Trustee Protection

Hutchinson & Co. Trustees (Asia) Limited

The Karma – Hutchinson Relationship

The Karma Group, established in the year 1993, commenced its journey in Goa and is now a group managing 44 resorts and serving over 27,000 members.  Created and led by their mercurial Chairman, Mr. John Spence, the group has its presence of exotic and award-winning resorts in 16 countries.  www.karmagroup.com/

The Hutchinson Group has its foundations in the year 1985 and has been providing trustee services to the shared leisure industry for 35 years. With associated offices in the United Kingdom, Spain, Thailand, China and India, its core values of “Service & Security” extend to all clients, no matter where in the world they may be.

The Karma Group has appointed Hutchinson & Co. Trustees (Asia) Limited as its trustee to secure their members’ legal right to use holiday accommodation included in their membership under a number of different products.

HOW KARMA GROUP
MEMBERS BENEFIT
FROM THE
TRUSTEE PROTECTION

Points Clubs

Karma Points are a unit of currency which helps purchasers buy stays at Karma resorts, estates and retreats worldwide. A Karma Group points member subscribes to a membership by purchasing a certain number of points specified in the Purchase Agreement, that entitles the member to the “right to use” the resorts (accommodation and facilities therein) forming part of the relevant Points Club (subject to the terms of the Club Rules). The agreement between Karma and the member includes the duration of stay each year or every alternate year, the number of nights dependent on the unit size, season and resort category chosen.  The membership is valid for the number of years stated in the agreement and subject to payment of the applicable annual management charges and member fees.

Hutchinson safeguards the Karma Group members’ interests by legally ring fencing the units of accommodation at the resorts which guards against the possibility of any of the parties involved getting into financial difficulties, however unlikely that may seem. This ensures that the benefits of the rights of occupation are exclusively reserved for members, for the entire period of their membership.  

The Deed of Trust between the Karma Group and Hutchinson Asia, along with the Club Rules, governs the role of the trustee. An example of one trust structure currently in place at Karma Group resorts in India sees the original title deeds of these resorts held under the control of Hutchinson Asia with the legal rights to such resorts documented in a Memorandum of Deposit of Title Deeds.

Karma Points are a unit of currency which helps purchasers buy stays at Karma resorts, estates and retreats worldwide. A Karma Group points member subscribes to a membership by purchasing a certain number of points specified in the Purchase Agreement, that entitles the member to the “right to use” the resorts (holiday accommodation and facilities therein) forming part of the relevant Points Club (subject to the terms of the Club Rules). The agreement between Karma and the member includes the duration of stay each year or every alternate year, the number of nights dependent on the unit size, season and resort category chosen.  The membership is valid for the number of years stated in the agreement and subject to payment of the applicable annual management charges and member fees.

Hutchinson Asia safeguards the Karma Group members’ interests by legally ring fencing the units of holiday accommodation at the resorts which guards against the possibility of any of the parties involved getting into financial difficulties, however unlikely that may seem. This ensures that the benefits of the rights of occupation are exclusively reserved for members, for the entire period of their holiday membership.  

The Deed of Trust between the Karma Group and Hutchinson Asia, along with the Club Rules, governs the role of the trustee. An example of one trust structure currently in place at Karma Group resorts in India sees the original title deeds of these resorts held under the control of Hutchinson Asia with the legal rights to such resorts documented in a Memorandum of Deposit of Title Deeds.

Fractional Ownership

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Karma’s Fractional Ownership products see members participating in vacations at a luxury residence in one of Karma’s fractional resorts. This membership entitles the member to occupy the residence for a set period of time each year or each alternate year as stated and in line with the terms of their Purchase Agreement for the duration of the contract. It also allows the member to participate in the sales proceeds once the units are sold at the termination date with details of such being outlined in the relevant fractional product Rules.

The structure of the Points Clubs and Fractional projects are somewhat different but the protection provided by the underlying trust structure remains essentially the same in that the trustee holds control over the properties concerned, in trust, for the members (as detailed above under Points Clubs).

Further, under the Fractional Ownership projects the trustee is appointed to administer the sale of the apartments at the end of the project and to distribute the net sale proceeds directly to the members, in accordance with the Rules.

The Karma Fractional Ownership product is not a financial instrument and should not be purchased for investment purposes. The purchase price the member pays is not an indication of the underlying value of the residence as it includes, as per industry standards & norms, marketing and other costs that significantly contribute to the price paid. The capital value of the residence will fluctuate and can go down as well as up. There is absolutely no guarantee of a capital gain and the fractional participation in the ultimate sales proceeds could be less than what they paid for the fractional interest.

Fractional Ownership

The structure of the Points Clubs and Fractional projects are somewhat different but the protection provided by the underlying Trust structure remains essentially the same in that the Trustee holds control over the properties concerned, in trust, for the Members (as detailed above under Points Clubs). 

Further, under the Fractional Ownership projects the Trustee is appointed to administer the sale of the apartments at the end of the project and to distribute the Net Sale Proceeds directly to the members, in accordance with the Rules.

GET IN TOUCH

Should you have any queries regarding the trustee service we provide for Karma projects, please let us know