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00:00 20:00 (1200 mins)

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Welcome BBQ Hosted by The BDA at 7.30pm on the Great Lawn, The Fairmont Southampton on Wednesday 3rd May

08:00 08:30 (30 mins)

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08:30 09:10 (40 mins)

Breakfast Briefing - Room 1

The Demise of Traditional Philanthropy: Breaking down the Walls Between The Non-Profit and For-Profit Sectors

Today's philanthropy is moving beyond traditional notions of charity at an unprecedented scale in an effort to tackle social and environmental issues. Faced with increasing domestic and international regulation coupled with the demand for demonstrated impact and sustainability, more and more donors are turning toward for-profit structures and practices to guide and facilitate their investments. No longer mutually exclusive worlds, Gina Pereira and Ed Granski will explore the convergence of for-profit and non-profit organisations to effect change in society as demonstrated by the use of:

i. for-profit vehicles to facilitate social investment such as the work undertaken by Mark Zuckerberg;

ii. philanthropic capital to launch social enterprises;

iii. hybrid revenue generation models by operating charities to achieve greater sustainability; and

iv. programme related investments by US private foundations and their immense potential in the social enterprise arena.

  • Gina Pereira - Founder, Dāna Philanthropy
  • Edmund Granski - Senior Advisor, Meritus Trust Company

08:30 09:10 (40 mins)

Breakfast Briefing - Room 2

How to Hold Property

  • Buying property - what are the issues for trustees and how to overcome them
  • If you are acting for a overseas investor how would you hold the property?
  • How do different jurisdictions deal with real estate
  • Trading companies, speculative or risky investments, trophy assets and wasting assets
  • Suitable structures
  • Tax considerations
  • Robert Brodrick - Partner, Payne Hicks Beach
  • Roderick Balfour - Co-Founder, Virtus Trust
  • Randall Krebs - Director, Harbour International Trust Company Limited

08:30 09:10 (40 mins)

Breakfast Briefing - Room 3

Bartlett revisited

Revisiting Bartlett in the light of the Gestrust case. How do proactive trustees differentiate themselves today. Looking at the legal and practical issues when trustees want to flex their muscles. A formal presentation and role play.

  • Jeremy Kosky - Partner, Clifford Chance LLP
  • Simon Graham - Group Managing Director, Lancaster
  • Marie McNeela - Director, Lancaster

08:30 09:10 (40 mins)

Breakfast Briefing - Room 4

The Asian approach to Trusts

A discussion of the cultural differences to be aware of when dealing with Asian clients and their approach to chosing their advisors as well as towards Trusts. Discussion will include a focus around the reluctance to talk about death, reluctance to hand over control, and also the difficulty of getting close enough for the client's to trust you.

  • Catriona Syed - Partner, Charles Russell Speechlys
  • RIchard Norridge - Head of Private Wealth and Trusts, Herbert Smith Freehills

09:30 09:50 (20 mins)

Main agenda

Chairmen’s Opening Remarks & History of the America’s Cup

  • Mr Jonathan Conder - Partner, Macfarlanes
  • Basil Zirinis - Partner, Sullivan & Cromwell LLP

09:50 10:00 (10 mins)

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Opening Welcome from the Government of Bermuda

  • The Hon. Michael Dunkley - Premier, The Goverment of Bermuda
  • Ross Webber - Chief Executive officer, BDA

10:00 10:40 (40 mins)

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Keynote Address: Economic & Political Update Including the Impact of Brexit and the US Election Update

  • Daniel Silke, Political Analyst

10:40 11:00 (20 mins)

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Refreshment Break

11:00 11:50 (50 mins)

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International Trust Litigation Update

  • Nicholas Le Poidevin QC - Barrister, New Square Chambers
  • Robert Ham QC - Barrister, Wilberforce Chambers
  • Jonathan Speck - Managing Partner, Mourant Ozannes

11:50 12:30 (40 mins)

Main agenda

LATAM - Discussion of the Tax Amnesty

  • amnesties: are they successful?
  • loss of privacy: how will clients react?
  • tightening tax systems – potential developments
  •  moving to the U.S.: panacea or trap
  • Moderator Robert Reymond - Partner, Stikeman Elliott
  • Hal Webb - Partner, Bilzin Sumberg
  • Jose Chiarella - Partner, Garrigues
  • Martin Litwak - Partner, Litwak & Partners
  • Alessandro Amadeu da Fonseca - Partner, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados

12:30 13:30 (60 mins)

Main agenda


13:30 14:20 (50 mins)

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Practical Consequences of CRS & FATCA: TIEAs, Disclosures & Amnesty Program

  • Technical issues arising in connection with the new rules (e.g. classification of protectors, appointors, enforcers, PTCs)
  • Privacy and data protection implications of the new transparency rules.
  • How families are approaching the increased level of transparency and whether the new rules are leading to change in attitudes/governance/internal communication.
  • Moderator Mary Duke - Family Wealth Advisor
  • Filippo Noseda - Partner, Withers
  • John Riches - Partner, RMW Law

14:20 15:00 (40 mins)

Main agenda

Extracting Information from Trusts

This lively session will take the form of a trustee posing a number of tricky questions to legal advisors who will be under the spot to provide advice concerning various information requests. Topics covered will include protector consent, on-shore data protection laws, automatic reporting and TIEA orders as well as divorce within the family

  • Elspeth Talbot - Rice QC - Barrister, XXIV Old Buildings
  • Paul Hodgson - Managing Director, Butterfield Trust (Guernsey) Limited
  • Moderator Keith Robinson - Partner, Appleby

15:00 15:20 (20 mins)

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Refreshment Break

15:20 16:00 (40 mins)

Main agenda

Designer Legislation

  • Hastings Bass/mistake and the new offshore statutory frameworks post-Pitt v Holt/Futter v Futter
  • Reserved powers
  • Specialist trusts created by statute (including STAR and VISTA trusts)
  • The US perspective on designer legislation
  • Practical hints and tips for those setting up or litigating structures that take advantage of these provisions
  • Moderator Vanessa Schrum - Group Head of the Private Client and Trusts Department, Appleby
  • Jonathan Arr - Partner, Macfarlanes
  • Peter Pearman - Director, Conyers Dill & Pearman

16:00 16:40 (40 mins)

Main agenda

Family Governance

  • Mary Duke - Family Wealth Advisor
  • Mr Joseph Field - Of Counsel, Withers Bergman LLP
  • Nicholas Jacob - Partner, Forsters
  • Michael Farrant - Partner, Project Associates

16:40 16:50 (10 mins)

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Chairmen’s Summation

  • Mr Jonathan Conder - Partner, Macfarlanes
  • Basil Zirinis - Partner, Sullivan & Cromwell LLP

17:00 18:00 (60 mins)

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Rising Stars Drinks Reception (for Rising Stars only - everyone else may change prior to the beach party)

For Rising Star Entrants only

18:30 20:30 (120 mins)

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Beach Party Hosted by Meritus Trust

Please note this will be on the beach so please wear appropriarte footwear.

  • Introduced by Michelle Wolfe - Partner, Meritus Trust Company

20:30 22:00 (90 mins)

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Dinner on the Beach