Should You Form a Trust Company in Nevada?

Benefits of Nevada Trust Companies

Nevada is one of the most favorable states for starting a trust company. Unlike other jurisdictions that make the process difficult or expensive, Nevada offers a streamlined path for entrepreneurs, financial professionals, and families seeking to establish a retail or family trust company.

At Saltzman Mugan Dushoff, we are the leading Nevada law firm for trust company formation and licensing. Our attorneys routinely assist clients in chartering Nevada retail trust companies and forming licensed or unlicensed family trust companies, guiding them through the entire regulatory process.

What Is a Trust Company?

A trust company is a business entity that provides fiduciary services. That means the company can:

• Serve as a trustee, managing financial assets for individuals, families, and organizations
• Act as a custodian for funds or investments
• Provide estate planning services, including acting as an executor or conservator

In Nevada, a natural person can act as a trustee for private trusts. If a business entity wishes to offer trustee services to the public, it must be properly licensed as a trust company under NRS Chapter 669. 

Why Form a Trust Company in Nevada?

Nevada is a top choice for individuals and companies looking to establish trust businesses because of its favorable trust laws. Some of the state’s key advantages include: 

• No state corporate income tax: Nevada imposes no corporate income tax, which can significantly increase trust company profitability. This makes Nevada an ideal jurisdiction for families or businesses seeking to establish a trust company, as it avoids the additional tax burden that reduces returns in other states.
• No tax on trust assets: Certain trust assets can grow and be managed in Nevada without state-level taxation on transactions or gains. This allows trusts to accumulate and reinvest wealth more efficiently, making Nevada especially attractive for long-term wealth preservation.
• Dynasty and asset protection trusts allowed: Nevada allows dynasty trusts and asset protection trusts, making it an attractive location for long-term family wealth management. This enables families to secure assets across multiple generations while shielding wealth from lawsuits, creditors, or divorce settlements.
• Business-friendly regulations: Nevada has a supportive regulatory environment for new trust companies, unlike other states that discourage new entrants in the industry. This creates opportunities for families and entrepreneurs to establish trust companies with less red tape and greater flexibility than in other trust jurisdictions, such as New York or California.

What Services Can a Licensed Nevada Trust Company Provide?

Under Nevada law, licensed retail trust companies can offer a wide range of services. The benefits of licensing your trust company with the experienced lawyers at Saltzman Mugan Dushoff include being able to provide the following services. 

Trust Administration

Managing and safeguarding client assets, handling distributions, paying claims, and overseeing property or farm management.

Investment Management

Developing and executing investment programs that follow fiduciary principles for individuals, corporations, charities, and families. For example, a Nevada trust company might oversee a trust’s $10 million investment portfolio, selecting fund managers, balancing risk, and ensuring all investment decisions align with the trust’s long-term goals.

Estate Planning and Executor Services

Settling estates, collecting debts, managing claims, and distributing assets to beneficiaries after a client’s passing. 

Custodial and Escrow Services

Serving as a custodian of assets or escrow agent, including for emerging asset classes like cryptocurrency and digital securities. A licensed Nevada trust company could hold cryptocurrency in secure custody or act as a neutral escrow agent during the sale of real estate or a privately held business. This can give your trust company an edge during a time when traditional banks are still breaking into the cryptocurrency space. 

Qualified Retirement Plan Services

Assisting in creating and managing tax-advantaged retirement plans, including IRAs, 401(k)s, SEP IRAs, and executive benefit plans. A licensed trust company may offer these retirement plans, which qualify for special tax savings. In some cases, trust companies are called upon to educate employees about a particular plan or a set of plan options and to create and manage investment portfolios for the chosen type of plan. The services required may include record-keeping and tax return preparation services for plan participants. 

Corporate Money Management

Helping businesses manage cash assets, construct portfolios of government securities, and optimize short-term investments.

Charitable Funds Management

Advising foundations, charities, and endowments on investment growth, planned giving strategies, and charitable trust management.

Guardianship and Conservatorship Services

Managing the finances of minors or adults who are unable to handle their financial affairs.

What Are the Requirements to Start a Trust Company in Nevada?

Starting a trust company in Nevada requires compliance with Nevada Revised Statutes Chapter 669 and regulations from the Nevada Financial Institutions Division (NFID). Minimum requirements include:

• Capitalization: Typically at least $1 million in capital, though requirements may vary based on the type of trust company. (NRS 669.100)
• Business plan: A detailed description of intended services and operations.
• Background checks: Personal and financial background checks for directors, officers, and principal owners.
• Physical presence: You must maintain a physical office in Nevada with at least one qualified employee.
• Application submission: A formal application to the NFID, including all financial documents and operational plans.

 

Because the process is highly detailed and strictly regulated, we recommend working with experienced legal counsel, such as our professional Nevada trust company formation attorneys, to avoid costly mistakes and delays.

What Is the Difference Between a Retail Trust Company and a Family Trust Company?

Nevada law allows for two primary types of trust companies:

• Retail trust companies: These are licensed businesses that provide trust services to the general public or specific client bases.
• Family trust companies: These are private trust companies formed by ultra-high-net-worth families to manage their family assets exclusively. They can be licensed or unlicensed, depending on their structure and the nature of their services.

At Saltzman Mugan Dushoff, we regularly assist both retail and family trust clients in forming the appropriate type of entity to achieve their goals.

Is It Hard to Start a Trust Company in Nevada?

While Nevada makes it easier than most states, starting a trust company is still a complex legal and regulatory process. You’ll need to:

• Understand fiduciary obligations
• Prepare a comprehensive application
• Maintain proper compliance and audits
• Follow state and federal financial institution regulations

Saltzman Mugan Dushoff helps clients handle all these steps with precision and efficiency, taking the weight and worry off your shoulders and putting your legal future securely in experienced hands.

Why Choose Saltzman Mugan Dushoff for Trust Company Formation?

At Saltzman Mugan Dushoff, we are the preeminent financial institutional law firm in Nevada. Matthew D. Saltzman, Esq., our Managing Shareholder, is a recognized leader in corporate and administrative law for banks, trust companies, and financial entities. We routinely:

• Guide clients through trust company formation and licensing
• Advise on regulatory compliance and chartering
• Represent trust companies before the Nevada Financial Institutions Division

If you’re ready to start a Nevada trust company, contact us today at 702-330-3441 or reach out online. With Nevada’s level playing field for trust formation, and our experienced trust formation lawyers on your side, the sky is the limit for your trust’s wealth preservation and growth strategy.