Trustee & Fiduciary
The trust is a cornerstone of complex financial arrangements, from debt capital markets issuance to corporate restructurings. It is a legal structure built upon the profound fiduciary duty of a trustee to hold and administer assets and enforce rights on behalf of beneficiaries. The choice of trustee is therefore a decision of the utmost importance.
Our Role
Aether provides professional and independent trustee services for a wide range of commercial trust structures. We assume the full fiduciary responsibility for the administration of the trust, acting always in the best interests of the beneficiaries and in strict accordance with the terms of the trust deed or indenture.
In debt capital markets transactions, we act as the indenture trustee, representing the interests of bondholders. We ensure the issuer complies with its obligations under the indenture and are empowered to act on behalf of bondholders in the event of a default.
In distressed situations, we act as trustee to uphold the integrity of a restructuring plan. We can take control of collateral, manage the mechanics of the transition, and ensure the plan is implemented with precision and impartiality.
We make discretionary decisions as empowered by the trust deed, guided by our fiduciary duty to act in the best interests of the beneficiaries. This is particularly critical in default scenarios where we must enforce the rights of creditors.
We manage all day-to-day aspects of the trust, including maintaining trust accounts, ensuring all tax and regulatory compliance obligations are met, and liaising with all relevant advisors to ensure the trust is managed effectively.
Unimpeachable Independence
As an independent professional fiduciary, we are free from the conflicts of interest that can arise when a trustee also has a lending or advisory relationship with other parties to the transaction. Our judgment is never compromised, and every decision is made with the single-minded objective of fulfilling our fiduciary duties.
Expertise in Complex Scenarios
Our team consists of specialist lawyers, accountants, and trust professionals with deep expertise in debt instruments, trust law, and insolvency. This ensures the trust is managed with the highest level of technical competence, particularly in distressed or default scenarios where decisive and expert action is required to protect the interests of beneficiaries.
Confidential Consultation
To discuss the appointment of a professional trustee for your transaction, please contact us.