November 19, 2016 Alok Gupta Sale & Transfer of Investment Securities

Should you have faced the scenario of finding evidence of an asset which is not located in your legal jurisdiction in the administration of an estate, you will know that there can often be complications involved in dealing with that asset.

Even those who have met this before are often tempted to ‘park’ the offshore asset whilst dealing with more familiar territory.  Yes, the valuation stage might be straightforward, but how do you actually deal with that asset; what do you do and where do you turn?

The permutations are endless; USA and Canadian shares; are these certified or held on a DRS system and upon transfer, will they require a medallion guarantee: land held in an offshore location; is the law applicable to that land, that where the land is situated, or elsewhere and what are the local procedures for dealing with it; is the local system a common law system or based on a codified system which probably requires the transfer of title to be dealt with by local notaries: Non USA and Canadian shares and bank accounts; again common law system or codified system; is a reseal required in the local court or is a local notarial declaration required; can the asset be collected against the domiciliary probate?

It is not surprising that so often offshore assets are dealt with an afterthought.  The important point is that these assets should be placed on an equal footing to those one would be used to dealing with.  This will often mean that help is required outside your own office and that help, if required, should be sought at the earliest opportunity for dealing with those offshore assets can often take time.  To ask for help early can avoid frustration on the part of beneficiaries if that offshore asset remains ‘parked’ until the administration of the ‘home’ estate was virtually or actually complete.

At Share Data we have the expertise to assist with offshore assets in the majority of major jurisdictions in the world, whether that be afar or closer to home such as the Isle of Man, Jersey or Guernsey. 

A simple email at the earliest possible opportunity will bring you not only a quote for the service required but the peace of mind that you have taken the best possible action to complete the administration of the offshore asset in good time.

We are here to help. Simply contact our team of experts who will provide you with professional advice and assist you with the whole procedure.