31 March 2023 Issue 2 André Santos Raquel

Trusts make their debut

André Santos Raquel provides an overview of trust legislation recently enacted in Macau

The Macau Special Administrative Region of the People’s Republic of China (Macau) is a civil‑law jurisdiction that had not fully recognised the concept of trust[1] until the enactment of Law no. 15/2022 (the Law), which entered into force on 1 December 2022. The Law is included in the Macau government’s broader strategy to promote Macau’s financial services sector and represents the integration of a typical common‑law institution in a civil‑law system (for which the legislator drew inspiration mostly from China and Japan’s trust regulations, but also from the US Uniform Trust Code). This article addresses some key aspects of Macau‑law trusts.

A trust is defined in the Law as a legal arrangement pursuant to which a settlor transfers its patrimonial rights to a trustee for the trustee to manage or dispose of in its own name, in the interest of the beneficiary, which is in line with the basic concept of trusts in common‑law jurisdictions.

Any individual or entity with legal personality may be a beneficiary, as well as any descendants of a certain existing individual. A settlor may also be a beneficiary, as well as trustees (who may not be the sole beneficiaries), whereas purpose or charitable trusts are not permitted.

Trusts may be created for a specified or unspecified term and do not have legal personality. A trustee is the legal owner of the assets, which shall remain autonomous and subject to separate accounting: the trust’s assets do not answer for the trustee’s own liabilities, including in case of bankruptcy or winding up, and are not part of the trustee’s estate in case of death. By default, a beneficiary is entitled to the economic benefit of the management or disposition of the trust’s assets, although the trust instrument may regulate differently.

Only a limited number of entities may act as trustee, including Macau‑licensed credit and financial institutions, insurance companies and pension fund‑management companies. Special legislation may authorise other entities to act as a trustee.

Please login to access this content

If you are not a member, find out more about joining STEP or subscribing to STEP articles.