust Company and wish to seek advice from an attorney, schedule an Attorney Consultation.
Frequently Asked Questions: Private Trust Companies
Wyoming, Nevada and South Dakota are the most popular private trust company situs locations. Wyoming has the smallest required capital contribution and pairs well with the self-settled trust for families desiring more privacy and control.
A trust is not a legal entity per se in Wyoming. A trust is a contract under the law with a grantor, beneficiary and trustee. The trust is, however, treated as a person under the law as determined by the Supreme Court.
A Private Trust Company is meant to lower management fees for a family trust, or series of related trusts, while also providing additional control and investment flexibility versus a public trustee.
A Private Family Trust Company (PTC) is an LLC or Corporation created solely for the purpose of being trustee to one or more related family trusts, but not to provide services to the public.