In a previous post we tackled the question whether the common law trust may be regarded as a ‘legal entity’. We concluded that this was rather doubtful.
Nevertheless, in the Olsen-case (7 July 2014), to which we referred in our earlier blogpost, the EFTA-Court ruled that a trust, as an entity, may fall within the scope of Articles 31 and 40 of the Agreement on the European Economic Area (‘EEA-Agreement’). The practical consequence of this ruling was that trusts may come under the scope of the so-called freedom of establishment and the free movement of capital in the EEA (and therefore also in the EU). Continue reading “Do ‘Centros’ and ‘Inspire Art’ apply to trusts?”