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Declaration Of Trust For Shares Template for Australia

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Key Requirements PROMPT example:

Declaration Of Trust For Shares

"I need a Declaration of Trust for Shares to establish a trust holding 5,000 ordinary shares in my family business for my three children, with myself as trustee and including provisions for quarterly dividend distributions and eventual transfer of legal ownership when my youngest child turns 25 in March 2025."

Document background
The Declaration of Trust for Shares is essential in Australian business and wealth planning structures where there is a need to separate legal and beneficial ownership of shares. This document is commonly used in family business arrangements, investment structures, estate planning, and corporate reorganizations. It must comply with Australian trust law principles, including both Commonwealth legislation such as the Corporations Act 2001 and state-based trustee acts. The declaration typically details the trust property (shares), identifies all parties, establishes the trust's terms, and sets out the rights and obligations of trustees and beneficiaries. It's particularly valuable when implementing tax-efficient structures, protecting assets, or managing family wealth across generations.
Suggested Sections

1. Parties: Identifies the Trustee and the Beneficiary/ies in full legal form

2. Background: Sets out the context of the trust arrangement, including details of share ownership and intention to create the trust

3. Definitions: Defines key terms used throughout the document

4. Declaration of Trust: Formal declaration by the Trustee holding the shares in trust

5. Trust Property: Detailed description of the shares held in trust

6. Terms of Trust: Core terms governing the trust arrangement

7. Trustee Powers and Duties: Specifies the powers and obligations of the trustee in managing the trust shares

8. Beneficiary Rights: Details the rights of beneficiaries regarding the trust shares

9. Income and Distribution: Provisions regarding the treatment of dividends and other income from the shares

10. Duration of Trust: Specifies the term of the trust and any vesting dates

11. Execution: Formal execution clause and signing provisions

Optional Sections

1. Multiple Trustees Provisions: Additional provisions for when there are multiple trustees

2. Trustee Remuneration: Terms regarding trustee compensation, if applicable

3. Variation of Trust: Provisions allowing for modification of trust terms

4. Trustee Retirement and Replacement: Procedures for changing trustees

5. Foreign Beneficiary Provisions: Special provisions for beneficiaries located outside Australia

6. Corporate Trustee Provisions: Additional terms specific to corporate trustees

7. Trust Protector Provisions: Terms establishing and governing a trust protector role

8. Dispute Resolution: Procedures for resolving disputes between parties

Suggested Schedules

1. Schedule 1 - Share Details: Detailed description of the shares held in trust, including company details, share certificate numbers, and class of shares

2. Schedule 2 - Beneficiary Details: Full details of beneficiaries and their respective entitlements or share proportions

3. Schedule 3 - Initial Trust Assets: Complete inventory of all initial trust assets if more than just shares

4. Appendix A - Trustee Powers: Comprehensive list of specific powers granted to the trustee

5. Appendix B - Administrative Provisions: Detailed administrative procedures and requirements

6. Appendix C - Consent Forms: Standard forms for various consents required under the trust

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions












































Clauses





























Relevant Industries

Financial Services

Investment Management

Private Wealth Management

Corporate Services

Legal Services

Family Office

Professional Services

Banking

Asset Management

Trust Services

Relevant Teams

Legal

Corporate Secretariat

Wealth Management

Compliance

Trust Administration

Private Client Services

Corporate Governance

Financial Planning

Tax Advisory

Investment Management

Relevant Roles

Trust Manager

Corporate Lawyer

Legal Counsel

Wealth Manager

Financial Advisor

Company Secretary

Trust Administrator

Compliance Officer

Private Client Advisor

Estate Planning Lawyer

Corporate Trustee Officer

Investment Manager

Tax Advisor

Family Office Manager

Industries







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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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