Express Trust
An express trust is a trust deliberately created by a settlor — by deed, will, or written declaration — naming trustees and identifying beneficiaries or a class of beneficiaries. Express trusts are distinguished from implied or constructive trusts (which arise by operation of law). Almost all UK express trusts must be registered on the HMRC Trust Registration Service under MLR 2017.
when acting on the formation or administration of an express trust, the firm has TRS-registration responsibilities and full CDD obligations on the settlor, trustees, and beneficiaries. The settlor's source of funds and the rationale for the trust structure should be documented to demonstrate the absence of evasion risk.
Other terms that go with Express Trust
The Trust Registration Service is HMRC's central register of UK express trusts, mandated under MLR 2017 Regulation 45ZA. Almost all UK express trusts must be registered on the TRS, regardless of whether they generate a tax liability, with named trustees, settlors, and beneficiaries (or class of beneficiaries) disclosed. Failure to register attracts HMRC penalties.
A beneficial owner is the natural person who ultimately owns or controls a legal entity — such as a company or trust — or on whose behalf a transaction is being conducted. Identifying beneficial ownership is a core CDD obligation where clients are companies, partnerships, or trusts, since the legal owner and the true controlling person may be different.
A Trust or Company Service Provider is a business that — by way of a business — forms companies, provides registered-office or business-address services, acts as or arranges for nominee shareholders or directors, or acts as or arranges for trustees of express trusts. TCSPs are within scope of MLR 2017 (Regulation 12) and must be either supervised by HMRC or a relevant professional body.
Put Express Trust into practice with Certivus
Knowing the term is the first step. Certivus gives you the workflows — client intake, CDD, EDD, PEP and sanctions screening, audit-ready records — to apply it across every client.
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