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Declaration Of Trust Agreement
"I need a Declaration of Trust Agreement for a family trust arrangement where I will transfer HKD 10 million in assets to be managed by ABC Trust Company Limited starting from March 1, 2025, with my three children as equal beneficiaries and my brother serving as protector."
1. Parties: Identifies the Settlor(s), Trustee(s), and references to the Beneficiaries (detailed in Schedule)
2. Background: Sets out the context and intention to create the trust, including the Settlor's wish to settle certain property on trust
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation
4. Declaration of Trust: The formal declaration establishing the trust and confirming the Trustee's acceptance of the appointment
5. Trust Property: Describes the initial trust property and provisions for adding or removing property from the trust
6. Powers and Duties of Trustees: Comprehensive listing of the Trustees' powers and duties in managing the trust
7. Benefits and Interests of Beneficiaries: Details how beneficiaries' interests are structured and how benefits are to be distributed
8. Trust Period: Specifies the duration of the trust and any relevant perpetuity periods
9. Administration of Trust: Covers practical aspects of trust administration, including record-keeping and accounting requirements
10. Appointment and Retirement of Trustees: Procedures for appointing new trustees and handling trustee retirement or removal
11. Trustee Remuneration and Expenses: Details any fees payable to trustees and provisions for expense reimbursement
12. Governing Law and Jurisdiction: Confirms Hong Kong law as governing law and jurisdiction for disputes
1. Protector Provisions: Include when a protector is appointed to oversee certain aspects of the trust administration
2. Investment Provisions: Detailed investment powers and restrictions, particularly relevant for trusts with significant financial assets
3. Distribution Committee: Include when a committee is established to make or advise on distribution decisions
4. Letter of Wishes: Reference to any letter of wishes when the trust is discretionary
5. Variation Powers: Specific powers to vary trust terms beyond statutory provisions
6. Minor Beneficiaries: Special provisions for handling benefits for beneficiaries who are minors
7. Delegation Powers: Specific provisions for delegation of trustee powers where required
8. Tax Provisions: Specific tax-related provisions where tax planning is a key consideration
1. Schedule 1 - Trust Property: Detailed inventory and description of all initial trust property
2. Schedule 2 - Beneficiaries: Full details of all beneficiaries and their respective interests or share classes
3. Schedule 3 - Trustee Powers: Comprehensive list of specific powers granted to trustees beyond statutory powers
4. Schedule 4 - Administrative Provisions: Detailed administrative procedures and requirements
5. Appendix A - Letter of Wishes: Non-binding guidance from the Settlor regarding trust administration (if applicable)
6. Schedule 5 - Investment Guidelines: Specific investment parameters and restrictions (if applicable)
Authors
Financial Services
Wealth Management
Real Estate
Private Banking
Family Office
Legal Services
Asset Management
Trust Services
Private Equity
Investment Management
Professional Services
Legal
Compliance
Wealth Management
Trust Administration
Private Banking
Risk Management
Corporate Services
Financial Planning
Asset Management
Investment
Client Relations
Trust Manager
Wealth Manager
Private Banker
Legal Counsel
Trust Administrator
Compliance Officer
Asset Manager
Estate Planner
Financial Advisor
Trust Officer
Company Secretary
Risk Manager
Family Office Manager
Investment Director
Relationship Manager
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