Terms of Business
These Terms of Business govern the provision of services by CHC Legal, a trading style of CHC Consultants Ltd (“we”, “us”, “our”). By instructing us, you agree to be bound by these Terms.
1. About CHC Legal
CHC Legal is a specialist Estate Planning and Trust Structuring (including Private Foundations) Consultancy. We do not offer consulting on criminal or civil legal matters.
Legal entity: CHC Consultants Ltd
Registered Office: Biz Space, Atlantic Street, Broadheath, Altrincham, England, WA14 5NQ
Company Number: 15847848
2. Nature of Our Services
We assist clients to:
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Understand available Trust and Foundation planning structures
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Design Estate Succession and Family Trust frameworks
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Coordinate implementation with third-party professionals
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Carry out lawful planning objectives
Clients remain responsible for deciding whether to proceed and for obtaining independent advice on matters peripheral to our service (e.g. regulated investment advice) if appropriate.
3. Third Parties and External Providers
To deliver services, CHC Legal may engage or coordinate with third parties, including:
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Solicitor firms
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Trust and foundation drafting providers
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Professional trustees or fiduciaries
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Offshore service providers
If any of these parties contract directly or indirectly with you rather with us, CHC Legal is not responsible for their acts, omissions, fees, or advice.
Once third-party instructions are issued, costs are irrevocably incurred.
4. Regulatory Position
In the United Kingdom, the provision of Estate Planning and Trust Structuring Services is not a regulated activity and does not fall within the remit of the Financial Conduct Authority. Accordingly, all information provided by CHC Legal:
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Is general and informational in nature
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Is provided for planning and structuring purposes only
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Should not be relied upon as regulated advice
Nothing we do constitutes:
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Regulated Taxation advice
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Regulated Financial advice
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Regulated Investment advice
You acknowledge that you are not relying on CHC Legal as a regulated adviser in the above areas.
5. Anti-Money Laundering & Due Diligence
CHC Legal has a duty to ensure that the identity of all Settlors, Trustees and Fixed Nominated Beneficiaries is confirmed in keeping with relevant anti-money laundering regulations. Accordingly, although some initial work may start prior to the supply of full required proof of identity, no trust or other instrument may be concluded until such information is on file.
6. Advanced Planning, NDAs, and Confidentiality
For certain highly advanced or bespoke planning discussions, we may require you to enter into a Non-Disclosure Agreement (NDA) before proceeding.
This is:
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For confidentiality and propriety
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Not intended to conceal unlawful activity
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Not intended to circumvent tax law or GAAR
CHC Legal does not promote, design, or implement abusive or artificial arrangements.
7. GAAR and Lawful Conduct
We operate on the basis that:
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All planning must be lawful
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Structures must have commercial and/or personal substance
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UK and international anti-avoidance rules apply
We reserve the right to decline instructions that we consider improper, abusive, or unlawful.
8. Cooperation with Authorities
CHC Legal may be required by law to:
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Disclose information to HMRC or other tax authorities
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Comply with court orders or statutory notices
You acknowledge that confidentiality is subject to legal compulsion.
9. US Persons – Absolute Exclusion
CHC Legal cannot act for:
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US citizens
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US residents
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US tax persons
This applies whether the individual is:
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A settlor
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A trustee
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A fixed beneficiary
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A foundation founder or council member
You warrant that no US Person is involved unless expressly disclosed and agreed in writing (which will normally be refused).
10. Client Responsibilities
You agree to:
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Provide accurate and complete information
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Disclose all relevant facts
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Confirm instructions in writing
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Obtain independent advice where appropriate
We are entitled to rely on information you provide without verification.
11. Fees and Payment
Fees will be:
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Agreed in advance or quoted separately
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Payable as specified in engagement communications
Work may not commence until payment (or agreed deposit) is received.
12. Distance Marketing & Cancellation Rights
Where services are agreed at a distance (online, email, telephone), consumer cancellation rights may ordinarily apply.
However:
IMPORTANT – WAIVER OF CANCELLATION RIGHTS
By instructing CHC Legal to begin work immediately, you expressly request that services commence before the end of the statutory cancellation period. You acknowledge and agree that:
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Once work has commenced, you lose the right to cancel
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No refunds are available once:
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External providers have been instructed, or
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Drafting or structuring work has begun
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This is necessary because irrecoverable third-party costs are incurred.
13. Refund Policy
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No refunds are available once work has started
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No refunds are available once third-party costs are incurred
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Aborted or incomplete matters remain chargeable
This does not affect statutory rights where applicable, but you acknowledge the waiver above.
14. Limitation of Liability
To the maximum extent permitted by law:
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Our liability is limited to fees paid for the relevant service
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We are not liable for:
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Consequential loss
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Tax outcomes
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Third-party actions
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Changes in law
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Nothing limits liability for fraud or dishonesty.
15. Intellectual Property
All reports, materials, and documentation produced by CHC Legal remain our intellectual property unless otherwise agreed.
16. Termination
We may terminate services immediately if:
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Instructions become unlawful
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You fail to cooperate
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Fees remain unpaid
Fees incurred up to termination remain payable.
17. Governing Law
These Terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.
