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Real Estate Trust Agreement
"I need a Real Estate Trust Agreement for a commercial property in Dubai Marina that will be managed by Emirates NBD as trustee, with quarterly income distributions to three family member beneficiaries starting from March 2025."
1. Parties: Identifies and details all parties to the agreement: the Trustor (property owner), Trustee, and named Beneficiaries
2. Background: Explains the context and purpose of the trust arrangement, including the intention to create a trust over specific real estate assets
3. Definitions: Defines key terms used throughout the agreement
4. Declaration of Trust: Formal establishment of the trust, specifying the trust property and the trustee's acceptance
5. Trust Property: Detailed description of the real estate assets being placed in trust, including legal descriptions and registration details
6. Trustee Powers and Duties: Comprehensive outline of the trustee's authority and responsibilities in managing the trust property
7. Rights of Beneficiaries: Specifies the rights, interests, and entitlements of the beneficiaries under the trust
8. Trust Administration: Procedures for day-to-day management, decision-making, and record-keeping
9. Income and Distribution: Rules governing the distribution of income and capital from the trust property
10. Expenses and Compensation: Provisions for trust expenses and trustee compensation
11. Duration and Termination: Terms regarding the trust's duration and circumstances for termination
12. Governing Law and Jurisdiction: Specifies UAE law as governing law and relevant courts for dispute resolution
13. General Provisions: Standard clauses including amendments, notices, and severability
1. Foreign Ownership Provisions: Required when beneficiaries include foreign nationals, addressing compliance with UAE foreign ownership restrictions
2. Sharia Compliance: Optional section ensuring trust arrangements align with Islamic law principles, if required by parties
3. Successor Trustee Provisions: Detailed procedures for appointment of successor trustees, if desired
4. Investment Powers: Specific provisions regarding investment of trust assets, if trust includes investment authority
5. Property Management Guidelines: Detailed guidelines for property management if trust includes active property management
6. Anti-Money Laundering Compliance: Additional compliance provisions for high-value transactions or when required by regulatory authorities
7. Dispute Resolution Procedures: Detailed alternative dispute resolution procedures, if parties wish to specify mediation or arbitration
1. Schedule 1 - Trust Property Details: Comprehensive legal description of real estate assets, including title deeds and registration numbers
2. Schedule 2 - Beneficiary Interests: Detailed breakdown of beneficiary interests, including percentages and conditions
3. Schedule 3 - Trustee Compensation: Detailed structure of trustee fees and compensation
4. Schedule 4 - Property Management Terms: Specific terms and conditions for property management if applicable
5. Appendix A - Required Regulatory Filings: List of necessary regulatory filings and registrations with relevant authorities
6. Appendix B - Property Certificates: Copies of relevant property certificates, permits, and registrations
7. Appendix C - Initial Trust Asset Inventory: Detailed inventory of all trust assets at the time of trust creation
Authors
Real Estate
Banking & Financial Services
Legal Services
Property Development
Investment Management
Wealth Management
Construction
Property Management
Family Office Services
Legal
Real Estate
Compliance
Property Management
Trust Services
Investment Management
Wealth Management
Corporate Services
Risk Management
Operations
Legal Counsel
Real Estate Manager
Trust Officer
Property Manager
Compliance Officer
Investment Manager
Wealth Manager
Real Estate Director
Legal Director
Corporate Trustee
Estate Planning Advisor
Property Registration Officer
Real Estate Consultant
Asset Manager
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