The Anguilla Financial Services Commission published a final consultation note on the draft Anguilla Special Trust Act, setting out a proposed special trust framework for Anguilla and inviting comments by 30 December 2025. Under the proposal, the special trust would be permitted to hold assets exclusively in a company incorporated under the Business Companies Act, reflecting an approach used in other jurisdictions where a special trust holds only a domestic company. The draft legislation also incorporates provisions addressing the Hague Convention on the Law Applicable to Trusts and on their Recognition, statutory anti-forced heirship protections, the neutralization of trustee dispositive powers, and the formal inclusion of enforcer roles, and it addresses the Rule Against Perpetuity which is already covered in existing Anguillian law. The consultation closes on 30 December 2025, following earlier consultation notes issued in September 2020 and July 2021.
Anguilla Financial Services Commission 2025-12-22
Anguilla Financial Services Commission issues final consultation note on draft Anguilla Special Trust Act
The Anguilla Financial Services Commission released a final consultation note on the draft Anguilla Special Trust Act, proposing a framework for special trusts to hold assets exclusively in companies incorporated under the Business Companies Act. The draft includes provisions on the Hague Convention, anti-forced heirship protections, trustee powers, enforcer roles, and the Rule Against Perpetuity.