Траст: ADGM: ответы с источниками

в ADGM английское трастовое право применяется через Application of English Law Regulations 2015 вместе с Trusts (Special Provisions) Regulations 2016

«Legal Basis for Trusts in ADGM In ADGM, the law of trusts is governed by English common law and principles of equity, as applied pursuant to the ADGM Application of English Law Regulations, as well as via the Trusts (Special Provisions) Regulations 2016. An express trust arises where a settlor intentionally transfers property to a trustee to be held on trust for the benefit of beneficiaries, or where the settlor declares that they hold property as trustee for beneficiaries. An express trust is therefore a legal arrangement, and does not, and cannot, have separate legal personality. Where a trust is governed by ADGM law and relies on the ADGM Courts for dispute resolution, it is generally preferable that the trustee is located in ADGM or has submitted to the jurisdiction of the ADGM Courts, so that the Court can exercise effective personal jurisdiction and enforce its orders. Role Holders and the Minimum Legal Requirements to Establish a Trust Under ADGM Law Under English common law as applied in ADGM, an express trust may come into existence when the “three certainties” exist: the certainty of intention; certainty of subject matter; and certainty of object. …»

Источник: adgm.com · копия источника от 2026-10-03

«1.1. This Guidance has been produced to help legal practitioners in ADGM to understand the intention behind the Application of English Law Regulations 2015 (the “Application Regulations”) and how English law has been implemented in ADGM. ADGM’s legal system is based on English common law, a number of English statutes (implemented locally and consistently with the English form) and ADGM enactments which have been primarily drafted from English statutory precedents and, partly, from those of other commercially respected common law jurisdictions. There are many advantages of ADGM’s approach to implementing English law, as set out below. Practitioners and businesses operating in ADGM may find it helpful to familiarise themselves with ADGM’s approach. 2. COMMON LAW 2.1. English common law: Under Article 1 of the Application Regulations English common law (including the rules of equity) has direct precedential value in the ADGM courts. The Application Regulations allow the ADGM courts to refer to English common law on an “evergreen” basis, i.e. as the body of English case law stands from time to time. …»

Источник: assets.adgm.com · копия источника от 2026-10-03