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Purchase Deed Of Trust
"I need a Purchase Deed of Trust for acquiring a commercial property in Sydney CBD valued at $5.2M, with the property to be held in trust for three corporate beneficiaries with quarterly distribution requirements, to be executed by March 2025."
1. Parties: Identifies all parties to the deed including the settlor, trustee(s), and any initial beneficiaries
2. Background: Sets out the context of the purchase and trust arrangement, including the intention to establish the trust and acquire the property
3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes rules for interpretation
4. Trust Declaration: Formally establishes the trust, specifies its name and purpose
5. Purchase Details: Specifies the property or assets being purchased, including full legal description and purchase price
6. Trust Property: Defines how the purchased property will be held in trust and any initial trust property
7. Trustee Powers and Duties: Outlines the specific powers granted to trustees and their responsibilities
8. Beneficiary Rights: Details the rights and entitlements of beneficiaries under the trust
9. Trust Administration: Sets out the operational rules for managing the trust
10. Distribution Rules: Specifies how trust income and capital may be distributed
11. Variation and Amendment: Procedures for making changes to the trust deed
12. Termination: Circumstances and procedures for terminating the trust
13. Governing Law: Specifies the applicable law and jurisdiction
14. Execution: Formal execution provisions and attestation requirements
1. Foreign Investment Provisions: Required when any party is a foreign person under FIRB regulations
2. GST Provisions: Detailed GST treatment where the purchase involves GST considerations
3. Mortgagee Provisions: Required when the purchase involves third-party financing
4. Special Conditions: Any unique terms specific to the particular purchase or trust arrangement
5. Perpetuity Period: Required in jurisdictions where the rule against perpetuities applies
6. Charitable Purposes: Required if the trust has charitable elements or purposes
7. Corporate Trustee Provisions: Additional provisions when the trustee is a corporation
8. Guardian Appointment: Provisions for appointing a guardian of the trust, if required
1. Schedule 1 - Property Description: Detailed legal description of the property being purchased
2. Schedule 2 - Purchase Price and Payment Terms: Detailed breakdown of purchase price, payment schedule, and any special financial arrangements
3. Schedule 3 - Initial Beneficiaries: Complete list and details of initial trust beneficiaries
4. Schedule 4 - Trustee Powers: Comprehensive list of specific powers granted to trustees
5. Schedule 5 - Settlement Sum: Details of any initial settlement sum or assets
6. Appendix A - Required Notices and Certificates: Copies of statutory notices, certificates, or other required documentation
7. Appendix B - Property Reports: Any relevant property inspection reports, valuations, or certificates
8. Appendix C - Consents and Approvals: Copies of any required regulatory or third-party consents
Authors
Real Estate
Financial Services
Property Development
Investment Management
Wealth Management
Family Business
Professional Services
Banking
Construction
Asset Management
Legal
Property
Wealth Management
Trust Administration
Compliance
Finance
Real Estate
Investment
Tax Advisory
Corporate Secretariat
Trust Manager
Property Manager
Legal Counsel
Corporate Lawyer
Estate Planning Lawyer
Trust Administrator
Wealth Manager
Financial Advisor
Property Developer
Investment Manager
Compliance Officer
Company Secretary
Real Estate Manager
Asset Manager
Tax Advisor
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