Understanding How Top Trust Companies Operate (2024)

Banks, insurance companies, brokerage firms, and financial planning firms are all vying for a piece of your portfolio.As a result, consumers often find their assets scattered among these institutions. One solution to this problem is a trust company, which can provide a variety of investment, tax, and estate planning services for clients. This article will provide a high-level overview of the nature and function of trust companies, as well as the services they offer.

What Is a Trust Company?

By definition, a trust company is a separate corporate entity owned by a bank or other financial institution, law firm, or independent partnership. Its function is to manage trusts, trust funds, and estates for individuals, businesses, and other entities. A trust is an arrangement that allows a third party or trustee to hold assets or property for a beneficiary or beneficiaries.

Trust companies get their title from the fact that they act in a fiduciary capacity for their clients—as trustees. A fiduciary is an organization or an individual with the responsibility to act on behalf of others to manage their assets.

The majority of a trust company's assets are held in actual trusts, with the trust company named as the trustee. Trust companies generally employ several types of financial professionals, including financial planners, attorneys, portfolio managers, CPAs, and other tax professionals, trust officers, real estate experts, and administrative personnel.

Key Takeaways

  • A trust company is a separate corporate entity owned by a bank or other financial institution, law firm, or independent partnership.
  • A trust is an arrangement that allows a third party or trustee to hold assets or property for a beneficiary or beneficiaries.
  • A trust company manages trusts, trust funds, and estates for individuals, businesses, and other entities.
  • Trust companies perform a wide range of services related to investment and asset management as well as safekeeping services.

What Can a Trust Company Do for Me?

Trust companies perform a wide range of services related to investment and asset management. Of course, one of the primary functions of most trust companies is managing the investment portfolios within the trusts of their clients. The investment management is done either in-house or by an affiliated third-party manager selected by or recommended to the client.

A wide variety of investments, ranging from individual securities and mutual funds to derivatives and real estate, can be employed to achieve various investment objectives, such as growth or income. Special services are also available for high-net-worth clients, including alternative investments, such as limited partnerships, natural resources, private equity, and hedge funds. Regardless of the type of management used, investment management is always customized for each client's risk tolerance and time horizon.

Financial and Trust Services

Trust companies also can provide safekeeping services within secure vaults for other types of tangible investments or valuables, such as jewelry and collectibles. Often financial planners are employed to produce comprehensivefinancial plans for clients, covering all aspects of a client's financial life, including investments, insurance, and retirement planning. A planner might also focus on a specific segment of a client's finances, such as investment or college planning. Comprehensive income, gift, trust, and estate tax return preparation and planning are also standard fare for many trust companies. Even escrow services and holding accounts for proceeds from 1031 exchange real estate transactions can be provided, if necessary. Section 1031 is anInternal Revenue Code (IRC)provision that allows taxes to be deferred on qualifying assets such as real estate.

Estate Planning Services

Trust companies can handle all aspects of the estate settlement process, including valuation, dispersion, and re-titling of assets, payment of debts, and expenses, estate tax return preparation, the sale of closely-held businesses, and all other necessary tasks related to passing on the property of a deceased grantor or client. Trust companies often end up working with their clients' heirs as well, providing the same array of services to the estate assets' recipients as tothe donor.

Corporate Trust Services

Corporate trust services can provide assistance with both the issuance and administration of corporate debt. Corporate trusts might distribute the interest payments from the corporation to the bondholders and ensure that the issuer is adhering to the covenants of the bond agreement.

Types of Trusts

Trust companies manage all phases of the trust creation, administration, and disposition processes. Although there are many different types of trusts, they usually fall into two types of categories.

Revocable Trust

Arevocable trustis a trust that can be changed at any time. For example, the beneficiaries could be changed, or the trust can be dissolved. The owner of a revocable trust maintains control over the trust at all times. The owner or grantor can be the beneficiary or name anyone.

Irrevocable Trust

Anirrevocable trustdoesn't allow any changes nor can the trust be dissolved without the permission from the beneficiary. Irrevocable trusts are helpful in avoiding taxes on gifts or protecting the beneficiary's inheritance from any legal actions from creditors if the beneficiary has financial issues later in life.

Other types of trusts include:

  • Living trust and testamentary trusts
  • Second-to-die life insurance trusts
  • Charitable trusts (foundations and endowments for the wealthy are usually available as well)
  • Intentionally defective trusts
  • Incentive trusts
  • Generation-skipping trusts
  • QTIP trusts
  • Qualified personal residence trusts
  • Marital trusts
  • Educational trusts
  • Retirement trust accounts, such as IRAs and qualified plans

Why Use a Trust Company?

Trust companies can provide a wealth of services to clients from one convenient, centralized location. They save their clients time and effort by eliminating the need to coordinate financial assets and information between brokers, financial planners, tax advisors, tax preparers, and attorneys. Trust companies also take full fiduciary responsibility for their clients' financial well-being, thus assuring that the clients' best interests are always considered in each service and transaction performed.

Consumers who want to engage the services of a trust company will have many local entities from which to choose. Virtually all major banks and savings institutions offer trust services through a separate department. Still, most clients who wish to employ a trust company must generally meet certain financial requirements; for instance, a trust may require the client to have a net worth of at least $500,000.

The Bottom Line

Trust companies provide a wide array of services, ranging from trust and investment administration to comprehensive wealth management services, such as tax preparation, tax advice, and financial planning services. For consumers seeking a 'one-stop-shop'approach to the management of their financial affairs, trust companies may offer the perfect solution.

Understanding How Top Trust Companies Operate (2024)

FAQs

How do trust companies operate? ›

A trust company is typically tasked with the administration, management, and the eventual transfer of assets to beneficiaries. A trust company acts as a custodian for trusts, estates, custodial arrangements, asset management, stock transfer, and beneficial ownership registration.

What are the best trust companies? ›

Top U.S. trust operations (total assets)
  • State Street Bank and Trust Co. ...
  • JPMorgan Chase Bank 6,815,751,000. ...
  • The Bank of New York 3,817,059,184. ...
  • Citibank NA 2,244,343,000. ...
  • Deutsche Bank Trust Company Americas 2,111,681,000. ...
  • The Northern Trust Co. ...
  • Mellon Bank NA 959,140,153. ...
  • Investors Bank and Trust Co.

What is a business trust and how does it operate? ›

A trust is an agreement that allows one party, known as a trustee, to hold, manage, and direct assets or property on behalf of another party, called the beneficiary. In a business trust, a trustee manages a business and conducts transactions for the benefit of its beneficiaries.

How are trust companies regulated in the US? ›

Public/retail trust companies are regulated by state banking authorities because they interact with the general public. PFTCs can be either regulated or unregulated. Nevada, New Hampshire, South Dakota, Tennessee and Wyoming all permit regulated PFTCs. Wyoming and Nevada also allow unregulated PFTCs4.

Who holds the real power in a trust, the trustee or the beneficiary? ›

A trustee has all the powers listed in the trust document, unless they conflict with California law or unless a court order says otherwise. The trustee must collect, preserve and protect the trust assets.

Who is the owner of a trust company? ›

Key Takeaways. A trust company is a separate corporate entity owned by a bank or other financial institution, law firm, or independent partnership. A trust is an arrangement that allows a third party or trustee to hold assets or property for a beneficiary or beneficiaries.

What is the major disadvantage of a trust? ›

The major disadvantages that are associated with trusts are their perceived irrevocability, the loss of control over assets that are put into trust and their costs. In fact trusts can be made revocable, but this generally has negative consequences in respect of tax, estate duty, asset protection and stamp duty.

Who is the best person to manage a trust? ›

A good Trustee should be someone who is honest and trustworthy, because they will have a lot of power under your trust document. The person you choose to act as a Trustee should also be financially responsible, because they will be handling the investments for the benefit of your beneficiaries.

What is the best state for trust companies? ›

Nevada, South Dakota, Delaware, Alaska and Wyoming are generally recognized as the states with the most favorable trust laws and regulations. These states generally have a favorable tax environment, strong asset and privacy protection laws, and flexible decanting provisions and trust modification options.

What are the disadvantages of a business trust? ›

Disadvantages of a Business Trust

Ongoing cost to maintain the trust ~ somebody's got to manage the trust. There are going to be additional administration costs, it's going to have separate paperwork it needs to file.

Why do people put their business in a trust? ›

Trusts are popular asset transfer vehicles that allow you to avoid probate and keep assets out of the hands of creditors. By placing LLC membership interests in a trust, business owners can combine the two types of legal entities and enjoy the best of both worlds.

Can a trust own an S Corp? ›

Many people ask if a trust can own S Corporation stock. In general, living trusts and testamentary trusts may hold S corporation stock only for two (2) years after the date of death of the grantor.

What is the difference between a bank and a trust company? ›

Unlike a bank, a trust company does not lend your assets out – it holds your assets bankruptcy remote, fully segregated from corporate assets.

Do trust companies have to register with SEC? ›

For example, savings associations providing discretionary trust services will have to register as an investment adviser with the SEC under the Investment Advisers Act of 1940 if the trust accounts they administer total over $25 million. For amounts lower than $25 million, registration with the state(s) may be required.

Who is the regulator of trust companies? ›

These insured trust banks are examined the same as other insured banks. Most trust companies are not insured by the FDIC. These companies are chartered and regulated by the state or by the OCC. Trust companies which are owned by a bank holding company are also subject to supervision by the Federal Reserve Board.

What are the benefits of a trust company? ›

Advantages of a Trust include that: limited liability is possible if a corporate trustee is appointed. the structure provides more privacy than a company. there can be flexibility in distributions among beneficiaries.

What is the corporate structure of a trust? ›

As a business trust is established under a trust deed, the trustee-manager has legal ownership of the underlying assets in the trust. The trustee-manager is also responsible for managing the assets for the beneficial owners of the trust.

Why put a company in a trust? ›

A living trust for a business relieves the burden of business debts on your family members. If your business is not in a trust, business assets may be used to satisfy personal debts, and that could cause the business to fold. The living trust also reduces the tax burden on your estate.

How is a trust company different than a bank? ›

Unlike a bank, a trust company does not lend your assets out – it holds your assets bankruptcy remote, fully segregated from corporate assets.

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