Special Purpose Entities
Families can establish special purpose unregulated entities in South Dakota―one of the few states that allow it―in order to enable people they rely on such as long-time trusted accountants, lawyers, family office staff and other professionals to serve as investment committee members, distribution committee members or trust protectors.
- Liability insurance coverage is much easier to obtain for directors, officers, board members and employees of these special purpose entities than for individuals serving as co-trustees or trust advisors.
- Using a special purpose entity limits the type of disruption that can happen when individuals are no longer able to fulfill their responsibilities in cases of resignation/removal, death, disability or other circumstances. In most instances, the corporate entity serving as an investment or distribution advisor can offer legal continuity by easily replacing advisors/committee members in these circumstances.
- Having independent advisors responsible for these functions eliminates estate tax inclusion concerns for family members who serve as co-trustees or advisors.